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1. Acceptance of Terms. CompanyRank.com, Inc. ('CompanyRank') provides you access to its Internet web site and related Services subject to these Terms of Service and Conditions, which may be modified from time to time by CompanyRank at our sole discretion. Your use of the Services, now or in the future, indicates acceptance of these Terms of Service, and you agree to abide by them. CompanyRank may offer other services from time to time that may be governed by additional or different terms.
2. Description of Services. CompanyRank provides you (the user) access to an Internet web site consisting of a variety of services relating to different types of businesses, including but not limited to evaluation surveys, survey results, comments and other information relating to businesses. The services thus provided to you, as the same may be modified, revised, updated, enhanced, or supplemented by CompanyRank from time to time are referred to in these Terms of Service as the Services. CompanyRank reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
3. User Responsibilities. The CompanyRank Services simply provide a forum for evaluating and commenting about various businesses. We display both positive and negative information. This implies a high degree of responsibility, both for those who complete surveys and post information to the web site and for those receiving the information. When evaluating information you receive from the web site, please recognize that the information is comprised solely of the opinions of those who chose to submit it. ALL INFORMATION DISPLAYED TRANSMITTED OR DISPLAYED WITHIN THE COMPANYRANK WEB SITE IS THE SOLE RESPONSIBILITY OF THE PERSON(S) FROM WHOM THE INFORMATION ORIGINATED. COMPANYRANK DOES NOT CONTROL INFORMATION THAT IS SUBMITTED BY USERS OR OTHER THIRD PARTIES AND IT DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF SUCH INFORMATION. BUSINESS EVALUATION INFORMATION EXPRESSES THE OPINIONS OF USERS ONLY AND NOT THE OPINIONS OF COMPANYRANK.
4. Prohibited Uses of the Services. You agree to not use the Services to do any of the following:
5. CompanyRank Control over Content. CompanyRank shall have no obligation to screen or otherwise control any information that is displayed within the CompanyRank web site, but CompanyRank has the right, in its sole discretion, to excise information that is posted or transmitted through the Services. Without limiting the generality of the preceding sentence, CompanyRank shall have the right to remove any business evaluation or any part thereof that appears to be grossly inconsistent with other comments received through the Services or that violate the spirit or letter of these Terms of Service.
7. No Endorsement. References to any products or services of third parties (including but not limited to businesses who participate in or subscribe to CompanyRank Services), and hypertext links to third parties' Internet web sites, shall not imply any endorsement, sponsorship, or recommendation by CompanyRank.
8. Indemnification. You agree to indemnify and hold CompanyRank, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any violation by you of these Terms of Service or your violation of any rights of another.
9. No Resale of Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
10. General Practices. You acknowledge and agree that CompanyRank may establish general practices and limits concerning use of the Services and may log off accounts or deny access to the Services at its sole discretion.
11. Termination. CompanyRank shall have the right to terminate your use of the Services at any time at its sole discretion, with or without cause and with or without prior notice, whereupon CompanyRank shall have the right (but not the obligation) immediately to remove and discard any data and other information or materials relating in any way to you or your use of the Services. CompanyRank shall not be liable to you or any third party for any termination of your access to the Services.
12. CompanyRank's Proprietary Rights. You acknowledge and agree that the Services and any and all computer software used in connection with the Services are protected by copyright and other applicable intellectual property and other laws. You are authorized to use the Services only as contemplated by these Terms of Service. You agree that you will not copy, modify, create a derivative work of, or reverse engineer any part of the Services or any information or materials you obtain through the Services, except as necessary to use the Services or printing copies of business evaluation information for your personal use.
13. Trademarks. The name 'CompanyRank,' CompanyRank logos, and other CompanyRank trademarks and services marks all belong to CompanyRank. Without CompanyRank's prior permission, you agree not to display or use in any manner, any of the CompanyRank trademarks or service marks.
14. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANYRANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
15. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANYRANK SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES OR THE INFORMATION OBTAINED THEREBY.
16. General Matters. These Terms of Service, together with any supplements, policies, guidelines, or rules promulgated by CompanyRank or provided to you by CompanyRank, constitute the entire agreement between you and CompanyRank and govern your use of the Services. These Terms of Service and the relationship between you and CompanyRank shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and CompanyRank agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Utah, in the state of Utah.
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