This page contains the User Agreement ("Agreement") between you and Consumers Union of United States, Inc. ("CU"), the non-profit publisher of this Consumer Reports Web site (the "Site"). The term "Site" as it is used in this Agreement includes any wireless device optimized version of the Consumer Reports Web site ("Consumer Reports Mobile"). You may wish to print this page for reference.
In this Agreement, "you" and "your" refer to each user of the Site and, in the case of Consumer Reports Mobile and the other Mobile Services described below, the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement.
This Agreement sets forth the terms and conditions for your use of the Site and the Mobile Services. Your use of the Site and/or the Mobile Services constitutes your agreement to these terms and conditions.
CU grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the Mobile Services and the materials provided thereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site and the Mobile Services are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or the Mobile Services or any part of them in any way.
Service Charges and Payment.
CU may charge you fees for certain products or services offered for sale through our Site or the Mobile Services. Certain Site and Mobile Services products and services are available only through the purchase of a subscription ("Subscription-Based Services") or other type of paid access. The terms for the Mobile Services are described in Section 15, below. The terms for CU's other Subscription-Based Services are described in this Section 2. If you are getting monthly access to ConsumerReports.org through a Gathr service then your subscription terms are governed by the Gathr Terms and Conditions.
Some Subscription-Based Services, at your option, may be billed either monthly or once annually. In order to provide you with uninterrupted service, most of our online Subscription-Based Services and print subscription products, like Consumer Reports and ShopSmart magazines (when purchased online) renew automatically at the end of the applicable subscription period at the rate then in effect. We alert you at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, CU will automatically charge your payment card for an auto-renewing subscription unless you cancel your subscription by going to your "My Account" page, logging in with your username and password, and then selecting "cancel subscription." The "My Account" page can be accessed through a link on the home page. Annual subscribers will be sent a reminder notice before the expiration of your subscription term that alerts you to the upcoming subscription renewal charge.
(a) You agree to pay, using a valid payment card which CU accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the monthly or annual subscription charges to access the Subscription-Based Services. CU reserves the right to increase fees and surcharges, including fees for Subscription-Based Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you based on contact information you provide in your "My Account" page. Notwithstanding the foregoing, if you purchase a Subscription-Based Service or print subscription product on an annual basis, your rate remains in effect throughout the subscription year, and is subject to increase only for subsequent subscription years. If you purchase a Subscription-Based Service on a monthly basis, the rate for that Subscription-Based Service is subject to change at any time for subsequent months, effective upon prior notice to you.
(b) Unless you take action to cancel your auto-renewing subscription through one of the methods described below, CU will automatically charge your payment card listed in your account to renew your Subscription-Based Services and certain print subscription products available for purchase through our Site. CU will send you a reminder about the renewal, which will contain the applicable subscription rate, to the email address provided in your account before your payment card is charged. In the event CU cannot charge the payment card listed in your account, we reserve the right to terminate your access to the Subscription-Based Services or print subscription product purchased through our Site.
(c) You may cancel your subscription and non-subscription Site services at any time subject to the following terms:
- If you purchase a one-year Subscription-Based Service, which is billed once annually at the time you subscribe, you may cancel at any time during that subscription year by logging in to your "My Account" page and selecting "cancel subscription." Upon cancellation, CU will refund the remainder of your subscription fees on a pro-rata basis that will cover the unused months of your subscription. Partial months will not be refunded. Your access to a Subscription-Based Service, with the exception of our Cars Best Deals Plus service, will terminate on the next monthly anniversary of your subscription date. For example, if you subscribed on January 15 and cancel on May 10, your access will terminate on May 15 and you will obtain a refund for the period May 15 - January 14. If you purchase a one-year Subscription-Based Service other than our Cars Best Deals Plus service and would like to cancel effective as of the end of your annual subscription period instead of immediately, you may do so by calling us at any time at 1-800-333-0663 or by writing to us at Subscription Services, P.O. Box 5788, Harlan, IA 51593-1288.
- Different cancellation terms apply when you subscribe to both the ConsumerReports.org and Cars Best Deals Plus Subscription-Based Services because canceling your ConsumerReports.org subscription automatically cancels your Cars Best Deals Plus subscription. When you cancel your ConsumerReports.org subscription, your access to the ConsumerReports.org and Cars Best Deals Plus subscriptions will terminate on the same date. In cases where you subscribed to the ConsumerReports.org and Cars Best Deals Plus services on different dates, that termination date for both services will be the later of (1) the next monthly anniversary of your ConsumerReports.org subscription or (2) the next monthly anniversary of your Cars Best Deals Plus subscription. Upon cancellation, CU will refund the remainder of your subscription fees for the two services on a pro-rata basis that will cover the unused months of your annual subscriptions. Partial months will not be refunded.
- If instead of canceling your ConsumerReports.org subscription, you only stop its automatic renewal, your access to your ConsumerReports.org subscription will terminate on its next annual anniversary date and your access to the Cars Best Deals Plus subscription will terminate on its next annual anniversary date unless your ConsumerReports.org annual anniversary date falls before your next Cars Best Deals Plus annual anniversary date. In these circumstances, CU will cancel your Cars Best Deals Plus subscription and your access to both services will terminate on your next Cars Best Deals Plus monthly anniversary date after your ConsumerReports.org annual anniversary date. For example, if you subscribe to the ConsumerReports.org service on July 15, 2010 and to the Cars Best Deals Plus service on October 20, 2010 and you stop the auto-renew feature for the ConsumerReports.org service, then your ConsumerReports.org service and your Cars Best Deals Plus service will both terminate on July 20, 2011 and you will receive a pro-rated refund for the unused months of your Cars Best Deals Plus subscription. Partial months will not be refunded.
- If instead of canceling your Cars Best Deals Plus subscription you only stop its automatic renewal, your access to your Cars Best Deals Plus subscription will terminate on its next anniversary date and your ConsumerReports.org subscription is unaffected. For example, if you purchased a ConsumerReports.org subscription on July 15, 2010 and a Cars Best Deals Plus subscription on September 24, 2010 and you stop the auto-renew feature of Cars Best Deals Plus on October 20, 2010, your Cars Best Deals Plus subscription will expire on September 24, 2011. If, however, your subscription to the ConsumerReports.org service will terminate before your Cars Best Deals Plus anniversary date, then your only option is to cancel your Cars Best Deals Plus subscription. That cancellation takes effect on the next monthly anniversary of your Cars Best Deals Plus subscription. Your ConsumerReports.org subscription will be extended (if necessary) to that date and you will receive a pro-rated refund for the unused months of your Cars Best Deals Plus subscription. Partial months will not be refunded. For example, if you purchased a ConsumerReports.org subscription on July 15, 2010 and a Cars Best Deals Plus subscription on September 24, 2010 and you stop the auto-renew feature of Cars Best Deals Plus on October 20, 2010 AND cancel your ConsumerReports.org subscription on April 1, 2011, your ConsumerReports.org access would be extended from April 15 through April 24 and your ConsumerReports.org access and Cars Best Deals Plus access would both terminate on April 24, 2011. You will receive a pro-rated refund for the unused months of your annual ConsumerReports.org and Cars Best Deals Plus subscriptions. If, alternatively, you stop the auto-renewal of your ConsumerReports.org subscription on April 1, 2011 (instead of canceling it), then your ConsumerReports.org and Cars Best Deals Plus subscriptions would end on July 24, 2011 and you would received a pro-rated refund for the unused months of your Cars Best Deals Plus subscription.
- If you purchase a monthly Subscription-Based Service, which is billed monthly, you may cancel at any time by logging in to your "My Account" page and selecting "cancel subscription." Partial months will not be refunded. Upon cancellation, your access to an online Subscription-Based Service will terminate on the next monthly anniversary of your subscription date. For example, if you subscribed on December 15 and cancel on December 28, your access will terminate on January 14. Access will terminate immediately for users that have canceled their ConsumerReports.org registration through Gathr.
- In addition to canceling a Subscription-Based Service (annual or monthly) through your "My Account" page, you may also write to us at Subscription Services, P.O. Box 3900, Peoria, IL 61612 for Cars Best Deals Plus, and for all other Subscription-Based Services to Subscription Services, P.O. Box 5788, Harlan, IA 51593-1288. Alternatively, you can call us at the following toll-free numbers: 1-866-908-8286 for Consumer Reports Health only, 1-800-279-5658 for Cars Best Deals Plus only, and 1-800- 333-0663 for all other Subscription-Based Services.
- If you purchase a print subscription product online, you may cancel at any time during the subscription year by following these steps: go to the "My Account" page, click Access Account, enter your Login information (you'll need your magazine or newsletter account number listed on your publication issue, your last name and your security code), click Edit Account, and select "Cancel." Upon cancellation, CU will refund you the remainder of your subscription fees on a pro rata basis for the print issues which have not yet been mailed to you.
- The Cars Best Deals Plus service is a separate annual Subscription-Based Service available only to ConsumerReports.org annual fee-paying subscribers. If you purchase the Cars Best Deals Plus service, you may cancel at any time by logging in to your "My Account" page, selecting "ConsumerReports.org Cars Best Deals Plus" from the product menu, and then selecting "cancel subscription." Upon cancellation, CU will refund the remainder of your Cars Best Deals Plus service subscription fees on a pro-rata basis that will cover the unused months of this subscription. Partial months will not be refunded. Your access to the Cars Best Deals Plus service will terminate on the next monthly anniversary of your subscription date for this product. In addition to cancelling the Cars Best Deals Plus service through "My Account," you may also call us at 1-800-279-5658 or write to Consumer Reports at P.O. Box 3900, Peoria, IL 61612.
- If you purchase a New or Used Car Price Report and elect to receive it online through the tool permitting thirty-day access to the report you select, you may cancel at any time by calling 1-800-279-5658 or by writing to Consumer Reports at P.O. Box 3900, Peoria, IL 61612. The purchase price will not be refunded.
(d) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including the Subscription-Based Services.
(e) For purposes of identification and billing, you agree to provide CU with accurate, complete, and updated information required when purchasing a product or service on our Site, including registering for a Subscription-Based Service ("Registration Data"). Registration Data may include your name, address, telephone number(s), email address and applicable payment card data (e.g., payment card number and expiration date). You may check your "My Account" page to determine whether your Registration Data is current and accurate. You may update your Registration Data at any time through the My Account feature by clicking the My Account link located at the top of the ConsumerReports.org home page and logging in with your username and password. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at CU's option, result in immediate suspension or termination of your right to use our Site, including the Subscription-Based Services.
(f) You agree to promptly update your Registration Data in your "My Account" page if you know of or suspect unauthorized use of your Subscription-Based Service or other Site service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment card information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your payment card expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription-Based Service or other Site service is subject to use without your authorization, go to your "My Account" page to update your Registration Data or call Customer Service at (800) 333-0663.
Copyright and Trademarks.
All materials available on the Site and through the Mobile Services, including without limitation text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings, (collectively, the "Content") are owned or controlled by CU or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site or the Mobile Services, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of CU.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of CU or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of CU or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Consumers Union;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that Consumers Union sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
CONSUMERS UNION®, CONSUMER REPORTS®, and other related marks used on this Site and in the Mobile Services are registered trademarks of Consumers Union of U. S., Inc. in the United States and other countries.
Forums and Communications; License.
CU may make available to users of the Site e-mail notices, newsletters, chat rooms, message boards, bulletin board services, user product reviews and ratings tools, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). CU and its Affiliates do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to the Site, you grant CU an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to CU. You hereby waive all rights generally known as "moral rights" in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.
You acknowledge and agree that any Communications, including Reviews described in Section 8, made to or by means of any Forum are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and CU by reason of your transmitting a public Communication to any Forum on the Site.
Communicating on or to the Site.
CU cannot review all Communications made on or through the Site. However, CU reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof) which CU in its sole discretion deems inappropriate, offensive or contrary to any CU policy, or that violate this Agreement.
To help CU maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations;
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) impersonates another person or entity, or that collects or uses any information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site.
Additional terms and conditions apply to the Review Tool Forum described in Section 8 of this Agreement.
You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by CU in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
User Product Reviews and Ratings.
The Consumer Reports.org Site offers subscribers a Forum consisting of a third-party product review and ratings tool ("Review Tool"), whereby subscribers may submit reviews and ratings of products (collectively, "Reviews") and/or read reviews and ratings of products submitted by other Site subscribers.
BY ACCESSING, BROWSING OR USING THE REVIEW TOOL ON THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE REVIEW TOOL, INCLUDING THE SUBMISSION OF ANY REVIEWS.
You are solely responsible for all Reviews that you upload, post, email or otherwise transmit via the Review Tool.
Liability Disclaimer for Reviews. CU is not liable for any statements, representations, descriptions, comments, or opinions provided by subscribers in Reviews posted on the Site. Reviews are displayed for entertainment and informational purposes only. CU cannot guarantee the accuracy, integrity, or quality of Reviews. Under no circumstances will CU or any third-party providers of the Review Tool be liable in any way for any Review, including, but not limited to, any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of the Review Tool or the use of any content posted in a Review.
With respect to your conduct while using the Review Tool, you agree not to:
- attempt to disguise the origin of any content transmitted to the Review Tool;
- act in any manner that could negatively affect other users' ability to use the Review Tool;
- impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post or otherwise transmit any content that:
- is not relevant to the product, service, person or entity being reviewed or rated;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
In addition to the grant of rights described in Section 4 above, by transmitting Reviews to the Site via the Review Tool, you hereby grant CU the right to use on the Site the user name, identifier, or any portion thereof, submitted in connection with such Reviews, if CU so chooses.
You further represent and warrant that (i) the Reviews you submit are either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) CU shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.
Once Reviews are submitted to the Site, CU may take any or no action with respect to such Reviews, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at CU's sole discretion. CU may use your user name and geographical location to attribute authorship of Reviews to you.
Waiver of "Moral Rights". If it is determined that you retain "moral rights" (including rights of attribution or integrity) in the Reviews in spite of the waiver of moral rights described in Section 4, you agree and warrant that (a) you do not require that any personally identifying information be used in connection with the Reviews; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Reviews on the Site; and (c) you forever release CU and its successors and assigns, from any claims that you could otherwise assert against them by virtue of any such moral rights.
System and Network Security and Integrity. You are prohibited from violating the security of any system or network comprising the Review Tool. Such violations may result in criminal and civil liability.
Enforcement. Notwithstanding anything to the contrary in this Agreement, CU reserves the right to investigate any misuse of the Review Tool, or its systems, equipment or network. CU reserves the right to screen, edit, modify, remove or disable access to any content that violates these provisions or that CU deems objectionable. CU reserves the right to screen Reviews for standard errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.). Without limitation of the foregoing, CU reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that CU suspects has violated any law or regulation. CU also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
Health Content and Usage
The Site and the Mobile Services contain educational information concerning health and safety, diet and nutrition advice, exercise and fitness, and information about treatments and drugs, including alternative medicines. This information is intended for you to use in discussions with your physician or other qualified health care provider. CU encourages you to print out the information contained in this section of our Site for discussion with your health care provider. Please note that health or nutrition-related content is for educational use only and is not a substitute for professional medical advice, diagnosis or treatment. Unfortunately, CU cannot help you with individual medical questions. Always seek the advice of your physician or qualified health provider with any questions you may have regarding a medical condition. Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on our Site.
CU follows a rigorous editorial process to ensure that health-related information available via our Site and Mobile Services is accurate and describes generally accepted clinical practices. If CU finds, or is alerted to an error, we will correct it as quickly as possible. If you notice an error contained in any health-related content, please notify us by sending an e-mail to firstname.lastname@example.org.
Notice of Copyright Infringement
We intend that all content provided on our Site and the Mobile Services respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below.
You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) ("Notice") to the agent we have designated with the Copyright Office:
To comply with the Copyright Act, your Notice must be in writing and must include:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice ("Counter-Notice") that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
(i) A physical or electronic signature of the alleged infringer;
(ii) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
(iv) The alleged infringer's name, address, and telephone number; and
(v) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
Please note: the email address of our Designated Agent is intended specifically for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512. It is not intended for the general inquiries and permission requests concerning the use of our content. If you wish to request permission to reproduce any of our content, please click here. If you have general inquiries, please click here to be redirected to the FAQ section of our Site.
As part of the registration process for Subscription-Based Services and certain other features, like Forums, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Subscription-Based Services and other products and features, and agree that CU will have no obligations with regard thereto.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site or the Mobile Services, including the Reviews, is at your sole risk. CU reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or Mobile Services, or to deny access to the Site or Mobile Services to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that CU is not responsible for any materials posted by users of the Site or Mobile Services. Prior to purchasing any third-party products or services described on the Site or Mobile Services, you are advised to verify pricing and other information. Neither CU nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site or Mobile Services.
No-Commercial Use Policy.
You agree to use the Site, Forums and products and services you purchase through out Site, including the Subscription-Based Services, and the Mobile Services only in a noncommercial manner and in compliance with CU's No-Commercial Use Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation to any Forum) or through the Mobile Services any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us: Write to Consumers Union, Dept. WJW, 101 Truman Ave., Yonkers, NY 10703-1057.
CONSUMERS UNION NO-COMMERCIAL USE POLICY
Published information from Consumers Union, including our Ratings and Reports, is intended solely for the benefit of our subscribers and other consumers, in order to help them make informed choices and decisions about consumer products, services, and other consumer matters. Such information may not be used by others in advertising or to promote a company's products or services. In addition, this policy precludes any commercial use of any of Consumers Union's published information in any form, or of the names of Consumers Union®, Consumer Reports®, or any other of Consumers Union's publications or services, without our express written permission.
Links to Other Sites.
Our Mobile Services include the following products and services accessible via your mobile phone or similar wireless device: (a) the ability to access Consumer Reports Mobile; (b) the ability to receive and reply to messages and to send content and messages using text messaging; and (c) downloadable mobile applications. In addition to the other general terms and conditions set forth in this Agreement, the following provisions apply specifically to the Mobile Services:
(a) In order to access the Mobile Services, you must have a mobile communications device with paid access to a participating carrier and otherwise have access to a mobile communications network through which the applicable Mobile Services are made available, and any carrier services, such as a data plan, necessary to both access and download content and engage in messaging services.
(b) In addition to any fees payable for our Mobile Services, your mobile communications carrier's normal messaging, data and other rates and fees will apply to your use of the Mobile Services. You should check with your carrier to find out what plans are available and how much they cost. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device.
(d) You agree that in connection with the Mobile Services for which you are registered, CU may send communications to your mobile device. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number. Subscribers of our Site's Subscription-Based Services may update their mobile number information through My Account available via the Site. If you subscribe solely to one or more Mobile Services, please contact us at (866) 309-7511 to update your mobile number.
(e) You represent and warrant to CU that you are an authorized user of the mobile devices providing access to the Mobile Services and that you are authorized to enter into this Agreement on behalf of the subscriber of the mobile communications carrier for the device.
(f) You acknowledge and agree that any downloads made available as part of the Mobile Services are owned by CU, its affiliates, and/or licensors, as applicable, and are protected by intellectual property laws. CU hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right to download and use the object code version of the download(s) and the corresponding Mobile Services on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile content accessed or downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded on your mobile device. You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Services.
(g) When you purchase Mobile Services from CU, the applicable fees will be billed through your mobile communications carrier and will appear on your mobile phone bill. You agree to pay your mobile communications carrier for any and all fees associated with the Mobile Services you purchase. From time to time, CU may change the fees associated with certain Mobile Services. Any such changes are applicable only to future Mobile Services purchases you make.
(h) To cancel a subscription Mobile Service, send a text message with one of the following words in the body of the message: "STOP" "END" or "QUIT" to the originating shortcode of any text message sent by that Mobile Service or any other number as may be designated on the Site. You may also send an email to email@example.com or call (866) 309-7511 for assistance in canceling your subscription Mobile Service. Opt out information is available at any time by sending a text message with the word "HELP" in the body of the message to the originating shortcode of any text message sent by the Mobile Service. Any such termination will become effective immediately. You may be required to contact your mobile communications carrier to fully unsubscribe from a Mobile Service. If an unauthorized purchase was made of either daily or monthly access to Consumer Reports Mobile, please contact us at (866) 309-7511 or email us at firstname.lastname@example.org and we will refund the daily or monthly charge, as applicable. Please note that any charges to your wireless carrier account or your credit or debit card associated with downloadable mobile applications, text messaging and data usage are not refundable.
(i) You agree that CU, at its sole discretion, may at any time terminate your use of the Mobile Services if CU believes that you have violated with this Agreement. You agree that upon termination of your access to the Mobile Services under any provision of this Agreement, CU may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Mobile Services. Further, you agree that CU shall not be liable to you or any third party for any termination of your access to the Mobile Services. If you cancel your account or subscription plan for any reason, CU will not refund any of your fees paid to date, except as expressly provided in this Agreement.
(j) If you have questions about the Mobile Service you ordered, please contact us at (866) 309-7511 or email us at email@example.com.
You represent and warrant to CU that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site and/or the Mobile Services in accordance with this Agreement.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Subscription-Based Services or any Mobile Services. You agree to be financially responsible for all usage or activity on your Subscription-Based Services or Mobile Services account.
You hereby agree to indemnify, defend and hold harmless CU and its Affiliates from and against any and all liability and costs incurred by CU or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. CU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CU.
DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MOBILE SERVICES AND THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE." CU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES OR MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SUBSCRIPTION-BASED SERVICES OR MOBILE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CU AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY.
USE OF THE SITE AND THE MOBILE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE AND THE MOBILE SERVICES.
UNDER NO CIRCUMSTANCES SHALL CU OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR CU OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, THE SUBSCRIPTION-BASED SERVICES OR THE MOBILE SERVICES, EVEN IF CU, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF CU AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION-BASED SERVICES AND THE MOBILE SERVICES. YOU HEREBY RELEASE CU AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth herein, CU may cancel or terminate this Agreement at any time. CU also reserves the right to restrict, suspend or terminate your access to the Site and/or the Subscription-Based Services and the Mobile Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If CU terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, CU reserves the right to refuse to provide access to the Site, the Mobile Services or any Subscription-Based Services to you in the future.
(a) To the Agreement.
CU has the right to modify this Agreement and any policies affecting the Site and the Mobile Services, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail, conventional mail or text messaging (in the case of Mobile Services users). Your continued use of the Site or Mobile Services following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of CU in providing the Site or the Mobile Services, including without limitation:
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Subscription-Based Services or print subscription products purchased through our Site,
is to cancel your subscription in accordance with instructions provided in Section 2 above.
(b) To the Site and/or Mobile Services.
CU has the right to modify, suspend or discontinue the Site, the Mobile Services or any portion thereof at any time, including the availability of any area of the Site and the Subscription-Based Services and the Mobile Services. CU may also impose limits on certain features and services or restrict your access to parts or all of the Site or Mobile Services without notice or liability.
This Agreement constitutes the entire agreement between you and CU with respect to the Site and the Mobile Services and, if applicable, your purchase of CU's products and services offered through this Site and the Mobile Services (including the Subscription-Based Services), and supersedes all prior agreements between you and CU. Failure by CU to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of New York (excluding its choice of law rules). In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.