(As of September 8, 2011)
Thank you for visiting InsiderPages.com (the “Site”). The terms and conditions listed below (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Site and any related applications whether existing now or in the future (collectively, the “Properties”).
Insider Pages is a place where people go to read and post reviews of local businesses and services. Insider Pages maintains a large listing of business profiles and allows its users to write reviews associated with these businesses. Users connect to friends, family, colleagues, and other users on the Properties in order to share their experiences with their local businesses and services. Insider Pages also offers businesses the free opportunity to customize their business listings on Insider Pages and to post a response to any review on their business listing subject to the terms herein.
You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.
You agree that you will only use the Properties for your own personal use. The Properties are intended for users eighteen (18) years and older. By using the Properties, You represent to us that you are at least eighteen (18) years of age. Use of the Properties is void where prohibited.
Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Properties may be subject to prosecution.
If you are a business owner, creating an account will allow you to claim your business listing on the Properties, update your listing information such as by adding messages, coupon, photos, and other information, and respond to reviews posted by other users of the Properties about your business.
For more information about what you may do with your account and how you can update your account, please visit our FAQ.
You are entirely responsible for maintaining the confidentiality and security of your account. You are responsible for all changes and updates submitted through your account and all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account by sending an email to firstname.lastname@example.org. We reserve the right to suspend access to or close your account at any time for any or no reason.
You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain authorized access to a user’s account or a business’ listing on the Properties. You acknowledge that any false claiming of a business may cause InsiderPages or third parties to incur substantial economic damages and losses for which you may be held accountable.
You own all content you submit to the Properties, including but not limited to profile information, reviews, images, and any other materials (“Your Content”). By submitting Your Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Properties and third party websites, mobile applications and other platforms who obtained Your Content from us (“Third Party Properties”) the same right you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users.
You are responsible for Your Content. 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 may be held liable for Your Content.
In submitting Your Content to us, you represent that:
With regard to Your Content which are images, you agree that at least one of the following is met:
Lastly, you agree that any of Your Content submitted to us will not:
each as determined in our sole discretion.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.
We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with your business, and all other elements and components of the Properties excluding Your Content and third party content (“Our Content”). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
Some of the content available through the Properties may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors, including Health Grades, Inc., who obtain their data from public and commercial sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party material before or after including them on our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content or for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
In addition, InsiderPages and the Properties are not medical referral sites and do not recommend or endorse any particular provider or medical treatment. No information on the Properties should be construed as medical and/or health advice. InsiderPages and the Properties are not a “covered entity” for purposes of determining applicability of the Health Insurance Portability and Accountability Act of 1996 and the rules promulgated thereunder (HIPAA) to the Properties and the treatment of Your Content.
Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
each as determined in our sole discretion.
We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PROPERTIES OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.
Data, messaging, or other ISP and carrier fees may apply in your use of the Properties through a mobile device.
InsiderPages may modify these Terms from time to 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 on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms as modified, you must stop using the Properties and, if applicable, cancel your account. You understand and agree that your continued use of the Properties after any posted modification to the Terms indicates your acceptance of the modification.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.
These Terms are governed exclusively by the laws of the State of California and the United States. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in Los Angeles County in the State of California. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.