This page states the “Terms and Conditions” under which you, the Website visitor (“You”) may use www.Obrella.com (the “Site”), which is owned by Obrella.
Please read this page carefully. By using this Site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Site. These Terms and Conditions supersede any other agreement you may have with Obrella regarding this subject matter. Obrella may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.
The contents of this Site, such as text, graphics, images, and other content (the “Site Material”) are protected by copyright under United States law. These Terms and Conditions do not grant You any license whatsoever to the Site Material. Obrella authorizes You to view and download a single copy of the Site Material for your non-commercial personal use. Unauthorized use of the Site Material violates copyright and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited. Obrella retains all intellectual property rights in the Site Material.
The names, marks and logos appearing on the Site are, unless otherwise noted, trademarks owned by or licensed to Obrella. Your use of these marks, except as provided in these Terms and Conditions, is strictly prohibited. From time to time, Obrella makes fair use in this Site of trademarks owned and used by third parties. Obrella makes no claim to ownership of those marks.
Obrella welcomes your comments and reviews of the products and services listed on our Site. However, You acknowledge that if You send us any reviews, comments, suggestions, ideas, notes, concepts or other information, (collectively, the “Information”), the Information shall be deemed, and shall remain, Obrella property. By submission of any Information, You assign to Obrella and we shall own exclusively all rights to such Information of every kind and nature throughout the universe now known or hereafter existing. Obrella shall be entitled to use, alter, publish or delete the Information for any purpose whatsoever without compensation to You or the provider of the Information. Notwithstanding, Obrella disclaims all liability for comments or reviews posted by users on the Site.
As a user of this Site, You are responsible for your own communications. Therefore, do not do any of the following things:
- transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner;
- send material that reveals trade secrets, unless You own them or have the permission of the owner;
- send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law;
- attempt to breach the security of the Site;
- send advertisements or solicitations of business;
- send chain letters or pyramid schemes; or impersonate another person.
Obrella reserves the right to expel You and to prevent You further access to this Site for violating these Terms and Conditions terms or the law. The violation of any of these Terms and Conditions shall result in the immediate revocation of your right to access or use the Site or Site Material and obligates You to immediately destroy any copies of the Site Material in your possession.
Product and Service Rankings
The Site offers a forum, which includes a product and service reviews and ranking (“Rankings”), where you may access reviews of products and services by Obrella.
The information in our Rankings is provided strictly as a source of information for You and is provided merely as a convenience. It represents our opinion and analysis based on subjective / objective criteria. You are recommended to do your own research and investigation before engaging services with any company regardless of their listing. You agree to not hold Obrella, its members, managers, officers, directors, employees, or affiliates (collectively “Partners”) liable for any statements, representations, errors or omissions, descriptions, comments, or opinions posted on the Site.
By developing and posting such Rankings, Obrella makes no representation or warranties as to the accuracy or factual basis of the Rankings. In compliance with federal law, all price quotes displayed on the Rankings are updated on at least a weekly basis. However, our evaluation process is a continued development; we may experiment with new processes for our evaluations and add or remove specific elements at any time. Obrella is a private company and is not affiliated with any government or non-profit organizations. Obrella receives compensation from several of the companies which it ranks, including Safeco and The General.
Limitation of Liability
Obrella does not warrant that the web site will operate error-free or that the site and its server are free of computer viruses or other harmful material. If your use of the site or the site material results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment or data, Obrella shall not be responsible for those costs or expenses.
This web site and its material are provided on an “as is” and “at your own risk” basis without any warranties of any kind. Obrella, to the fullest extent permitted by law, disclaims all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Although Obrella strives to provide thorough and accurate materials on its site, we make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
Disclaimer of Consequential Damages
In no event shall Obrella, its affiliates, or any third parties mentioned on the site be liable for any damages whatsoever (including, without limitation, incidental, indirect, consequential or punitive damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use material on this site or sites linked to this site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Obrella is advised of the possibility of such damages.
This Site contains links to websites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by Obrella of the contents on those other sites. Obrella is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Site, You do so at your own risk.
Obrella is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com
By using this Site, You agree to defend, indemnify, and hold harmless Obrella and its Partners from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Obrella may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms and Conditions. Obrella reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
In the event of a dispute involving You and Obrella or its representatives, affiliates, employees, officers, owners, agents, dealers, or third-party vendors, (a) You consent to first arbitrate that dispute under the then current rules of the American Arbitration Association in a location convenient to You; (b) You agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims to resolve such claims; and (c) You will have thirty (30) days from the date You first use this Site to opt out of the arbitration agreement.
These Terms and Conditions are governed by the substantive laws of the State of Utah, without respect to its conflict of laws principles. After, and only after, a complete and good faith attempt to arbitrate any disputes, You agree to submit to the jurisdiction of the courts situated in Salt Lake County, Utah with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms and Conditions constitute the entire agreement between You and Obrella with respect to your use of this Site.