TERMS OF SERVICE AGREEMENT

1. Your Acceptance. Your use of www.Cleanscores.com (the "Site") owned or operated by Cleanscores, Inc., its affiliates, agents, or licensors (collectively "we," "us," or "Cleanscores") and the services provided through or in connection with the Site, are subject to this Terms of Service Agreement ("Agreement") and the current Cleanscores Privacy Policy. Cleanscores may at any time revise or amend this Agreement. Each time you use the site, you agree to be bound by the current agreement and privacy policy. If you do not agree to all of these conditions, then you must immediately stop using the Site. This Agreement applies to all visitors, users, and others who view the site ("Users").
2. Links to Other Web Sites. The Site may contain links to third-party web sites that are not controlled by Cleanscores, including links provided by Users. Cleanscores has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites. You expressly relieve Cleanscores of any and all liability arising from your use of any third-party web site. Unless we expressly state otherwise, the fact that Cleanscores has provided a link to a site is not an endorsement or affiliation with respect to such web site or its owners or providers.
3. Information. The Site contain ,among others, official health inspection results from state and local regulators, users feedback, opinions and rankings ("Information") collectively provided by Users or gathered by Cleanscores from various sources, and filtered or aggregated using computer algorithms. All Information is provided "as is". The Information is intended solely as general information and is not professional advice. All scores are based on official health inspection results from state and local regulators and publicly available information. Any use of the Information is at your sole risk. Cleanscores shall not be liable in any way for the accuracy, completeness, timeliness, or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. Cleanscores expressly disclaims all liability for errors in the accuracy of health inspection information that contains inherent inaccuracies. Users agree that if the Information is inadvertently biased, not up to date, or if Cleanscores's algorithms for aggregating and presenting the Information are flawed, Cleanscores shall not be liable for any injury, loss, or any other claim of a User. Cleanscores' goal is to provide the User with information regarding the cleanliness and hygiene of local restaurant so that the user can make informed dining decisions. Cleanscores ranking system utilizes publicly available data from state and local government sources and focuses on the averages of such date in an effort to capture trends and track restaurant performance OVER TIME. Cleanscores acknowledges that other methods of data aggregation and averaging may be used and that Cleanscores uses only one out of a few possible methods. The use of alternative data aggregation and averaging methods may yield different results. For more information regarding our ranking please see: CleanScore's Scoring System.
4. Use of the Site. Cleanscores hereby grants you permission to use the Site as set forth in this Agreement provided that you comply with the Agreement. Cleanscores reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site or services with or without notice. You agree not to use, copy, modify, reformat, create derivative works, publicly display, download, store, transmit, provide links to, post, or distribute any content on the Site, including without limitation, the text, scripts, graphics, software, data, Information, photos, images, and the like ("Content") or use any Content for commercial purposes without obtaining prior written consent from Cleanscores. You may download Content displayed on the Site for non-commercial, personal use only and you must maintain all copyright and other proprietary notices contained on the Content. To access some features of the Site, you may have to register on the Site. You may never use another user's registration or password without permission. When registering, you must provide accurate and complete information. You are solely responsible for the activity that occurs under your account and password, and you must keep your password secure. You may not use the site in any manner that is illegal or harmful to the site. Specifically, but not limited to the following, you must not:
   • Use the Site through unauthorized interfaces or protocols;
   • Submit, upload, post, email, transmit or otherwise make available material that infringes the rights of others or is illegal, harmful, abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
   • Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Content (accept as applicable law expressly permits);
   • Remove, obscure or alter any notices or indications of any Intellectual Property rights;
   • Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the Site servers;
   • Take any action that imposes an unreasonable or large load on our infrastructure;
   • Upload invalid data, viruses, worms, or other harmful software to the Site;
   • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site, unless expressly permitted by us;
   • Interfere or attempt to interfere with the proper working of the Site or use the Site in a way that disables it or prevents or inhibits anyone from using it; or
   • Impersonate any person or entity.
   Cleanscores may permanently or temporarily terminate, suspend, or otherwise refuse to permit User's access to the Site without notice and liability for any reason, no reason, or for your violation of any provision of the Agreement.
5. Intellectual Property Rights. Cleanscores or its licensors, have exclusive proprietary rights to its Content that is provided on this Site. Any of Cleanscores's trademarks, service marks, trade names, icons, logos, patents, trade secrets and copyrights that are provided or embodied on the Site ("Intellectual Property") are the exclusive property of Cleanscores or its licensors. Cleanscores retains all rights in its Content and Intellectual Property that are not expressly granted in this Agreement. Cleanscores's Content and Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Cleanscores.
6. Content Posted By You on the Cleanscores Site. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You understand and agree that Cleanscores may review and delete any Content, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) that in the sole judgment of Cleanscores violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Cleanscores Site and/or other website users. You are solely responsible for the any Content that you publish or display on the Cleanscores Site or transmit to other members and/or other website users (hereinafter, "Posted Content"). You are solely responsible for your ratings and reviews of businesses listed on Cleanscores. Cleanscores reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed. You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information. By posting Posted Content on the Cleanscores Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Cleanscores, its contractors, and the users of the Cleanscores Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Cleanscores Site. Cleanscores reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Cleanscores Service and terminating the membership of such violators or blocking your use of the Cleanscores Service and/or Cleanscores Site. You may not post Content that:
   • Is false or intentionally misleading;
   • Is patently offensive to users of the Cleanscores Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   • Harasses or advocates harassment of another person;
   • Involves the transmission of unsolicited mass mailing or "spamming";
   • Promotes illegal activities or conduct that is abusive;
   • Is threatening, obscene, defamatory or libelous;
   • Is pornographic or sexually explicit in nature; or
   • Seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
7. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
   4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
   5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Cleanscores's designated Copyright Agent to receive notifications of claimed infringement is:
      Attn: DMCA Notice
      Cleanscores, Inc.
      405 Olive Ave.
      Palo Alto, CA 94306
      email:
   You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8. Warranty Disclaimer. THE CONTENT PROVIDED THROUGH THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. CLEANSCORES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ACCESSIBILITY, AVAILABILITY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR ITS CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. CLEANSCORES PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, LOSS, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. CLEANSCORES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
9. Limitation of Liability. IN NO EVENT SHALL CLEANSCORES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VI) USER SUBMISSIONS OR THE HARMFUL OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Site is controlled and offered by Cleanscores from its facilities in the United States of America. Cleanscores makes no representations that the Site is appropriate or available for use in other countries. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. Indemnity. You agree to indemnify and hold Cleanscores and its affiliates, agents, employees, and licensors harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim regarding your User Submissions. This indemnification obligation will survive termination of this Agreement and discontinuance of your use of the Site.
11. Ability to Accept Agreement. By your use of the Site, you affirm that you are either are at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, and obligations, set forth in this Agreement. In any case, you affirm that you are 13 years old or older, as the Site is not intended for children under the age of 13. If you are under 13 years of age, do not use the Site.
12. Assignment. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Cleanscores without restriction, including without limitation, in the event that Cleanscores, Inc., forms a partnership with, is merged with, is acquired by another company or goes into bankruptcy.
13. Term and Termination. Your permission to access the Site under this Agreement will immediately terminate if you violate with any term of this Agreement. You agree that Cleanscores, in its sole discretion and with or without notice, may terminate your access to any or all of the Site. Only Paragraphs 1 and 4 shall not survive termination of this Agreement.
14. Governing Law. You agree that this Agreement shall be governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflict of law or your actual state or country of residence. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Santa Clara, California.
15. Entire Agreement/Severability. This Agreement, together with the Privacy Policy and any other notices published by Cleanscores on the Site, shall constitute the entire agreement between you and Cleanscores concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
16. No Waiver. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and Cleanscores's failure to assert any right under this Agreement shall not constitute a waiver of such right.
17. Effective Date. The Agreement may be changed from time to time at Cleanscores's sole discretion. We will notify you about significant changes by sending you a notice to the primary email address specified in your account or by placing a notice on the Site.

The Agreement was last revised on March 20, 2007.