Updated 8/18/2008
Questions?
email@what-customers-say.com
By accessing or in any way using the Web site located at www.what-customers-say.com (the "Site"), you agree to these Terms & Conditions of Service, the Privacy Policy posted at
http://www.what-customers-say.com/privacy.php (the "Privacy Policy") and any other guidelines, rules and terms referenced herein (collectively the "Terms "). Read the Terms carefully. Your access to or use of the Site constitutes your acceptance of the Terms. If you are not willing and able to be bound by the Terms, immediately cease use of the Site. Violation of terms can lead to legal liability.
These Terms shall be construed according to Canadian Law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, Site Content, the use of the Site or products or services purchased using this Site shall be resolved entirely and wholly by the provincial courts of Alberta, Canada. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute or other issue arising from the use of the Site.

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Definitions of terms used repeatedly in the Terms
A "User" is anyone who accesses, browses, crawls, scrapes or in any way uses the Site, including but not limited to you and others who may read or write reviews about real estate agents ("Agent") or other professional services ("Professional") listed on the Site.
An "Agent" is anyone who is a real estate agent in Canada, the United States and other countries, including but not limited to subscribing members of the Site who have created an account and pay or do not pay for services made available to Agents on the Site.
A "Professional" is anyone who fits into the category of Agent, broker, bank, trustee, lawyer, barrister, solicitor, contractor, freelancer or other group offering a professional service to the public and who may or may not be an Agent or a User of the Site but who Users may review on the Site.
The "Services" means the services and functionality made available to Users and Agents on the Site.
"Content" means information, compilations, communications, images, photographs, graphics, audio and videos.
"Your Content" means Content that you submit, post or transmit to or using the Site, including but not limited to the ratings, reviews, compliments, information that you display as part of your account profile, invitations or other commentary that you may submit, post or transmit to or using the Site. Your Content does not include personally identifiable information that you submit when creating an account on the Site (which personal information is subject to our Privacy Policy).
"User Content" means the Content that any User of the Site may submit, post or transmit to or using the Site. This includes but is not limited to Your Content.
"WCS Content" means Content that is created by What-Customers-Say.com of Mill Springs Technology Corp. ("WCS") and made available on the Site.
"Third-Party Content" means Content that is made available on the Site by parties other than WCS or the Users, including but not limited to data providers who license data to WCS for use on the Site.
"Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third-Party Content and WCS Content.
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Are you eligible to access or use the Site?
You must be at least 18 years old to use the Site. Also, you may not use the Services or accept the Terms if you are not of legal age to form a binding contract, or you are prohibited by law from using the Site and its Services.
By accessing or using the Site, you warrant that you have the right, authority and faculty to enter into the Terms and to abide by all of the terms and conditions of service set forth in this document. If you access or use the Site on behalf of a company, body or organization, you warrant that you are an authorized representative of such company, body or organization with the authority to bind it to the Terms.
We regularly make changes to the Terms of the Site.
WCS may modify the Terms at any time. When these changes are made, WCS will notify Users and Agents by posting a new copy of the Terms on this page. WCS will clearly specify at the top of this page the date that the Terms were last revised. Any such revision will be in force as of the date of the posting of the new Terms by WCS.
Your sustained use of the Site after any posted revision to the Terms indicates your acceptance of the Terms with revisions. Unless expressly stated otherwise by WCS, any new Services or Site Content implemented after your initial access to the Site shall be subject to these Terms. Any existing Services or Site Content may also be subject to these Terms.
There's a difference between the types of accounts on the Site.
To access or use the Services of the Site, you may be required to create an account, indicating registration with the Site, and to provide some information about yourself and/or your team and/or your company and/or your real estate listings to WCS. Your responsibilities and agreements include the following:
- You are solely responsible for maintaining the secrecy of any passwords that you create in connection with the Site.
- You are solely responsible for all activities and events that occur in connection with your account, including all reviews posted and/or revised and all services purchased.
- You agree that you will notify WCS immediately of any unauthorized use of your account.
WCS reserves the right to close your account at any time for any or no reason. WCS reserves the right to check your account regularly and in keeping with the Privacy Policy to ensure your account is in keeping with the Terms.
There are two types of accounts that Users and/or Agents may create on the Site:
- A "Personal Account" is an account for your personal, non-commercial use only, used primarily by Users. Your Personal Account may be used (among other things) to submit, post and transmit reviews, ratings and messages or other types of User Content. In creating or updating a Personal Account, WCS encourages you to provide complete and accurate information about yourself in order to highlight your credibility as an Agent reviewer on the Site, though you may choose not to provide information that makes you personally identifiable. In the event of a conflict between an Agent and a User who has reviewed said Agent, WCS may contact you, the User, at the email address you provided to the Site during account creation to request release of part or all of your personal information to validate the review. If you do not respond to the email within 48 hours' time, WCS will not release your information; however, WCS may pull down your review from the Site in keeping with requests that meet these Terms and the Privacy Policy. It is the responsibility of the User to provide an accurate email address that WCS can use to contact you directly.
Users may not impersonate someone else (e.g., adopt the identity of another person or impersonate a real estate agent, living, deceased or fictional), provide an inaccurate email address, especially an email address that is not your own, or create manifold Personal Accounts.
- A "Professional Account" is an account for use on the Site for a business or professional service firm that is listed on the Site. In creating or updating a Professional Account, you must be an allowed representative of the professional service firm in regard. You must also provide complete and accurate information about both yourself and the professional service firm you represent. You may not provide an email address that is not your own or create multiple Professional Accounts for the same business, except in cases where the "business" includes multiple members of a team of professional service providers or Agents, each of whom requires his or her own Professional Account and a rendered profile page with as many details as purchased and/or offered in the free trial.
Creation of a Personal Account or a Professional Account that is not true or accurate but is instead fraudulent will be treated accordingly. WCS reserves the right to use Cookies and/or contact your Internet Service Provider ("ISP") to ban fraudulent users from accessing or using the Site.
What you can do when using or accessing the Site.
Subject to the restrictions set forth in the Terms, WCS allows you the User or the Agent permission to access and use the Services of the Site, including but not limited to the ability to:
(a) search for local business or professional service firms and services,
(b) read, write and share reviews about local businesses or professional service firms that you warrant you have used or are currently using,
(c) track real estate agents, save agent information on your User page or compare agents,
(d) contact Agents who have provided contact information, and
(e) invite people you know to view reviews, find Agents and register as Users or Agents with WCS.
WCS does not endorse User Content or Third-Party Content, including but not limited to the opinions or advice expressed in such Site Content. It is the responsibility of the User or the Agent to notify WCS of such inappropriate User Content or Third-Party Content using functions such as the Flagging feature or by contacting WCS directly to inform WCS of inappropriate User Content or Third-Party Content.
What you can't do when using or accessing the Site.
You agree that you will not (and will not permit or encourage others to):
- use the Site to harass or advocate the harassment of another person or otherwise interfere with a User's or an Agent's enjoyment of, access to and/or use of the Site;
- use the Site to transmit or post spam, chain letters, contests, junk email, unsolicited event or commercial offer notifications, pyramid schemes or other mass messaging, whether commercial in nature or not;
- use the Site for promotional or commercial purposes, unless expressly allowed to do so by WCS and only in keeping with all sections of the Terms of the Site;
- use the Site in a way that creates a conflict of interest, including writing or soliciting shill reviews, otherwise referred to as "gaming" the site;
- use the Site to promote bigotry or discrimination against any classes, individuals or groups of people;
- use the Site to violate any third-party right, including any copyright, trade-mark, trade secret or other intellectual property right;
- use the Site to transmit or post illegal materials of any kind;
- use the Site in violation of the Terms or any applicable local, provincial, national or international law;
- reverse engineer any portion of the Site;
- collect or record information about Users or Agents in a manner that is not in keeping with the Terms;
- access or index any part of the Site to construct or populate a searchable database of business, real estate agent or professional service/professional service provider reviews;
- take any action that imposes or may impose an excessively large load on WCS's technology infrastructure; or
- attempt to gain unauthorized access to the Site, User accounts, Agent accounts, computer systems or networks connected to the Site through any unlawful means; use the Site or any Site Content to transmit any viruses, defects or other items of a caustic nature; use any device or software that obstructs the proper operation of the Site, or otherwise attempt to interfere with the proper operation of the Site; use the Site to contravene the security of any computer network, crack passwords or crack security codes; disturb or obstruct the security of or otherwise cause harm to the Site or any Services or Site Content; or remove, immobilize, damage or otherwise obstruct any security features of the Site, features that inhibit the use, access to or copying of Site Content or features that impose restrictions on the use of the Site.
"Indemnification"... or protecting What-Customers-Say.com from damage.
You agree to shield, indemnify and hold harmless WCS against any claims, reparation/reimbursement and expenses, including legal fees, related to your use of the Site or your violation of these Terms.
Who owns the content and licenses for the content?
All Users and Agents grant WCS and its affiliates a global, non-exclusive, royalty-free, uninterrupted, irrevocable and entirely transferable license to use, duplicate, disseminate, modify, alter, create derivative works of or incorporate, display and/or otherwise exploit Your Content for any purpose, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels, downstream or otherwise. All use, if use occurs, of Your Content will be in keeping with the WCS Privacy Policy.
You also grant WCS and its affiliates (including Mill Springs Technology Corp.) the right to associate and display your screen name or your first name, whichever is provided during account creation in keeping with the WCS Privacy Policy, with Your Content. If both a screen name and a first name are provided during account creation and/or account editing/management, WCS reserves the right to choose the name according to its preference.
You agree to waive all claims and/or assertions of rights with respect to Your Content.
WCS owns the WCS Content, including but not limited to logos, messaging, visual interfaces, interactive features, graphics, computer code that is not developed using open source or other means, software, aggregate user ratings and all other elements of the Site excluding User Content and Third-Party Content. WCS also owns the copyrights, trade-marks, trade names and other intellectual rights associated with the WCS Content and the Site. Except as expressly provided in the Terms, WCS does not grant you any express or implied rights to the WCS Content or other Site Content, and WCS retains all rights to the Site and the WCS Content.
You are responsible for Your Content.
You are solely responsible for Your Content, including being responsible for its accuracy and completeness. You are solely responsible for any disclosure of your own accord of information in Your Content that makes you personally identifiable, outside of information that is protected as per the WCS Privacy Policy. In accepting these Terms by accessing and using the site, you affirm and warrant that you own or have the necessary permissions to use the content, and you permit WCS to use Your Content as described in the Terms.
You may not imply on this site or in other media or documentation that Your Content is in any way endorsed by WCS.
Because you alone are responsible for Your Content (and not WCS), you may expose yourself to liability if, for example, Your Content violates any third-party right or any intellectual property right; if Your Content contains material that is false, intentionally misleading or defamatory; if Your Content contains material that is unlawful; if Your Content exploits or otherwise harms any individual, including minors or minorities; or if Your Content in any way violates or promotes the violation of any law or regulation in Canada, in the United States or internationally.
How your content is used or may be used.
WCS makes no representations that it will publish or otherwise use Your Content in any way. WCS may or may not use Your Content as per its sole discretion. You understand that WCS does not guarantee any confidentiality with respect to Your Content. WCS has no obligation to store or provide you with copies of Your Content.
WCS reserves the right (but has no obligation) to remove or suppress User Content from the Site at its discretion for any reason and without liability.
WCS may display advertisements and other information adjacent to or included with Your Content on the Site. You agree that you are not entitled to any compensation for any such advertisements. At the time of publication of these Terms, WCS does not allow sponsored ads from services that are not directly related to WCS, such as advertisements ("Pay Per Click") derived directly from search engines.
What happens if someone steals your content and puts it on the Site?
If you believe that material to which you hold copyright is visible on the Site without your consent, contact WCS immediately at:
Copyright Dispute on What-Customers-Say.com
Mill Springs Technology Corp.
1200 Muirfield Place
Victoria, BC Canada V9B 6T2
Please provide details of the disputed material, especially details to help WCS locate the material with relative ease (e.g., URL of page, specific content snippets); your full name; your personal statement that you attest, under penalty of perjury, that the personal information you provide is accurate and that you own the copyright, know the owner of the copyright or are aware of the rightful owner of the copyright and have provided his/her/their name(s) in your statement; your physical address or electronic contact address and electronic signature (understood to be offered by pressing 'send' or by otherwise submitting your statement to WCS); and any other relevant information necessary to investigating the matter.
WCS respects and encourages respect for intellectual property and intellectual property law. WCS seeks not to misuse and does not encourage the misuse of intellectual property (copyrighted material) or other illegitimate activities that chill legitimate activity.
Sometimes we link to other sites, and they link to us.
If you have any concerns regarding any site linked to or from the Site, direct them to WCS at email@what-customers-say.com. WCS and Mill Springs Technology Corp. has not reviewed any or all sites linked to or from the Site and is not responsible for any outside sites, services or other materials linked to or from the Site. WCS is not liable for any injury you may experience by using such materials.
Service may not always be available.
WCS reserves the right to modify, update or discontinue the Site or any of the Services at its sole discretion, at any time, for any reason and without liability.
What happens when a User gains unauthorized access?
WCS reserves the right to exercise the lawful means it considers necessary to prevent unauthorized access to or use of the Site, including but not limited to technical barriers, IP mapping and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
If we feel it's necessary, we may shut down your account.
WCS reserves the right to end or suspend your account or your ability to use the Site at the discretion of WCS, for any reason and without liability of any kind. You agree that WCS is not liable to you or any third party for any termination of your account or access to the Site, Services and Your Content.
You may terminate the Terms at any time by ending/deleting your account, discontinuing your use of any and all parts of the Site or providing WCS with a notice of termination via email to email@what-customers-say.com, with the subject line "Termination" and body copy detailing your first name, last name, screen name, location (e.g., Edmonton) as well as verification that you are who you claim to be and that termination of your account is explicitly of your choosing.
The Terms will continue to apply until you or WCS terminates them.
Other points to consider.
By agreeing to these Terms or not agreeing, you - the Agent or the User -do not have any authority of any kind to bind WCS in any respect whatsoever.
WCS may provide you with updates and information, including but not limited to changes to the Terms, via email or via postings on the Site.
The Terms contain the agreement between you and WCS regarding the use of the Site and supplant any prior arrangement between you and WCS on such matter(s).
If any proviso of the Terms is found to be unenforceable or unsound, that proviso shall be limited or removed to the minimum extent necessary so that the Terms shall otherwise remain in full effect and fully enforceable.
The section titles in the Terms are for convenience only and have no legal effect.
Need to contact us or report violations?
Contact us with any questions regarding the Terms. Report any violations of the Terms to WCS. Use the contact us page here
Don't use anything you didn't create without getting written permission.
WCS and the WCS logo are proprietary service marks of Mill Springs Technology Corp. To use any Site Content, contact us
Refund Policy
Your satisfaction is very important to us. We are so certain that our services will be of value to you that we offer a free 60-day trial to all Agents prior to set up of paid member services. As such, refunds of payment are not available. Cancellation of services is available at any time; provide at least 96 hours for full cancellation of services, including deletion of your paid/sponsored User Content on your profile page and in other locations.
If you have been wrongfully billed or if you are unclear of an invoice you have received or a charge to your credit card made out to Mill Springs Technology Corp., contact us at email@what-customers-say.com
Copyright
Copyright © 2008 Mill Springs Technology Corp. All rights reserved. Designated trade-marks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the Terms and Privacy Policy.