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PLEASE READ THE FOLLOWING USER AGREEMENT (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS WEB SITE OR USING OUR OTHER SERVICES. By using our web site or other services, you agree to the terms o this User Agreement. If you do not agree to the terms of this User Agreement, you may not use our Web site or any other services provided by TrustFX. We reserve the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web site.
1) TrustFX Scores "Customer Satisfaction Ratings":
TrustFX Scores reflect the aggregated responses of actual customers of each business (member) that we list on our Web site. As such these ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a business or other third party in any transaction.
Participating businesses and other third parties may pay TrustFX.com to use our services and to be listed in our directory. Placement of participating businesses in our listing is based on their cumulative level of customer satisfaction as determined by averaging the responses of actual customers. In the case where businesses have identical ratings, we order them based on how long each business has subscribed to our service with business having longer tenure being placed higher in the results.
2) Consumer Feedback:
Consumers with TrustFX keys can retrieve surveys online at TrustFX and provide feedback on the company that gave them the key. Surveys typically consist of several questions from which a customer selects the most appropriate response. Optional text comments can also be entered.
On a regular scheduled interval TrustFX will update TrustFX scores for individual businesses. The process is proprietary and employs multiple measures to prevent abuse. The results from authenticated responses will be averaged and presented over three time periods, including the last three (3) months, the last six (6) months and the last 12 twelve months.
Users agree not to take any actions for the purpose of manipulating or distorting surveys scores or any actions that undermined the integrity of our customer feedback system. By completing a survey customer agrees that they have a valid TrustFX key and that they have purchased a product or service from the issuer of the key. TrustFX has the right to remove or alter the content of any feedback that violates our policies, and all decisions by TrustFX.com in this regard are final.
3) Legal Disclaimer
TrustFX.com shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on TrustFX.com or for any loss, damage, expenses or injury resulting from any transactions or decisions conducted with any business or other third party listed on TrustFX.com. The information, services, products, and materials contained in this Web site or available through our other services, including, without limitation, all text, graphics, and links, are provided on an as is basis. To the maximum extent permitted by law, TRUSTFX.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operation problems, and implied warranties arising from course of dealing or course of performance. Some states may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.
In addition, TrustFX.com doesn't verify information provided by businesses that subscribe to our services.
4) Liability Limitations
5)Third-Party Sites
Our Web site, business profiles, surveys, or other services may include links to other sites on the Internet that are owned and operated by businesses and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or the Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of the third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefore.
6)Content
A. Responsibility for Your Content
You alone are responsible for your content, and once published, it cannot always be withdrawn. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, 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 Trustfx.com.
You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; 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 unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use your content in a number of different ways, including publicly displaying it, 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 world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use your content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access your content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Trust FX and its users any claims and assertions of moral rights or attribution with respect to your content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your content.
C. Ownership
As between you and Trust FX, you own your content. We own the Trust FX 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 Service excluding your content, 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 Trust FX content and the Service, 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 Trust FX 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 Service and the Trust FX Content are retained by us.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2007 TrustFX.com, with all rights reserved, or is the property of TrustFX.com and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Web site for the sole purpose of using this site as a shopping guide for businesses. All other use of materials on this Web site, including reproduction purposes other than those noted, modifications, distributions, or republication of any kind, without prior written permission by TrustFX.com is strictly prohibited. Users agree that they will not use any robot. Spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of and authorized officer of TrustFX.com.
This User Agreement was last modified on March 3,2010.
© 2009 TrustFX.com
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