TERMS & CONDITIONS
Welcome to the web site (“Site”) of TestimonialShield.com (“Testimonial Shield,” “we” or “us”), www.Testimonial Shield.com (the "Site" or "Web Site"). Testimonial Shield is the sole owner of this Site. Set out below are terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.
Our Intellectual PropertyThe Testimonial Shield name and Testimonial Shield-branded seals, logos, and related marks are registered trademarks/design marks of Testimonial Shield. The Testimonial Shield Web site seal, the Click to Verify mark, the Testimonial Shield mark, and other such marks are trademark/certification mark(s)/service mark(s) of Testimonial Shield. All rights reserved.
Our Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by Testimonial Shield or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Testimonial Shield.
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of interest to you. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms & Conditions, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms & Conditions, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
Proper Use of Our SiteYou may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.
You agree to defend, indemnify and hold Testimonial Shield, its officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
TransactionsCertain areas of this Site enable you to apply to join one or more of the Testimonial Shield seal programs. The terms of those programs and the terms governing your application to and participation in those programs are set forth in the License Agreement[s] for such program[s]. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your application, nor does it constitute an acceptance into the program. Testimonial Shield reserves the right after receipt of your order to accept or decline your application as provided in the License Agreement governing the particular program[s] for which you apply.
Any information contained in a Testimonial Shield Whitelist is designed to communicate the compliance with the
applicable program requirements of a Testimonial Shield Program by a particular company or software application.
The intent of each Testimonial Shield Whitelist is solely to communicate that the company or software application
listed therein has been found to be in compliance with the program requirements of the applicable Testimonial
Shield Program; however, it may be that the company or software application listed therein has violated the
program requirements of the applicable Testimonial Shield Program and such violation has not yet been detected or
reported, and in the event that it is determined that there has been a violation of the applicable program
requirements, that company’s or software application’s status on the Whitelist would be under review. Listing of any
company or software application on the Whitelist does not mean anything more than the foregoing and you may not
infer anything further about the company, products or services of the company, or the software application from
such listing on the Whitelist.
Use of the information on any of Testimonial Shield’s Whitelists is for verification and research purposes only. While Testimonial Shield encourages development of automated technologies to implement Testimonial Shield Whitelists, such development must be predicated on the execution of an agreement with Testimonial Shield regarding such development and use of the Testimonial Shield Whitelists. Absent such an agreement, obtaining information from a Testimonial Shield Whitelist by automated means, such as "screen scraping", for purposes of commercial automated verification or research is prohibited.
Disclaimer of Warranty, Limitation of Liability, and ReleaseTestimonial Shield does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” TESTIMONIAL SHIELD MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL TESTIMONIAL SHIELD OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED TESTIMONAIL SHIELD IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
TESTIMONIAL SHIELD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT TESTIMONIAL SHIELD ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Testimonial Shield’s aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
In the event that you have a dispute with Testimonial Shield, you release Testimonial Shield (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially altered his settlement with the debtor.”
Links to Other SitesOur Site may provide links to web sites not operated by Testimonial Shield. Access to any other sites linked to this Site is at your own risk. We assume no responsibility for third-party web sites. For example, we do not vouch for the accuracy or reliability of the information on third-party web sites, even if someone from our company is quoted or leaves a comment. We assume no responsibility for the content of or services offered by linked third party-sites, and make no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web sites linked to or from this site reflect only the views of their authors and not of Testimonial Shield.
Unless otherwise set forth in a written agreement between you and Testimonial Shield, you may link your Web site to the home page of our Site. [provided that you adhere to the following linking policy: (i) any link to Testimonial Shield's Site must be a text only link and clearly marked "Testimonial Shield Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Testimonial Shield’s name, trademarks, and certification marks, (iii) the link must "point" to the URL www.Testimonial Shield.com and not to other pages within our Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Testimonial Shield, (v) when selected by a user, the link must display the Testimonial Shield Site on full-screen and not within a "frame" on the linking Site, and (vi) Testimonial Shield reserves the right to revoke its consent to the link at any time and in its sole discretion.
No WaiverNo delay or failure by Testimonial Shield to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by Testimonial Shield nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of Testimonial Shield shall have any legal effect.
SeverabilityIf any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
This English-language Terms and Conditions statement is Testimonial Shield’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.
Refund PolicyIt is our goal to provide you with an exceptional service that leads to a mutually beneficial business relationship. We understand however, that this is not always possible. If for some reason you are dissatisfied with our service please contact us and let us know what we can do to remedy your dissatisfaction. If we cannot come to a mutually agreeable resolution we will refund 100% of your purchase price.
Please note that once a refund is requested you will be required to remove ALL references to TestimonialShield.com and we will no longer vouch for the legitimacy of your customer testimonials.