TotalHousehold Terms of Service
February 25, 2011
The terms and conditions below (the "Terms of Service") govern your access to and use of TotalHousehold.com's websites, mobile applications, products, and services (collectively, the "Site"), excluding any services provided to you by TotalHousehold.com under a separate written agreement. The Terms of Service constitute a legal agreement between you and TotalHousehold.com. You agree to the Terms of Service by accessing or using the Site. Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Service.
TOTALHOUSEHOLD.COM AND ITS SERVICES ARE PROVIDED "AS IS." We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. This agreement does not create any agency, partnership, JV, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with TotalHousehold.com. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.
A "user" is someone who accesses, browses, crawls, scrapes,
or in any way uses the Site. The terms "you" and "your"
refer to you, as a user of the Site. The terms "we", "us",
"our", and "TotalHousehold.com" refer to
"Content" means text, images, photos, audio, video, and all other forms of data and/or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as ratings, reviews, and information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site. "TotalHousehold.com Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than TotalHousehold.com or its users, such as data providers who license data to TotalHousehold.com for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and TotalHousehold.com Content.
Use of and membership of TotalHouseHold.com is void where prohibited. By using TotalHouseHold.com, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) your use of TotalHouseHold.com does not violate any applicable law or regulation; (e) have not previously been suspended by TotalHousehold.com or removed from the Site; (f) are not a direct competitor of TotalHousehold.com; (g) do not have more than one TotalHousehold.com account at any given time; and (h) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party. Your profile may be deleted and your membership may be terminated without warning, if we believe that these tenants have been violated.
You are solely responsible for your interactions with other TotalHouseHold.com members. TotalHouseHold.com reserves the right, but has no obligation, to monitor disputes between you and other members.
Translations and Changes to the Terms of Service.
We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with TotalHousehold.com, and any inconsistencies among the different versions will be resolved in favor of the English version.
We reserve the right to change this Policy at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
You need to create an account and provide information about yourself in order to use some of the features on the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
- A "Personal Account" is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.
- A "Business Account" is an account to be used solely for the purpose of representing your business on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including a photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own or create multiple Business Accounts for the same business location.
We collect personal information in a number of ways when you visit our web site. For example, we collect personal information when you: (1) register and set up an account; (2) post a review; (3) contact us by e-mail for any reason or (4) make a transaction through our site. When you visit our web site, some information is also automatically collected, such as your computer's Internet Protocol (IP) address, your computer's operating system, the browser type, the address of a referring web site, and the time and date of your visit and purchases. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only. In general, we use personal information to process your requests and provide you with service.
Use of the Site
We grant you permission to use the Site subject to the restrictions in these Terms of Service. In accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. TotalHousehold.com does not endorse such Content, and cannot vouch for its accuracy. You therefore access and use the Site at your own risk.
Restrictions on Use
The following is a partial list of the kind of content that is illegal or prohibited to post on or through the TotalHouseHold.com site. TotalHouseHold.com reserves the right to investigate and take appropriate legal action against anyone who, in TotalHouseHold.com's sole discretion, violates, assists others to violate or enables other to violate this provision, including without limitation, removing the offending communication from the TotalHouseHold.com site and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of TotalHouseHold.com:
- Threatens, stalks, defrauds, incites, harasses, or advocates the harassment of another person, or otherwise interferes with another user's use of the Site;
- Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Exploits people in a sexual or violent manner;
- Provide / post any telephone numbers, street addresses, last names, URLs or email addresses of other individuals;
- Include a photograph of another person that you have posted without that person's consent;
- Uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to their profile;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Use of the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- Use of the Site for promotional or commercial purposes, except as expressly allowed in writing by TotalHousehold.com;
- Use of the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
- Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Uses the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
- Uses the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Uses the Site to promote, submit, or transmit pornography or illegal content;
- Submits, transmits, or promotes any form of media that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Use of the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
- Use of the Site in violation of the Terms of Service or any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by TotalHousehold.com;
- Reverse engineer any portion of the Site;
- Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site
- Record, process, or mine information about other users;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
- Access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Site;
- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on TotalHousehold.com's technology infrastructure;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Permission to Use Your Content
We may use Your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the Site's users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
Responsibility for Your Content
Please choose carefully the information you post on TotalHouseHold.com and that you provide to other users. You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by TotalHousehold.com.
You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Use of Content
TotalHousehold.com and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. TotalHouseHold.com may remove, delete, or reinstate any user content that in the sole judgment of TotalHouseHold.com violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. TotalHouseHold.com assumes no responsibility for monitoring the TotalHouseHold.com site for inappropriate content or conduct. If at any time TotalHouseHold.com chooses, in its sole discretion, to monitor the TotalHouseHold.com site, TotalHouseHold.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. If you become aware of misuse of the TotalHouseHold.com site by any person, please contact TotalHouseHold.com at firstname.lastname@example.org.
You are solely responsible for the content that you post on or through the TotalHouseHold.com site, any material or information that you transmit to other members, and for your interactions with other users. TotalHouseHold.com does not endorse and has no control over the content. Content is not necessarily reviewed by TotalHouseHold.com prior to posting and does not necessarily reflect the opinions or policies of TotalHouseHold.com. TotalHouseHold.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
You retain all ownership rights to content you publish on TotalHouseHold.com (your "Content"). However, you grant TotalHouseHold.com a nonexclusive, royalty-free, perpetual, irrevocable, and assignable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant TotalHouseHold.com and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose. We can publish all or teaser portions of your Content online and offline and may permit others to do the same. We ask that you refer or provide links to TotalHouseHold.com if you choose to republish your Content elsewhere and that you do not publish the same items of Content on both TotalHouseHold.com and other product or service review or recommendation sites.
If you believe content on TotalHouseHold.com infringes your copyright or other intellectual property rights, or is defamatory, you can contact us at email@example.com. Please make sure your notice meets the Digital Millennium Copyright Act requirements.
Content and Ratings
You can publish reviews, comments, and other content. Members can choose to rate products, services or other reviews, and to connect to other members. As an unregistered visitor, we may allow you to rate products and/or services.
Your reviews and deals are displayed publicly. Your member name is automatically displayed with reviews, deals and comments you publish, and if other members choose to, they can receive email notifications of your publications or publish their own comments to your reviews. You may elect to post an anonymous review, but we do not guarantee that your identity will remain that way.
If you send emails through our site, your email will include your email address and any personal message you include. However, these emails aren't private communications. We do not retain, in any easily-retrievable way, the addresses you are emailing. You may not use these tools to send spam or content that violates the user agreement.
We have put into place reasonable security measures in an effort to protect personal information while it is under our control. All personal information relating to our users is stored in a secure environment separate from our web site. Your account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our web site by any person using your password. Please advise us immediately if you believe your password has been misused.
If you terminate your account or delete/change your data or content, we usually update our live databases immediately. However, some data may update more slowly, and some old data may remain in our archives and records. Also, we may be unable to propagate changes to partners who receive your data or content. If your account is being terminated or suspended, we may maintain some data to prevent re-registration.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
We own the TotalHousehold.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the TotalHousehold.com Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the TotalHousehold.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the TotalHousehold.com Content are retained by us.
Warranties, Disclaimers, and Limitations of Liability
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. TOTALHOUSEHOLD.COM MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. TOTALHOUSEHOLD.COM FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM TOTALHOUSEHOLD.COM OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
TOTALHOUSEHOLD.COM DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF TOTALHOUSEHOLD.COM OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
TOTALHOUSEHOLD.COM FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
TOTALHOUSEHOLD.COM ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH TOTALHOUSEHOLD.COM RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
TOTALHOUSEHOLD.COM'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO TOTALHOUSEHOLD.COM IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.
You agree to indemnify and hold TotalHousehold.com, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. TotalHousehold.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TotalHousehold.com. TotalHousehold.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the services made available through the Site are provided in connection with third parties and subject to additional terms posted here, which terms are incorporated herein by reference. We do not sell, rent or share personal information with third parties without your prior consent except in the limited circumstances described in this Policy. We may share personal information with third-party vendors who assist us in performing functions necessary to operate our business. These functions may include, without limitation, Website hosting, credit card transaction processing and data entry. We limit the information shared with our third-party vendors to that which we believe is necessary to carry out those functions. Moreover, we require them to comply with our privacy practices, and not to use the information for other purposes except as required by law. We are not responsible for any failure on their part to comply with our privacy practices, nor are we responsible for any additional information you provide directly to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them.
In addition, we may disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of TotalHousehold.com, our users, our employees or the public. Information about our users, including personal information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition. Please keep in mind that if you directly disclose personal information when posting reviews or other content to the Site, this information may be collected and used by others. You agree that we shall bear no responsibility for any such disclosures. We recommend you be cautious in giving out personal information to others in public online forums.
- No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
- We may provide you with notices, including those regarding changes to the Terms of Service by email.
- The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
- Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
- The Terms of Service are not assignable, transferable or sublicensable by you except with TotalHousehold.com's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
- The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.