Terms of Service

Welcome! The following terms and conditions ("Terms of Service") govern your use of all services located under the domain getsatisfaction.com ( "the Get Satisfaction Service"). If you have any questions or comments about these Terms of Service, please join the discussion. All users of the Get Satisfaction Service must also abide by our Community Guidelines.

The Get Satisfaction Service belongs to and is provided by Get Satisfaction, Inc. ("Get Satisfaction"). By using the Get Satisfaction Service, you are agreeing to be legally bound by these Terms of Service. If at any time you are not willing to be bound by all of these Terms of Service, then you must not use the Get Satisfaction Service.

Get Satisfaction has complete discretion to update and change these Terms of Service from time to time, and to change the scope or features of the Get Satisfaction Service from time to time. Although Get Satisfaction will use reasonable efforts to notify you of changes when commercially practical, we reserve the right to make such changes without notice. If you continue to use the Get Satisfaction Service after any such changes, with or without notice, you will be considered to have consented to them. You can always review the most current version of the Terms of Service.

1. Your Account

You must be 18 years old or older to participate in the Get Satisfaction Service.

Get Satisfaction can refuse registration of, or cancel an account in its discretion, at any time.

Your account will be accessed through a user ID and password that you will create (your "Credentials"). Your Credentials are solely for your personal use. You are responsible for maintaining the confidentiality of your Credentials, and you are fully and solely responsible for all activities that occur under your Credentials. It is up to you to take adequate precautions with your Credentials, and to immediately notify Get Satisfaction of any unauthorized use of your Credentials.

Using your account, you may access and participate in the Get Satisfaction Service, including viewing, posting and responding to communications on the Get Satisfaction Service.

2. Content and Intellectual Property

If you post your own text, images or other audiovisual information (collectively, "Content") on the Get Satisfaction Service, that Content still belongs to you, and you can use it in any other way without restriction. Content posted by another person or company belongs to the poster, and you can only use that Content in the ways described in these Terms of Service.

In order to operate the Get Satisfaction Service, Get Satisfaction needs the right to make certain uses of your publicly posted Content. Therefore, when you post Content on the Get Satisfaction Service, you agree to grant Get Satisfaction an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of your Content on the Get Satisfaction Service and on services affiliated with Get Satisfaction regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content to the Get Satisfaction Service, then you hereby represent and warrant that you have the right to post that Content and to grant the above rights to Get Satisfaction.

In addition to viewing the Content on the Get Satisfaction Service, in the future you may be able to access and use the Content on the Get Satisfaction Service for certain other purposes through the use of Get Satisfaction's application programming interfaces ("APIs"). Get Satisfaction has not released APIs yet, but these Terms of Use will be updated when the APIs are available.

Get Satisfaction owns the Get Satisfaction Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the Get Satisfaction Service, and the combination of all the elements on the Get Satisfaction Service. "Satisfaction" and "Hey" are service marks owned by Get Satisfaction. The Get Satisfaction Service as a whole, the computer code of the Get Satisfaction Service, the user interface and graphic elements are all copyrighted works of Get Satisfaction. Various other aspects of the Get Satisfaction service may be protected by intellectual property laws including copyright, trademark, patent and trade secrets.

3. Code of Conduct

Get Satisfaction has the right, but not the obligation, to remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the Get Satisfaction Service. Get Satisfaction also has the right, but not the obligation, to limit or revoke the use privileges of the account of anyone who posts such Content.

Get Satisfaction will use common sense and business sense regarding allowable Content on the Get Satisfaction Service. Examples of unacceptable Content or behavior on the Get Satisfaction Service include

• abuse, harassment, threats, flaming or intimidation of any person or organization
• engaging in or contributing to any illegal activity or activity that violates others' rights
• use of derogatory, discriminatory or excessively graphic language
• providing information that is false, misleading or inaccurate
• hacking or modifying the Get Satisfaction Service or another Web site to falsely imply an association with Get Satisfaction
• implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
• transmitting worms, viruses or harmful software
• sending unwanted messages to other users (aka Spam)
• disclosing personal or proprietary information of another person or organization

Get Satisfaction cannot and need not control all Content posted by third parties to the Get Satisfaction Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Get Satisfaction Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Get Satisfaction be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may use the flagging feature by clicking the "Inappropriate" link attached to every topic post and reply or email us directly at support@getsatisfaction.com. Urgent issues can be reported to urgent |at| getsatisfaction.com.

Except where expressly permitted, you do not have the right to use, copy, transmit, modify or repurpose any Content that does not belong to you, other than viewing of the Content on the Get Satisfaction Service and use of the Content through such APIs as Get Satisfaction may make available.

You do not have any rights to the Get Satisfaction Service that have not been granted to you expressly. By way of example only, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the Get Satisfaction Service, and you do not have the right to index or aggregate any portion of the Get Satisfaction Service (either by hand or by means of a robot, spider, or other device).

Get Satisfaction respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Get Satisfaction's copyright agent:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Get Satisfaction's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
Get Satisfaction, Inc.
164 South Park
San Francisco, CA 94107
By phone: (877) 339-3997
By email: copyright@getsatisfaction.com

For our full notice and takedown procedure, view our infringement guidelines

Use of the Get Satisfaction Service is also governed by our Privacy Policy.

4. General Terms

These Terms of Service will remain in full force and effect while you use the Get Satisfaction Service. Those terms that can continue to operate after you stop using the Get Satisfaction Service (including without limitation your Content license to Get Satisfaction and the General Terms in this Section), will survive after you stop using the Get Satisfaction Service.

You agree to indemnify and hold Get Satisfaction, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Get Satisfaction Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Get Satisfaction Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.

Our lawyers have told us that the following disclaimer must be written in conspicuous language, so here goes: THE GET SATISFACTION SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE GET SATISFACTION SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE GET SATISFACTION SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GET SATISFACTION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, GET SATISFACTION AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE GET SATISFACTION SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GET SATISFACTION DOES NOT WARRANT THAT THE SATISFACTION SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GET SATISFACTION SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GET SATISFACTION OR THE GET SATISFACTION SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Something else that our lawyers want us to say in all caps: GET SATISFACTION AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GET SATISFACTION'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO GET SATISFACTION FOR THE GET SATISFACTION SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).

These Terms of Use (including the Privacy Policy) are the entire agreement between Get Satisfaction and you regarding the Get Satisfaction Service. Any dispute arising from or related to these Terms of Use will be governed by the laws of the State of California without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in San Francisco, California, and you agree to the personal jurisdiction of those courts for such purposes. The failure of Get Satisfaction to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.