About Us: Terms of Service
1. Ripoff Report Membership/User Terms & Conditions
To use this service, you must be at least 14 years old.
www.RipoffReport.com ("ROR") is an online forum created to help give consumers a voice and keep consumers informed. ROR is operated by Xcentric Ventures, L.L.C. located at:
Xcentric Ventures, LLC
P.O. Box 310
Tempe, AZ 85280
Tel.: (602) 359-4357
Questions/comments regarding technical issues, editorial issues, inquiries about any of the paid programs offered through ROR or other general questions should be sent to our Customer Service and Support Department by e-mailing: firstname.lastname@example.org.
Questions/comments regarding legal issues that directly involve or affect ROR should be sent to our Legal Department by e-mailing: email@example.com.
Persons who are under 14 years old may not register for ROR. By registering with ROR, you represent and warrant that you are at least 14 years old.
Xcentric reserves the right to immediately suspend or terminate your registration with ROR, without notice, upon any breach of this Agreement by you which is brought to Xcentric's attention.
Your registration with ROR 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.
2. Online Conduct
You are solely responsible for all content or information you publish or display (hereinafter, "post") on ROR and agree to, understand, and will abide by, all of the following:
- By posting information on ROR, you warrant and represent that the information is truthful and accurate.
- You will NOT post more than one Report regarding the same person/business that relates to the same issue. Any new or additional information that you have shall be filed as an Update or Rebuttal/Comment to the Report.
- You will NOT post any defamatory or illegal material or any material that infringes or violates another party’s intellectual property rights.
- You will NOT post on ROR with the sole intention to harass or bully any particular individual, including, but not limited to content that may be perceived as cyberharassment, cyberstalking, cyberbullying or an unclassified form of a “revenge post”.
- You will use ROR 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, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights except as otherwise permitted by law.
- You will NOT take any action or assist, encourage, induce, or request that anyone else take any action which may impair or negatively affect the visibility or ranking of ROR pages in search engines such as Google, Bing, Yahoo! or the like.
- You will NOT upload, or cause to be uploaded, viruses or other similar malicious code.
- You will NOT do, or aid anyone else in doing, anything that could be disable, overburden, or impair the proper working of ROR, such as a denial of service (DDOS) attack.
While we do not and cannot conduct an in-depth detailed review every message posted by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove any content (up to and including the name of the person or business that you complain about) in any Report that contains information that may be perceived by ROR as any of the following:
- Profanity (i.e. strong or vulgar language or content);
- Hate speech or the like;
- Obvious instances of pure harassment or bullying;
- Threats of physical violence or damage to property;
- Images or information relating to minor children (e.g., pictures that contain images of minor children should be modified to exclude the child/children prior to uploading to the website);
Private personal information including, but not limited to:
- national identification numbers (e.g. U.S. Social Security Number);
- credit card numbers or related information;
- bank account numbers;
- account passwords;
- full birthdates (e.g. MM/DD/YYYY);
- home addresses of individuals unless the home is used for business purposes;
- images of child/obscene pornography;
- images that contain signatures (e.g., signatures on letters or contracts should be modified to exclude the signature prior to uploading to the website);
- Unsubstantiated allegations of serious criminal acts (Reports with such content may be flagged for additional review/information, without notice, and be the cause of delay in posting or the posting being rejected altogether); and
- Commercial advertisements, link building, and the like. (If you want to advertise on ROR, e-mail Editor@ripoffreport.com with “ADVERTISING REQUEST FOR COMPANY NAME”).
We reserve the right, at our sole discretion, and without notice, to reject entire messages submit by users of the service for failure to conform to any of the Terms stated herein. Similarly, we reserve the right, at our sole discretion, to update Reports with Editorial Notes/Comments by ROR that explain to onlookers why certain action was taken, to inform viewers of our policies, and/or provide our opinion about a situation, etc. Placement/location of such Editorial Notes/Comments is at our sole discretion.
3. Online Content
Opinions, advice, statements, offers, or other information or content made available through ROR are those of their respective authors and not of Xcentric, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content.
Xcentric does not guarantee the accuracy, completeness, or usefulness of any information on ROR and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Xcentric be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on ROR.
You will defend, indemnify, and hold harmless Xcentric, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of ROR, including, but not limited to, any breach by you of the Terms of this Agreement.
5. Removal of Information at User's Request
ROR is a permanent record of disputes, including disputes which have been fully resolved. In order to maintain a complete record, information posted on ROR, subject to the Terms outlined herein, will not be removed. By posting information on ROR, you understand and agree that the material you post will become part of ROR's permanent record and will NOT be removed even at your request.
6. Proprietary Rights/Grant of Exclusive Rights & License Back
By posting information or content to any public area of www.RipoffReport.com, you automatically assign copyrights in the content to Xcentric. Xcentric hereby grants you, the author, an exclusive and non-transferrable license to use, copy, perform, display and distribute such information content and to prepare derivative works of, or incorporate into other woks, such information and content.
7. Disclosure of Information Supplied by You
Notwithstanding the foregoing, from time to time, Xcentric may receive subpoenas seeking the identity of an ROR user. Upon receiving notice of such a subpoena, Xcentric may object to the disclosure unless and/or until a court determines that the standards set forth in Mobilisa v. Doe, 217 Ariz. 103, 170 P.3d 712 (App. 2007) have been met. In the event Xcentric does not object to the disclosure, it may forward a copy of the subpoena to you at the email address you provided in your account registration so that you may take action on your own behalf. In the event you fail to respond to our e-mail and/or you otherwise fail to timely object to the subpoena or make other arrangements with the requesting party, Xcentric may, without notice, comply with the subpoena which may disclose your identity without incurring any liability to you.
Although, you are legally entitled to publish your comments anonymously, at the discretion of Xcentric, the personally identifying information of any user who is found to have posted numerous complaints about the same company and/or individual (be it through the same account or multiple accounts) or has made a post that is perceived by ROR to be acting with malice intent by posting in violation of the Terms set forth herein, may lose the confidential protections afforded by this section.
In its sole discretion, Xcentric may also disclose your identity to any federal, state, or local law enforcement agency (including federal and state attorneys general) for the limited purpose of allowing such agencies to contact potential victims of consumer fraud and/or investigate other unlawful acts.
You further agree and understand that in order to facilitate the resolution of complaints, Xcentric may disclose your identity to any company who joins our Corporate Advocacy Business Remediation and Customer Satisfaction Program (also known as the “Corporate Advocacy Program” or “CAP”) or other paid programs that promotes dispute resolution (with the exception of any programs that specifically do not contemplate such release of information). Disclosures made under this section may encompass Reports submitted before and/or after the date the company joins our program(s). Notwithstanding the foregoing, some programs, such as CAP, require the program member to agree not to sue legitimate complaining customers without prior written consent of Xcentric (with the exception of pending litigation wherein the author has already been identified through the course of discovery in that litigation).
You further agree to release and hold Xcentric harmless from any claims that Xcentric disclosed your identity pursuant to these Terms and conditions.
8. Disclaimer of Warranty
Xcentric provides ROR on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with ROR or in connection with any communication with Xcentric or its representatives, or otherwise with respect to ROR. Xcentric specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Xcentric does not warrant that ROR's connection to the internet will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in ROR will be corrected.
9. Limitation of Liability
In no event will Xcentric be liable: (i) to you for any incidental, consequential, or indirect damages arising out of the use of or inability to use ROR, even if Xcentric 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, Xcentric 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 ROR.
10. 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.
11. General Provisions
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 ROR or this Agreement. The failure of Xcentric 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 Xcentric 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 ROR, contains the entire agreement between you and Xcentric regarding the use of ROR. Unless otherwise explicitly stated, the Terms will survive termination of your registration with ROR. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
12. Copyright Policy/Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement/DMCA Notices
We comply with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA") and we will terminate the privileges of any user who uses ROR 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 ROR, 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 ROR, please submit a notice that complies with 17 U.S. C. § 512(c)(3) to our registered DMCA agent as follows:
David Gingras, Esq.
Gingras Law Office, PLLC
4802 E. Ray Road, #23-271
Phoenix, Arizona 85044
Tel: (480) 264-1400
Fax: (480) 248-3196
You may also courtesy copy our Legal Department by e-mailing the Legal Department at firstname.lastname@example.org with an e-mail subject box as "DMCA - Ripoff Report Copyright Policy", however, the registered DMCA agent above must receive the notification in order for the notice to be valid.
At a minimum, any DMCA removal request is required to include at least the following things:
(1) Your name, address, telephone number, and e-mail address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) The exact URL or web address where the alleged infringing material is located.
(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney's fees incurred as a result; 17 U.S.C. §512(f).
Last updated: 07/26/2016
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