Terms of Use
Read Before Accessing Website.
Effective Date: This Terms of Use and Sales Agreement (the "Agreement") was last updated on January 12, 2009.
This Terms of Use and Sales Agreement sets forth the standards of use of C2R Media LLC dba LowerMyAssessment.com for Non-Registered Users, Registered Members and Customers. By using the LowerMyAssessment.com Website, you (the "User" and/or "Member" and/or "Customer") agree to these terms and conditions. Your purchase and use of products and services from C2R Media dba LowerMyAssessment.com and affiliated sites (the "Websites") is governed by this Terms of Use and Sales Agreement, which supplement C2R Media LLC dba LowerMyAssessment.com's Privacy Policy.
If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the LowerMyAssessment.com Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
In this Terms of Use and Sale Agreement, the term "you" means you the Non-Registered User, Registered Member and/or Customer; and the terms "we", "us" and "our" means C2R Media LLC dba LowerMyAssessment.com, whichever is applicable.
Description of Service:
LowerMyAssessment.com provides Registered Members/Customers with information, forms and a report that assists Registered Members/Customers with making an appeal to lower their property tax. . The Non-Registered User, Registered Member and/or Customer must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for access to the Internet, and (3) pay any fees related to such connection. Placing an Order with Us:
To make a purchase, (i) click the "buy now" (or similar) link; (ii) sign into your LowerMyAssessment.com Account (or create an Account if you do not have one); (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept the Terms of Use and Sale Agreement and any applicable end user license agreement. You will then receive a purchase confirmation email from us. To cancel your order at any time prior to completion of the order, click the "cancel" (or similar) button at the bottom of each purchase page on the applicable Website.
You can correct inputting errors on the "Confirm Billing" (or similar) page of the Website. You can also correct certain inputting errors that you have made on the Website (such as an incorrect credit card number or billing address) by logging on to www.LowerMyAssessment.com and accessing the "My Account" link located on our home page.
Your submission of an order only constitutes an offer by you to buy at the price and terms stated in the order. If you would like a copy of the records applicable to your order, including the C2R Media LLC dba LowerMyAssessment.com Terms of Service and Terms of Sale applicable to your contract, please contact Customer Support by emailing info@lowermyassessment.com.
Pricing:
The price payable by you (the "Price") is the price indicated on the purchase confirmation email that we send you. Any applicable sales tax and/or customer selected shipping and handling upgrades will be added to the published price.
We reserve the right to change the Price and specifications shown in relation to any of our products or services. If the price or specification published on the applicable Website for any products or services is materially incorrect when you place an order for those products or services, we will: (i) contact you by email with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.
Payment:
You may pay for your products and/or services either by credit card on our Website or by using the services of any alternate billing and payment provider identified on the applicable Website.
If you pay for your products and/or services by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged when we issue our purchase confirmation email. We will not supply any products or services to you until your credit card issuer has authorized the use of your card for payment of the products and/or services ordered. For more information on our billing policies and procedures, please see our FAQs.
If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party's terms & conditions, which are available on such party's website. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details.
Costs associated with accessing our Websites and downloading products depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.
Performance of the Contract:
Some of the products that we make available on our Websites may be downloaded or accessed at any time after you have completed your purchase. Certain other products will be available to you as soon as you complete your purchase. Our Websites will inform you which type of product you are purchasing. Our obligation to deliver the product to you shall be complete at such time as, and place where, you first receive the downloaded product.
If you have purchased services from us, your right to access the applicable services will commence immediately after you have received our purchase confirmation email.
Refunds for Products and Services:
There are no refunds for products or services purchased on our Websites. This Contract does not confer any rights or remedies upon any person other than the parties to this Contract. You may also have additional rights under applicable law.
C2R Media LLC dba LowerMyAssessment.com's Liability to You:
To the fullest extent permissible under applicable law, the products and services that you purchase on our Websites are provided to you "AS IS," and your use is at your own risk. We do not make, and hereby disclaim, any and all other express, implied or statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, noninfringement of third party rights, and any warranties arising from a course of dealing, usage, or trade practice. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
To the maximum extent permitted by applicable law, neither C2R Media LLC dba LowerMyAssessment.com nor its licensors or distributors shall be liable to you for any lost profits, cost of substitute goods or services, or any form of indirect, special, incidental, consequential or punitive damages from any causes of action arising with respect to the products or services that you purchase on our Websites, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not such party has been advised of the possibility of such damage. In no event shall C2R Media LLC dba LowerMyAssessment.com's aggregate liability under these Terms of Sale exceed the amount actually paid by you for the applicable products or services.
Notwithstanding the foregoing, nothing contained in these Terms of Sale limit C2R Media LLC dba LowerMyAssessment.com's liability to you for fraudulent misrepresentations, death or personal injury caused by C2R Media LLC dba LowerMyAssessment.com's negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
Electronic Contracting:
You acknowledge and agree that by clicking the 'OK' (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to our products and services. If you do not consent to receive any notices electronically, you must stop using our Websites. We may amend these Terms of Sale at any time by posting them on our Website. You agree to review them each time you make a purchase.
As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.
Disclaimer of Warranties:
The site is provided by C2R Media LLC dba LowerMyAssessment.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, C2R Media LLC dba LowerMyAssessment.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. C2RMedia LLC dba LowerMyAssessment.com shall have no liability for any interruptions in the use of this Website. C2R Media LLC dba LowerMyAssessment.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
Limitation of Liability:
C2R Media LLC dba LowerMyAssessment.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF [INSERT NAME OF COMPANY] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification:
You agree to indemnify and hold C2R Media LLC dba LowerMyAssessment.com, its parents, subsidiaries, affiliates, officers, members and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service, of any intellectual property or any other right of any person or entity.
Members Account:
All Registered Members of the Service shall receive a password and an account. You are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify C2R Media LLC dba LowerMyAssessment.com of any unauthorized use of your account or any other breach of security known or should be known to you. Your right to use the Service is personal and to you. You agree not to resell or make any commercial use of the Service without the express written consent of C2R Media LLC dba LowerMyAssessment.com.
Modifications and Interruption to Service:
C2R Media LLC dba LowerMyAssessment.com reserves the right to modify or discontinue the Service with or without notice to you. C2R Media LLC dba LowerMyAssessment.com shall not be liable to you or any third party should you exercise your right to modify or discontinue the Service. You acknowledge and accept that C2R Media LLC dba LowerMyAssessment.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites:
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties' sites.
Disclaimer Regarding Accuracy of Vendor Information:
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While C2R Media LLC dba LowerMyAssessment.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
C2R Media LLC dba LowerMyAssessment.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction:
Our website is operated and provided in the State of Washington. As such, we are subject to the laws of the State of Washington, and such laws will govern this Terms of Use and Sales Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington.
Compliance with Laws:
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information:
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of C2R Media LLC dba LowerMyAssessment.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of C2R Media LLC dba LowerMyAssessment.com is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of C2R Media dba LowerMyAssesment.com.
LowerMyAssessment.com™ is the proprietary mark of C2R Media LLC dba LowerMyAssessment.com whose trademarks may not be used in connection with any product or service that is not provided by C2R Media LLC dba LowerMyAssessment.com or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits C2R Media LLC dba LowerMyAssessment.com.
All other trademarks displayed on C2R Media LLC dba LowerMyAssessment.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with C2R Media LLC dba LowerMyAssessment.com.
Notification of Claimed Copyright Infringement:
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, C2R Media LLC dba LowerMyAssessment.com designates the following individual as its agent for receipt of notifications of claimed trademark and/or copyright infringement.
By Mail
National Registered Agents, Inc
1780 Barnes Blvd SW
Building G
Tumwater, WA 98512
Botnets:
C2R Media LLC dba LowerMyAssessment.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, C2R Media LLC dba LowerMyAssessment.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms:
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by C2R Media LLC dba LowerMyAssessment.com , in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use and Sales Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us. You agree that by accepting this Terms of Use and Sales Agreement, you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Website Privacy Statement [if applicable].
