Examiner.com Terms of Use Agreement

The Examiner.com website (the "Site") is operated by Clarity Digital Group LLC d/b/a Examiner.com (“Examiner.com”). These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use the Site. To the extent rules or guidelines affecting your use of the Site are found on other pages of the Site, those rules and guidelines are hereby incorporated by reference into these Terms of Use. By using the Site you (hereinafter either "you" or "User") agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check the Site regularly for changes to the Terms of Use. Modifications shall become effective immediately upon being posted at the Site, without further notice to you. Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Use may not be amended.

1. Description of Service

Our Site features a wide array of intellectual property content, including but not limited to, news, information, audio, video, and user-generated content (collectively “Content”). To the extent new Content, services, or features are added to the Site in the future, the use thereof is subject to these Terms of Use.

2. Additional Policies and Agreements

Our Privacy Policy describes the information we collect when you and others use this Site, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

If you sign up to become an Examiner, to enter a promotion on our Site, or to use a special feature or password-protected area of this Site, you may be asked to agree to special terms. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of the click-through agreement are different than these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the "click-through agreement."

3. Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EXAMINER.COM, ITS PARENT, SUBSIDIARIES, AFFILIATES, OTHER RELATED ENTITIES, SUCCESSORS IN INTEREST OF THE FOREGOING, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “EXAMINER.COM PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EXAMINER.COM PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS.

UNDER NO CIRCUMSTANCES, WILL THE EXAMINER.COM PARTIES BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY EXAMINER.COM PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVEN ESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE EXAMINER.COM PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

4. Indemnification

You agree to indemnify and hold the Examiner.com, Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Site, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer or account.

5. Modifications and Interruption to the Site

Examiner.com reserves the right to modify or discontinue all or any portion of the Site with or without notice to you. The Examiner.com Parties will not be liable to you or any third party should Examiner.com exercise such right. You acknowledge and accept that Examiner.com does not guarantee continuous, uninterrupted or secure access to the Site, that operation of the Site will not be uninterrupted or error free, and that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our Site may include links to other sites on the Internet that are owned and operated by online merchants 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 webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor. We encourage our users to review the terms of use and privacy policies of third-parties' sites.

As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or your country. If you wish to register on our Site you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, e-mail address, etc.) as required by the applicable Examiner.com registration form, and further agree that you will update such data to keep it accurate, current and complete. Examiner.com reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue.

If you obtain a username and password from this Site, you may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify Examiner.com immediately of any known or suspected unauthorized use of your username and password or any other breach of security. Examiner.com cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

8. User-Submitted Content and User Conduct

Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Site, including without limitation articles by Examiners, comments to articles, classified ads, or other content which does not originate with Examiner.com (“User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will Examiner.com be liable in any way for any User Content made available through this Site by you or any third party.

Since Examiner.com does not control the User Content posted on the Site, it cannot and does not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Site, you may encounter Content that you may consider to be objectionable. Examiner.com has no responsibility for any User Content, including without limitation any errors or omissions therein. The Examiner.com Parties are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Site, whether by Examiner.com, individual users of the Site, or third party contractors or licensors of Examiner.com.

You agree that you will not use the Site to transmit or make available any Content that:

• violates any laws or regulations, contains any threats, is abusive, tortuous, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;
• infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
• contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual under the age of 18;
• you know or have reason to know is false, misleading, or fraudulent;
• you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• contains forged headers or employs other techniques whose purpose is to disguise the origin of the Content submitted;
• contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, (including without limitation any request for or solicitation of money, goods, or services for private gain) and you agree to comply with all laws and FTC guidelines with regard to all Content you submit;
• incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
• contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use the Site to:

• engage in any conduct which might be harmful to any individual;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
• engage in or transmit any material 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.

In addition, you are prohibited from interfering with or disrupting the Site, or servers or networks connected thereto.

Examiner.com reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on the Site. You agree that the exercise by Examiner.com of such discretion shall not convert or transform User Content to Content owned or provided by Examiner.com, and the user who made such User Content available on the Site will retain ownership thereof as described below.

With respect to any information you provide to Examiner.com, including personal data and information, you agree and accept that Examiner.com may retain, maintain and/or disclose such information and User Content if required to do so by law or in a good faith belief that such retention, preservation and/or disclosure is reasonably necessary to: (a) respond to any legal process; (b) enforce these Terms of Use; (c) respond to any claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Examiner.com, its users and the public.

9. Ownership and License of User Content

User Content is owned by the author thereof, and Examiner.com does not claim ownership of original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting or otherwise making any User Content available on or through this Site, you are granting Examiner.com, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.

10. Ownership of Feedback

Examiner.com welcomes your comments and feedback regarding this Site. All information and materials submitted to Examiner.com through this Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of Examiner.com (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Examiner.com reserves the right to treat any such Feedback as the confidential information of Examiner.com. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting Feedback to Examiner.com, you assign to the Examiner.com Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Examiner.com Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

11. Disclaimer Regarding Accuracy of Content

Much of the Content on the Site, including without limitation User Content, has been provided by or obtained from parties other than Examiner.com. For example, content posted by “Examiners” on our Site is written solely by the Examiners (who are independent third parties, not employees of Examiner.com, and not under the control or direction of Examiner.com) and is posted to the Site by the Examiners without review by Examiner.com. Examiner.com makes no representations or warranties as to the accuracy or reliability of any Content on the Site created or provided by third parties (including without limitation Examiners). Examiner.com makes no warranties or representations whatsoever with regard to any product or service provided or offered by any vendor on the Site (including without limitation advertisers on the Site and individuals or entities placing classified advertisements on the Site) and you acknowledge that any reliance on representations and warranties provided by any party other than Examiner.com shall be at your own risk. You expressly agree to hold Examiner.com harmless for any claims of damage arising from any information, advice, product or service provided or promoted by any third party, including without limitation the Examiners.

UNLESS OTHERWISE STATED ON THIS SITE, OPINIONS EXPRESSED ON THIS SITE ARE THOSE OF INDEPENDENT THIRD PARTY “EXAMINERS” OR OTHER CONTRIBUTORS TO OUR SITE, AND NOT OF EXAMINER.COM, AND ARE NOT ENDORSED BY EXAMINER.COM. INFORMATION AVAILABLE ON THIS SITE SHOULD NOT BE SUBSTITUTED FOR PROFESSIONAL ADVICE, AND YOU ARE ADVISED TO CONSULT YOUR HEALTH CARE PROVIDER OR OTHER PROFESSIONAL AS APPLICABLE BEFORE ENGAGING IN ANY EXERCISE PROGRAM, MEDICAL TREATMENT, DIET MODIFICATION, OR TAKING ANY OTHER COURSE OF ACTION THAT COULD POTENTIALLY IMPACT YOUR HEALTH,FINANCIAL INTERESTS, OR WELL-BEING IN ANY OTHER MANNER.

12. Classified Advertisements

Submission of a classified advertisement for publication on our Site does not constitute a commitment on the part of Examiner.com to publish the advertisement, and publication of an advertisement does not constitute an agreement from Examiner.com for continued publication. Examiner.com reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

13. Copyright and Trademark Information

Copyrights in Content included or available on this Site (including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof) are owned by Examiner.com or its licensors, with all rights reserved, and the Content is protected by the intellectual property rights of those owners. Any use of Content on the Site, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Examiner.com, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Examiner.com.

You may use the Content solely for your personal, non-commercial use, except that a commercial web site is permitted to link to the Site provided that the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Examiner.com. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on Examiner.com, without the express consent of those third parties. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of this Site will be deemed by Examiner.com to be an intentional infringement.

All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Examiner.com.

14. AP Content

Associated Press text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither these PA materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the PA material found on this web site. PA will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

15. Notification of Claimed Copyright Infringement

In the event that you find Content posted on the Site which is believed to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact Examiner.com’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):

1. your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
5. a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
6. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7. a statement that all of the information you have provided is true.

Please send your notice of alleged infringement to:

By Mail addressed to:
Copyright Agent
Examiner.com
555 17th Street
Suite 400
Denver, CO 80202
Fax: 303-291-8855
E-mail:legal@examiner.com

In accordance with the DMCA, it is the policy of Examiner.com to terminate use of our Site by repeat infringers in appropriate circumstances.

16. Links to the Site and RSS Feeds

Unless otherwise prohibited under these Terms of Use, you are granted a license to create hyperlinks to Content on the Site, provided that the hyperlink accurately describes the Content as it appears on the Site. You are further granted a license to implement the RSS feeds offered by our Site, in the manner described on our Site. Examiner.com reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause. Under no circumstances may you "frame" the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. When a page of our Site is accessed from a link (including RSS feeds) featured on your web site, each page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site.

17. Mobile Devices

If you access the versions of our Site or Content designed for use on mobile devices, you understand that your mobile carrier’s standard charges will apply. If you choose to use our “send to a friend” function to send any content to your friend’s mobile device, you understand that your friend may incur standard messaging charges according to your friend’s mobile plan.

18. Terminating Permission to Use Our Site

We reserve the right to terminate your access to or use of our Site for any reason or no reason, in our sole discretion, with or without notice to you. In addition, pursuant to the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances (including Examiners or other users who have posted Content to our Site), You agree that the Examiner.com Parties will have no liability to you or any third party with regard to such termination.

19. Governing Jurisdiction of the Courts of the State of Colorado

Our Site is operated and provided in the State of Colorado. As such, we are subject to the laws of Colorado, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal or available for use outside of the United States. Accordingly, if you choose to access our Site you agree to do so subject to the internal laws of Colorado. The state and federal courts of Colorado shall serve as the venue for any actions brought, or claims made, arising out of your use of this Site.

20. Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

21. Other Terms

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable for any reason, the remainder of these Terms of Use will remain valid and enforceable to the maximum extent of the law, and an enforceable provision as close as possible to the intent and economic effect of the invalid provision will be substituted therefor. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Examiner.com, in our sole discretion, to a third party in the event of a merger or acquisition. You agree and understand that these Terms of Use together with any other click-through agreements you may have entered with Examiner.com, constitute the entire agreement between you and Examiner.com regarding your use of the Site. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 19, 20, and 21 of these Terms of Use will survive any termination of your use of the Site or termination of these Terms of Use.

Any failure by Examiner.com to exercise its rights under these Terms of Use or to enforce the terms hereof shall not constitute a waiver of those rights. If any term of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties' intentions as reflected in the provision, and that all of the other provisions of these Terms of Use shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of site or relating to the terms of these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. Effective Date of this Terms of Use Agreement

This Terms of Use Agreement is effective as of October 28, 2009