User Agreement

This User Agreement (or "Agreement") is a legal agreement between you and iTotallyRecommend.com governing your use of the iTotallyRecommend.com web site. "By using, accessing or registering as a member of iTotallyRecommend.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions of this Agreement, you may not use iTotallyRecommend.com nor participate in its activities.

This Agreement, iTotallyRecommend.com's member guidelines and privacy policy, (which are incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and iTotallyRecommend.com.

iTotallyRecommend.com can amend this Agreement by posting the amended terms on iTotallyRecommend.com's web site. By continuing to access or use the iTotallyRecommend.com web site after any such amendment, you agree to be bound by the terms of the amended Agreement.

Membership

You may become a "Member" of the iTotallyRecommend.com online community, which may grant you additional privileges. Becoming a Member allows you to post content on the iTotallyRecommend.com web site. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or describing new services available on the iTotallyRecommend.com web site.

You are responsible for safeguarding the password that you use to access any secure areas of iTotallyRecommend.com and should not disclose your password to any third party. You are solely responsibile for any activities or actions under your password, whether or not you have authorized such activities or actions. You should immediately notify iTotallyRecommend.com of any unauthorized use of your password.

Site Content

iTotallyRecommend.com provides a number of different services to assist you in finding community recommendations and acting upon those recommendations should you choose to do so. iTotallyRecommend.com displays community member endorsements for products, services, activities, locations and the like. Community members that post recommendations must have first hand experience with, and cannot be a producer, marketer, distributor, reseller, or the like of, the subject matter they are recommending.

Although iTotallyRecommend.com may generate revenue by linking to third party merchants that sell products and services related to member recommendations, iTotallyRecommend.com does not sell, resell, license or act as an agent of sale for, any products or services listed on the iTotallyRecommend.com web site. iTotallyRecommend.com disclaims any responsibility for, or liability related to, such products or services. Any questions, complaints or claims should be directed to the appropriate third party merchant or seller.

iTotallyRecommend.com does not warrant that descriptions, pricing, editorial commentary or any other content contained within member recommendations is accurate, complete, reliable, current or error-free. iTotallyRecommend.com content is provided for informational purposes only and does not constitute an endorsement by iTotallyRecommend.com, of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. iTotallyRecommend.com assumes no liability for any inaccuracy or incompleteness of its search results, editorial content, member ratings, endorsements or other web site content.

Community recommendations published on iTotallyRecommend.com are from members who have elected to share their opinions with iTotallyRecommend.com site visitors. As such, these personal endorsements do not guarantee any level of performance by a merchant or other third party in any given transaction.

iTotallyRecommend.com web site content is provided for the sole and private use of our site visitors and online community members while visiting iTotallyRecommend.com. Any reproduction or other use of this material, including "framing" all or part of iTotallyRecommend.com's web site is strictly prohibited.

You may not harvest content or otherwise collect information from iTotallyRecommend.com by automated means or by any other manner for commercial purposes.

Submission of Content

By submitting content to iTotallyRecommend.com, you warrant that you are the original author and owner of the content's intellectual property rights and agree to waive all moral rights and compensation for any worldwide sale, reproduction or distribution of the content in any form. By submitting said content, you also grant iTotallyRecommend.com permission to refuse, edit or delete any portion of the content due to its language, images or other at the sole discretion of iTotallyRecommend.com's editorial staff.

iTotallyRecommend.com's editorial staff reviews all content submissions before publishing recommendations to our web site. Do not submit content to iTotallyRecommend.com that is:

  • intentionally false, inaccurate or misleading;
  • an infringement upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • in violation of any local, state or federal laws, statutes, ordinances or regulations;
  • defamatory, libelous, hateful, racially or religiously biased, offensive, unlawfully threatening or harassing to any individual, partnership or corporation;
  • purchased or contracted by a third party;
  • not suitable for all audiences.

In addition, you agree to comply with iTotallyRecommend.com's Community Guidelines, which are deemed to be incorporated into this Agreement.

You may opt to remove your recommendations from the iTotallyRecommend.com web site at any time. iTotallyRecommend.com is not responsible however, for the removal of your submitted content published in any format and distributed to any third parties not under the direct control of iTotallyRecommend.com.

Trademark & Copyright Restrictions

All iTotallyRecommend.com web site content, including but not limited to, site layout and design, text, graphics, and user interfaces, is copyrighted by iTotallyRecommend.com and its constituents, with all rights reserved.

iTotallyRecommend.com ® service marks/trademarks may not be used in connection with any product or service that is not provided by iTotallyRecommend.com, or is likely to confuse the public, or disparages or discredits iTotallyRecommend.com in any manner.

You may not modify or create variant versions of iTotallyRecommend.com's web site, logos or other trademarks.

If you believe that content on iTotallyRecommend.com's web site infringes upon your copyright, please send us a notice of copyright infringement that meets the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512).

Indemnity

By electing to use iTotallyRecommend.com's web site, you agree to indemnify iTotallyRecommend.com, its officers, agents, partners, and employees from any and all claims or damages, including reasonable attorney's fees, made by third parties due to, or arising out of:

  • the content you submit, or transmit to iTotallyRecommend.com;
  • your use of or connection to the iTotallyRecommend.com web site;
  • your violation of the User Agreement;
  • your violation of any rights of another.

Release

In the event that you have a dispute with one or more members of the iTotallyRecommend.com community, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge iTotallyRecommend.com, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section under any statutes and/or principles of common law applicable in all 50 US states.

Limitation of Liability

iTotallyRecommend.com AND ITS CONSTITUENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH iTotallyRecommend.com AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. WE AND OUR CONSTITUENTS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100 UNDER APPLICABLE LAW.

Disclaimer of Warranties

THE iTotallyRecommend.com WEB SITE AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. iTotallyRecommend.com EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The iTotallyRecommend.com site may contain links to third party web sites or resources.

You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such web sites or resources; or (ii) the content, products, or services on or available from such web sites or resources. Links to such web sites or resources do not imply any endorsement of such web sites or resources or the content, products, or services available from such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such web sites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the iTotallyRecommend.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser.

You agree not to hold iTotallyRecommend.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the iTotallyRecommend.com web site. In addition, iTotallyRecommend.com does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the iTotallyRecommend.com site constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.

Assignment

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by iTotallyRecommend.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.

General

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship between you and iTotallyRecommend.com. Our decision not to act in a particular circumstance does not waive our right to act with respect to that or any other circumstance. iTotallyRecommend.com shall be excused for problems that arise due to factors beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by iTotallyRecommend.com.

You may not attempt to speak on behalf of iTotallyRecommend.com, or describe yourself as an iTotallyRecommend.com employee without the express written consent of iTotallyRecommend.com.

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