To use this service, you must be at least 18 years old.
www.WhoZaGood.com ("WhoZaGood" or the "Website") is an integrity-based review site for consumers and service providers/businesses. WhoZaGood is operated by:
#193 16 Midlake Blvd. SE
CANADA T2X 2X7
Questions/comments regarding editorial issues should be sent to: info@Whozagood.com
This is a legal agreement ("Agreement") between you and WhoZaGood, Inc. ("WhoZaGood"). Please read the Agreement carefully before using the Website or registering for WhoZaGood.com. By using the Website or registering for WhoZaGood.com, you agree to be bound by the terms and conditions of this Agreement (the "Terms"). If you do not agree to the Terms, you are not permitted to use WhoZaGood.com.
Persons who are under 18 years old may not register for WhoZaGood.com. By registering with WhoZaGood.com, you represent and warrant that you are at least 18 years old.
WhoZaGood reserves the right to immediately suspend or terminate your registration with WhoZaGood.com, without notice, upon any breach of this Agreement by you which is brought to WhoZaGood's attention.
Your registration with WhoZaGood.com is for your sole, personal use. You may not authorize others to use your user identification and password, and you may not assign or otherwise transfer your account to any other person or entity.
Ownership of Materials
The content on WhoZaGood.com is either licensed to or owned by WhoZaGood and may contain proprietary information of Acxiom Corporation and/or other third parties. The content is protected under U.S. Copyright law and international treaty provisions and is licensed to you for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.
You are solely responsible for all content or information you publish or display (hereinafter, "post") on WhoZaGood.com.
A business may not rate their competitors or themselves. Ratings can only be made by consumer accounts.
You may only rate a business if you personally have used the services of that business within three years of the date of the review.
You may not rate a business with which you are affiliated, employed or otherwise associated.
If you are a consumer, you may not accept money or any compensation from a business for providing a review. If you are a business, you may not offer to pay or pay money or any compensation to a consumer for providing a review/rating.
By posting information on WhoZaGood.com, whether as a consumer or a service provider, you warrant and represent that the information is complete, truthful and accurate.
You agree that if you post a photograph on the Website, you are the photographer or have permission from the photographer to post the photograph. You agree that if you post video on the Website, you are the videographer or have permission from the videographer to post the video.
You agree than any content you post on WhoZaGood will be your own original content and not copied from anyone else or anywhere else. You will NOT post on WhoZaGood.com any defamatory or illegal material or any material that infringes or violates another party's intellectual property rights. You will use WhoZaGood.com in a manner consistent with any and all applicable laws and regulations.
You will not post, distribute or reproduce in any way any copyrighted material, logos, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law.
While we do not and cannot review every comment posted by users of the Website, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove any content, including defamation, profanity, obscenities, threats of physical violence or damage to property, and private financial information such as social security numbers and credit card information.
You will not:
- misrepresent the quality or characteristic of any service that you offer;
- misrepresent who you are or impersonate another person;
- engage in any activity on the Website that restricts or inhibits any other user from using or enjoying the Website such as "hacking," "hijacking," "cracking," "spoofing," or defacing any portion of the Website;
- harvest or collect information about Website visitors or members without their express consent;
- use the Website to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
- create a database by systematically downloading and storing Website content;
- frame or mirror any part of the Website without our prior written consent;
- interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
Opinions, advice, statements, offers, or other information or content made available through WhoZaGood.com are those of their respective authors and not of WhoZaGood. Such authors are solely responsible for the accuracy of such content.
Since this is a “crowd sourced” site, WhoZaGood cannot and does not guarantee the accuracy, completeness, or usefulness of any information on WhoZaGood.com and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will WhoZaGood be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on WhoZaGood.com.
We reserve the right to change these Terms of Service at any time. We will announce any changes by posting a revised draft of these Terms of Service on the Website. You can determine when these Terms of Service were last revised by referring to the "Last Updated" information contained herein. By continuing to use the Website following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Service periodically to be aware of any such changes. Your use of certain services on the Website may be governed by additional rules, which will be available on the Website. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.
We also reserve the right, at any time, to: change or discontinue any content or feature of the Website or any services or products made available through the Website without notice; charge fees in connection with the use of the Website – you will not be charged any fees without your acceptance of those fees; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that we will not be liable for any modification, suspension or discontinuance of the Website or of any service, content, feature or product offered through the Website. Your continued use of the Website after such changes will indicate your acceptance of such changes.
Proprietary Rights/Grant of Irrevocable Rights
By posting information or content to any public area of WhoZaGood.com, you automatically grant, and you represent and warrant that you have the right to grant, to WhoZaGood an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Disclosure of Information Supplied by You
- Member Profile Protected: Keep profile completely private
- Partial Disclosure: Show first name, last initial, city and photo
- Full Disclosure: Show first name, last name, city, photo plus link to profile
Before posting any content on WhoZaGood.com, you must register as either a consumer member or a service provider member. While basic search features of the Website are available to the public without registration, certain enhanced search features require membership and payment of the applicable fee.
Business membership is free. In addition to free basic membership for service providers, WhoZaGood offers a Connect Basic (Pay-As-You-Go) Plan, Connect + Plan and a Connect Silver Plan for a fee.
If you register as a service provider, whether under the basic plan or a paid upgrade, you are required to provide complete and accurate disclosure of the information requested in the application form. To create or update a business membership account, you must be the owner or an authorized employee or representative of the business. A business may not have more than one listing unless expressly authorized by WhoZaGood.
If WhoZaGood determines, in its sole discretion, that you have violated any provision of these Terms, it will terminate your membership. Membership fees are non-refundable even if membership is terminated before the end of the paid-for term.
Membership fees are non-refundable even if you discontinue your membership before the period that you paid for has expired. WhoZaGood reserves the right to increase membership fees at any time. Impacted members will be notified in advance, and given the option to terminate their membership, if they object to the increased fees, and prefer instead to terminate their membership.
When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify WhoZaGood of any unauthorized use of your password or account or any other breach of security. WhoZaGood cannot and will not be liable for any loss or damage arising from your failure to secure your account and password, including but not limited to selecting a password that is easily compromised. You are not allowed to use another customer's account without that customer's permission. Unless previously notified otherwise, we will assume that anyone visiting the Website with a correct account and password combination is an authorized user of that account.
By registering with WhoZaGood, you represent that you are of legal age and capacity to enter into a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using the Website.
Disclaimer of Warranty
WhoZaGood provides the Website on an "as is" basis and grants no warranties of any kind, express, implied, or statutory, in connection with WhoZaGood.com or in connection with any communication with WhoZaGood or its representatives, or otherwise with respect to WhoZaGood.com. WhoZaGood specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. WhoZaGood does not warrant that WhoZaGood.com's connection to the internet will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in WhoZaGood.com will be corrected.
From time to time the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control or which are not reasonably foreseeable.
Limitation of Liability
In no event will WhoZaGood be liable: (i) to you for any incidental, consequential, or indirect damages arising out of the use of or inability to use WhoZaGood.com, even if WhoZaGood or its agents or representatives know or have been advised of the possibility of such damages or: (ii) to any person other than you. In addition, WhoZaGood disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of WhoZaGood.com.
State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You agree that Arizona law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Arizona, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of Arizona in connection with WhoZaGood.com or this Agreement. The failure of WhoZaGood to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of WhoZaGood or You to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement, accepted upon registering for WhoZaGood.com, contains the entire agreement between you and WhoZaGood regarding the use of WhoZaGood.com. This Agreement may only be amended upon notice by WhoZaGood to you, or by a writing signed by you and an authorized official of WhoZaGood. Unless otherwise explicitly stated, the Terms will survive termination of your registration with WhoZaGood.com. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Copyright Policy/Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement/DMCA Notices
We will terminate the privileges of any user who uses WhoZaGood.com to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to WhoZaGood.com, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights of third parties.
If you believe that your copyright has been infringed through the use of WhoZaGood.com, please contact our designated agent for receipt of DMCA notices at:
Maria Crimi Speth Jaburg & Wilk, P.C. 3200 N. Central Ave., Suite 2000 Phoenix, AZ 85012 email@example.com
Last updated: March 5, 2014