1. Consumer Fraud Center Membership Terms & Conditions
To use this service, you must be at least 14 years old.
www.consumerfraudcenter.com (“CFC”) is an online forum created to help give consumers a voice and keep consumers informed. CFC is located at:
Consumer Fraud Center
Santa Monica, CA 90405
Questions/comments regarding editorial issues should be sent to: email@example.com
Questions/comments regarding legal issues should be sent to: firstname.lastname@example.org
This is a legal agreement (“Agreement”) between you and CFC (“CFC”). Please read the Agreement carefully before registering for CFC. By registering for CFC, you agree to be bound by the terms and conditions of this Agreement (the “Terms”). If you do not agree to the Terms, you are not permitted to use CFC.
The Terms are subject to change by CFC, at any time, without notice, effective upon posting of updated Terms on our website. Persons who are under 14 years old may not register for CFC. By registering with CFC, you represent and warrant that you are at least 14 years old.
CFC reserves the right to immediately suspend or terminate your registration with CFC, without notice, upon any breach of this Agreement by you which is brought to CFC’s attention.
Your registration with CFC is for your sole, personal use. You may not authorize others to use your user identification and password, and you may not assign or otherwise transfer your account to any other person or entity.
2. Online Conduct
You are solely responsible for all content or information you publish or display (hereinafter, “post”) on CFC.
You will NOT post on CFC any defamatory or illegal material or any material that infringes or violates another party’s intellectual property rights. You will use CFC in a manner consistent with any and all applicable laws and regulations. By posting information on CFC, you warrant and represent that the information is truthful and accurate.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law.
While we do not and cannot review every message posted by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove profanity, obscenities, threats of physical violence or damage to property, and private financial information such as social security numbers and credit card information.
3. Online Content
Opinions, advice, statements, offers, or other information or content made available through CFC are those of their respective authors and not of CFC, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content.
CFC does not guarantee the accuracy, completeness, or usefulness of any information on CFC and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will CFC be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on CFC
You will defend, indemnify, and hold harmless CFC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of CFC, including, but not limited to, any breach by you of the terms of this Agreement
5. Removal of Information at User’s Request
CFC is a permanent record of disputes, including disputes which have been fully resolved. In order to maintain a complete record, information posted on CFC will not be removed. By posting information on CFC, you understand and agree that the material you post will become part of CFC’s permanent record and will NOT be removed even at your request.
6. Proprietary Rights/Grant of Exclusive Rights
By posting information or content to any public area of www.Consumerfraudcenter.com, you automatically grant, and you represent and warrant that you have the right to grant, to CFC an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
7. Disclosure of Information Supplied by You
From time to time, CFC may receive subpoenas seeking the identity of an CFC user. Upon receiving notice of such a subpoena, CFC may object to the disclosure unless and until a court determines the standards have been met. Alternatively, CFC may forward a copy of the subpoena to you at the email address you provided in your account registration and may request that you provide documentation or other information supporting the allegations contained in your report. In the event you fail to respond to our request for information within ten (10) calendar days from the date sent, CFC may comply with the subpoena and may disclose your identity without incurring any liability to you.
Although, you are legally entitled to publish your comments anonymously, at the discretion of CFC the personally identifying information of any user who is found to have posted numerous complaints about the same company and/or individual using different pseudonyms may lose the confidential protections afforded by this section.
You further agree and understand that in order to facilitate the resolution of complaints, CFC may disclose your identity to any company who joins our Consumer Fraud Reporting Network. Disclosures made under this section shall be limited only to reports submitted on or after the date the company joins our program and shall only occur where the company has agreed not to sue you and has agreed to waive any/all claims it may have it against you based on any reports you have posted on CFC.
In its sole discretion, CFC may also disclose your identity to any federal, state, or local law enforcement agency (including federal and state attorneys general) for the limited purpose of allowing such agencies to contact potential victims of consumer fraud and/or similar unlawful acts.
You further agree to release and hold CFC harmless from any claims that CFC disclosed your identity pursuant to these terms and conditions.
8. Disclaimer of Warranty
CFC provides CFC on an “as is” basis and grants no warranties of any kind, express, implied, statutory, in connection with CFC or in connection with any communication with CFC or its representatives, or otherwise with respect to CFC. CFC specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. CFC does not warrant that CFC’s connection to the internet will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in CFC will be corrected.
9. Limitation of Liability
In no event will CFC be liable: (i) to you for any incidental, consequential, or indirect damages arising out of the use of or inability to use CFC, even if CFC or its agents or representatives know or have been advised of the possibility of such damages or: (ii) to any person other than you. In addition, CFC disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or “hackers”) of CFC.
10. State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
11. General Provisions
You agree that California law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of California, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of California in connection with CFC or this Agreement. The failure of CFC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of CFC or You to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement, accepted upon registering for CFC, contains the entire agreement between you and CFC regarding the use of CFC. This Agreement may only be amended upon notice by CFC to you, or by a writing signed by you and an authorized official of CFC. Unless otherwise explicitly stated, the Terms will survive termination of your registration with CFC. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
12. Copyright Policy/Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement/DMCA Notices
We comply with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”) and we will terminate the privileges of any user who uses CFC to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to CFC, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights of third parties.
At a minimum, any DMCA removal request is required to include at least the following things:
(1) Your name, address, telephone number, and e-mail address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) The exact URL or web address where the alleged infringing material is located.
(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result; 17 U.S.C. §512(f).
Last updated: 11/8/2012