Terms of Use

1. Disclaimer

The information available through the Site is provided solely for informational purposes on an “as is” basis at the user’s sole risk. SimilarDifferent.com makes no guarantees as to the accurateness, quality, or completeness of the information and SimilarDifferent.com shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. The user is solely responsible for verifying the information as being appropriate for the user’s personal use.

2. Our Right to Modify These Terms of Use

We reserve the right to change these Terms of Use at any time. You should check this page regularly. The changes will appear on the Site and will be effective when we post the changes. Your continued use of the Site means you agree to and accept the changes.

3. Our Privacy Policy

Our Privacy Policy contains further information about how data is collected, used, and made available on or by our Site. We encourage you to read it, here.

4. Intellectual Property

Your Limited License to our Intellectual Property

The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks, and service marks, are the property of SimilarDifferent.com or its affiliates or licensors and are protected by copyright, trademark, and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the prior written permission of SimilarDifferent.com. SimilarDifferent.com grants you a personal, non-exclusive, non-transferable, revocable license to use the Site and any materials on the Site for non-commercial purposes subject to these Terms of Use.

SimilarDifferent.com Trademarks and Logos

The terms SimilarDifferent.com, www.SimilarDifferent.com, and other SimilarDifferent trademarks and services marks, and all related names, logos, product and service names, designs, and slogans, are trademarks of SimilarDifferent.com or its affiliates or licensors. You may not use such marks without the prior written permission of SimilarDifferent.com. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

5. Reliance on Information on Site

We have no obligation to, and you should not expect us to, review content on our Site, including User Contributions (defined below) or contributions by our independent contributors.

About our Contributors

SimilarDifferent.com seeks out content providers in particular subject matters as independent contractor contributors to the Site. SimilarDifferent.com does not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials as to the subject matter to which their contributions relate. To the extent we refer to each of these contributors as an expert, you must understand that we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. SimilarDifferent.com is also not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as an expert, are not employees of SimilarDifferent.com or its affiliates, and SimilarDifferent.com cannot and does not represent or warrant the accuracy, completeness, or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Site.

Please do not rely on Site content, including User Contributions and content from our independent contractor contributors. Content is provided for general information purposes only and can never take into account your unique, personal circumstances and needs. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and SimilarDifferent.com shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Site, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice.

6. Prohibited Uses of the Site

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate SimilarDifferent.com, a SimilarDifferent.com employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm SimilarDifferent.com or users of the Site or expose them to liability.

Additionally, you agree not to:

• “Scrape” or disaggregate data from the Site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material or mechanism which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Otherwise attempt to interfere with the proper working of the Site.

7. Content That You Make Available on the Site

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, review and ratings sections, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Site.

If you voluntarily disclose personal information (e.g., user name, email address) on the Site, such as on a forum, chat room, or on any other user or member-generated pages, that information can be viewed in search engines, collected, and used by others and may result in unsolicited contact from other parties. We strongly advise that you not post any personal or other sensitive information on our Site.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, harass, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Promote commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.

8. Your Indemnification of Us

You agree to indemnify, defend and hold harmless SimilarDifferent.com, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account or these Terms of Use or any representations, warranties, and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. SimilarDifferent.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9. WARRANTY DISCLAIMER

THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.

10. LIABILITY DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER, SimilarDifferent.com NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SimilarDifferent.com AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.

11. Third-Party Links, Advertisements, Websites, and Content

We do not review or monitor any websites, advertisements, or other media linked to or available through the Site and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing, product quality, and other information necessary to make an informed purchase. Neither SimilarDifferent.com nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Site, and we shall not receive or review complaints regarding such purchases.

12. Disputes

These Terms of Use and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of New York (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of New York, County of New York.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

13. Waiver and Severability

No waiver by SimilarDifferent.com of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SimilarDifferent.com to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.