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Terms and Conditions

Effective as of January 09, 2016

General Terms and Conditions of Use OthersOpinion.com
Any browsing or use of this website constitutes acceptance of the terms and conditions of these General Terms and Conditions.

You represent and warrant that you are 18 years of age and possess the legal authority, ability and right to enter into this Agreement and to use this website in accordance with all terms and conditions stipulated herein. You agree to be financially responsible for all use of this website (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this website under your name. You acknowledge that your use of the website does not create or result in any joint venture, partnership, or agency relationship between you and OthersOpinion.com, and you agree not to hold yourself out as a representative, agent, or employee of OthersOpinion.com.

You warrant that all information provided by you, by anyone within your organization, or by any member of your household is true and accurate.

OthersOpinion reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time.  By using OR OTHERWISE ACCESSING the Site, CREATING, REGISTERING, OR ACCESSING AN ACCOUNT, posting or downloading Content, WIDGETS, or any other information to or from the Site, you hereby agree to, and shall be subject to, these Terms of Use.  If you do not UNEQUIVOCALLY agree, you may not use OR OTHERWISE ACCESS the Site, post or download Content, or any other information to or from the Site.

  1.  Definitions.
    1. “Terms of Service” refers to all terms covered in this agreement, this Site’s privacy policy, and all other parameters declared within OthersOpinion.
    2. Using OthersOpinion refers to accessing, clicking, browsing, or performing any activities that connect to or make use of OthersOpinion.
    3. “Content” refers to data or media in any form.  This includes, but isn’t limited to text, photos, illustrations, audio, and video.
    4. The words “you” and “your” refer to you, the user who upon reading this agreement accepts the terms.
    5. The words “we” and “us” refer to OthersOpinion.
    6. “User Content” refers to any and all content submitted to OthersOpinion by users, as a collective group.
    7. “Your Content” refers to any and all content that you, personally, submit or make available. This includes, but isn’t limited to reviews, ratings, information, and invitations displayed on your profile.
    8. “OthersOpinion Content” refers to any and all content created or made available by OthersOpinion.
    9. “Third Party Content” refers to any and all content created or made available by data providers who license data usage to OthersOpinion, other parties, or its users.
  2. Permission to Use.  OthersOpinion hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Site solely for your own personal, non-commercial purposes.  All rights not otherwise expressly granted by these Terms of Use are reserved by OthersOpinion.  You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell, or exploit for any purpose any portion of or any information from the Site.  You may not obscure or remove any proprietary rights notices contained in or on the Content.  OthersOpinion may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available, or restrict the amount of use permitted at OthersOpinion’s sole discretion and without prior notice or liability.  You further agree that such measures shall be taken in OthersOpinion’s sole discretion and without liability to you or any third party.  You may at any time be exposed to indecent, inaccurate, objectionable, and/or inappropriate content. We do not guarantee the accuracy of Content, and we do not approve or encourage offensive content.
  3. Restrictions.  By reading this you agree to abstain from participation or encouragement of any and all of the following activities:
    1. Violate the OthersOpinion Terms of Use or any and all laws that apply.
    2. Use OthersOpinion to stalk, defraud, harass, or otherwise harm any other person or their reputation.
    3. Use OthersOpinion for discriminatory or biased purposes.
    4. Create excessive and unwarranted network traffic.
    5. Use any software or device to manipulate the Site to operate in a way that is unlike the way it was intended to operate.
    6. Use OthersOpinion to affect regular search results in any way, for example, keyword spamming.
    7. Use OthersOpinion to solicit minors for information or cause harm to minors.
    8. Use the Site to crack encryption codes or passwords, interfere with security, or for any purposes that cause harm to the Site or Content.
    9. Use OthersOpinion or Content found within as a means of spreading damaging items.  This includes, but is not limited to viruses, worms, or Trojan horses.
    10. Use OthersOpinion to submit or present illegal or pornographic content.
    11. Use OthersOpinion in any way that might create a conflict of interest or the appearance of a conflict of interest.  This includes, but is not limited to soliciting reviews or trading reviews with other businesses.
    12. Use OthersOpinion for commercial or promotional purposes, not explicitly permitted by these Terms of Use.
    13. Unlawfully reverse engineer any part of OthersOpinion.
    14. Remove, disable, damage, or interfere in any way with any of OthersOpinion’s security structures that limit Site use or inhibit unlicensed copying of any content.
    15. Attempt to achieve unauthorized access to any part of the Site, including computer systems, user accounts, or connected networks by means of password mining, hacking, or any other illegal and/or unethical methods.
    16. Mine Site data, process, or record any data about OthersOpinion or its users.
    17. Abuse the Site or Site content (other than Your Content) through modification, translation, sale, reproduction, or distribution of Site Content or the Site itself.
    18. Omit or manipulate any part of OthersOpinion’s intellectual property, including copyrights, trademarks, or other exclusive rights’ notices on anything copied, printed, or distributed from the Site.
    19. Access, index, or scrape the Site or content using any automatic or somewhat automatic method as a means to (a) reformat any part of OthersOpinion, (b) develop or occupy a database of business-focused evaluations, or (c) take any action that will impose or have the potential to impose an excessive burden on our systems.
    20. Use OthersOpinion in any way that infringes upon the rights of users or third parties. This includes any and all rights, both proprietary and intellectual. This includes but it not limited to moral, patent, copyright, privacy, trademark, trade secret, and publicity.
  4. User Accounts.  For access to some of OthersOpinion’s features like comment on post, you may be prompted to create an account or log in using a Facebook/WordPress/Google account or other user-generated account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify OthersOpinion in the event your registration information changes; (b) immediately notify OthersOpinion in the event you learn of or have reason to suspect any unauthorized use of your account or other breach of security; (c) exit from your account at the end of each session; and (d) defend, indemnify, and hold harmless OthersOpinion from any loss or damage arising from unauthorized use of your username or password. You also agree that you will provide truthful and accurate information during the registration process. OthersOpinion may refuse to grant a particular username to you for any reason, including, without limitation, in the event OthersOpinion determines that such username impersonates someone else, is protected by trademark or other proprietary rights law, or is vulgar or otherwise offensive.By registering for an account, you consent to the collection of your data, including, without limitation, your registration information, by OthersOpinion and processing of such data by OthersOpinion in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, your registration information, and you acknowledge that such process may involve: (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.  OthersOpinion does not take responsibility for any activity linked to your personal account.

    a. “Personal Accounts” refer to social media accounts that are used for your own individual, non-commercial purposes. By reading this, you agree to provide truthful and comprehensive information about yourself when producing your personal account. You may not create multiple personal accounts or impersonate another individual in any way.

    b. “Business Accounts” refer to accounts used solely to represent a business. To create a business account, you must be an authorized representative of the business, and you must register using a Facebook account. By reading this, you agree to submit truthful and comprehensive information about yourself and the business when producing your business account. You may not create more than one business account for the same organization or register business e-mail addresses without authorization.

  5. Content and Responsibility.  Your Content is exclusively your responsibility. You assume any and all risks associated with Your Content.  This includes, but is not limited to reliance on accuracy, entirety, or usefulness and disclosures that reveal your identity. Upon posting content on OthersOpinion, you signify personal ownership and/or authorization to use the posted content.  OthersOpinion accepts no liability for Your Content. You may not infer in any way that Your Content is endorsed or supported by OthersOpinion.   You may be found liable if (a) Your Content violates any third-party rights, both proprietary and intellectual. This includes, but is not limited to copyright, privacy right, publicity, trade secret, patent, trademark, or moral right; or (b) Your Content contains information that is fraudulent or intentionally misleading, information that harms minors, information containing pornography or hate speech, unlawful information, or information that violates or encourages others to violate laws or regulations.
  6. Content Permissions.  Your Content may be displayed on OthersOpinion, assimilated into other works, used in promoting, distributed, or used for any other lawful purpose. By posting your content or making it available, you grant irrevocable permission to use your content for any purpose.  You also consent to waive any moral rights, credit claims, and declarations for Your Content.
  7. Content Uses.  OthersOpinion reserves the right to remove or reinstate User Content at any time and for any reason at our discretion. In particular, we may remove content that violates our Terms of Use or that we believe to be inappropriate.  To distribute content easily, some of the Content (also referred to as “feed content”) is made available through Atom feeds and Real Simple Syndication (RSS) feeds. Users may access feeds to display feed content on their websites, computers, handheld devices, or anywhere else provided that (a) you do not redistribute the feed, (b) content such use is personal and not commercial displayed feeds link back to relevant pages on the Site and feature OthersOpinion as the source, (c) you do not suggest that OthersOpinion endorses or supports any third-party products, ideas, websites, or services, (d) displayed feeds link back to relevant pages on the Site and feature OthersOpinion as the source, and (e) OthersOpinion’s systems are not overloaded by your access of the feeds.  OthersOpinion reserves the right to end access to any feed at any time and for any reason.  You do not own the rights or entitlements to compensation for advertisements that run alongside Your Content or anywhere else on the Site. Advertising manner, mode, and extent are subject to modification without warning.
  8. Third Parties.
    1. a. Google, Inc. powers certain Site features. Use of these features is administrated by our Terms of Use and Google.com’s Terms of Service which reside at http://www.google.com/intl/en/policies/terms/  These URLs might have been changed.
    2. b. You may see links to other websites (third party sites).

    This website may contain links to websites maintained by third parties. All links are provided for your reference only. OthersOpinion.com does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different privacy policies. Please check these policies before using these sites. You assume sole responsibility for use of third-party links.

  9. Site Availability.  We reserve the right to update, modify, or discontinue OthersOpinion at any time, for any reason, at our discretion, without notice or liability.
  10. Ownership.  OthersOpinion content elements include interactive features, computer code, products, visual interfaces, software, cumulative user reviews and ratings, and all other elements of OthersOpinion’s user and third-party content. You acknowledge that the Site may contain or provide access to Content or other information, software, photos, video, text, graphics, music, sounds, or other material provided by OthersOpinion or third parties  that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed.  Modifying, distributing, reproducing, exhibiting, or exploiting any of the OthersOpinion Content, is prohibited unless explicitly authorized by the Site. No express or implied rights are provided to users, other than those provided by these Terms of Service. We retain all rights to OthersOpinion and all OthersOpinion Content. All intellectual and proprietary rights that are associated with OthersOpinion in any way, including all copyrights, trademarks, service marks, trade names, are protected by trademark, patent, and trade dress laws, and all applicable intellectual and proprietary rights and laws.
  11. You must be at least 18 years old to use this Site.
  12. Unauthorized Access.  We strictly and explicitly prohibit unauthorized access to OthersOpinion. We reserve the right to use any and all means necessary to inhibit unauthorized access.  This includes, but is not limited to mapping IP addresses, contacting your Internet Service Provider (ISP), and using program obstructions.
  13. Account Termination.  OthersOpinion reserves the right to terminate or suspend your account or Site access without notice or liability. For example, if we have reason to suspect that you are partaking in illegal activity or you have breached any of these Terms of Use, we may terminate or suspend your account. In the event that your account is terminated or suspended, you will be prohibited from accessing your account, Your Content, the Content, and/or any related data.
  14. Investigations.  OthersOpinion is under no requirement to monitor the Site or Content. However, if we believe a violation of the Terms of Use agreement has occurred, we reserve the right to investigate, contact appropriate law enforcement personnel if necessary, and/or block you from the Site. In compliance with the Privacy Policy listed on this page, information, including some or all of Your Content, may be disclosed in accordance with the law.
  15. Feedback.
    1. Suggestions for Site Enhancement: If you think of ways to potentially improve OthersOpinion, please use our “Contact Us” form. By sending us feedback in any form (for example, suggestions, ideas, requests, or proposals), you verify that (a) OthersOpinion is under no express or implied obligation to keep the feedback confidential, (b) similar feedback may already be in development or under deliberation, (c) your feedback does not contain confidential or proprietary information involving third parties, and (d) you grant OthersOpinion a royalty-free, irrevocable, non-exclusive license to use, modify, publish, distribute, and sublicense the feedback and all advancements resulting from it.
    2. Dissatisfaction: To help us persistently improve your user experience, we invite you to share negative feedback with us using our “Contact Us” page. However, keep in mind that termination of your account or discontinuing use of OthersOpinion is the only way to fully remedy your dissatisfaction.
  16. Indemnity.  By reading this you agree that you will indemnify and hold harmless OthersOpinion and all of its parents, subsidiaries, affiliates, licensors, partners, and suppliers, as well as the directors, employees, officers, agents, and representatives of each of these entities. The terms of this indemnification (hold-harmless) agreement include but are not limited to costs, liabilities, and legal fees from any claim made by a third-party arising from (a) a violation of the Terms of Use, (b) your access to or use of OthersOpinion, or (c) any infringement by you or a person using your account of any property, intellectual, or other right of any person or entity. You agree to cooperate with claims as OthersOpinion reserves the right to assume exclusive defense and control of any matter in which you are required to compensate us. We will make reasonable efforts to make you aware of any legal claim, action, or proceeding. You may not settle any matter without written consent from us.

Disclaimer
“AS IS” WITHOUT WARANTY OF ANY KIND. OTHERSOPINION.COM HEREBY DISCLAIMS, TO THE EXTENT ALLOWED BY LAW, ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOS, TITLE AND NON-INFRINGEMENT. OTHERSOPINION.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCT, AND SERVICE OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THIS USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RSC EQUIPMENT RENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATE AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.