BroadbandExpert.com Terms of Use

RichWeb Media LLC (“RWM”, “we”, or “us”) operates the web site located at www.broadbandexpert.com COM (the “Site”). RWM makes the Site available to those individuals (“Users”) who access the Site for availability and price comparisons of internet providers, satellite, cable and mobile broadband providers (“Broadband Services”). Users communicate with us through the Site, respond to surveys about the usefulness and value of the Site and its contents, choose the right service for their needs, and receive other information about related products and services, subject to these Terms of Use and Privacy Policy. If you do not agree with any provision of the Terms of Use or the Privacy Policy, please discontinue any access to, or use of, the Site.

BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND THE TERMS PRIVACY POLICY AND ANY OTHER ADDITIONAL TERMS INCORPORATED BY REFERENCE HEREIN. YOU ARE ONLY AUTHORIZED TO USE THE SITE IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS, THESE TERMS AND BY THE TERMS OF THE AGREEMENT. PLEASE READ THESE TERMS OF USE AND THE SEPARATE TERMS OF USE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OR THE TERMS OF USE AGREEMENT, YOU SHOULD LEAVE THE SITE AND IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.

1. Modifications to Terms of Use.

RWM may modify these Terms of Use from time to time, and any such modifications shall be effective upon posting by RWM of the modified Terms of Use on the Site. You agree to be bound by any changes to the Terms of Use when You use the Site after any such modification is posted on the Site. It is therefore important that You review these Terms of Use each time You access Site to ensure that You are aware of any changes or modifications to the Terms of Use.

2. Use of the Site.

A. Lawful Purposes. You represent and warrant that You will not use the Site for any purpose that is unlawful, or prohibited by the Terms of Use, or any law or regulation applicable to You or Your business.

B. License Grant and Restrictions. RWM hereby grants You a limited, non-exclusive, non-transferable, and revocable right to access and use the Site to (1) compare prices and receive information relating to Broadband Services; and (2) utilize the features, content and tools that RWM makes available to You through the Site or otherwise. You shall use the Site, and any RWM Content solely for Your personal use, and for no other purpose whatsoever without the express written consent of RWM. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any of the RWM content on the Site, without limitation, any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted in the Terms of Use does not include any resale or commercial use of the Site, or any product listings, descriptions, or prices. You are also prohibited from creating any derivative works from the Site, or downloading or copying of any account information for the benefit of another person or entity, or any use of data mining, robots, or similar data gathering and extraction tools, except to the extent the Site is indexed by general purpose consumer accessible search engines, including, but not limited to, Google, Yahoo, AOL, MSN, or Bing. RWM reserves the right to suspend or deny, in its sole discretion, Your access to all or any portion of the Site as described below. Any rights in the Site not expressly granted to You in the Terms of Use are reserved to RWM.

For so long as these Terms of Use is in effect, You grant to RWM a non-exclusive, limited, and royalty free license to use Your name and contact information, and to display any other materials, information or content supplied by You to RWM, subject to RWM’s Privacy Policy.

C. Use of Information. Neither the Site, nor any data, information, text, images, or other content accessible on or through the Site may be duplicated, modified, reengineered, decompiled, reverse engineered, decrypted, reassembled, supplemented, translated, adapted, or enhanced, except by RWM or as expressly authorized by RWM in writing. You shall not remove any notice or other indicia of an intellectual property right from the Site. You shall not use, copy, distribute, display, demonstrate, or sub-license the Site, or any other information accessible through the Site, the software related thereto, or any component thereof, except as permitted by the Terms of Use, or as expressly authorized by RWM. The rights granted to You by RWM to use the Site are strictly limited to the rights specified in the Terms of Use and You shall not have any rights to re-license or sub-license access to, or use of, the Site, or any components thereof, to any other person or entity. You acknowledge and agree that You are solely responsible for Your use of the Site and for Your compliance with any laws and regulations relating to such use.

D. Site Security.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

  1. Accessing data not intended for Your use, or logging onto a server which You are not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of the Site or any RWM system or network, or to breach security or authentication measures utilized by RWM on the Site without proper authorization.
  3. Attempting to interfere with RWM’s service to any RWM Account holder, or user of the Site, host or RWM network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing.”
  4. Sending unsolicited email, including promotions and/or advertising of products or services not otherwise expressly authorized or permitted by RWM.
  5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of RWM’s system or network security may result in civil or criminal liability. RWM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users, including You, who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than any search engine and search agents available from RWM on the Site and other than generally available third party web browsers (e.g., Firefox or Microsoft Explorer).

E. Liquidated Damages.

In the event You breach or violate any of RWM’s restrictions on the use of the Site, use the Site in any manner not permitted by the License granted in the Terms of Use, acquire or download any content, data, text or images from the Site without authorization under the Terms of Use or without RWM’s express written permission, or You remove any intellectual property notices from the Site or any content accessible or displayed on the Site without RWM’s express written approval, You agree that RWM’s damages in the event of such unauthorized conduct by You will be difficult to quantify. Therefore, in the event of such a breach, and in addition to Your obligation to immediately commence commercially reasonable efforts to cure any breach, You shall pay RWM as liquidated damages, and not as penalty, the amount of $15,000.00 per occurrence, which liquidated damages shall be in addition to, and not in lieu of, any equitable relief to which RWM may be entitled by reason of You breach of the Terms of Use.

3. Advertising on the Site.

You acknowledge and agree that RWM may, in its sole discretion, place advertisements of, or hyperlinks to, third party products and services available for sale through the Site. RWM shall be entitled to retain all fees, if any, paid by third parties for such advertisements or hyperlinks. Although third party product or service providers may be advertised or listed on the Site, RWM is not responsible or liable if You link to such sites, or purchase any products or services through such sites. Your dealings with the operators of such third party websites are strictly between You and the company operating the site. The RWM Privacy Policy accessible herein www.broadbandexpert.com/privacy-policy only governs Your use of the Site. You are strongly advised to review the terms of use agreements and privacy policies applicable to the use of any third party sites before You interact with such sites, or provide any of Your personally identifiable information to the operators of such sites. RWM expressly disclaims any liability or responsibility to You for Your dealings with the operators of such sites.

RWM DOES NOT MAKE ANY GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES, OR SKILLS OF ANY ENTITIES THAT ARE ADVERTISED ON, OR LINKED TO OR FROM, THE SITE, OR THE QUALITY OF THE PRODUCTS OR SERVICES THAT YOU MAY PURCHASE OR ACQUIRE FROM SUCH ENTITIES. IF YOU PURCHASE SUCH PRODUCTS OR SERVICES, OR ENTER INTO A BUSINESS RELATIONSHIP WITH THE PROVIDERS OR SUCH PRODUCTS OR SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND RISK. RWM DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OR THE OUTCOME OR QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY ANY ENTITY OTHER THAN RWM. SHOULD YOU HAVE A DISPUTE WITH A THIRD PARTY ADVERTISER, YOU MUST ADDRESS THE DISPUTE WITH THAT ADVERTISER DIRECTLY, AND YOU HEREBY AGREE TO RELEASE RWM, ITS EMPLOYEES AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER ON THE SITE.

4. Intellectual Property Protection.

The information displayed on the Site, including, without limitation, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, prices, product and service descriptions, and data compilations, is the property of RWM, any third party from whom RWM acquires products for resale, or other RWM licensors. Such Content is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such materials, other than as permitted in the Terms of Use. Systematic retrieval of data or other information from the Site, or any other RWM service to prepare any collection, compilation, database, or directory is strictly prohibited.

The acronym “RWM”, the name and logo for “Broadband Expert”, the domain at which the Site is located, and any other RWM graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of RWM. RWM’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RWM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RWM or any RWM affiliates without RWM’s express written consent. You may not use any meta tags or any other “hidden text” utilizing RWM’s name or trademarks without the express written consent of RWM.

EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF USE, NEITHER RWM NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS TERMS OF USE.

5. Disclaimer of Warranties.

RWM uses reasonable efforts to provide accurate, complete, and current RWM content on the Site. Nevertheless, RWM does not guarantee or warrant that the RWM content therein is accurate, complete, timely, or free of technical or typographical errors. Pricing and details of Broadband Services are submitted to RWM by the respective providers. RWM is not responsible if there are any inaccuracies or discrepancies with the pricing and details as submitted by the Broadband Services providers.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE SITE, IN ANY RWM CONTENT, IS AT YOUR SOLE RISK. THE RWM CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RWM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RWM DOES NOT MAKE ANY WARRANTY THAT THE RWM CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE, AND THE RWM CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY RWM CONTENT PROVIDED TO YOU, RWM DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RWM CONTENT PROVIDED ON OR THROUGH THE SITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. RWM DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE, INCLUDING ANY ADVERTISER’S SITE. RWM DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE SITE AND OTHER USERS OF THE SITE. INFORMATION OBTAINED BY YOU FROM THE SITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.

6. Limitation of Liability.

YOU SPECIFICALLY AGREE THAT RWM IS NOT LIABLE FOR ANY CONDUCT BY YOU WHILE USING THE SITE. RWM IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY YOUR, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE SITE.

IN NO EVENT SHALL RWM, BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR THE INABILITY TO USE THE SITE, ANY RWM CONTENT, ANY INFORMATION ACCESSIBLE ON THE SITE, FROM ANY MESSAGES RECEIVED THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RWM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU WILL FILE ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OR TO INTERPRET OR ENFORCE THE TERMS OF USE WITHIN ONE (1) YEAR OF RECEIVING THE TERMS OF USE OR BE FOREVER BARRED.

7. Indemnity.

In addition to your duties set forth above, You agree to defend, indemnify and hold harmless RWM, or any of its employees, officers, directors, subsidiaries, parents, affiliates, or agents (the “Indemnified Parties”) from any losses, expenses, damages, judgments, or penalties, including reasonable attorneys fees and litigation expenses incurred at all levels of litigation, whether at trial or on appeal, arising from any allegations by a third party (a “Claim”) that, if proven to be true, would constitute a breach of You representations, warranties or other obligations under the Terms of Use. A Claim subject to this Section shall include any allegations made by a third party or a governmental agency against an Indemnified Party arising from Your use of the Site. In the event of any Claim, the Indemnified Party shall provide You with prompt written notice of such a Claim, and will cooperate with You on reasonable terms and conditions in Your defense of any such Claim. You shall have the right to select legal counsel to defend any Claim, provided that any Indemnified Party shall have the right to engage independent legal counsel at its expense solely for the purpose of monitoring the progress of the defense or settlement of any Claim. You shall have the right to settle or compromise any Claim, provided that the Indemnified Parties shall have the right to consent to any such settlement or compromise that will materially diminish the Indemnified Parties’ rights under this Terms of Use, which consent the Indemnified Parties shall not unreasonably withhold or delay. This indemnification obligation shall survive any termination of Your right to use the Site.

8. Privacy Policy.

RWM respects Your right to privacy and understands that visitors to and Account holders with RWM need to be in control of their personal information. To that end, RWM has developed a Privacy Policy: www.broadbandexpert.com/privacy-policy that governs Your use of the Site and Your RWM Account, and You should review it carefully. Your use of the Site constitutes Your consent to the terms set forth in the RWM Privacy Policy.

9. Termination of Site Access.

You understand and agree that RWM, in its sole discretion, may terminate Your right to use the Site, direct You to cease using the Site, and discontinue or restrict Your access to the Site, all without notice to You and for any reason. You agree that RWM shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site, or any parts thereof.

10. Modifications to the Site.

You understand and agree that RWM may discontinue or change the Site at any time, without notice to You. RWM makes no commitment to update the information and content on the Site. RWM may, as it deems necessary and appropriate, make revisions, upgrades and modifications to the Site from time to time to maintain the general performance and functionality of the Site at no additional charge to You.