Terms of Service

Welcome to consumera.com (Consumera). The website provides online information services to you when you visit our site www.consumera.com. The services that you are availing from us are subject to the following terms and conditions set forth herein. Before using the services please read the terms and conditions and in any case you don’t wish to be bound by the terms and conditions do not use the site.

Consumera reserves the right to update or modify the terms and conditions set forth herein without any intimation. Hence you agree to review this Agreement periodically and your continued use is presumed to your acceptance of the updated terms and conditions.

1. EligibilityBy using the services provided by Consumera, you hereby represent and warrant that you are fully eligible under law to use the services here and in doing so will not violate any other agreement to which you are a party.
2. CommunicationsConsumera shall be communicating by way of emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. By giving consent to receive emails and phone calls, you hereby agree that such electronic communications satisfy any legal requirement that communications shall be in writing. Further, in case you want to revoke or discontinue our services you can write to us at hello@consumera.com.
3. MembershipFor you to register with Consumera as a member, you have to provide personal information. Some features on this Site are restricted to registered members only and you agree to provide information about yourself in order to use those features on the Site. By registering, you warrant that the information provided by you are complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate anyone, create an account for anyone other than yourself or provide an email address other than your own. Once you register with our Site, you shall be responsible for the confidentiality of your account credentials. Any act that may arise from your account shall be deemed to be yours and you shall be responsible for the same. In any case, such an act violates any laws or policies of Consumera, we reserve the right to suspend or block your account.
4. ContentYour accessibility to our website is subject to your acceptance of these Terms of Use. Consumera handles different kinds of contents and in accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Consumera does not endorse such Content, and cannot assure its accuracy access and use the Site at your own risk. You are hereby advised to seek professional advice and any Content in this Site will not substitute or intends to substitute professional advice given in the subject matter covered herein. Further, the services provided by Consumera are very diverse and we may update additional terms or requirements as and when required pertaining to certain services. If you are using such services the additional terms shall form part of your agreement with us.Consumera displays content generated by users on the website. Such contents are the sole responsibility of the entity that makes the content available and we don’t have any responsibility for whatsoever in such the Contents posted. Such contents shall be reviewed or removed from our Site if we find it violative of any law or policies. However, this does not mean that all the contents are reviewed by us and reflect our views. Reviews and messages posted by a particular user express the views of the registered user only, and the Site or its owner or affiliates will be responsible for any content, any posting, or any message. The Site may display advertisements and other information adjacent to or include with Your Content on the Site and you are not entitled to any compensation for such advertisement.

   While using the Site you shall not copy, modify, edit, reproduce, publicly display, alter or transmit the contents of the Site to any entity in any way without express consent from the owner of such content.

5. Permission to Use Your Content.By registering with us, you give us irrevocable permission to use your content for any purpose, including but not limited to advertisements and other works, creating derivative works, promoting and distributing it. You also irrevocably grant the Site’s users the right to access Your Content in connection with their use of the Site. Finally, you irrevocably waive and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
6. Your use of the Site.While using the website you agree and confirm that
   1. You shall not remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site.
   2. Your use of the Site shall not violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
   3. You shall not post any Content that contains in part or whole, any virus, malware code, or is false, defamatory, unlawful, tortious, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, impersonal, profane, ethnically and/or sexually objectionable or threatening or to post any advertisement, harmful to minors, chain letters, solicitation or other commercial messages, or to post material that is illegally invasive of another person’s privacy.
   4. You shall not use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
   5. You shall not use the Site in violation of the Terms of Use or any applicable law;
7. OwnershipThe site is controlled and owned by Consumera and the entire material including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. The contents of the website are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant Site a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to www.consumera.com by all means and in any media now known or hereafter developed. You also grant Site the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Site for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Site.TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of www.consumera.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
8. PrivacyFor information about how we handle your personal information, please read our Privacy Policy.
9. Site Modification.We at Consumers may add, modify, change, discontinue a service, or terminate the services without any notice to you.
10. Unauthorized Access.Considering the nature of services, other users can track your information and may use such information to harass or injure you. Though we don’t approve of any unauthorized uses, we are not responsible for any personal information that you publicly disclose or share with other users.We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
11. Suggestions and Improvements.You can send us any ideas, suggestions, documents, or proposals (Feedback) that you want us to know. You agree that (i) your Feedback does not contain confidential or proprietary information of third parties, (ii) your feedback shall not violate anyone’s privacy rights (iii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iv) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
12. Termination.
    1. We at our sole discretion may terminate or suspend your account or ability to use the Site, in whole or in part, for any or no reason, and without notice or liability of any kind.
    2. You may terminate the Terms of Use at any time by discontinuing your use of any and all parts of the Site or by sending the administrator notice to that effect. You acknowledge and agree that even if you discontinue your membership, we may continue to display Your Content on the Site.
    3. In the event of any termination, whether by you or us, Sections 2, 4,6, 7, 12, 15, 16, 17, and 20 of the Terms of Use will continue in full force and effect, including our right to use Your Content as detailed in Section 6.
13. Warranties, Disclaimers, and Limitations of Liability.
    1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS ” BASIS. THE SITE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF REVIEWS AND PROVIDER INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY PROVIDERS LISTED ON THE SITE. THE SITE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    2. CONSUMERA DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
    3. CONSUMERA FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
    4. THE SITE ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE PROVIDERS, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH PROVIDERS, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM.
    5. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SITE.
    6. THE SITE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE, WHATSOEVER, UNDER ANY APPLICABLE LAW, EVEN IF ADVISED OF SUCH CONSEQUENCE, WILL BE AS ADJUDGED BY A COURT OF FINAL JURISDICTION, OR AS PART OF FINAL SETTLEMENT BETWEEN THE PARTIES, AND IN NO CASE EXCEEDING $5000.00 USD.
14. IndemnityYou agree to indemnify and hold Consumera, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Use, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless the Site and be fully responsible for any loss, liability, and/or legal fees that arise from the violation of the Terms of Use herein.
15. Third PartiesThe Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.
16. NoticeAny Content posted on the Site has been extracted from the public domain, Provider Content, or has been legally obtained from any Third Party Site. Any objection to Site Content should be notified in writing to the company at the email address hello@consumera.com. The Site will make commercially reasonable efforts to redress all valid objections.
17. Miscellaneous.
    1. If there is any dispute about or involving the Site, you agree that any such dispute will be governed by the laws of Michigan without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and you do not have any authority of any kind to bind us in any respect whatsoever.
    3. We may provide you with notices, including those regarding changes to the Terms of Use by postings on the Site.
    4. The Terms of Use contain the entire agreement between you and us regarding the use of the Site and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use.
    5. Any failure on our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    6. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
    7. Your comments or review posts must be objective and truthful. Comments should be detailed, and respectful. Short or abusive reviews will be removed.
    8. This is not a discussion forum. Reviews should be posted by existing customers only. Only home warranty companies are allowed to respond to reviews (without using the rating option)

In case you are considering a lawsuit against this site, please read this page first!

Please be aware that the anonymity of speech is protected under the First Amendment to the Constitution. The Supreme Court of the United States in McIntyre v. Ohio, 514 U.S. at 337; Talley v. State of California, 362 U.S. 60 recognized the right to speak anonymously and upheld the right to speech on the Internet. When courts have ordered disclosure of the name of an anonymous user, a litigant must show that its need for identifying information outweighs the user’s constitutional rights. www.Consumera.com recognizes this right to the anonymity of our users.

Further, as per the Electronic Frontier Foundation,

Anyone questioning the legality of anonymous postings on an internet site should familiarize himself or herself with 47 USC Section 230, the federal law that permits many entities to “host” other people’s content without being liable for defamation/libel, etc. “By its plain language, § 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.” Zeran v. AOL, 129 F.3d 327, 330 (4th Cir. 1997). Under 230(c)(2)(A). No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

However, we reserve the right to remove inappropriate comments as justified by the law

(2) Civil liability.–No provider or user of an interactive computer service shall be held liable on account of– “(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers being obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. Reference The following links may provide some useful information:

• Verdict: eBay cannot be forced to remove allegedly defamatory information posted by users
• Verdict: Web site operators preserve a key aspect of their immunity under the Communications Decency Act