Terms and Conditions of Use

1. Acceptance of Terms of Service. The CONSUPO website (“Site”) is provided free of charge to you by CONSUPO LLC ("CONSUPO") under the terms and conditions set forth herein ("Terms of Service" or "TOS"). These TOS govern your use of the Site and all services provided in connection with the Site. We provide the CONSUPO site, and our services, to you subject to the provisions of this TOS. By using the Site or viewing its content you accept and agree to be bound by this TOS and each of its provisions. This is a legally binding agreement between you and us, so please read it carefully.
   
   You assume all risks associated with the use of our data and information and the Site. You agree and understand that we would not grant you access to the Site “but for” the allocation of risks contained in these terms and conditions of use, including without limitation the disclaimer of warranties, limitations on liability and your obligation to indemnify CONSUPO as described herein. You also understand and agree that we could not provide this Site to you unless you agreed to the express allocation of risks and other terms and conditions contained herein. If you do not agree to the then-current TOS, please do not access or otherwise use the Site. These TOS may be updated by CONSUPO at any time in its sole discretion; please check http://www.consupo.com/tos for the most current version of these TOS. Your continued use of the Site will signify your acceptance of any change in the terms and conditions set forth herein. CONSUPO may modify or discontinue the Site with or without notice to you and without liability to you or any third party.
2. Access to the Services. Subject to these TOS, CONSUPO may offer to provide certain services, as described more fully on the Site, and which are selected by you through the process provided on the Site ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services CONSUPO performs for you, as well as the offering of any content on the Site. CONSUPO may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. CONSUPO may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
   
   CONSUPO.COM is not targeted towards, or intended for use by anyone under the age of 14 years old. You certify to CONSUPO that you are an individual at least 14 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. These TOS are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of this Site or any Services, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
3. Content on the Site. We strive to create a product research resource and web community of respect and integrity. While you alone are responsible for the content of your messages, reviews and postings, and the consequences of any such messages, reviews and postings, you agree to abide by the guidelines below. We do not and cannot review all content posted by viewers on the Site and we are not responsible for such content. However, CONSUPO reserves the right to "remove your posting" or "terminate your use" if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
   
   CONSUPO requires that any information posted by you is truthful, factual, and represents an actual incident or occurrence. Individuals and companies are protected by law from false claims against them. Your messages, reviews and postings could be construed as a claim about an individual or company and may be subject to defamation and libel laws. Please verify that all information submitted is accurate and factual.
   
   As a user of the Site, you agree and acknowledge that CONSUPO does not pre-screen or edit user-authored content but that CONSUPO and its designees shall have the right, (but not the obligation) in their sole discretion, to edit or move any content that is available via the Site. Without limiting the foregoing, CONSUPO and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy and completeness of such content. You acknowledge that CONSUPO may preserve your content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the TOS, or (c) respond to any claims that the content violates the rights of third parties.
   
   You agree that you shall not submit any content to the Site, whether in the form of reviews, ratings, comments or otherwise:
   • that is known by you to be false, inaccurate or misleading;
   • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
   • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
   • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
   • for which you were compensated or granted any consideration by any third party;
   • that includes any information that references addresses, email addresses, contact information or phone numbers or information about other people that could result in an invasion of their privacy or their harassment;
   • or that contains any computer viruses, worms or other potentially damaging computer programs or files.
   CONSUPO.com may provide information regarding products and third party merchants, and links to third party merchants that are selling listed products. CONSUPO.com is paid by merchants or other third parties to list products on the Site. The products listed on the Site are sold by third party merchants, and are not sold by CONSUPO. Participating merchants and other third parties may also pay CONSUPO to be presented on the Site or to have their product or service offerings placed higher in our search results, and may also purchase research from CONSUPO, but in no event do such payments affect the reviews or ratings given to any merchant by participating members. CONSUPO does not sell, resell or license any products listed on the Site, nor is CONSUPO acting as an agent of sale. CONSUPO disclaims any responsibility for, or liability related to, such products. Any question, complaints or claims should be directed to the appropriate merchant or seller. CONSUPO does not represent or warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. The content on the Site is provided for informational purposes only and does not constitute an endorsement by CONSUPO of any product, merchant, seller or service. Reviews and ratings on the Site are from our members who have elected to post a review on the Site. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. CONSUPO assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on the Site. CONSUPO is not responsible, in any way, for providing, or helping to provide, businesses' responses to the consumer reviews, comments or ratings that are posted on the Site, and /or forwarding them to businesses.
   
   Any use by you of any other user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. The Site is to be used by you for your personal use only. Commercial uses of the Site are strictly prohibited unless prior written consent from CONSUPO has been granted. You agree that you will not use the Site for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
   
   You further agree not to use the Site to send or post on message boards or any place on the Site , any message, material or user name that is unlawful, harassing, libelous, defamatory, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, or inaccurate material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. CONSUPO reserves the right to delete any such material from the Site. CONSUPO will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 3.
   
   You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of CONSUPO. You agree to use only a valid, working e-mail address when registering for the CONSUPO Web Site and using the Site to send or post messages. You agree not to post or use the Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. 4. Ownership of Content. The Site is protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit any of the content located on the Site ("Content"), materials, or Services in whole or in part.
   
   You may download or copy the Content, and other items displayed on the Site, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from CONSUPO, or from the copyright holder identified in such Content's copyright notice.
   
   By submitting Content, which shall include your member name, to any "public area" of the Site , including message boards, forums, contests and chat rooms or by submitting Content for transmission to a third party, you grant CONSUPO, its affiliates, and the parties to whom such Content is addressed, a royalty-free, perpetual, irrevocable, assignable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, reformat, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and any copyright rights, trademark rights, and other intellectual property rights contained therein (collectively, the "Rights") (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such Content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above.
   
   You also permit any user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Site retains any and all Rights that may exist in such content.
4. Privacy. Use of the Site is also governed by our Privacy Policy, which is incorporated into this Terms of Service by this reference.
5. Idea Submissions. We welcome any and all ideas/suggestions regarding the look, feel and operation of CONSUPO. Such ideas/suggestions become the property of CONSUPO without recompense or recourse to the submitter. All submitters transfer their rights to CONSUPO via a click through contract in accordance with the Electronic Signatures Act (2000). We reserve the right to accept, deny or modify any and all ideas submitted to CONSUPO. By using or subscribing to CONSUPO, you fully release and discharge the company from any and all liability due to disputes that may arise out of the use of any material found on this web site.
6. Registration and Password. You are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify CONSUPO of any unauthorized use of your registration or password.
7. Disclaimer of Warranties. CONSUPO makes no representations or warranties about the use, applicability, or performance of the Services or Content made available on the Site. CONSUPO has no special relationship with or fiduciary duty to you. You acknowledge that CONSUPO has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release CONSUPO from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. CONSUPO makes no representations concerning any content contained in or accessed through the Site, and CONSUPO will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. YOU ACKNOWLEDGE THAT THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED INDEMNITIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BY ACCESSING OR USING THIS SITE, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL CONSUPO, ITS AFFILIATES, CORPORATIONS, OR THE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR (1) ANY INFORMATION CONTAINED IN OR OMITTED FROM THIS SITE, (2) ANY RELIANCE ON SUCH INFORMATION WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE (3) ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION IN THIS SITE, OR (4) FOR ANY CONSEQUENTIAL, INCIDENTIAL, SPECIAL, PUNITIVE, LOST PROFITS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   CONSUPO MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CONSUPO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR THE SERVICES PROVIDED BY CONSUPO.
   
   CONSUPO makes no representations or warranties regarding compliance with government regulations requiring disclosure of information on the products or services sold or advertised on this Site. Any claims arising in connection with your use of this Site must be brought within one (1) year of the date of the event giving rise to such action. When using this Site, information will be transmitted over a medium which is beyond the control and jurisdiction of CONSUPO and its suppliers. Accordingly, CONSUPO assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site.
   
   ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): CONSUPO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE, OR ANY WEBSITE LINKED TO THE SITE. CONSUPO will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on CONSUPO’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
   
   CONSUPO IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE CONSUPO’S SITE. As a convenience to our members, we may provide links to resources which are beyond our control and the inclusion of any link does not imply endorsement of CONSUPO of the site. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against CONSUPO with respect to such sites.
8. Limitation of Liability. CONSUPO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE MALFUNCTION OF THE SITE, OR SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CONSUPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS TERMS OF SERVICE TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND CONSUPO’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. Your CONSUPO Account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur in your account. CONSUPO assumes no responsibility for the deletion of or failure to store Content to companies or others.
10. Promotional Messages. If you are a registered user and you have elected to receive promotional material, CONSUPO and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. CONSUPO makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither CONSUPO nor such third party shall have any liability with respect thereto.
    
    As consideration for using the Site, you agree that we may display ads and other information adjacent to and potentially related to the Content. Relevant ad servers uses a completely automated process that enables us to effectively target dynamically changing content, such as email, searches, reviews and ratings. No human will read the content of your email or searches in order to target such advertisements or other information without your consent, and no email content or other personally identifiable information will be provided to advertisers as part of the service.
11. Indemnification. You agree to indemnify, defend and hold each of CONSUPO, its subsidiaries, affiliates, officers, directors, members, managers, employees, representatives, agents, licensors and suppliers harmless from any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable attorneys’ fees, expert witness and accounting fees and costs, made by any third party due to or arising out of your use of the Site or Services, the violation of these Terms of Service by you, or any activity related to your use of this Site (including without limitation infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing this SITE using your account.
12. Disputes and Applicable Law. This Terms of Service and any claims arising out of or relating to this Terms of Service or the Site shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in King County, Washington. By registering for, using or entering this Site, you consent to personal jurisdiction over you by the courts within King County, Washington. You agree to waive all objection and challenge to such venue and personal jurisdiction.
    
    Either CONSUPO or you may demand that any dispute between CONSUPO and you about or involving the Site or this Terms of Service must be settled by arbitration utilizing the dispute resolution procedures of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in Seattle, WA, USA, provided that the foregoing shall not prevent CONSUPO from seeking injunctive relief in a court of competent jurisdiction. All proceedings and documents prepared in connection with any arbitration shall be confidential and, unless otherwise required by law, shall not be disclosed to any person or entity other than the parties, their counsel, witnesses, experts and the arbitrator. The results of the arbitration, unless otherwise agreed to by the parties, are confidential and may not be disclosed to any person or entity, except as otherwise required by law. You also agree that in the event of any action or legal proceeding to enforce or interpret this Terms of Service, the prevailing party shall be entitled to collect its reasonable attorney fees and costs.
13. Remedies for Breach of these Terms by You. In the event that CONSUPO determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of the Site , CONSUPO reserves the right to (i) warn you via e-mail that you have violated these Terms of Service, (ii) delete any content provided by you or your agent(s) to the Site , (iii) delete all content provided by you to the Site , (iv) discontinue your registration with Site, and/or any other CONSUPO community, (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action, and/or (vi) take any other action which CONSUPO deems to be appropriate.
14. Termination. CONSUPO reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service or (ii) your registration with or ability to access the Site and/or any other service provided to you by CONSUPO including any e-mail account upon any breach by you of the Terms of Service.
15. Miscellaneous. In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be in all cases construed as a whole according to its fair meaning, not strictly construed for nor against either party, nor construed with any presumption or rule requiring that it might be construed against the party causing this Agreement, or any part of it to be drafted

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

CONSUPO may assign or transfer its rights and obligations under these Terms of Service to any party at any time without notice to you and/or your approval.

These Terms of Service and any additional terms (as such terms shall be identified when posted on Site by CONSUPO) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. CONSUPO reserves the right to charge fees, surcharges and/or membership fees at any time.

BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of the Site, and all services provided in connection with Site, including but not limited to any e-mail accounts provided to you by CONSUPO. CONSUPO shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for, use, or enter the Site.

Questions or comments regarding this Site should be directed by e-mail to CONSUPO at feedback [AT] consupo.com or via U.S. mail sent to:
Consupo
218 Main Street Box 782
Kirkland, WA 98033-6108.