Your Guide to the Best Products
Terms of Use
Please enjoy this site, but please don't abuse it
Nobody likes reading legalese, so we thought we'd give you a quick summary: You may use this site, but you may not abuse this site. This means you can link to us, but you may not scrape us. The content on this site is copyrighted, and if you use it you must do so in a reasonable and lawful fashion. We make our money through advertising, so anything you do that erodes that is not kosher. If you think what you are doing is wrong, it probably is.
If only life were that simple...sigh.
Full Legal Version
AGREEMENT TO BE BOUND
The www.RobsChoice.com website and domain, and any other features, content, services or applications offered from time to time by RobsChoice.com ("RobsChoice.com") in connection therewith (collectively "Website") are owned, operated or otherwise made available by RobsChoice.com. BY USING THE WEBSITE IN ANY MANNER, INCLUDING VISITING OR BROWSING, YOU AGREE TO BE BOUND BY THESE TERMS OF USE ("AGREEMENT") AND RobsChoice.com's PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.
MODIFICATIONS TO THIS AGREEMENT
RobsChoice.com RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY MODIFYING THIS PAGE. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING, AND USE OF THE WEBSITE BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. THIS AGREEMENT, TOGETHER WITH ANY OTHER LEGAL NOTICES POSTED BY RobsChoice.com ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND RobsChoice.com CONCERNING THE WEBSITE.
WEBSITE ACCESS; YOUR ELIGIBILITY
Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, RobsChoice.com hereby grants you permission to use the Website only as set forth in this Agreement. You represent and warrant that (a) all information you submit on RobsChoice.com is accurate and truthful; (b) you will maintain the accuracy of such information; and (c) you are of legal age to agree to these terms and conditions or you have your parents' or guardian’s permission to do so. In order to access some features of the Website, you may have to create a membership account. You may never use another's account, username or password or impersonate anyone else or disguise your location or identity (e.g., by internet protocol address spoofing). You are solely responsible for the activity that occurs on your account, and you must keep your account password(s) secure. You must notify RobsChoice.com immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject this Agreement when you register or when you use certain RobsChoice.com products or services. You agree that any requirement that you do so does not in any way vitiate your assent to comply with this Agreement. Although RobsChoice.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RobsChoice.com or others due to such unauthorized use. RobsChoice.com reserves the right to suspend and/or discontinue any aspect of the Website in its sole discretion at any time without notice.
INTELLECTUAL PROPERTY RIGHTS
Except to the extent User Submissions (as defined below) are entirely (a) owned by you or (b) licensed to you and sublicensed to RobsChoice.com under Section 5.3 below, the content on the Website, including the text, images, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are (as between you and RobsChoice.com) owned by RobsChoice.com. Content and Marks are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. RobsChoice.com and its licensors reserve all rights not expressly granted in and to the Website and the Content.
USER SUBMISSIONS; LICENSE GRANT TO RobsChoice.com
The Website may permit the submission of commentary, images, videos and/or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You expressly agree that any such submissions are not confidential and may be publicly available. You agree that RobsChoice.com has no liability with respect to any User Submissions, including your own submissions, and you hereby irrevocably release RobsChoice.com and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof. By submitting the User Submissions to RobsChoice.com, or displaying, publishing, or otherwise posting any content on or through the Website, you hereby do and shall grant RobsChoice.com a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Website and RobsChoice.com's (and its successors and assigns) business, including for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby do and shall grant each user of the Website a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement. For clarity, the foregoing license grant to RobsChoice.com does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s). RobsChoice.com reserves the right to decide whether Content or a User Submission is inappropriate or violates this Agreement or any other agreement by which RobsChoice.com may be bound, including because of copyright infringement, violations of intellectual property law, obscene or defamatory material, or excessive length. RobsChoice.com also reserves the right, in its sole discretion, to refuse to post or remove any posting (including User Submissions), or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, RobsChoice.com assumes no responsibility for monitoring the Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website.
YOUR REPRESENTATIONS AND WARRANTIES
You represent, warrant and agree to each of the following: Your use of the Website will at all times be solely for your personal, noncommercial use, unless expressly authorized in writing by RobsChoice.com. Prohibited commercial uses include sale of access to any portion of the Website, application, use of the Website for the purpose of generating revenue for you or any third party, and any other use that RobsChoice.com determines, in its sole discretion, competes with RobsChoice.com or diminishes the market for the Website. Except as specifically enabled through the proper operation of the Website in accordance with this Agreement, you will not copy, perform, display, distribute or otherwise exploit any part of the Website (including any Content or User Submissions) in any medium. You will not alter or modify any part of the Website other than as expressly authorized, and then only for such express purpose. You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with (i) the security or integrity of the Website, (ii) the proper operation of the Website, or (iii) any features that are intended to prevent or restrict use, copying, distribution or other exploitation of any Content or User Submissions or enforce limitations on use of the Website or the Content or User Submissions therein. Such prohibited violations include accessing content for any purpose or in any manner other than "streaming" (i.e. other than for real-time viewing, such as by copying, storing, permanently downloading, or redistributing such videos). You will not post advertisements or otherwise use the Website for solicitations of business without RobsChoice.com's prior written consent. You will not collect or harvest any personally identifiable information, including account names, from the Website. You will pay all applicable fees and you will not circumvent or manipulate our fee structure or billing process. You will not publish falsehoods or misrepresentations that could damage RobsChoice.com or any third party. You will not post User Submissions in an inappropriate category or area on the Website. You will not submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable. You own or have the necessary licenses, rights, consents, and/or permissions to use and authorize RobsChoice.com to use (whether under law, by contract, or otherwise, including fair use rights) each and every User Submission (and all portions thereof) and to enable inclusion and use of such User Submissions in the manner contemplated by the Website and this Agreement. You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, or third party User Submissions in any way that violates any right of any third party. You will not use or launch any automated system, including "robots," "spiders," "offline readers" and the like, that accesses the Website in a manner that sends more request messages or other content or information to RobsChoice.com servers in a given period of time than a single human can reasonably produce in the same period by using the applicable portion of the Website. Your User Submissions will not contain restricted or password only access pages or hidden pages or images. You will not otherwise violate any laws, third party rights, this Agreement, or our policies. RobsChoice.com reserves the right in its sole discretion and without warning to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in RobsChoice.com's sole discretion, violates this Section 7 or any other aspect of this Agreement, including to report you to law enforcement authorities or third parties that may be harmed by your behavior and to delete your profile and all associated Content and User Submissions.
THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by RobsChoice.com. When you access third party websites, you do so at your own risk. RobsChoice.com encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. RobsChoice.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in or transactions completed on any third party websites. In addition, RobsChoice.com will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Website, you expressly relieve RobsChoice.com from any and all liability arising from your use of any third party website.
TERM
This Agreement shall remain in full force and effect while you use the Website. At any time, you may terminate your use of the Website or your account by following the instructions on the Website. RobsChoice.com may terminate your access to the Website or your membership at any time, for any reason, and without warning.
RobsChoice.com's WARRANTY DISCLAIMER
RobsChoice.com has no special relationship with or fiduciary duty to you. You acknowledge that RobsChoice.com has no control over, and no duty to take any action regarding: which users gain access to the Website; what content you access via the Website and its affiliated services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release RobsChoice.com from all liability for you having acquired or not acquired content through the Website. The Website may contain, or direct you to sites containing information that some people may find offensive or inappropriate. TO THE FULLEST EXTENT PERMITTED BY LAW, RobsChoice.com, ITS SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF (INCLUDING CONTENT AND USER SUBMISSIONS), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER RobsChoice.com NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE. THE WEBSITE IS CONTROLLED AND OFFERED BY RobsChoice.com FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. RobsChoice.com MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOUR INDEMNITY OBLIGATIONS
You agree to defend, indemnify and hold harmless RobsChoice.com and its corporate affiliates, and its and their officers, directors, employees and agents, from and against any and all claims, proceedings, obligations, losses, liabilities, costs, debt, demands, and expenses (including attorneys' fees) arising from: (i) your use of or access to the Website (including Content and User Submission); (ii) your violation of your representations and warranties set forth above or any other terms of this Agreement; (iii) your violation of any third party right, including any trademark, copyright, publicity, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
LIMITATION OF RobsChoice.com's LIABILITY
IN NO EVENT SHALL RobsChoice.com, ITS SUPPLIERS', OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RobsChoice.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL RobsChoice.com, ITS SUPPLIERS', OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMOUNTS IN THE AGGREGATE EXCEEDING ONE HUNDRED DOLLARS (U.S. $100), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RobsChoice.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT RobsChoice.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ASSIGNMENT
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without RobsChoice.com's prior written consent. RobsChoice.com may freely transfer, assign, or delegate this Agreement and any of its rights or obligations hereunder.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind RobsChoice.com in any respect whatsoever. If there is any dispute about or involving the Website, in whole or in part, you agree that the dispute shall be governed by the laws of the State of Florida, without regard to conflict of laws provisions. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts of competent jurisdiction located in Palm Beach County, Florida. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and RobsChoice.com's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. The word "including" and its derivatives are used in an illustrative sense and not in a limiting sense. YOU AND RobsChoice.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
