Terms Of Use

TERMS OF USE FOR USERS

FOR feedbackBlog.com WEBSITE

IMPORTANT – READ CAREFULLY: These “Terms of Use” constitute a legal agreement between you and 1800Feedback , INC., a Georgia corporation, (“1800Feedback ,” “we,” or “us”). By clicking “accept,” you will be agreeing to the terms of this Agreement as set forth below. Furthermore, by clicking “accept” you do confirm to us that you are “signing” this Agreement for all purposes under applicable law.

1. Purpose and Overview: This Agreement constitutes the entire agreement between you and us with respect to your using our website and/or IVR telephone application by calling 1-800-333-3222 collectively known as (the “Website”). Our primary purpose is to provide a Website that promotes truth, honesty, accountability and transparency with respect to dealings between customers and vendors. You may use our Website to comment about and rate various providers of products and services (“Vendors”), and rate ratings and comments posted by others. You and others that visit our Website for one or more of these purposes are referred to herein as “Users.” And business that are listed on our Website are referred to herein as either “Vendors” or “Business Members.”

2. Postings and Charges: For Users, currently all calls that they take part in our free of charge. Also currently for Business Members their calls are free of charge as well. However in the future we will most likely charge Business Members for the recording time.

3. We reserve the right to edit or remove any material recorded or posted on the Website.

4. Customer Service: All questions relating to feedbackBlog.com orders or any payments made using your credit/debit card should be directed to us, and you may contact us regarding your orders or any payments made using your bank account by calling us at 1-888-Feedback.

6. Event Participation: If you participate in any exposition or similar event under this Agreement, you will comply with all of our rules and policies relating to the event and all applicable laws.

7. Term, Access and Termination: The “Term” of this Agreement will begin on the date you first use our Website the terms of this Agreement and end upon notice from one party to the other that the Term has ended.

8. Age Requirements: No one under 18 years of age may use this Website or leave feedback for business through the use of calling 1-800-Feedback. By using this Website/phone number, you represent and warrant to us that you are over the age of 18 years.

9. Reservation of Right to Change Terms: We reserve the right to change any of the terms of this Agreement and any time. Upon doing so, we will notify you by posting the new version of the terms our Website. Your use of the of the site or toll free number after a change has been posted constitutes your acceptance of the changes.

10. Accuracy: It is your responsibility to assure that any comments and recordings that you post either by telephone or by text through the website provides an accurate portrayal of any transaction as it occurred.

12. No Submissions: Other than recordings and postings made as provided herein, we do not accept submissions.

13. Restrictions: You agree to the following restrictions:

(a) You will not use this Website for any purpose or provide any comments or posts that are contrary to law. You are solely responsible for all content or information you publish or display on FeedbackBlog.com.

You will NOT post any defamatory or illegal material or any material that infringes or violates another party’s intellectual property rights. You will use the site a manner consistent with any and all applicable laws and regulations. By posting information on the site, you warrant and represent that the information is truthful and accurate.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law.

While we do not and cannot review every message posted by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove profanity, obscenities, threats of physical violence or damage to property, and private financial information such as social security numbers and credit card information.

(b) You will not use this Website for any purpose if you are under eighteen (18) years of age

(c) You will not reprint, republish or distribute in any way, any information or materials found on our Website except as expressly permitted on the Website. Notwithstanding the foregoing, you may use the linking tools and the imbedding tools provided on the Website to distribute information on the Website provided a reference to our Website, including the URL, is included with the distribution.

(d) You will not use any of the information on the Website for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way other than to respond to a request for information.

(e) You will not provide to us or post on our Website any information that is incorrect, such as an incorrect name, address, email address or any other incorrect information for yourself or a Vendor or an incorrect summary of your transaction with a user or Vendor.

(f) You will not post any content that is defamatory, obscene, threatening, abusive or hateful.

(g) You will not access data not intended to be accessed by Users of the Website or attempt to probe, scan or test the vulnerability of our Website or attempt to interfere with any service available on our Website, change postings of others on our Website, take other actions which impose an unreasonable or disproportionate load on our Website, send unsolicited email, including promotions and/or advertising of products or services, to addresses obtained from our Website, forge any email address, newsgroup or name in connection with this Website and/or use a password, name or identification which is not your own in accessing our Website.

(h) You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used on our Website.

(i) You will not post any materials on our Website in violation of any other party’s rights, including, but not limited to, copyrights or privacy and publicity rights.

14. Representations and Warranties: You represent and warrant to us that all of the information that you submit to us and/or post on our Website, will be true and correct and not contrary to law or in violation of the rights of any party. You agree not to post photos or any other content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, promoting or soliciting for commercial purposes, containing any known viruses or bugs, or which is otherwise harmful, offensive, inappropriate, or unprofessional. We have no obligation to monitor, screen, filter or edit any information, communication, or content that is directly posted by or shared by Users on the Website, however we may, at our discretion from time to time, monitor use of this Website, and we reserve the right to delete or edit any objectionable content posted or submitted by authorized Users, terminate the Users access to the Website, deny future access, or take any other action we deem appropriate under the circumstances.

15. Disclaimer: YOU RECOGNIZE AND AGREE THAT WE ARE PROVIDING ALL THE SERVICES WE PROVIDE “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, ADVISORS, ATTORNEYS, AGENTS, EMPLOYEES, OFFICERS, SUPPLIERS AND SUBCONTRACTORS (THE “feedbackBlog.com PARTIES”) MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR ANY USE OF OR CIRCUMSTANCES RELATING TO THE USE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, FOR OUR OWN NEGLIGENCE. WE DO NOT REPRESENT OR WARRANT THAT THE VENDORS LISTED ON THIS WEBSITE ARE WHO THEY CLAIM TO BE, THE QUALITY OF THEIR PRODUCTS OR SERVICES, OR THAT IT IS SAFE TO MEET ANY OF THEM. WE HAVE NOT AND DO NOT TAKE ANY STEPS TO VERIFY THAT THE USERS OR VENDORS ARE WHO THEY PURPORT TO BE OR SCREEN THEM FOR PRIOR CRIMINAL OR OTHER ACTS.

16. Indemnity: You hereby agree to indemnify and hold the feedbackBlog.com Parties harmless from any and all losses, including, but not limited to, attorneys fees, that any one or more of the feedbackBlog.com Parties may incur as a result of your violation of any of the terms and conditions of this Agreement, including, but not limited to, your breach of any of the warranties or representations. You further agree to indemnify and hold each of the feedbackBlog.com Parties harmless from any and all losses, including, but not limited to, attorneys fees, that any one or more of the feedbackBlog.com Parties may incur as a result of any claims by you against any one or more of the feedbackBlog.com Parties even if such claim is based on the negligence of any one or more of such parties.

17. Limitation of Liability: YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE AND RELATING TO PRODUCTS OR SERVICES YOU ACCEPT AS A RESULT OF BEING CONTACTED BY OR CONTACTING SOMEONE AS A RESULT OF THE INFORMATION YOU PROVIDE ON THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE OTHER feedbackBlog.com PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF THE OTHER feedbackBlog.com PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, YOU HAVE ACTUALLY PAID US AND YOU HEREBY RELEASE US AND THE OTHER feedbackBlog.com PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. THE LIMITATIONS SET FORTH IN THIS SECTION ARE IN ADDITION TO ALL OF THE OTHER DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES SET FORTH IN THIS AGREEMENT.

18. System Integrity: You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the Website or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.

19. Responsibility for Postings: You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to material you store on our Website. Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. We do not endorse any information posted by Users OR Business Members and we are not liable for any such information posted on our site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on our site which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of the term of this Agreement. However, we cannot, nor do we, control the information provided by you, other Users and Vendors which is made available through our system. Information provided by Users and Vendors may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. The Website is provided “AS IS” and may also contain technical inaccuracies or typographical errors.

21. Right to Remove: We reserve the right to change or remove any postings but do not assume any obligation to do so nor do we assume any liability regarding whether we do or don’t remove a posting.

22. Ownership of Proprietary Rights: It is understood and agreed that we own all intellectual property rights relating to the Website including, but not limited to, copyrights, trademarks, and service marks in the material that we provide. You may not copy any of our proprietary materials or any submissions from our Users or Vendors, except with our prior express written permission or as permitted in 13(c) in connection with using our linking and imbedding tools. You hereby grant to us the right to copy, distribute, modify, display and perform any content you post as we desire in connection with the operation and promotion of the Website or for any other purpose (and represent and warrant to us that you have authority to do so). You also grant to us the right to use your image, likeness, voice and/or name that you post on our Website as we desire for any purpose relating to the operation and promotion of the Website and any other purpose in connection with use of the content you post and represent and warrant to us that any images, likenesses, voices or names that you provide that are not of you are provided, with full authority of the person whose image, likeness, voice or name that you did provide, for us to use, in connection with the operation or promotion of the Website or otherwise, without restriction. You further authorize us to assign and/or sublicense these rights you have granted to us to third parties for streaming from other websites or other purposes related to the use of the content you posted.

23. Links: We may provide links on this Website to sites operated by other parties for your convenience. Because we have no control over these sites, we do not take responsibility for their operation or for the content or merchandise featured on or made available through them. You should carefully review the terms and conditions of use and privacy policies associated with these sites before making any use of them, particularly because these sites may make use of your personally identifiable information in ways inconsistent with the terms of this Agreement.

24. Anti-Spam: feedbackBlog.com has absolutely no tolerance for spam or unsolicited bulk email. You understand and agree that you will refrain from spamming other Users, Business Members and other Vendors of the Website with email or otherwise. This can result in immediate termination of your account from the Website, as well as legal consequences. You may not use our communication tools to send spam, unsolicited bulk email, or otherwise send content that would violate the terms of this Agreement.

25. Assignment: You may not assign any of your rights or obligations under this Agreement to any other party. We may assign any of our rights and obligations without restriction.

26. Applicable Law, Jurisdiction and Waiver of Trial by Jury: The terms of this Agreement will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its principles of conflicts of laws. Any dispute arising between the parties shall be brought before any court (state or federal) located in Fulton County, Georgia (or the Northern District of Georgia) having jurisdiction over such a dispute. By using this site you irrevocably submit to the jurisdiction of the above-mentioned Georgia courts for purposes of resolving any such dispute, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

27. Ratings: You understand and agree that Users may be permitted, and even encouraged, to rate Vendors and other users on the Website. You agree to assure that anything that you post is true and correct and you agree to indemnify and hold us harmless from any liability or claims, including, but not limited to, attorney fees for any postings or claims that you make about others.

28. Reporting Violations: If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us by sending your issue toService@feedbackBlog.com with “copyright issue” in the header.

29. Compliance With Laws: You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of the terms of this Agreement, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend your access to this Website and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these terms and conditions could subject you to criminal or civil penalties.

30. Website Security: So that this Website remains to the extent possible open and available to all Users, we have mechanisms in place to: identify unauthorized attempts to gain access to secured sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though we strive to keep these mechanisms up to date, due to technical uncertainties, we are unable to make any representation or warranty that the content, information, or links in this Website are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any information or image on this Website or cause harm are strictly prohibited and will be punishable to the full extent of the law, including under the Computer Fraud and Abuse Act.

31. Changes to Website: It is understood that we may make any changes to the Website at any time and from time to time as we may desire without restriction.

32. Speech to Text: We may use software that will translate telephone conversations and other speech to text. Whether we do that or not is totally within our discretion. If we do, we will not be liable for any inaccuracies or mistakes that result from the conversion process or from any other cause. You are aware, and acknowledge that you are aware, that any text conversion may not be accurate.

34. Miscellaneous:

34.1 Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of Georgia.

34.2 Further Actions. You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.

34.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.

34.4 Interpretation. The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

34.5 Relationship of the Parties. The parties agree that there is not and will not be any partnership, joint venture, employer-employee, master-servant, or franchisor-franchisee relationship between the parties hereto.

34.6 Notices. Any notice to you will be effective when posted on the Website or sent to the last email address you have given us. Any notice to us will be effective when delivered to our then latest address as posted on the Website.

34.7 Electronic Disclosures/Communications: You agree to accept all disclosures and other communications between you and us at the primary e-mail address associated with your feedbackBlog.com account. It is your responsibility to assure that your spam filters do not block our e-mails from reaching you. You are also responsible for being aware of any changes in this Agreement that we may post on the Website.

34.8 Acceptable Feedback Content:

Feedback comments containing any of the following are not permitted:

  • Links to any site that has pornographic or non-family friendly content.
  • scripts
  • References to 1800Feedback investigations
  • Negative statements left for the other party that conflict with the positive rating
  • Giving out more private information about the other party than what they have made public. This includes address, phone number, etc…
  • Any “off subject” comments other that the pertinent ones about the transaction. Examples are those religious or political in nature.
  • Profane, vulgar, obscene, or racist language, or adult material

If you violate any of the above, it may at our discretion, result in the following:

  • Account cancellation or suspension
  • Limiting your account’s privileges
  • Forfeit of fees (if you are a paid business subscriber)
  • Feedback rating and/or comment removal

34.9 Private Information: By agreeing to these terms, you understand, acknowledge and agree that We are not in control of your private information that may or may not get posted to the site. Just like any other site out there, Users/Vendors have the ability to post what they want regardless of if it violates terms of service. Our site is no exception. If another user or vendor chooses to do so, you release us from any and all liability resulting from such actions.

Also, Your transaction will be viewable for every visitor of the site to see. This means that the deals that you are doing are not private, but rather public. If you wish to keep your transactions private DON’T USE OUR SITE. If you choose to use the site anyway, know that your transactions will be in FULL VIEW to any and every visitor of the site.

34.10 Entire Agreement. The terms of the Privacy Policy, Copyright Policy and Removal Policy posted on this Website are incorporated by reference herein. This Agreement, including the policies which are incorporated by reference herein, embodies the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.

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