These ToU govern your use of Site and all services provided in connection with Site. If you do not agree to the then current ToU, please do not access or otherwise use the Site. These ToU may be updated by us at any time in our sole discretion.
Your continued use of the Site will signify your acceptance of any change in the terms and conditions set forth herein.
We may modify or discontinue the Site with or without notice to you and without liability to you or any third party. Underestimated, LLC is not responsible for the validity of the consumer complaints posted to the site. Underestimated, LLC in not responsible, in any way, for providing, or helping to provide, businesses’ responses to the consumer complaints that are posted on the site, and /or forwarded to businesses.
Complaints posted to InvestingInGold.com are a historical ‘snapshot’ of an ongoing situation, as seen through the eyes and perception of an individual consumer, often with incomplete or inaccurate information at their disposal. The point is, the consumer had a positive intent in writing their message; in helping themselves, in helping other consumers, in helping the subject business provide a better product or service. This positive intent, as perceived by us, is an essential requirement for a consumer to post a message on this site.
2. Access to the Services. Subject to these ToU, we may offer to provide certain services, as described more fully on the Site, and which are selected by you through the process provided on the Site (“Services”), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services we or the Site performs for you, as well as the offering of any content on the Site. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content.
We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. In using the Site you certify to us that you are an individual at least 16 years of age.
You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. These ToU are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of Services, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
You agree that you will not request, contract with, pay, or otherwise attempt to influence any third party to access these services to manipulate or otherwise influence this Website in any manner, including, but not limited to, paying any third party to, or requesting that any third party, vote for any website linked to, reviewed or listed on this Site
2b. Fee-based Services We may offer fee-based service services from time to time. The terms of the services provided are explained in the description of each service when the service is offered. We reserve the right to change or remove a service at any time for any reason. We are not responsible to notify you when a service is changed or removed.
3. Content of Reviews/Opinions/Letters/Messages While you alone are responsible for the content of your messages, and the consequences of any such messages, you agree to abide by the guidelines below.
We reserve the right to “remove your posting” on InvestingInGold.com or “terminate your use” of the Site if we become aware and determine, in our sole discretion, that you are violating any of the following guidelines.
In writing reviews, this Site requires that any information posted by you regarding a company is truthful, factual, and represents an actual incident. Companies are protected by law from false claims against them. Your complaint could be construed as a claim about a company and may be subject to libel laws. Please verify that all information submitted is accurate and factual.
As a user of the Site, you acknowledge that we do not pre-screen or edit user authored content but that we and our designees shall have the right, (but not the obligation) in our sole discretion, to edit or move any content that is available via the Site.
Without limiting the foregoing, we and our designees shall have the right to remove any content that violates the ToU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy and completeness of such content. You acknowledge that we may preserve your content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the ToU, or (c) respond to any claims that the content violates the rights of third parties.
In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, we shall take the actions described in copyright infringement policy pursuant to the Digital Millennium Copyright Act.
You agree that you will not use Site for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You further agree not to use this Site to send or post on message boards or any place on the Site, any message, material or user name that is unlawful, harassing, libelous, defamatory, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, or inaccurate material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation, or encourage the use of controlled substances. We reserve the right to delete any such material from the Site and reserves the right to seek financial compensation from the promoted party/parties for this removal.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Underestimated, LLC. You agree not to post or use the Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. We reserve the right to remove any reviews posted through proxy networks.
4. Ownership of Content The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Unless explicitly stated otherwise, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content located on the Site (“Content”), materials, or Services in whole or in part. Unless explicitly stated otherwise, you may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content, where no express and explicit permission has been granted for other than personal, non-commercial use is strictly prohibited without prior written permission from us, or from the copyright holder identified in such Content’s copyright notice. By submitting content, which shall include your member name, to any “public area” of Site, including message boards, forums, contests and chat rooms or by submitting content for transmission to a third party, you grant us, our affiliates, and the parties to whom such content is addressed a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and any copyright rights, trademark rights, and other intellectual property rights contained therein (collectively, the “Rights”) (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Site retains any and all Rights that may exist in such content.
5. Registration and Password You are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
6. Disclaimer of Warranties We make no representations or warranties about the use, applicability, or performance of the Services or Content made available on the Site. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; 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 Underestimated, LLC from all liability for your having acquired or not acquired Content through the Site.
The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
YOU ACKNOWLEDGE THAT THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. UNDERESTIMATED, LLC MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES PROVIDED BY THE SITE.
We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services. UNDERESTIMATED, LLC IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE SITE.
As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites.
7. Limitation of Liability WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE MALFUNCTION OF THE SITE OR SERVICES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. E-Mail Message Storage We assume no responsibility for the deletion of or failure to store messages to any parties.
9. E-mail Newsletter If you are a registered user and you have elected to receive our newsletter, we make no representation or warranty with respect to the content of any such e-mail newsletter messages or any goods or services which may be mentioned or linked to within our newsletter, and you agree that neither Underestimated, LLC nor such third party shall have any liability with respect thereto.
We reserve the right to charge fees, surcharges and/or membership fees at any time.