ScamAdvocates.com Terms of Service
WARNING: THESE TERMS AND CONDITIONS (“Agreement”) ARE BINDING ON YOU AS A CONDITION OF USING THIS WEBSITE. YOU MUST READ THEM CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. IF YOU DO NOT CONSENT TO THIS AGREEMENT, YOU MUST STOP USING THIS WEBSITE IMMEDIATELY AND NOT RETURN UNTIL YOU CONSENT TO THIS AGREEMENT.
This Agreement governs your use of our website, “www.scamadvocates.com” (“ScamAdvocates” or “Site”). This Agreement supersedes any previous agreement you may have had with us regarding the use of the Site. By accessing or using this Site, you represent that you have the full authority to act and bind yourself, and/or any third party, company, or legal entity that you may be acting on behalf of or which may be vicariously liable for your actions, to this Agreement.
For the purposes of this Agreement, we may sometimes use words like “we,” “us,” “our,” “Site,” or “website,” all of which refer to ScamAdvocates. In addition, we may sometimes use words like “you,” “your,” or, “that person over there,” which means any user or visitor, whether they are an individual, entity, or robot.
For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
1) The Site includes areas where users may post content or information about an individual or company (“User Content”). We are not responsible for the posting of any of this content or information, no matter what angle your lawyer may come up with, and this lack of responsibility is affirmed by both Section 230 of the Communications Decency Act and the First Amendment to the United States Constitution;
2) This Site and any disputes arising from it are governed solely by the laws of the State of Maryland, without regard to conflicts of laws principles, and lawsuits regarding this Site and any disputes arising from it must be filed only in the State of Maryland;
3) We are not required to or under any obligation to review, screen, edit, monitor, or remove any User Content posted on our site and we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected;
4) We take no responsibility and assume no liability for any User Content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such User Content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
5) Enforcement of the terms of this Agreement is done at our sole discretion;
6) The failure on our part to exercise our discretion to enforce any part of this Agreement does not constitute a waiver of our right to enforce the Agreement in other instances, whether it be the same part that we did not enforce, or any other part;
7) You agree that any User Content that is provided by you, or others, is done so in a manner that grants ScamAdvocates and its affiliates a non-exclusive, perpetual, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, display, create derivatives from, distribute, perform, and display such User Content throughout the world in any media now known or developed in the future;
8) Nothing in this Agreement, or any other agreements found on the Site, creates a private cause of action for you or any third party, or requires us to enforce this Agreement on your behalf against any other party.
9) Your ability to use or interact with this site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion;
10) You agree that by posting any User Content or information, you have authority to do so, and are not bound by any employment agreement, confidentiality agreement, nondisclosure agreement, or other contractual obligation that would prohibit you from submitting the User Content or information. It is your responsibility to ensure that you do not violate any agreement by posting User Content or providing certain information, and we are not in any way liable for User Content or information submitted in violation of such a contractual obligation.
1. SUBMISSION GUIDELINES
In order to submit Used Content you must first have read and agreed to this Agreement, and provide accurate and truthful information that complies with this Agreement when making any submission. In order to submit User Content, you must be at least eighteen years old, provide accurate information, and not be a competitor of our Site or business, or have had your account or access terminated by us in the past.
2. RULES OF CONDUCT
When using, accessing, or submitting any User Content to any portion of our Site, you must not:
· Use an offensive user name. We reserve the sole right to determine what constitutes “offensive”;
· Post any false, misleading, unlawful, defamatory, untruthful, inaccurate, obscene, invasive, threatening, harassing, inflammatory fraudulent, content or information or post any information or content about a company or individual with whom you have not had any direct or personal experience with;
· Impersonate any person, entity, or company;
· Use our platform to send “spam” or other unsolicited commercial or non-commercial material that a reasonable person would find useless or annoying, or, without our express permission, solicit business from others;
· Hack, crack, phish, SQL inject, install any code that is malicious or manipulates the site in any way, or otherwise compromise the security, safety, or privacy of our Site or our network, servers, or users;
· Infringe on others’ legal rights by, including, but not limited to, defaming them, harassing them, invading their privacy, or infringing on their intellectual property rights;
· Run any script or other program which is designed to search, index, or aggregate the User Content or other information on our Site, unless we have given you our express written consent to do so, which we may revoke at any time;
· Defraud, steal, or otherwise utilize the Site to unlawfully deprive property from any person or entity, or threaten any person or entity;
· Initiate, or threaten to initiate, any legal action against our Site for the removal of a review or post that you do not like or feel is erroneous or defamatory;
· Cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine.
The violation of this Agreement by you or others may result in your privileges being suspended and you being banned from the Site. However, the termination of your privileges does not require us to remove any User Content that you may have submitted to us.
The Site is built using User Content, meaning any content or information that is transmitted to us by users of the Site in connection with the Site. You agree to provide truthful and accurate User Content and further agree to be fully responsible for any dispute that may arise in connection with your User Content. You agree that any information or User Content that you submit is done in a manner that automatically grants an unlimited, perpetual, nonexclusive, irrevocable right for us to use, transmit, display, create derivatives of, or modify said User Content, including the right of us to sell or grant the same right to one or more third parties without prejudice to the rights which you have granted us.
You will be responsible for, and will indemnify ScamAdvocates, its employees, agents, vendors, affiliates, members, directors, officers, or advertisers for any disputes or liability that may arise as a result of your use of the Site, including but not limited to the User Content that you submit. You agree that we are not responsible for any loss or damage that may occur as the result of your actions. In addition, you agree that by accessing, using, posting, or attempting to post on the Site, that the views or opinions you express are your own.
4. COPPA COMPLIANCE
The Children’s Online Privacy Protection Act (“COPPA”) prohibits the collection of personal information from users under the age of thirteen years old. We do not allow users under the age of eighteen to use our website, so this should not be an issue. However, if you become aware of any user who is under the age of thirteen years old (or eighteen years old, for that matter), or any content posted about any person under thirteen years old on our website, please notify us immediately with specific details by e-mailing email@example.com.
5. THIRD PARTY SITES; LINKS
You may find on the Site content from third parties, which includes news articles, images, video, or other media. In addition, you may also find links to third party sites or applications. We do not review everything on the Site, including this third party content. If you click on any hyperlinks, or otherwise access third party content through our Site, you do so at your own risk.
We may offer you the ability to share certain parts of the Site with others via third party social networking websites. We allow you to share portions of the Site to express your opinion, so long as you do so in a way that is not offensive, or implies that you have any authority to bind, infringes on any of our rights, or disparages our name.
You agree to indemnify us for any liability that results from your use or misuse or our name.
You also agree not to use our name in any way that infringes on our trademark or trade dress, or otherwise creates a likelihood of confusion as to the sponsorship or source of the content that you post.
6.1 COPYRIGHTED CONTENT AND INFRINGEMENT
By posting User Content on the Site, you agree that you have the authority to do so and that you are not infringing on anyone else’s rights as a result of doing so. You agree that any content you provide to us is done so with the understanding and agreement that you are granting us an irrevocable, worldwide, sublicensable, perpetual license to use that content in any medium.
We do not allow copyright infringement to occur on our site. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact us at firstname.lastname@example.org
The DMCA notice should identify the name of the copyright owner and, if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on our Site, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must sign the notice, and if you send it by e-mail, an electronic signature is acceptable.
Please note, 17 U.S.C. 512(f) imposes liability on those who may want to try and file a false or fraudulent DMCA notice in an attempt to remove Use Content or other content from the Site. We will not tolerate fraudulent DMCA notices, and will seek every remedy available to us to protect ourselves from these including seeking damages and attorneys’ fees arising from anyone who submits such a notice, and their accomplices.
6.2 TRADEMARK AND TRADE DRESS
ScamAdvocates, Scam Advocates, and ScamAdvocates.com, are trademarks of ScamAdvocates and may not be used without our express written permission. You may not use metatags or hidden text (such as text which has the same color as its background) on any website which uses our trademarks without our express written permission.
In addition, the look and feel of the Site may not be reproduced, in whole or in part, without our express written permission. Doing so may constitute trade dress infringement and be actionable by us.
A violation of these provisions may result in a lawsuit by us against you for trademark and trade dress infringement under the Lanham Act (15 U.S.C. § 1125).
You may expose yourself to liability by using this Site if you act in a manner which violates someone else’s rights, including the right to not be defamed. However, you agree to indemnify, defend, and hold harmless ScamAdvocates, its members, officers, employees, agents, vendors, contractors, advertising partners, or affiliates, including costs, liabilities and legal fees, from any claim or demand which may arise from or is related to your use of any of the Site or its related sites or services. You further agree to indemnify us for your failure to comply with this Agreement, including any negligent or intentional wrongdoing by anyone who uses your account.
8. LIMITATIONS ON LIABILITY; WARRANTY
NEITHER SCAMADVOCATES, NOR ANY OF ITS SUBSIDIARIES, AGENTS, EMPLOYEES, VENDORS, OR OWNERS MAKE ANY REPRESENTATIONS, WARRANTIES (IMPLIED OR EXPRESS) WITH RESPECT TO THE SITE(S) OR RELATED SERVICES. EVERYTHING ON THE SITE IS PROVIDED ON AN “AS IS” BASIS. SCAMADVOCATES WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES THAT RELATED TO OR ARISE FROM THIS AGREEMENT, OR YOUR USE/MISUSE OF THE SITE(S) OR SERVICES. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES THAT YOU OR A THIRD PARTY MAY INCUR, EXCEPT WHERE THIS DISCLAIMER IS PROHIBITED BY LAW, IN WHICH CASE THIS DISCLAIMER IS LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY DAMAGES EXCEED ANY BENEFITS YOU HAVE RECEIVED FROM SCAMADVOCATES DURING THE MONTH THAT THE CAUSE OF ACTION AROSE. NO DAMAGES MAY BE CLAIMED FROM US UNDER ANY CIRCUMSTANCES UNLESS THIS PROVISION IS PROHIBITED BY LAW.
CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.
AGAIN, SCAMADVOCATES.COM AND AN ASSOCIATED WEBSITES OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES FOR ANY OF THE UNDERLYING SERVICES, PRODUCTS, INFORMATION, OR CONTENT THAT APPEARS ON OR IN RELATION TO THE SITE. THIS INCLUDES, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SITE OR ANYTHING PROMOTED, OFFERED BY, OR LINKED TO FROM, THE SITE IS FREE OF BUGS, ERRORS, PROBLEMS, OR LIMITATIONS. SCAMADVOCATES, INCLUDING ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, AND ADVERTISERS HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, INABILITY TO ACCESS, OR FAILURE TO USE THE SITE, SERVICES, CONTENT, OR INFORMATION AT ANY TIME FOR ANY REASON.
YOU AGREE THAT THE SITE AND RELATED SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT YOUR AGREEMENT TO THESE LIMITATIONS AS THEY FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, NAMELY SCAMADVOCATES AND YOU, THE USER.
9 DISPUTE RESOLUTION
Choice of Law
You agree that the provisions of this Agreement, and any breaches of it, are deemed to occur in the State of Maryland. The laws which apply to this Agreement are those applicable in the State of Maryland. This “Choice of Law” provision ensures that we have uniform dealings with all of our users, regardless of their individual locations.
Attorneys’ Fees and Costs
The prevailing party in any dispute, whether resolved via litigation, arbitration, or negotiations, shall be entitled to its reasonable attorneys’ fees and costs.
Failure to Comply
We support your right to take legal action against us in a manner consistent with applicable laws and this Agreement. However, if you bring a lawsuit or arbitration action in any manner other than that described as acceptable by this Agreement, you agree to pay for our reasonable attorneys’ fees related to having the lawsuit or arbitration action dismissed, plus up to $2000 for our court fees and disbursements. Before we seek to have the action dismissed, we may notify you of the impropriety of your legal action, and if you voluntarily withdraw it, it will save us, and therefore you, legal fees.
More specifically, and without limiting the generality of the foregoing, these “Failure to Comply” provisions apply to lawsuits initiated against us when arbitration is legally available to resolve a dispute, or, if no such arbitration is legally available, lawsuits initiated against us in a court outside of the State of Maryland.
No delay in enforcing our rights, or decision not to enforce our rights in a particular case, shall be indicative of our waiver of our right to enforce that right or any other right in the future.
10. FORCE MAJEURE
Certain external events beyond our control may arise which affect our ability to perform our contractual obligations through no fault of our own. These events include acts of God, natural disasters, wars, insurrections, riots, acts of terror, pestilence, plague, drought, zombie attacks, communications failure, infrastructure interruption, labor shortage or strike (lawful or unlawful), or any other event which interferes with our ability to perform our obligations. In such cases, you agree that we are not bound by this Agreement to the extent that it would be impossible or create a hardship for us to continue with this agreement.
11. AMENDMENT AND ASSIGNMENT
We may amend this Agreement from time to time. You must review this Agreement each time you visit the Site as a condition of your continued us of the Site. You agree, through your continued use of the Site, to all of the amendments made to this Agreement. You will not transfer, assign, or delegate your obligations or benefits under this Agreement to any third party without our express written approval. ScamAdvocates may assign its rights and obligations under this Agreement to any third party, for example, in the case of a buyout, merger, or other transaction where we might decide that it is beneficial to us to assign our rights or obligations.
12. CONSTRUCTION OF AGREEMENT
If any provisions of this Agreement are determined to be invalid or otherwise unenforceable by a court of competent jurisdiction, the invalidity of the provision(s) will not affect the validity of any other provision(s) in the Agreement and the remainder of the Agreement shall remain in full force as though the Agreement had been assented to without the invalid or otherwise unenforceable provision.
Paragraph headings are meant for ease of reference only and have no binding effect or value in relation to the interpretation of the provisions within a paragraph. A provision is not invalid by reason of the fact that it is not fully described in a paragraph heading.