This page contains the User Agreement ("Agreement") between you and P & B LLC, DBA POPULUS, (“POPULUS”), the publisher of this Community Insight Web site (the "Site"). You may wish to print this page for reference.
This Agreement sets forth the terms and conditions for your use of this Site. Your use of the Site constitutes your agreement to these terms and conditions.
1. Your Rights.
POPULUS grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials provided hereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way. 2. Copyright and Trademarks.
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, user surveys and ratings, and other Site services and products (collectively, the "Content") are owned or controlled by POPULUS or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof, including without limitation our merchant ratings and ratings posted by other subscribers, for any public and/or commercial use without the prior written permission of POPULUS.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of POPULUS or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of POPULUS or the relevant Affiliate. In addition, you may not use our trademarks:
(i) in, as, or as part of, your own trademarks or those of any third parties; (ii) to identify products or services that are not those of POPULUS; (iii) in a manner likely to cause confusion; or (iv) in a manner that implies that POPULUS sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
Community Insight™, POPULUS®, and other related marks used on this site are registered trademarks of POPULUS in the United States and other countries.
3. Forums and Communications; License.
POPULUS may make available to users of the Site e-mail notices, surveys, newsletters, chat rooms, message boards, bulletin board services, merchant ratings and ratings tools, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). POPULUS and its Affiliates do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to the Site, you grant POPULUS an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to POPULUS. You hereby waive all rights generally known as "moral rights" in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.
4. Public Communications.
You acknowledge and agree that any Communications made to or by means of any Forum are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and POPULUS by reason of your transmitting a public Communication to any Forum on the Site.
5. Communicating on or to the Site.
POPULUS cannot review all Communications made on or through the Site. However, POPULUS reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof) which POPULUS in its sole discretion deems inappropriate, offensive or contrary to any POPULUS policy, or that violate this Agreement.
To help POPULUS maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations;
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) impersonates another person or entity, or that collects or uses any information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site.
6. Unsolicited E-Mail.
You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by POPULUS in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
7. Your password.
As part of the registration process for Subscription-Based Services and certain other features, like Forums, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Subscription-Based Services and other products and features, and agree that POPULUS will have no obligations with regard thereto.
8. Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Ratings, is at your sole risk. POPULUS reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that POPULUS is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither POPULUS nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
9. No-Commercial Use Policy.
You agree to use the Site, Forums and products and services you purchase through out Site, including the Subscription-Based Services, only in a noncommercial manner and in compliance with POPULUS's No-Commercial Use Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation to any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us: Write to POPULUS, 7655 W. Riverside Dr., Boise ID, 83714.
POPULUS NO-COMMERCIAL USE POLICY
Published information from POPULUS, including our Ratings and Reports, is intended solely for the benefit of our subscribers and other individuals, in order to help them make informed choices and decisions about personal products, services, and other individual matters. Such information may not be used by others in advertising or to promote a company's products or services. In addition, this policy precludes any commercial use of any of POPULUS's published information in any form, or of the names of POPULUS®, Community Insight™, or any other of POPULUS's publications or services, without our express written permission.
10. Links to Other Sites.
11. Age Restrictions.
You represent and warrant to POPULUS that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
12. Financial Responsibility.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Subscription-Based Services. You agree to be financially responsible for all usage or activity on your Subscription-Based Services account.
You hereby agree to indemnify, defend and hold harmless POPULUS and its Affiliates from and against any and all liability and costs incurred by POPULUS or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. POPULUS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of POPULUS.
14. DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE." POPULUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SUBSCRIPTION-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, POPULUS AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY.
USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
UNDER NO CIRCUMSTANCES SHALL POPULUS OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR POPULUS OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE SUBSCRIPTION-BASED SERVICES, EVEN IF POPULUS, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF POPULUS AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION-BASED SERVICES. YOU HEREBY RELEASE POPULUS AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth herein, POPULUS may cancel or terminate this Agreement at any time. POPULUS also reserves the right to restrict, suspend or terminate your access to the Site and/or the Subscription-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If POPULUS terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, POPULUS reserves the right to refuse to provide access to the Site or a subscription or any Subscription-Based Services to you in the future.
(a) To the Agreement.
POPULUS has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of POPULUS in providing the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Subscription-Based Services or print subscription products purchased through our Site, is to cancel your subscription.
(b) To the Site.
POPULUS has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site and the Subscription-Based Services. POPULUS may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
This Agreement constitutes the entire agreement between you and POPULUS with respect to the Site and to your purchase of POPULUS’s products and services offered through this Site, if applicable, including the Subscription-Based Services, and supersedes all prior agreements between you and POPULUS. Failure by POPULUS to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Idaho. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.