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PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. USE OF THIS SITE SIGNIFIES THAT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These Terms of Use ("Terms") are between you (“you”) and Valley Ratings, Inc. ("Valley Ratings"). You agree that your access of and use of ValleyRatings.com ("Site") is subject to all of the terms, conditions and disclaimers stated herein, in addition to any and all applicable laws, and that any such access or use is undertaken at the user’s own risk. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. We reserve the right to modify these Terms from time to time without notice, effective upon posting of these Terms on our Site. How you are allowed to use our materials We provide a diverse collection of information, graphics, reviews and ratings (collectively known as "review", "reviews"), text, images, advertisements, content, and other effects and materials on the Valley Ratings website (collectively called 'Materials') for YOUR PERSONAL, NON-COMMERCIAL USE ONLY. You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Valley Ratings web site. You may not use the Valley Ratings web site to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as provided within this section, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Valley Ratings, its subsidiaries, parent companies, and/or any third party owner of such rights. You may not take the listings from this Site and reformat and display them, or mirror pages of our Site. If you want to make commercial use of our Site, you must enter into an agreement with Valley Ratings to do so in advance. Please contact us for more information. You also agree not to deep-link to the Site for any purpose without the express written permission of Valley Ratings. Although we cannot monitor conduct off this Site, it is a violation of these Terms to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent. How we are allowed to use information you send us Do NOT send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in the Privacy Policy posted on our Site, any material, including, but not limited to reviews, ratings, requests for reviews removal, feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. How you are allowed to use our marks The company names Valley Ratings, Inc. and ValleyRatings.com, logos and all related products and service names, design marks and slogans are trademarks and service marks owned by Valley Ratings. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this Site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any Valley Ratings name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Valley Ratings. Use of Site In order to use certain aspects of this Site including, but not limited to, the rating of businesses, you may be asked to register for an account or provide personal information. Any personal information we collect during the account registration or rating a business process is governed by the Privacy Policy listed on our Site. You agree that the information you provide us is true, current, complete, and accurate information. Should the information change at a later date, will be promptly updated by you so that the information we have is true, current, complete and accurate information. Your Account You agree to keep the username and password of the account you create with us confidential and to logout of your account after you have completed your account activity for the session. You agree to notify us immediately of any unauthorized use of your account or breach of your account security. Valley Ratings cannot and will not be responsible for any loss or damage arising out of your failure to comply with this section. Responsibility for Site Activity You agree that you, not Valley Ratings, are fully responsible for all activities that occur under your username and password including, but not limited to, any information that you or someone using your account uploads, posts, emails, transmits or otherwise makes available via our Site. You further expressly agree that you are fully responsible for the content of any reviews, ratings or other information posted on the site by you, someone who uses your personal information who purports to be you or by someone using your account. You expressly agree that you will not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, of a sexual nature, threatening, racist and/or violates any law. You agree not to post any copyrighted material unless the copyright is owned by you. Account Information You agree that we may access, preserve and disclose your account information as well as any information you post to or via our Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Valley Ratings, its users and the public. Account Termination or Suspension Valley Ratings reserves the right to suspend or terminate your account at any time for any reason. Reviews Posted on Valley Ratings We reserve the right, but not the obligation, to remove any review if it contains or features unacceptable content. Unacceptable content includes, but is not limited to: - Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and/or racist/discriminatory speech.
- References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)
- Reviews submitted by the reviewed business's employees (past or present) or competitors, as determined by Valley Ratings.
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
- Excessive damage caused by a business or service to person or property.
- Personal information or messages including email addresses, URLs, phone numbers and postal addresses.
- Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
- Language that violates the standards of good taste or the standards of this website, as determined by Valley Ratings in its sole discretion.
- Content determined by Valley Ratings to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
- Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
If you wish to report what you consider to be unacceptable content, please contact us via the Report Problem link on the listings page. Reviews are owned by Valley Ratings Reviews you submit to us shall be owned exclusively by Valley Ratings. This exclusive ownership means that Valley Ratings, its parent, subsidiaries, assignees, and/or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted reviews. We are under no obligation to give credit or pay any consideration to you for your review(s). No Endorsement by Valley Ratings We do NOT investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any business, product, service or other promotions or Materials, including reviews, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from Valley Ratings. You agree that you must evaluate, and bear all risks associated with the use of the information provided on this Site, including any reliance on the accuracy, completeness, or usefulness of such information. In this regard, you acknowledge that you may not rely on any information created by Valley Ratings or submitted to Valley Ratings, including but not limited to reviews and ratings. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Valley Ratings. Right to Take Action We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Use of this Site Use of this Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms listed here. You may not use this site if you are under the age of 13. You may not rate a business unless you are age 18 or older. Unauthorized Use of this Site Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress. Content Disclaimer We communicate information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. We have no control over the accuracy of such information on our pages, and material on this Site may include technical inaccuracies or typographical errors. We make no guarantees, nor can we be responsible for any such information, including its currency, accuracy, legitimacy, content, quality, copyright compliance or legality, or any resulting loss or damage. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site. Where appropriate, we will endeavor to update information listed on the Web site on a timely basis, but shall not be liable for any inaccuracies. Links to external Internet sites are provided within the content on the Site as a convenience to our users. The listing of an external site does not imply endorsement of the site by Valley Ratings. We do not make any representations regarding the availability and performance of this Site or any of the Web sites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by Valley Ratings. We are not responsible for the content, functionality, or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners. Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web sites. We do not fully screen or investigate business listing Web sites before or after including them in directory listings that become part of the Materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories. Warranty Disclaimer Your use of this Site is solely at your own risk. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on this Site. WE DO NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Valley Ratings DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE. We are not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to us by using the contact form on this Site. We may investigate the claim and take appropriate action, at our sole discretion. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation on Liability IN NO EVENT WILL VALLEY RATINGS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF VALLEY RATINGS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS CONTAINED ON THIS SITE OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. VALLEY RATINGS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE IN NO EVENT SHALL VALLEY RATINGS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF YELLOWPAGES.COM ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Applicable Laws and Jurisdiction If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Riverside. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of these Terms. Indemnity You agree to indemnify and hold Valley Ratings, its parent, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of reviews or ratings you submit, post, transmit or otherwise make available through our Site, your use of the Site, your violation of these Terms, or your violation of any rights of another. Assignment of Rights We may assign any of our rights and responsibilities under these Terms at any time without notice to you. Severability If any part of these Terms is considered to be unenforceable for any reason, the unenforceable section shall be construed in the way that most closely matches the original intent of the section, and all other terms of this Agreement will remain in full force and effect. Scope of Terms These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.
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