Virthium collects information about products and services (we call them “Listings”), as well as information about people who contribute to the Listings. Users are offered discounts on using the underlying products and services for providing feedback on these Listings (we call these “Feedback Rebates”). To use Virthium, you have to agree to the terms of service and use for the Virthium website. The Terms of Service and Use (the “Terms of Service”) between you and Virthium, LLC, an Arizona limited liability company (“Virthium”) governs (i) accessing, browsing, subscribing to, and using the Virthium website (the “Site”); and (ii) using services provided by Virthium on the Site now existing or later developed (collectively, the “Services”). You acknowledge that you have read, have understood, and agree to be bound by this Terms of Service and Use and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Site or any of the Services. Upon first use of the Site, other than your initial review of this page, you agree to comply with this Terms of Service.

Virthium allows you to add content to or through our Services, and you retain ownership of any intellectual property rights that you hold in that content. When you add content to or through our Services, you give Virthium and our partners a worldwide, unlimited, perpetual license to use that content. In this Terms of Service, “use” means “use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute.

We use complex algorithms to analyze your content and aggregate your content with others. The “new” content created from our analysis and our aggregation is the intellectual property solely of Virthium.

From time to time, we may modify this Terms of Service and post those modifications to the applicable Site. Your use of any Services after any such modification constitutes your acceptance of the modified Terms of Service.

The material provided through our Services is protected by law and international treaties. The Services are controlled and operated by Virthium from its offices within the United States. Virthium makes no representation that materials in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.

Permitted Uses and Restrictions on Use. Virthium is in no way responsible for the accuracy or the adequacy of Site or Service. You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications, such as, among other things, keeping your password confidential. You agree, acknowledge, and understand that, in no event, shall you allow any unauthorized users to access the Site using your userid and password. Virthium is not responsible for breaches of confidentiality caused by you or anyone accessing the Site using your userid and password, whether authorized by you or not.

Cell Phone Use. By providing your cell phone number and using the Service, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Service. Virthium will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply.

Billing and Payment Policy. Virthium retains the right, in its sole discretion, to place a hold on any payment for a submitted Review transaction. Virthium has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Virthium, in each case in Virthium’s sole discretion.

Modifications to the Site or Service. Virthium reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Site (or any part thereof) or any Service, with or without notice to you. You agree that Virthium shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any Service. Virthium may specify from time to time the version(s) of web browsers required in order to use the Site or Services, and you acknowledge that Virthium is not obligated to support all web browsers and Virthium is not obligated to continue support of any web browsers it offered support at an earlier time.

Termination. You acknowledge and agree that Virthium may suspend or terminate your account and/or deny you access to or use of, all or part of the Site or Services, without prior notice, if you engage in any conduct that Virthium believes, in its sole discretion: (a) violates any term or provision of this Terms of Service; (b) violates the rights of Virthium or our partners; or (c) is otherwise inappropriate for continued access and use of the Site or Service. In addition, Virthium reserves the right to terminate inactive membership accounts. You agree that upon termination, Virthium may delete all files and information related to your account and may bar your access to your account and the Site.

Further, you agree that Virthium shall not be liable to you or any third-party for any termination of your access to the Site. You agree to defend, indemnify and hold Virthium harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of Site.

Links. The Site may provide links to other World Wide Web sites or resources. You acknowledge and agree that Virthium is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Virthium shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Virthium Proprietary Rights. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

No Resale, etc. of the Service. You agree not to copy, sell, resell, rent or sublicense (including offering the Site or Services to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Site or Service, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Virthium for use in accessing the Site.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIRTHIUM AND ITS SUPPLIERS, AGENTS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT b) VIRTHIUM AND ITS SUPPLIERS, AGENTS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, AND CONTRACTORS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. VIRTHIUM AND ITS SUPPLIERS, AGENTS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE AND USE OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. VIRTHIUM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SITE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. VIRTHIUM IS NOT RESPONSIBLE ANY INFORMATION NOT PROVIDED IN THE SITE. VIRTHIUM DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIRTHIUM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.

Representations and Warranties. You represent that, to the best of your knowledge and belief, your use of the Site and Services does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the Site. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIRTHIUM AND ITS SUPPLIERS, AGENTS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES(EVEN IF VIRTHIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOU ALSO AGREE THAT VIRTHIUM WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SITE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, and EVENTS BEYOND VIRTHIUM’S REASONABLE CONTROL.

IN NO EVENT SHALL VIRTHIUM’S MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

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. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.

General Information. The Terms of Service constitutes the entire agreement between you and Virthium and governs your use of the Site, superseding any prior agreements between you and Virthium (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other Virthium services, third-party content or third-party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the state of Arizona without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and Virthium agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County Arizona. The Terms of Service does not limit any rights that Virthium may have under trade secret, copyright, patent, trademark or other laws. The failure of Virthium to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. Any section titles that may appear in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of Virthium and its successors and assigns.

Conduct. You agree to not use the Site to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any Virthium representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (e) upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to the Site; (j) incite or provide instructional information about illegal activities; or (k) conduct any illegal activity.

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