About Us: Terms of Service
This page describes the terms and conditions that govern your use of the website RipoffReport.com (“Ripoff Report”) including connected sites like RipoffReportLegalDirectory.com (“Legal Directory”).
If you have questions or would like more information and you aren’t sure who to contact, please check out our Contact Us page.
IMPORTANT NOTICE: In order to use this service, you must be at least 14 years old and must not be a citizen of, or otherwise be sitting in or operating out of, any country that is part of the European Union or European Economic Area (collectively “GDPR Countries). Currently GDPR Countries include, but is subject to change, the following: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and United Kingdom.
This website, RipoffReport.com ("Ripoff Report") is an open and public interactive online forum created to help give consumers a voice and keep consumers informed. Ripoff Report is operated by Xcentric Ventures, LLC, an Arizona limited liability company (“Xcentric”) reachable at the following mailing address and phone number:
Xcentric Ventures, LLC
P.O. Box 310
Tempe, AZ 85280
Tel.: (602) 518-4357
1. RIPOFF REPORT MEMBERSHIP | USER TERMS & CONDITIONS
We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these terms prior to each use of the Ripoff Report and by continuing to use this website you agree to any changes.
Persons who are under 14 years old may not register for Ripoff Report. By registering with Ripoff Report for a user account, you represent and warrant that you are at least 14 years old.
Persons who use or otherwise register for a user account with Ripoff Report must not be a citizen of, or otherwise be sitting in or operating out of, any country that is part of the GDPR Countries. By using or registering with Ripoff Report, you represent and warrant that you are NOT a citizen of, or otherwise be sitting in or operating out of, any GDPR Countries.
Xcentric reserves the right to immediately suspend or terminate your registration with Ripoff Report, without notice, upon any breach of this Agreement by you which is brought to Xcentric's attention.
2. ONLINE CONDUCT
You are solely responsible for all content or information you publish or display (hereinafter, "post") on Ripoff Report and agree to, understand, and will abide by, all of the following:
- By posting information on Ripoff Report, 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 Ripoff Report 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 Ripoff Report 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 Ripoff Report 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 Ripoff Report, such as a denial of service (DDOS) attack. You will NOT access, monitor or copy any content or information using any manual or automated process including by robot, spider, scraper for any purpose without express written permission from Xcentric. Notwithstanding the foregoing, this section does not intend to prohibit consumers from printing and/or generally referring to a post, on occasion, for non-commercial means.
While we do not and cannot conduct an in-depth detailed review of 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 redact any content (up to and including the name of the person or business that you complain about) in any Report or post that contains information that may be perceived by Ripoff Report 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); or
- images of child/obscene pornography.
- Private personal information, which may also be considered sensitive, 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 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 post being rejected altogether); and
- Commercial advertisements, link building, and the like.
- If you want to advertise on Ripoff Report, e-mail EDitor@ripoffreport.com with “ADVERTISING REQUEST FOR YOUR 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 Ripoff Report 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 Ripoff Report 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 Ripoff Report 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 Ripoff Report.
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 Ripoff Report, including, but not limited to, any false assertion made or breach by you of the Terms of this Agreement.
5. REMOVEAL OF INFORMATION AT USER’S REQUEST
Ripoff Report is intended to be a permanent record of disputes, including disputes which have been fully resolved. In order to maintain a complete record, information posted on Ripoff Report, subject to the Terms outlined herein, will not be removed. By posting information on Ripoff Report, you understand and agree that the material you post will become part of Ripoff Report'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 Ripoff Report, you automatically grant, and you represent and warrant that you have the right to grant, to Xcentric an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
7. DISCLOSURE OF INFORMATION SUPPLIED BY YOU
Notwithstanding the foregoing, from time to time, Xcentric may receive subpoenas seeking the identity of a Ripoff Report 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. Similarly, 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 comments anonymously you may not abuse our service. At the sole 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 Ripoff Report 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 relating to the allegation that Xcentric disclosed your identity pursuant to these Terms and conditions.
8. REGISTRATION AND SECURITY
Being exposed to advertising is a condition of accessing Ripoff Report.
Because the website may contain links to third-party internet sites, resources and advertisers that are outside of Ripoff Report, and because Xcentric is not responsible for the availability of any of these third-party sources, you should direct any concerns with such external links directly to such site, resource or advertiser.
As part of the registration or account creation process you will be required to create login credentials by selecting a password and providing an email address. You have the option of providing additional information such as your name, phone number and address. Your registration with Ripoff Report 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. You are responsible for maintaining the confidentiality of your password.
9. DISCLAIMER OF WARRANTY
Xcentric provides Ripoff Report on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with Ripoff Report or in connection with any communication with Xcentric or its representatives, or otherwise with respect to Ripoff Report. Xcentric specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Xcentric does not warrant that Ripoff Report's connection to the internet will be secure, uninterrupted, always available, error-free, will meet your requirements, or that any defects in or on Ripoff Report will be corrected.
10. 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 Ripoff Report, 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 Ripoff Report.
11. 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.
12. ARBITRATION OF CLAIMS
Pursuant to A.R.S. §§ 12-133(D) and 12-1501, any and all claims arising from or relating to the performance, alleged breach, termination, interpretation, operation or validity of this Agreement shall be subject to binding arbitration. Arbitration of claims pursuant to this section shall take place in Phoenix, Arizona before the American Arbitration Association in accordance with its Commercial Arbitration Rules, or before any other mutually agreed arbitrator or arbitral entity. The costs of arbitration, including the arbitrator’s fees, shall initially be paid equally by both parties, subject to reallocation by the arbitrator’s final award. The party prevailing in arbitration shall be entitled to its reasonable attorney’s fees and costs as part of the award. Judgment on the arbitration award may be entered in any court in any legal or judicial jurisdiction thereof pursuant to A.R.S. § 12-1511.
13. CHOICE OF LAW, VENUE, WAIVER OF JURY TRIAL
This Agreement shall be exclusively governed by and construed in accordance with, and you exclusively and irrevocably attorns to, and agrees to apply, the laws of the State of Arizona and the federal laws which may be applicable herein (regardless of conflict of law principles) to the exclusion of all other laws in any jurisdiction or country. You understand and agree: (i) should any event arise wherein the Arbitration of Claims clause is rendered invalid or is otherwise found to not be applicable or available, you agree that that any action or other legal proceeding relating to this Agreement, or your use of Ripoff Report, shall be brought exclusively in any court of competent jurisdiction located in Maricopa County, State of Arizona, and for that purpose you now irrevocably and unconditionally agree and submit to the jurisdiction of such Arizona court; (ii) that you irrevocably waive any right to, and will not, oppose any such Arizona court action or proceeding on any jurisdictional basis, including forum non conveniens; (iii) you will not take the position that another state or country is the appropriate forum for such proceeding, and will not initiate, commence, or continue such proceedings in another state or country; (iv) you will not oppose the enforcement against you in any other jurisdiction of any judgment or order duly obtained from an Arizona court as contemplated by this section; and (v) you specifically agree that neither this Agreement nor any performance thereunder in any way constitutes the conducting of business by Xcentric in any location other than Maricopa County, State of Arizona and indeed agree that Xcentric is not carrying on business in any jurisdiction other than the state of Arizona. You irrevocably waive any and all rights that you may have to a trial of such proceedings by way of a jury in any judicial proceeding involving any claim in any way relating to this Agreement and your use of Ripoff Report and agree to waive personal service of process and consents that service of process upon you may be made by Certified or Registered mail, return receipt, or by an internationally recognized bonded courier company at the address provided by you in your user account registration, if applicable. If that fails, or an address is not provided, you agree that service may be made upon you by the email address you used to register for a user account or through publication.
14. GENERAL PROVISIONS
15. 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 Ripoff Report 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 Ripoff Report, 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 Ripoff Report, 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
NOTICE: The DMCA Agent listed above is NOT the Statutory Agent for Xcentric for any other legal purposes. For more information relating to subpoenas or other legal concerns, please review the Legal Issues page and/or contact our Legal Department by emailing firstname.lastname@example.org.
You may also courtesy copy our Legal Department by e-mailing the Legal Department at email@example.com 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: 05/23/2018