These Terms and Conditions constitute a valid, binding contract between you and Consumerland LLC, a Texas limited liability company, and its affiliates, the owner and operator of www.Consumerland.com, with respect to the use of this website. The products and services of Consumerland are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and Consumerland. Please print a copy of this agreement for your records. You may not register on the Site unless you are at least 13 years old. By registering on the Site, you are representing to us that you are at least 13 years old. If you are under 18, you should get your parent's permission before using the Site.
License and Site Access
Consumerland grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Consumerland. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product information, pictures, videos, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Consumerland. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Consumerland without express written consent. You may not use any meta tags or any other hidden text utilizing Consumerland's name or trademarks without the express written consent of Consumerland. Any unauthorized use terminates the permission or license granted by Consumerland. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Consumerland.com so long as the link does not portray Consumerland, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Consumerland logo or other proprietary graphic or trademark as part of the link without express written permission. You may not use any meta tags or any other hidden text utilizing Consumerland's name or trademarks without the express written consent of Consumerland. Any unauthorized use or violation of this Agreement terminates the permission or license granted by Consumerland.Access and Interference
Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Consumerland is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of screen scraping, database scraping, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Consumerland. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's infrastructure.Personal Use of Contents
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from the appropriate content provider.Use of Site
Your use of the Site is at the sole discretion of Consumerland, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site and any orders for merchandise placed through this site does not entitle you to continued use of the Site. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to: (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, violent, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other rights of any party; (d) upload, post, e-mail or otherwise transmit any content that you do not have the right to publicize under law (such as inside trading information); (e) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment; (f) use automated scripts to collect information from or otherwise interact with the Service or the Site; (g) interfere with other users' content; (h) engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site; (i) solicit login information or access an account belonging to someone else; (j) bully, intimidate, or harass any user; (k) offer any contest, giveaway, or sweepstakes (Promotion) on the Site without our prior written consent (If we consent, you take full responsibility for the Promotion, and all applicable laws and agree to indemnify Consumerland for any resulting liabilities); (l) violate any applicable local, state, national or international law and any regulations having the force of law; or (m) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You must be courteous to other users of the Site. Personal attacks are grounds for being banned. If you have a problem with something that another member has posted in the forums please contact us at legal@consumerland.com. Do not post a personal attack or other response. Harassing members of the Site in any way will not be tolerated. If a member has advised you that they do not wish for you to contact them, it is your responsibility to respect this request. If you are found to be harassing any member of the Site, Consumerland reserves the right to ban you from the Site. If you are being harassed, please notify us immediately at legal@consumerland.com. Violating this Agreement may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP addresses of all posts are recorded to aid in enforcing this Agreement.Content Not Endorsement
We do not sponsor, endorse, recommend or approve of any good or dervice included on our Site. The content of posts, forums, shop, and discussion boards are provided here as a courtesy to visitors.Informational Content Only
The Site and the services offered by Consumerland through the Site are provided solely as a forum to connect members of the Site and to enable the exchange of information regarding third party products. Because forums by their nature are open and collaborative, Consumerland cannot make any assurance as to the timeliness or accuracy of information provided by the Site itself or any member. WARNING: It is possible that other users (including unauthorized users, or hackers) may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. Consumerland is not responsible for the use of any information that you may choose to disclose through the Site. Please carefully select the type of information that you post on the Site or release to others. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by Consumerland, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. In the event of any dispute between you and another member(s), you release Consumerland, its agents, directors, officers and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute. You agree to take normal precautions when meeting individuals in person that you have made contact with through the Site.User Submissions
All content on the Site, including user postings, is provided AS IS, and you are solely responsible for your reliance on and use of such content. Consumerland is not responsible for the consequences of any communications made through the Site. You agree not to, without the express approval of Consumerland, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. Your participation in the Site is solely at your own risk. In addition to your obligations under the Indemnification section of this Agreement, you agree to defend, indemnify and hold completely harmless Consumerland and its affiliates from and against any and all claims, damages, costs, and expenses they may incur (including, without limitation, attorney's fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you on the Site. You agree to cooperate as fully as reasonably required in the defense of any such claim. You agree not to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed, or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Consumerland, exposes Consumerland or any of its affiliates to any liability or detriment of any type. By voluntarily submitting information, communications or content (including pictures and anecdotes) to the site, you agree that such submissions are non-confidential for all purposes. You agree that Consumerland has the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. You further agree that such submissions become the property of Consumerland and that all title and interest therein, including all rights of copyright, shall rest with Consumerland at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Consumerland to post or use such materials or, if we do so, to give you credit. By posting on the Site, you automatically grant, and you represent and warrant that you have the right to grant, Consumerland an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) (IP License) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. If any content is removed from the Site, you acknowledge that Consumerland may retain archived copies of the content.Sharing Your Content and Information
1. You understand that all listings, messages, text, files, images, photos, video, audio or other materials (User Content) posted on, transmitted through, or linked from the Site is the sole responsibility of the person or organization from whom such Content originated. You also agree that User Content is shared with other members on Consumerland and removing this content from your profile does not remove it from the community and does not terminate the IP License. 2. Consumerland utilizes certain applications with respect to the User Content. You agree that the application can use, store, share and transfer the User Content and related information. When you publish content or information, it means that you are allowing everyone, including people who are not members of Consumerland, to access and use that information, and to associate it with you (i.e., your name and profile picture). 3. You agree that Consumerland has been granted full use of the User Content you provide. The User Content may be used for criticism, review, and news. In addition the User Content is intended for use and dealings to promote sales of products. 4. You acknowledge that publishing pictures of people can cause suffering or humiliation when depicted in situations that are embarrassing, painful or private. It is in such situations that you need to balance ethical considerations associated with the publishing of pictures or comments with their legal obligations under privacy, copyright and other laws. You are responsible for your comments, remarks, pictures, videos, and depiction of people. Consumerland takes no responsibility for harm caused do to inappropriate pictures, videos, or comments and you agree to indemnify us as further provided in the Indemnification section of this agreement for any claims arising from the User Content you post. Even if your User Content is not reported it may be removed or deleted and your use of Consumerland may be terminated if determined to be inappropriate. Please respect others. Posting Double posting is not necessary. Please read the forum descriptions to determine the proper place to post your topic so that your topic can be answered. If we determine that a posting was not posted in the correct forum we reserve the right to move the posting. Registration and Account Security Consumerland users provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account: 1. You will not provide any false personal information on Consumerland, or create an account for anyone other than yourself without permission. 2. You will not create more than one personal profile. 3. If we disable your account, you will not create another one without our permission. 4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser). 5. You will not use Consumerland if you are a convicted sex offender. 6. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username). 7. You will keep your contact information accurate and up-to-date. 8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. 9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.Signature/Avatar Policy
Please do not utilize profanity or nudity in your signature or Avatar. Please limit the size of your signature (below 500x250 pixels and below 50k). Animated signatures are not allowed. Text signatures are limited to ten (10) lines. If you wish to use an image and text, please limit the amount of text to two or three lines.Private Forums
If you participate in private forums, you may send and you understand and agree that you may receive messages from other members.Special Admonitions For International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and the posting of acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and the subject matter of the content you post.Special Admonition For Services Relating To Financial Matters
If you intend to participate in forums related to finance or investment or otherwise receive or request any information concerning companies, stock quotes, investments or securities, please read Disclaimer of Warranties and Limitations and Exclusions of Liability below. Please be an savvy consumer of this type of information particularly, the phrase Let the investor beware is apt. The Site is provided for informational purposes only, and no content included on the Site is intended for trading or investing purposes. Consumerland and its members shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any trading or investment decisions based on such information.Under 18 Policy
Our Terms and Conditions and Privacy Policy apply to all users, but the following applies to users of our Site who are under the age of 18. If you are under 18 and do not understand parts of this policy or information contained on this Site you must ask your parent/guardian to explain it to you before using the Site. You are not allowed to use the Site to purchase or order any goods, services or make any e-payments through the Site. You are allowed to use the Site, with the prior consent of your parent/guardian, for posting messages.Links to Other Sites
The Site may contain links to third party websites. Such third party websites are not under the control of Consumerland. Please note that Consumerland is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, Consumerland can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that Consumerland has provided this link serve as an endorsement by Consumerland of this or any other site. In creating hypertext links to any other website, Consumerland is not recommending that website or giving any assurances as to its standing. Consumerland is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Consumerland makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS CONSUMERLAND AND ITS EMPLOYEES, OFFICERS, MEMBERS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, COSTS, ATTORNEYS FEES AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF CONSUMERLAND, ARISING FROM OR RELATED TO (I) YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE. (II) CLAIMS BASED UPON THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT, AND (III) ANY ALLEGED CLAIM FOR CONTRIBUTORY INFRINGEMENT BY CONSUMERLAND, ITS AFFILIATES AND EACH OF ITS AND ITS AFFILIATES EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS AND AGENTS.Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. CONSUMERLAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. (b) CONSUMERLAND MAKES NO WARRANTY THAT: (1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONSUMERLAND OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. (e) CONSUMERLAND IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONSUMERLAND SHALL NOT BE LIABLE, DIRECTLY, INDIRECTLY, CONTRIBUTORILY, OR IN ANY MANNER WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONSUMERLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE (d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED; (e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE; OR (f) ANY OTHER MATTER RELATING TO THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, CONSUMERLAND’S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST CONSUMERLAND ARISING OUT OF THE USE OF THE SITE. CONSUMERLAND SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights. (a) Consumerland grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site. (b) The Consumerland™ logos, and other trademarks, service marks, labels, product names and service names (collectively, the Mark) are owned or licensed by Consumerland. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Consumerland. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Consumerland LLC. (c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2007, Consumerland LLC. All rights reserved.Third Party Copyrights
Consumerland respects the intellectual property of authors and creators of written works and visual images and we ask our users to do the same. A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. Consumerland and it's users are each subject to the copyright laws. You represent and warrant that you possess all necessary rights to use the content that you submit to Consumerland and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. If you have any questions, you should consult a lawyer who specializes in copyright law.Online Content
Opinions, advice, statements, offers, or other information or content made available through this Site are those of their respective authors and not of Consumerland, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. Consumerland does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Consumerland be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site. Special Provisions Applicable to Users Outside the United States We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: 1. You consent to having your personal data transferred to and processed in the United States. 2. Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site or its affiliates, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site, engage in other commercial activities on the Site (such as advertising or payments) or operate a platform application or website if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.Removal of Information
By posting information on the Site, you understand and agree that Consumerland is not required to remove the material even at your request. You shall remain solely responsible for the content of your postings on the Site. While we do not and cannot review every message posted by users of the Site, 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.Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the site. Consumerland has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this site. If you believe any material on this site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (Designated Agent). You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at: Consumerland LLC Attn: Legal 17300 Dallas Parkway, Suite 1035 Dallas, TX 75248 Legal@consumerland.com Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim. Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.Communications Decency Act
If you believe that a posting on the Site is inaccurate, you are solely limited to posting a rebuttal. Consumerland does not remove postings at the request of the provider of a good or service. Please note that Consumerland is a provider of an interactive computer service under the Communications Decency Act or CDA, (see 47 U.S.C. § 230). Because this important law is not well known, we want to take a moment to explain the law, and to also explain that the filing of frivolous lawsuits can have serious consequences for those who file them, both parties and their attorneys. In short, the CDA provides that when a user writes and posts material on a website such as the Site, the site itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Because the comments and opinions on the Site are authored by users of the Site, we cannot be legally regarded as the publisher or speaker of the content contained here, and hence we are not liable for content even if they contain false or inaccurate information. To be of use to our users, we need to encourage a large volume of posting. Given the volume, we do not assume any duty to monitor the accuracy of the information our users may choose to post. If a disgruntled plaintiff were permitted to hold a website liable for information that the Site did not create, this would stifle free speech as fewer and fewer sites would be willing to permit users to post anything at all. See generally Batzel v. Smith, 333 F.3d 1018, 1027-28 (9th Cir. 2003) (Making interactive computer services and their users liable for the speech of third parties would severely restrict the information available on the Internet. Section 230 [of the CDA] therefore sought to prevent lawsuits from shutting down websites and other services on the Internet.) If you believe that a post infringes on your intellectual property, please review your rights under the Digital Millennium Copyright Act.Modification
Consumerland may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site, and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, if you continue to use the Site after, the updates, revisions, supplements, modifications or amendments have been posted.Entire Agreement
This Agreement constitutes the entire agreement between you and Consumerland with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. The terms herein as they relate to the ordering of merchandise from the site, if merchandise is available through our Site, are supplemented by our Ordering Policies.Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.Governing Law and Venue
This Agreement, the entire relationship between you and Consumerland, and any litigation or other legal proceeding between you and Consumerland (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. This contract is fully performable in Dallas County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto. NOTE TO CALIFORNIA RESIDENTS: In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Nothing in these Terms and Conditions shall prevent Consumerland from taking any action it deems necessary to comply with applicable law.User Disputes
You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please click here and review our Privacy Policy.Mobile Users
Consumerland currently provides our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. Furthermore Consumerland is not resposible or liable for reimbursment or compensation associates with these charges.Termination
Consumerland may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.Contact Information
If you have a comment, question or request, or if you need to contact Consumerland for any other reason, there are two easy ways to do so. (a) E-mail: You can e-mail at legal@consumerland.com. (b) U.S. Mail: Send mail to Consumerland at: Consumerland LLC Attn: Legal 17300 Dallas Parkway, Suite 1035 Dallas, TX 75248
