Terms of Service
Effective date of this Agreement is July 21st, 2008By accessing and/or using any features of the site owned and operated by PlanetRate Inc., LLC ("PlanetRate") located at http://www.planetrate.com, and any and all linked pages owned and operated by PlanetRate, related on-line services provided by PlanetRate, and/or any content and materials provided by PlanetRate, its business partners or Users (collectively, the "PlanetRate Site"), you agree to be bound by these terms of service (collectively, "Terms of Service"). All visitors to and users of any aspects of the PlanetRate Site (collectively, "Users") are bound by our Terms of Service.
PlanetRate on-line services available via the PlanetRate Site may, among other benefits, allow you to read ratings from other members to the PlanetRate Site, post your own ratings and share them with other users, and view third party ratings and reviews regarding similar products and services. If you wish to post ratings or other content to the PlanetRate Site, you must register with PlanetRate using the registration form available at http://www.planetrate.com/Register/.
These Terms of Service set out the legally binding terms with respect to your use of the PlanetRate Site. Please read these Terms of Service carefully. Your access to and/or use of the PlanetRate Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the PlanetRate Site.
1. Definitions
A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site, including but not
limited to you and others who may read or write reviews about local businesses listed on the Site. The
"Services" means the services and functionality made available to Users on the Site. "Content" means
information, compilations, communications, images, photographs, graphics, audio, and videos. "Your Content"
means Content that you submit, post, or transmit to, or using, the Site, including but not limited to the
ratings, reviews, compliments, information that you display as part of your account profile, invitations,
or other commentary that you may submit, post, or transmit to, or using, the Site. Your Content does not
include personally identifiable information that you submit when creating an account on the Site. "User
Content" means the Content that any User of the Site may submit, post, or transmit to, or using, the Site,
including but not limited to Your Content. "PlanetRate Content" means Content that is created by PlanetRate
Inc. ("PlanetRate") and made available on the Site. "Third Party Content" means Content that is made
available on the Site by parties other than PlanetRate or the Users, including but not limited to data
providers who license data to PlanetRate for use on the Site. "Site Content" means all of the Content
that is made available on the Site, including Your Content, User Content, Third Party Content, and PlanetRate
Content.
2. Changes to the PlanetRate Site
You agree and understand that the PlanetRate Site, including any and all features available via the
PlanetRate Site and any User Content (as defined below), may be modified by PlanetRate, in PlanetRate'
sole discretion, at any time without prior notice. Unless expressly stated otherwise by PlanetRate, any new
features, new services, enhancements or modifications to the PlanetRate Site implemented after your initial
access to the PlanetRate Site shall be subject to these Terms of Service. Notwithstanding the foregoing,
PlanetRate does not actively monitor, and undertakes no obligation to monitor or modify, any reviews,
information, content, data, text, User profile information, photographs, graphics, video, messages or other
materials made available via the PlanetRate Site by any User (all such items provided by Users, collectively,
"User Content"). Nonetheless, PlanetRate reserves the right to investigate and take appropriate action,
including legal action, in its sole discretion, against anyone who violates these Terms of Service,
including without limitation, removing any User Content posted in violation of these Terms of Service,
terminating the registration of such violators or blocking such violators' use of the PlanetRate Site.
3. Registration
In order to access some features of the PlanetRate Site, you may be required to register with PlanetRate
and to select a display name, password, which shall consist of an email address you provide to PlanetRate (
"User ID"). If you register, you agree to provide PlanetRate with accurate and complete registration
information, and to inform PlanetRate immediately of any updates or other changes to such information.
For example, you may not: (i) enter, select or use a false name or an email address owned or controlled
by another person with the intent to impersonate that person, or (ii) use as a display name subject to any
rights of a person other than yourself without appropriate authorization. Failure to comply with the terms
of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate
termination of your account. In addition, PlanetRate reserves the right to refuse registration of, or
cancel a User ID in its discretion.
4. Termination
PlanetRate reserves the right (but is under no obligation) to terminate or suspend your account or your
ability to use the Site, in whole or in part, at PlanetRate's sole discretion, for any or no reason,
and without notice or liability of any kind. Termination of your account may include: (i) removal of
access to all offerings within the Services; (ii) deletion of your password and all related information,
files and materials associated with or inside your account (or any part thereof), including Your Content;
and (iii) barring of further use of the Services. You agree that PlanetRate shall not be liable to you or
any third party for any termination of your account, or access to the Site, Services and Materials,
including Your Content.
You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site from Edit Profile page.
You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site from Edit Profile page.
5. Security
You shall be responsible for maintaining the confidentiality of your password and are fully responsible
for all activities that occur under your User ID and password, whether or not you authorize such activities.
Any User ID and password for your access to the PlanetRate Site shall be for your personal, non-commercial
use only. You agree to (a) immediately notify PlanetRate of any unauthorized use of your User ID or password
of which you become aware, and (b) ensure that you exit from your account at the end of each session.
6. Links
Our website may contain links to third party websites to which we have no affiliation. Except as set forth
herein, we do not share information about you and your use of this website with those third parties, and
are not responsible for their privacy practices. We suggest you read the privacy policies on all such
third party websites.
7. Use of the Site/Services
Your PlanetRate account is password-protected. We use industry standard measures to protect your information
that is stored within our database. We limit the access to your information to those employees who need access
to perform their job function, such as our customer service personnel. If you have any questions about the
security at our website, please contact us. Although we take appropriate measures to safeguard against
unauthorized disclosures of information, we cannot assure you that personally identifiable information
that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.
You hereby acknowledge that PlanetRate is not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
You hereby acknowledge that PlanetRate is not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
8. Emails and Opt-out
You may use the PlanetRate Site solely for your personal, non-commercial use. For example, you may use
the PlanetRate Site to solicit reviews from, and share reviews with, other Users, and to search the
PlanetRate Site for reviews and business or product information. You may also invite people you know to
join PlanetRate. You acknowledge and agree that PlanetRate does not control the User Content posted to
the PlanetRate Site, including the content of any messages or reviews and does not guarantee the accuracy,
integrity or quality of such User Content. You further understand and agree that (i) PlanetRate does not
necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or
statements or other User Content posted on or otherwise displayed on or transmitted via the PlanetRate Site,
or (ii) make any promises, guarantees or warranties with respect to any of the User Content or products,
services, information, content or materials featured or mentioned on the PlanetRate Site. All User Content,
including advice and opinions posted by members, comprises the views and responsibility of those who post
such User Content, and does not necessarily represent the views of PlanetRate. You understand that, by
using the PlanetRate Site, you may be exposed to User Content that is offensive, indecent or objectionable.
IN NO EVENT WILL PlanetRate BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
IN NO EVENT WILL PlanetRate BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
9. Changes to this Privacy Policy
Without limiting the generality of other provisions of these Terms of Service, you agree you shall not
(and you agree not to allow any other individual or entity to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell rent, license or in any way commercially exploit any portion of the PlanetRate Site, except and to the extent expressly permitted under these Terms of Service;
- remove any copyright, trademark or other proprietary rights notice contained in or on the PlanetRate Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the PlanetRate Site;
- collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users
- reformat or frame any portion of any web pages that are part of the PlanetRate Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as "spam", or otherwise interfere with other Users' enjoyment of the PlanetRate Site;
- submit to the PlanetRate Site any content that falsely states or implies that such content is sponsored or endorsed by PlanetRate;
- use the Site in violation of the Terms of Service or any applicable local, state, national or international law;
- transmit or upload to the PlanetRate Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the PlanetRate Site, any other web site, or any computer or other device or system, or the enjoyment of the PlanetRate Site by any User;
- use the PlanetRate Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes;
- access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- submit to the PlanetRate Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the PlanetRate Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on the PlanetRate Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the PlanetRate Site or PlanetRate's IT infrastructure;
- use the PlanetRate Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell rent, license or in any way commercially exploit any portion of the PlanetRate Site, except and to the extent expressly permitted under these Terms of Service;
- remove any copyright, trademark or other proprietary rights notice contained in or on the PlanetRate Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the PlanetRate Site;
- collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users
- reformat or frame any portion of any web pages that are part of the PlanetRate Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as "spam", or otherwise interfere with other Users' enjoyment of the PlanetRate Site;
- submit to the PlanetRate Site any content that falsely states or implies that such content is sponsored or endorsed by PlanetRate;
- use the Site in violation of the Terms of Service or any applicable local, state, national or international law;
- transmit or upload to the PlanetRate Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the PlanetRate Site, any other web site, or any computer or other device or system, or the enjoyment of the PlanetRate Site by any User;
- use the PlanetRate Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes;
- access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- submit to the PlanetRate Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the PlanetRate Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on the PlanetRate Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the PlanetRate Site or PlanetRate's IT infrastructure;
- use the PlanetRate Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
10. User Content Posted By You on the PlanetRate Site
Without limiting the generality of any other provisions of these Terms of Service, you agree:
- You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
- You are solely responsible for any User Content you post, publish or display on the PlanetRate Site or transmit to Users, including your ratings and reviews posted on the PlanetRate Site. PlanetRate reserves the right, but undertakes no obligation, to monitor disputes between you and any entity or individual you have reviewed.
- You will post only User Content you believe in good faith to be true and accurate, and you will not post to the PlanetRate Site any User Content that is false, inaccurate, misleading or fraudulent.
- By uploading User Content to the PlanetRate Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) PlanetRate, its contractors and partners an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license to use such User Content for each such User's personal, non-commercial use. You hereby irrevocably waive and assign to PlanetRate any and all so-called moral rights or "droit moral" you may have in or with respect to any User Content you post to the PlanetRate Site.
- The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the PlanetRate Site. You may not post any content that:
- is patently offensive to users of the PlanetRate Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; or
- seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as "spam", or otherwise interfere with other Users' enjoyment of the PlanetRate Site;
- submit to the PlanetRate Site any content that falsely states or implies that such content is sponsored or endorsed by PlanetRate;
- use the Site in violation of the Terms of Service or any applicable local, state, national or international law;
- transmit or upload to the PlanetRate Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the PlanetRate Site, any other web site, or any computer or other device or system, or the enjoyment of the PlanetRate Site by any User;
- use the PlanetRate Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes;
- access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- submit to the PlanetRate Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the PlanetRate Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on the PlanetRate Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the PlanetRate Site or PlanetRate's IT infrastructure;
- use the PlanetRate Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
11. User Content Posted By You on the PlanetRate Site
PlanetRate reserves the right (but is under no obligation) to modify, update, or discontinue the Site or
any of the Services at its sole discretion, at any time, for any or no reason, and without notice or
liability.
Use of the PlanetRate Site is also governed by our Privacy Policy, a copy of which is currently located here
Use of the PlanetRate Site is also governed by our Privacy Policy, a copy of which is currently located here
12. International Users
As between you and PlanetRate, the PlanetRate Site, including all photographs, images, text, graphics,
icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or
modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of
the PlanetRate Site, including all copyrights, trademarks, and other intellectual property or proprietary
rights in the foregoing, are owned by PlanetRate or its licensors. As between you and PlanetRate, any User
Content posted by you is owned by you. Nothing contained in these Terms of Service shall be deemed to grant
to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary
right of PlanetRate or any of its licensors.
PlanetRate and other marks displayed on the PlanetRate Site are the proprietary service marks or trademarks of PlanetRate or its licensors. PlanetRate' trademarks may not be used in connection with any product or service that is not PlanetRate's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit PlanetRate. All other trademarks not owned by PlanetRate that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PlanetRate. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the PlanetRate Site without the express written permission of the trademark owner.
Nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of PlanetRate.
PlanetRate and other marks displayed on the PlanetRate Site are the proprietary service marks or trademarks of PlanetRate or its licensors. PlanetRate' trademarks may not be used in connection with any product or service that is not PlanetRate's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit PlanetRate. All other trademarks not owned by PlanetRate that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PlanetRate. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the PlanetRate Site without the express written permission of the trademark owner.
Nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of PlanetRate.
13. Ownership
As between you and PlanetRate, the PlanetRate Site, including all photographs, images, text, graphics,
icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or
modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of
the PlanetRate Site, including all copyrights, trademarks, and other intellectual property or proprietary
rights in the foregoing, are owned by PlanetRate or its licensors. As between you and PlanetRate, any User
Content posted by you is owned by you. Nothing contained in these Terms of Service shall be deemed to grant
to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary
right of PlanetRate or any of its licensors.
PlanetRate and other marks displayed on the PlanetRate Site are the proprietary service marks or trademarks of PlanetRate or its licensors. PlanetRate' trademarks may not be used in connection with any product or service that is not PlanetRate's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit PlanetRate. All other trademarks not owned by PlanetRate that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PlanetRate. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the PlanetRate Site without the express written permission of the trademark owner.
Nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of PlanetRate.
PlanetRate and other marks displayed on the PlanetRate Site are the proprietary service marks or trademarks of PlanetRate or its licensors. PlanetRate' trademarks may not be used in connection with any product or service that is not PlanetRate's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit PlanetRate. All other trademarks not owned by PlanetRate that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PlanetRate. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the PlanetRate Site without the express written permission of the trademark owner.
Nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of PlanetRate.
14. Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PlanetRate SITE, AND ANY USER CONTENT, REVIEWS, INFORMATION,
ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE PlanetRate SITE, IS
ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED BY PlanetRate ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PlanetRate MAKES
NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
AVAILABILITY, OPERATION AND/OR USE OF THE PlanetRate SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT
PROVIDED VIA THE PlanetRate SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND
MATERIALS CONTAINED IN OR DESCRIBED ON THE PlanetRate SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PlanetRate DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE PlanetRate SITE IS ACCURATE, COMPLETE OR CURRENT, AND
PlanetRate IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING
FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE PlanetRate SITE, INCLUDING BUT NOT LIMITED
TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED
IN OR DESCRIBED ON THE PlanetRate SITE. FURTHER, PlanetRate MAKES NO REPRESENTATIONS AND WARRANTIES
THAT THE PlanetRate SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES,
OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM
PlanetRate OR THE PlanetRate SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
15. Limitation on Liability
IN NO EVENT SHALL PlanetRate OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
REPRESENTATIVES OF PlanetRate OR ITS AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES
OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS
OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER
USE OF THE PlanetRate SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, RATINGS, ADVICE,
SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PlanetRate SITE,
OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION (AS DESCRIBED IN THE PRIVACY POLICY), EVEN IF
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, PlanetRate'S TOTAL MAXIMUM LIABILITY IN RESPECT OF THE USE OR
EXPLOITATION OF ALL OR ANY PART OF THE PlanetRate SITE, INCLUDING BUT NOT LIMITED TO THE USER CONTENT,
REVIEWS, RATINGS, ADVICE, SERVICES, PRODUCTS, AND/OR OTHER INFORMATION AND MATERIALS CONTAINED IN OR
DESCRIBED ON THE PlanetRate SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED ($100.00)
CANADIAN DOLLARS. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY PROVIDED HEREIN.
CERTAIN PROVINCIAL LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
CERTAIN PROVINCIAL LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
16. Indemnity
You agree to indemnify and hold PlanetRate and its affiliates, and the directors, officers, employees,
agents and representatives of PlanetRate and its affiliates, harmless from and against any losses, costs,
expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any
claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your
access to the PlanetRate Site, (ii) your use of the PlanetRate Site, (iii) any User Content posted, uploaded
or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms
of Service, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement
or other violation by you, or any third party using your account or User ID or password, of any intellectual
property or other right of any person or entity.
17. Third Party Advertisements and Links to Third Party Sites
PlanetRate may display on the PlanetRate Site advertisements from third parties, such as banner
advertisements and pop-up texts, and links to third party sites. PlanetRate is not responsible for the
content of such advertisements or links, any products, services or other materials relating to such
advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or
link does not imply endorsement by PlanetRate of the advertisement or linked site or any content therein.
IN NO EVENT WILL PlanetRate BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING
FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE PlanetRate
SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY
SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
The Site's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).
The Site's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).
18. Feedback
Suggestions and Improvements. By submitting ideas, suggestions, documents and/or proposals ("Feedback")
to PlanetRate through its suggestion, feedback, forum or similar web pages, you acknowledge and agree that
(i) your Feedback does not contain the confidential or proprietary information of third parties, (ii)
PlanetRate is not under any obligation of confidentiality, express or implied, with respect to the Feedback,
(iii) PlanetRate, in its discretion, shall be entitled to use and disclose such Feedback for any purpose,
in any way, in any media worldwide, (iv) PlanetRate may have something similar to the Feedback already
under consideration or in development, (v) the Feedback automatically becomes PlanetRate's property without
any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from
PlanetRate under any circumstances.
Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through our contacts page here. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of PlanetRate in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.
Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through our contacts page here. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of PlanetRate in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.
19. Changes to Terms of Service
PlanetRate reserves the right to make changes at any time to these terms of Service. Any modifications
to the Terms of Service will be effective upon posting. You agree to review the Terms of Service
periodically so that you are aware of any modifications. Your continued use of the PlanetRate Site after
any modifications indicates your acceptance of the modified Terms of Service.
20. Miscellaneous
Any dispute relative to the PlanetRate Site or use or inability to use the PlanetRate Site will be
governed by the laws of Ontario Laws, without regard to its conflict of law provisions. You agree to
personal jurisdiction and venue in the state and federal courts located in Windsor, Ontario. No agency,
partnership, joint venture, or employment relationship is created as a result of these Terms of Service
and you do not have any authority of any kind to bind PlanetRate in any respect whatsoever. PlanetRate
may provide you with notices, including those regarding changes to the Terms of Service by email,
regular mail and/or postings on the PlanetRate Site. These Terms of Service, accepted upon use of the
PlanetRate Site constitute the entire agreement between you and PlanetRate regarding use of the PlanetRate
Site. The failure of PlanetRate to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of the enforcement of such right or provision. If any provision of these
Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated
to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and
effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you,
except with PlanetRate' prior written consent. The headings in these Terms of Service are for convenience
only and have no legal or contractual effect. These Terms of Service include PlanetRate's Privacy Policy,
and any notices regarding the PlanetRate Site.
21. Contact and Violations
Please contact us with any questions regarding these Terms of Service. Please report any violations of the
Terms of Service to legal@PlanetRate.com
Effective date of this Agreement is July 21st, 2008

