ComparisonAZ.com terms of service

Date last revised: February 26, 2010

ComparisonAZ.com is run and operated by Reality Web Services, LLC
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND REALITY WEB SERVICES, LLC, A PENNSYLVANIA CORPORATION. ANY REFERENCE TO “REALITY WEB SERVICES " IN THIS AGREEMENT INCLUDES OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OWNERS, AGENTS, LICENSORS OR LICENSEES. AS USED IN THIS AGREEMENT, THE WORDS "YOU" AND "YOUR" REFER TO YOU, THE ComparisonAZ.com USER, AS THE PARTY AGREEING TO THE TERMS AND CONDITIONS TO USE THE SERVICE. THE WORDS "WE", "US", "OUR", "RWS" AND ANY OTHER VARIATION THEREOF REFER TO REALITY WEB SERVICES (RWS), LLC.

1. ACCEPTANCE OF TERMS

REALITY WEB SERVICES PROVIDES ITS SERVICE TO YOU, SUBJECT TO THESE TERMS AND CONDITIONS, WHICH MAY BE UPDATED BY US FROM TIME TO TIME. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT ONLINE AT ANY TIME. BY USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with RWS.

If you accept this Agreement, you represent that you have the capacity to be bound by it, and we suggest you print or save a local copy of this Agreement for your records.

2. DESCRIPTION OF SERVICE

The tools and function provided by RWS (the "Service") is a social information management service that allows you to consolidate and track your Twitter and Facebook accounts on ComparisonAZ.com and on mobile devices. Also, you can manage news feeds and keep a ToDo list. Finally, you can track and rate various technology tools, some of which RWS is a reseller. Based on such information, the Service may also present information relating to third party products or services.

The Service provides you with access to a personal collection of online information from your various third party accounts and information sources ("Account Information") via the Internet and mobile devices. In order to receive the Service, you will need to provide RWS with your account information and any information necessary for us to access your accounts with the service providers you choose. By using the Service, you expressly authorize RWS to access the Account Information, on your behalf and as your agent, solely for the purpose of providing the Services to You. Each time you add an account through your use of the Service, you will be directly connected to the website for the third party you have identified. RWS will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit RWS to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information.

YOU ACKNOWLEDGE AND AGREE THAT WHEN RWS IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, RWS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. The Service is not sponsored or endorsed by any third parties accessible through the Service.

3. YOUR USE OF THE SERVICE

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Service for lawful purposes.

Accurate records enable us to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, and you may not misrepresent any Account Information. In order for the Service to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that RWS, in its sole discretion, may elect to take.

4. PRIVACY POLICY

RWS IS COMMITTED TO PROTECTING YOUR PRIVACY. OUR USE OF YOUR PERSONAL INFORMATION IS GOVERNED BY THE TERMS OF THE RWS PRIVACY POLICY, WHICH IS INCORPORATED INTO THIS AGREEMENT. The policy may be updated from time to time at our discretion, and changes will be effective upon our posting them to the site.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will create a password and account username upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account, or if you believe your password has been lost or stolen or any other breach of security. You are also responsible for any fees associated with use of other services accessed through the Service.

RWS advises you to exit and logoff from your account at the end of each session. And it's always best to close your browser completely.

6. TERM

This Agreement will be in effect from the date of your completed registration with ComparisonAZ.com. Either you or RWS may terminate this Agreement at any time with or without notice. The provisions and all obligations of and restrictions on you and any user of your account with respect to the Service shall survive any termination of this Agreement.

You agree that RWS, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if RWS believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. RWS may, also, in its sole and absolute discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that RWS may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files or the Service by you. Further, you agree that RWS shall not be liable to you or any third party for any termination of your access to the Service.

You can cancel your registration with the Service at any time and have your information deleted from our records.

To cancel your RWS account, log in to your account at www.comparisonaz.com, click edit account and delete account.

7. INDEMNITY

You agree to defend, indemnify and hold harmless RWS from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE SERVICE, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN "AS IS" AND "AS AVAILABLE" BASIS. RWS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

RWS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. RWS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

 

9. LIMITATION OF LIABILITY

RWS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF RWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, RWS’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.

11. REMEDIES OF USER

Your sole and exclusive remedy for any failure or non-performance of the Service including any associated software or other materials supplied in connection with the Service shall be for RWS to use commercially reasonable efforts to effectuate an adjustment or repair of the Service.

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 the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. MODIFICATIONS TO SERVICE

RWS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RWS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. DEALINGS WITH THIRD PARTIES

Some parts of the Service are supported by sponsored links from advertisers and display RWS Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information.

In connection with RWS Offers, the Service will provide links to other web sites belonging to RWS advertisers and other third parties. RWS does not endorse, warrant or guarantee the products or services available through the RWS Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and RWS is not an agent or broker or otherwise responsible for the activities or policies of those web sites. RWS does not guarantee that offers from any particular advertiser or other third are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms available.

14. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Service, you represent and warrant to RWS that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner, which could damage, disable, overburden, or impair the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree not to access the Service by any means other than through the interface that is provided by RWS for use in accessing the Service.

15. RWS INTELLECTUAL PROPERTY RIGHTS

All content on this Service, including, without limitation, any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, is owned exclusively by RWS, or the licensors or suppliers of RWS, and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Service may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of RWS or the appropriate licensor or supplier.

Any feedback, questions, comments, suggestions, ideas or the like, that you send to RWS will be treated as being non-confidential and nonproprietary, and RWS will be free to use such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services incorporating the information. Any submission to this Service shall be deemed and remain the property of RWS.

All non-RWS product and service marks contained on or associated with the Service are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party site or information do not necessarily constitute or imply RWS endorsement, sponsorship or recommendation of the third party, information, product or service.

16. NOTICES

Notices to you may be sent via email, through the Service by displaying links to notices generally on this site, or to your mobile device.

17. MISCELLANEOUS

This Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between RWS and you.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition.