Consumer Services | Business Services | Contact | About | Subscribe

Home / Service Terms

SBTRUST.ORG SERVICE TERMS
Last Update: January 19, 2002

LEGAL NOTICES
Drake Analytics, Inc. ("Company") is the owner and manager of sbTRUST.ORG, a membership based service ("Service"). The Company its agents, attorneys, employees, representatives and assigns (hereinafter also referred to as "Company") hereby provide the following legal notices, disclaimers, terms and conditions for all web site content and recorded data of the Service, the archive of registered and monitored web content, ratings and dispute data and any other data and software, products or functions provided by the Service. The web site is registered in the name of the Company and its use is also covered by these Terms and Conditions. The subscriber and any visitor ("you") agree to this terms and conditions.

TERMS AND CONDITIONS
By accessing the Service through joining, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree with any of the below Terms and Conditions, do not use the Service. The Company or, as applicable, one of the Company's subsidiaries, reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time and you agree to be bound by such modifications, alterations or updates.

All membership fees are non-refundable. A membership provides access to the Service for a period of 24-months from the date of purchasing the Service. Membership in the Service may be terminated, without refund of fees, at any time and all member data will be destroyed.

You agree to comply with the following terms should you use the Privacy Seal Program as defined on this site:

1. A consumer may have their personal information removed from the your database upon their request and presentation of proof of identity.
2. A consumer may opt-out of any and all marketing e-mail sent by you by sending, from the e-mail address on record with you, an opt-out request to you.
3. Your Privacy Policy will be registered by sbTRUST on a daily basis and recorded with sbTRUST. These records may be made available to settle disputes regarding the content of the privacy policy on any given day.
4.If you reserve the right to sell or otherwise distribute contact or other information this must be stated in your online Privacy Policy. You agree to not manipulate the rating system in order to falsify customer ratings or to provide ratings for your self. You agree that no member of your organization may submit ratings.

LIMITATION OF LIABILITY
INFORMATION, SERVICES AND ANY SOFTWARE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Though we strive for accuracy, information and services offered on the Site may contain inadvertent technical inaccuracies or typographical errors. Information may be changed or updated without notice. The Company may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

The Site may contain hyperlinks to other web sites. The Company makes no representations whatsoever about any hyperlinked web sites which you may access through this one.

IN NO EVENT WILL THE COMPANY OR ANY OF ITS SUBSIDIARIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY SITE HYPERLINKED FROM THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Users of this web site and the Service further agree to hold the Company harmless in any dispute or legal matter associated with registered data, ranking data, dispute data or for any of the services provided by the Company in administering the Service. Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will the Company be liable to you or any other party for indirect, special, incidental, reliance or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdiction do not allow the limitation of liability, consequential or indirect damages, so the foregoing limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of this web site. As such, users of this web site and the Service shall indemnify, defend, and hold the Company harmless from and against any and all claims, costs, damages, expenses (including, without limitation, attorneys' fees and expenses), losses, liabilities, and settlements arising out of or in connection with (a) any claim or suit relating to files and data registered with the Company.

JURISDICTION & CHOICE OF LAW
Neither the Company nor any of its subsidiaries make any representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site and the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or the Company brings to enforce these Terms and Conditions or, in connection with, any matters related to this site shall be brought only in either the State or Federal Courts located in King County, Washington and you expressly consent to the jurisdiction of said courts.

This web site and the Service are presented by the Company from within the United States. The Company makes no representation that materials in the web site or provided through the Service are appropriate or available for use in locations outside the United States. Neither the web site or Service, nor any underlying information or technology may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria) or to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the web site or Service, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Web site and Service.

OTHER
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

SBTRUST.ORG is a Drake Analytics, Inc. Web Service
Copyright © 1999-2004 Drake Analytics, Inc.
All rights reserved.

Privacy Policy
This site requires a browser with full Cascading Style Sheet support.