Terms of Service

Welcome to RateMyFishTank.com(the "Website"). This Website is owned and operated by RateMyFishTank.com("RateMyFishTank," "our," "us," or "we"). By visiting our Website and accessing the information, services, products, and tools we provide (the "Services"), you (a) acknowledge that you have read, understand, and agree to adhere to and be bound by the Terms of Use and any documents that may be incorporated herein by reference, including, without limitation, our Privacy Policy ("User Agreement"); (b) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside); and (c) if you are accepting these Terms of Use on behalf of an entity, represent and warrant that you have the organizational and legal authority to accept these Terms of Use on the entity's behalf and to bind such entity. If you do not agree to the terms of this User Agreement, you may not access the Website or the Services.

The Terms of Use require the use of binding arbitration on an individual basis to resolve disputes rather than jury trial or class actions in accordance with the terms of section title "ARBITRATION, JURY WAIVER; CLASS ACTION WAIVER" below.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

By visiting our Website or accessing the Services, either directly or indirectly, you agree to use these Services only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

I. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
II. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
III. Contains any type of unauthorized or unsolicited advertising;
IIII. Impersonates any person or entity, including any RateMyFishTank.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of RateMyFishTank.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Services. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless RateMyFishTank.com, its parent company, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or failure to fulfill any obligations related to your account, incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

We are a digital web services business, which means that we do not have a physical, brick and mortar location, nor do we sell products via the Website that enables users to make purchases at any physical brick and mortar business.

We do, however, welcome feedback on the accessibility of the Website. If you encounter accessibility barriers on our Website, please contact us at information@ratemyfishtank.com. We aim to respond to feedback within a reasonable timeframe and will consider all suggestions as we evaluate how to accommodate users.

While we strive to adhere to accepted guidelines and standards for accessibility and usability, it may not always be possible to do so in all areas of the Website. Certain content or technologies may not yet be fully accessible, or the most effective accessibility solution may still be under development or identification.

In recognition of this ongoing process, you acknowledge that, in addition to the LIMITATION OF WARRANTIES set forth below, that RateMyFishTank shall not be liable under the Americans with Disabilities Act, 42 US.C. Section 12101, et seq, under the Unruh Act, or any similar federal, state or local law for any claims arising out of alleged inaccessibility of the Website or Services. This limitation of liability applies unless and until the alleged issue has been reported to RateMyFishTank and RateMyFishTank has been given a reasonable opportunity to remedy the accessibility concern. This limitation of liability does not seek to diminish or abrogate the rights of individuals with disabilities, but rather, to define the framework within which RateMyFishTank can address and rectify accessibility barriers in a manner that is both constructive and compliant with applicable laws.

If you are having trouble accessing parties of the Website or Services or require assistance with any content or function of the Website or Services, contact us immediately at information@ratemyfishtank.com, and we will make all reasonable efforts to provide the information you need in a manner that is accessible to you.

THE SERVICES, THE WEBSITE, AND ANY PRODUCTS AVAILABE FROM EITHER ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND RATEMYFISHTANK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER ANIPANION NOR ANY PERSON ASSOCIATED WITH RATEMYFISHTANK MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE OR SERVICES MEETING YOUR EXPECTATIONS, REQUIREMENTS OR NEEDS, OR TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, THE SERVICES, OR ANY PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER RATEMYFISHTANK NOR ANYONE ASSOCIATED WITH RATEMYFISHTANK REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITE, THE PRODUCTS, OR ANY RESULTS GENERATED FROM THE USE OF THE SAME, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICESW, THEBE SITE, THE PRODUCTS (WHERE APPLICABLE), OR THE SERVERS THAT MAKE THE FOREGOING AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE WEBSITE, OR THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AS BETWEEN YOU AND RATEMYFISHTANK, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE SERVICES, THE WEBSITE, THE PRODUCTS, AND ALL CONTENT AND RESULTS GENERATED THEREBY.

YOU AGREE AND ACKNOWLEDGE THAT RATEMYFISHTANK IS NOT OBLIGATED TO, AND SHALL NOT, INDEPENDENTLY VERIFY ANY INFORMATION WITH RESPECT TO ANY PROFESSIONAL SERVICES PROVIDER (OR INDIVIDUAL HOLDING THEMSELVES OUT AS THE SAME) THAT ACCESSES OR USES THE SERVICES IN THE CAPACITY OF AN AUTHORIZED USER, INCLUDING, WITHOUT LIMITATION, SUCH INDIVIDUAL'S PROFESSIONAL PROFILE, COMPETENCY, CREDENTIALS, BACKGROUND, OR PROFICIENCY. RATEMYFISHTANK CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY OR ACTIONS OF ANY USER, OR ANY PROFESSIONAL.

Some jurisdictions do not allow the exclusion or limitation of certain warranties, so some of the exclusions and/or limitations in this Section may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RATEMYFISHTANK OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES OR SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, WORK STOPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF USE, LOSS OR ILLNESS OF PETS; OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PERSONAL INFORMATION, OR OTHERWISE, EVEN IF FORESEEABLE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATED TO THE SERVICES; ANY CONTENT OBTAINED FROM THE SERVICES; (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANIPANION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREINIS FOUND TO HAVE FAILED IT ESSENTIAL PURPOSE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, RATEMYFISHTANK IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT, IN NO EVENT WILL RATEMYFISHTANK'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO RATEMYFISHTANK IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO ANY CLAIM. If you are not satisfied with the Services, your sole and exclusive remedy is to cancel your subscription (if applicable) and cease all use of the Services. Some jurisdictions do not allow the exclusion or limitation of certain consequential damages, so some of the exclusions and/or limitations in this Section 18 may not apply to you.

All content and materials available on RateMyFishTank.com, including but not limited to text, graphics, Website name, code, images and logos are the intellectual property of RateMyFishTank.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this Website is strictly prohibited, unless specifically authorized by RateMyFishTank.com.

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

PLEASE READ THIS SECTION CAREFULLY. IT IMPACTS THE RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF TRIAL COURTS AND CLASS ACTIONS. THIS "ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER" SECTION SURVIVES ANY EXPIRATION OR EARLIER TERMINATION OF THESE TERMS.

Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and RateMyFishTank agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Website or the Services, or the breach, enforcement, interpretation, or validity of this Agreement ("Claim"), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.

For purposes of this Section, notices must be sent as follows:

• If to Rate My Fish Tank to 941 West Morse Blvd., Suite 100, Winter Park, FL 32789 with a copy emailed to information@ratemyfishtank.com.
• If to you: to your last-used billing address or the billing and/or delivery address listed in account.

Arbitration. To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Claim. You and RateMyFishTank each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

To begin an arbitration proceeding, you must send a written request to RateMyFishTank at: 941 West Morse Blvd., Suite 100, Winter Park, FL 32789 with a copy emailed to information@ratemyfishtank.com. You agree that the arbitration will be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to RateMyFishTank. In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and RateMyFishTank each agree that this Agreement evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor RateMyFishTank may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In lieu of arbitration, and notwithstanding anything in this Section to the contrary, either you or RateMyFishTank may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim. Additionally, and notwithstanding anything herein to the contrary, nothing in this Section shall prohibit you or RateMyFishTank from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this Agreement.

Class Action and Jury Waiver. You and RateMyFishTank each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and RateMyFishTank that this class action waiver is unenforceable, the arbitration agreement set forth above will be void as to you. If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

This Website is controlled by RateMyFishTank.com from our offices located in the state of Florida, United States of America. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida, by accessing our Website, you agree that the statutes and laws of Florida, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this Website.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in United States of America, Florida You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

UNLESS OTHERWISE EXPRESSED, RateMyFishTank.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: