User Agreement

The following describes the terms on which Community Review (South Valley Marketing L.C.) offers you access to our services.

Welcome to the user agreement (the "Agreement" or "User Agreement") for South Valley Marketing L.C. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.communityreview.com (the "Site") (including www.adeola.com, www.nexalus.com, www.foddy.com) and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Community Review. By accepting this User Agreement, you also agree that your use of other Community Review websites will be governed by the User Agreement and Privacy Policy posted on those websites.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and South Valley Marketing L.C. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on May 25th, 2003 for all users.

Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Community Review members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

1. No Warranty.
   WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
2. Liability Limit.
   IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
   
   OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED $30. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
3. Indemnity.
   You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4. Legal Compliance.
   You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your writing reviews of items.
5. No Agency.
   You and South Valley Marketing L.C. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
6. Notices.
   Except as explicitly stated otherwise, any notices shall be given by postal mail to South Valley Marketing LC Attn: Legal Department 3943 West Maple Grove Drive, West Jordan, UT 84088 (in the case of South Valley Marketing L.C.) or to the email address you provide to South Valley Marketing L.C. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to South Valley Marketing L.C. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
7. Resolution of Disputes.In the event a dispute arises between you and South Valley Marketing L.C., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and South Valley Marketing L.C. agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
   7.1 Binding Arbitration.For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or South Valley Marketing L.C. may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
   7.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Salt Lake County, Utah or where the defendant is located (in our case West Jordan, Utah, and in your case your home address or principal place of business). You and South Valley Marketing L.C. agree to submit to the personal jurisdiction of the courts located within the county of Salt Lake, Utah.
   7.3 Alternative Dispute Resolution. Alternatively, South Valley Marketing L.C. will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Salt Lake County, Utah or another location mutually agreed upon by the parties.
   
   All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
8. General.
   This Agreement shall be governed in all respects by the laws of the State of Utah as such laws are applied to agreements entered into and to be performed entirely within Utah between Utah residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by South Valley Marketing L.C. in accordance with Section 6 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
9. Disclosures.
   The services hereunder are offered by South Valley Marketing L.C. , located at 3943 West Maple Grove Drive, West Jordan, UT 84088. If you are a Utah resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. South Valley Marketing L.C. is not affiliated with SafetySurf.com.

Disputes between you and South Valley Marketing L.Cc regarding our services may be reported to Customer Support by sending E-mail to support@communityreview.com.