Legal Disclaimer - Brandkarma

PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

Brandkarma, LLC, Terms of Use

Your use of the Brandkarma, LLC, Web site (the “Web Site”) is subject to the following terms and conditions of use (the “Terms”). You agree to these Terms by accessing this Web Site and/or by accepting any information from this Web Site. Brandkarma, LLC, and its parents, affiliates, subsidiaries, licensors and assigns (collectively, “Brandkarma” or “We”) reserve the right in its sole discretion to change these Terms. We will post changes here, so check back periodically. Your continued use of this Web Site after the posting of any notice of a change in the Terms shall constitute your acceptance to be bound by any such changes.

The information and features included in this Web Site have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. Brandkarma will use reasonable efforts to include accurate and up-to-date information. However, this Web Site and all information it contains are provided “AS IS.” By using or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

Information You Submit

Transmitting, submitting and/or posting any communication or material to the Web Site and/or Brandkarma by electronic mail or otherwise, including any data, questions, comments, suggestions, personally identifying information or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit, submit and/or post to the Web Site and/or Brandkarma may be used by Brandkarma for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting. Brandkarma is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Web Site and/or Brandkarma, for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products using such information. By submitting materials to a public posting area, you represent that such materials are original with you and do not violate the rights of any third parties, including, without limitation, any Intellectual Property rights and rights of publicity and/or privacy. Accordingly, all submissions to the Web Site and/or Brandkarma shall be the sole property of Brandkarma and will not be returned.

Intellectual Property Information/Restrictions on Use of the Web Site

This Web Site and all of the information it contains, or may in the future contain, such as articles, opinions, and other text, (collectively, the “Content”), as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material and/or any other form of intellectual property (collectively, the “Intellectual Property”) are owned by Brandkarma or other third parties and are protected from unauthorized copying and dissemination by U.S. copyright, trademark and other laws.

Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise any license or right to use any Intellectual Property displayed on the Web Site without the prior written consent of Brandkarma or such third party that may own the Intellectual Property displayed on the Web Site. Your misuse of the Intellectual Property displayed on the Web Site, or any other Content on the Web Site except as provided in these Terms, is strictly prohibited. You are advised that Brandkarma will aggressively enforce Intellectual Property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

As a user of the Web Site, you agree not to use the Content for any unlawful purposes, not to violate Brandkarma’s Intellectual Property rights or the rights of others, including, without limitation, by creating any derivative works based on the Web Site, the Content, the Intellectual Property and/or any portion thereof; deleting any copyright, patent or trademark notice from the Web Site, the Content, the Intellectual Property and/or any portion thereof; distributing the Web Site, the Content, the Intellectual Property and/or any portion thereof; or making copies of any of the same available to others (including via electronic mail, the Internet or otherwise); modifying; publishing; transmitting; reusing; reposting; transferring; selling; performing; displaying or in any way commercially exploiting the Web Site, the Content, the Intellectual Property and/or any portion thereof; uploading or submitting any material that is unlawful, abusive, indecent or obscene, promotes violence or illegal acts, contains expressions of racism, or any solicitation of funds or unsolicited “junk” electronic mail; uploading or submitting any material that is libelous, defamatory, scandalous, or inflammatory; or representing yourself as an individual other than yourself. Your compliance with these Terms will be determined by Brandkarma in its sole discretion. Any violation of these Terms may result in restrictions on your access to the Web Site and may be referred to law enforcement authorities.

BY USING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BRANDKARMA HARMLESS FROM AND AGAINST ANY CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR BREACH OF THE FOREGOING REPRESENTATIONS, YOUR VIOLATION OF THESE TERMS, OR A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS WEB SITE AND/OR THE CONTENT IN VIOLATION OF THESE TERMS.

Disclaimers/Limitations on Liability

Brandkarma makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements and recommendations contained in this Web Site and/or the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Brandkarma. Views and opinions of users of this Web Site do not necessarily state or reflect those of Brandkarma. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Web Site.

The Internet may be subject to breaches of security. Brandkarma is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Brandkarma any personal or confidential information. Brandkarma makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. Brandkarma is not responsible for the content or performance of any portion of the Internet including other World Wide Web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Brandkarma of any errors or inappropriate material found on Web sites to which this Web Site is or may be linked. Brandkarma reserves the right, in its sole discretion, to terminate a link with any Web site which it deems inappropriate or inconsistent with this Web Site.

BRANDKARMA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THIS WEB SITE, THE CONTENT AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON.

YOU AGREE THAT BRANDKARMA IS NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF BRANDKARMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL BRANDKARMA BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).

Location

Brandkarma operates this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.

Violations and Additional Policies

Brandkarma reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address. Brandkarma may deny or terminate the permission granted under these Terms at any time for any reason by giving any such user proper notice, as determined solely by Brandkarma.

The Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

Access to this Web Site may be monitored and the requesting URL, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Web Site constitutes consent to such monitoring and Brandkarma’s reuse of such collected information.

These Terms of Use and your use of this Web Site shall be governed and enforced by the laws of the United States of America and in accordance with the laws of the States of California and New Jersey without regard to its conflicts of law principles. Any legal action or proceeding with respect to the Terms and/or your use of this Web Site must be filed exclusively in a federal or state court of competent jurisdiction sitting in California or New Jersey. Any legal action or proceeding must be filed within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.