BestWebFirms Terms of Service
Last Updated: October 15, 2016
BestWebFirms assists service providers in marketing their companies and services in a number of ways including reviews, awards, and rankings of companies, and by facilitating the connection of buyers with sellers. The terms “our”, “we”, “us” refer to BestWebFirms, at 289 Main Street San Diego CA 92104. The term “buyers”, “visitors”, “you”, “users” refers to users who visit the BestWebFirms website (“Website”) and/or submit content to BestWebFirms by any means.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.
BESTWEBFIRMS MAKES NO CLAIMS WITH RESPECT TO OTHER ENTITY, SUCH AS THE COMPANIES REVIEWED ON THE SERVICES. BESTWEBFIRMS DOES NOT ENDORSE ANY VENDOR, COMPANY, PRODUCT OR SERVICE DEPICTED IN THE SERVICES AND DOES NOT ADVISE ANYONE TO SELECT ANY COMPANY ON THE BASIS OF BESTWEBFIRMS RANKINGS, RATINGS OR REVIEWS. REVIEWS ON THE SERVICES CONSIST OF THE OPINIONS OF THE REVIEWERS AND SHOULD NOT BE CONSTRUED AS STATEMENTS OF FACT. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF QUALITY, ACCURACY, OR RELIABILITY OF USER CONTENT. YOUR PURCHASE OR USE OF, INCLUDING THE QUALITY OF ANY SERVICE OR PRODUCT PURCHASED FROM AN ENTITY RATED ON THE SERVICES IS AT YOUR OWN RISK.
BESTWEBFIRMS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, ACCURACY, OR NON-INFRINGEMENT. THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. BESTWEBFIRMS DOES NOT GUARANTEE OR WARRANTY THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE SERVICES OR IN THE INFORMATION IN OR DESCRIPTION OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, COMPANY PROFILES, PORTFOLIO IMAGES AND DESCRIPTIONS, REVIEWS, DIRECTORY AND RESEARCH DATA, ETC.). BESTWEBFIRMS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY INFORMATION ABOUT A SERVICE OR PRODUCT OR COMPANY DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY BESTWEBFIRMS.
IF YOU ARE DISSATISFIED OR HARMED BY BESTWEBFIRMS OR ANYTHING RELATED TO BESTWEBFIRMS, YOUR SOLE REMEDY IS TO CLOSE YOUR BESTWEBFIRMS ACCOUNT, AND TO STOP USING THE SERVICES.
BESTWEBFIRMS DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. BESTWEBFIRMS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BESTWEBFIRMS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By entering into the Terms on as a representative of any legal entity, you warrant that you have the permission to enter into contracts on behalf of such entity and its affiliates to the Terms. In this case the use of “your” or “you” will also refer to the legal entity and it’s affiliates as applicable.
At our sole discretion we reserve the right, to modify these Terms without notice. Your continued use of the Services is recognition and acceptance of the changed Terms. We reserve the right to deny access to anyone for the Services, for any reason and at any time.
It is your responsibility to return to this page to see the most recent version of the Terms.
Your Use of The Services.
As a condition of your use of the Services, you agree to do the following: Comply with all applicable laws, including, without limitation, intellectual property laws, tax laws, privacy laws, and any and all applicable regulatory requirements; Provide accurate information to us and update it as necessary; and Review and comply with notices sent by BestWebFirms concerning the Services.
As part the Services, you can create a BestWebFirm’s account. Responsibility for your account rests with you. You agree to provide, and maintain at all times, current, complete and accurate information. BestWebFirms in its sole discretion, can refuse to keep your user account and can suspend or terminate for any reason whatsoever. You are responsible for keeping your account login information secure. You agree to notify BestWebFirms immediately upon discovering unauthorized access or use of your account.
You are responsible for the content your submit.
Through The Services BestWebFirms enables you to submit via various communication mediums (“submit/transmit”) content such as comments, messages, reviews, and other content (known as, “User Content”) that could or could not be made available to other users.
You agree that you are solely responsible for all User Content you submit. Any submission must be up to date and accurate. You admit and indemnify that you have all required rights to submit, use, or disseminate such User Content without violating any other entities rights.
You assume all risk for any User Content you transmit, as well as a user’s reliance on submitted User Content. You could expose your self to legal responsibility should you submit person content material that’s false, deceptive, defamatory, violates any third-party right or contractual restriction or accommodates illegal materials. You agree that you’ll indemnify, defend, and hold harmless BestWebFirm’s for all claims ensuing from User Content that you submit, including but not limited to claims alleging defamation. BestWebFirm’s reserves the right to choose whether or not BestWebFirms will at BestWebFirm’s expense, to manage such disputes, and in any occasion, you’ll cooperate with us in asserting any obtainable defenses.
You acknowledge and agree that we reserve the privilege, in our sole discretion, to edit, transfer, reject, or delete any User Content that’s contributed to the Services for any cause or no purpose, however we don’t assume the obligation. For instance, we might take away an evaluation if we, in our sole discretion, imagine it violatess our Review Guidelines. BestWebFirm’s has no obligation to retain or present you copies of the User Content.
Your Risk in Using User Content
You acknowledge and agree that we don’t confirm, verify, or sanction User Content and that you bear all risks related your use of or reliance on User Content. Reference to any merchandise, companies, processes or other knowledge, by name, trademark, producer, provider or in any other case and any rating on the Services doesn’t represent or indicate endorsement or advice thereof by BestWebFirms. User Content and rankings encompass the opinions of outside entities and possibly contain inaccuracies. BestWebFirms makes no assurances relating to the standard, accuracy, or reliability of any User Content or rankings on the Services. You additionally perceive that by utilizing the Services, there is some chances you could view User Content that you view as offensive or objectionable.
From time to time, BestWebFirms could present incentives to encourage customers to submit opinions. Any such incentives should not depend on whether or not the opinion is considered in a positive or negative light. BestWebFirms is not obligated to enforce the Terms in your behalf. You could notify BestWebFirms in the event you imagine one other person has violated the Terms; nevertheless, BestWebFirms reserves the right, in its sole discretion to analyze violations of and administer the Terms.
We will reply to notices of alleged copyright infringement that adjust to relevant regulation and are correctly offered to us. If you consider that User Content has been copied in way that constitutes copyright infringement, please present our copyright agent with the next data in accordance with the Digital Millennium Copyright Act: (i) a physical or digital signature of the copyright proprietor or an individual licensed to behave on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that’s claimed to be infringing or to be the topic of infringing activity and that’s to be removed or access to which is to be eliminated, and data moderately enough to allow us to find the fabric; (iv) your contact information, together with your address, phone number, and an e-mail; (v) a letter prepared stating that in all good faith that use in the manner complained and with the material in question, is not authorized by the copyright owner, its agent or the law; and (vi) a letter stating that the information within the notification is correct, and, under the penalty of perjury, that you’re approved to act on behalf of the copyright proprietor.
Our designated copyright agent for legal notices is:
San Diego CA 92104
We will ship a replica of your notification to the entity who offered the allegedly unlawful content and a hyperlink to your notification could be displayed on BestWebFirms instead of the eliminated content material.
We reserve the precise to delete User Content alleged to be infringing or in any case may be unlawful at any time and at our sole discretion. In certain circumstances, we may also terminate an entity’s user account.
BestWebFirm’s License to User Content
Sending User Content through your use of the Services, grants BestWebFirms a world-wide, irrevocable, irrevocable, royalty-free, non-exclusive, sub-licenseable and transferrable license, to make use of the User Content for any purpose in any format or medium now recognized or created in the future, together with out limitation for selling, redistribution, offering Services including spinoff services in any medium channels and through any medium, with no additional compensation or notice to you or any other entity.
BestWebFirms and licensees of BestWebFirms can publicly show ads and other info adjoining to or included with User Content. You are not entitled to any compensation for such advertisements. The method, mode and extent of such ads can changes with no notification to you.
In using the Services, you confirm and agree you will not, nor will you help or advise others to:
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, carry out, show, promote, rebrand, or in any other case send info discovered on BestWebFirms (excluding User Content submitted by you) besides as permitted in these Terms, or as expressly approved by BestWebFirms;
- Provide compensation or obtain compensation in alternate for writing or requesting the elimination of content material, apart from incentivized opinions that adhere to our Review Guidelines. This contains threatening or blackmailing, to give negative reviews unless demands are met;
- Utilize or copy data, content material or any knowledge you view on or receive from BestWebFirms except as expressly permitted in the Terms;
- Attempt to, or to override any security element included in or granting access to BestWebFirms;
- Submit, electronic mail, transmit, or in any other case, make or out there or send any material that:
- Is discriminatory, illegal, abusive, obscene, libelous, or in any other case unacceptable;
- Contains software viruses, worms, or any computer code, that could restrict the performance of any software program or hardware of BestWebFirms;
- Infringes upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of publicity, or any other intellectual or proprietary rights;
- Includes any unsolicited or unauthorized promoting, promotional supplies, “spam”, “chain letters”, “pyramid schemes”, or some other type of solicitation;
- Includes data that you don’t have legitimate right to reveal under any regulation or contractual or fiduciary relationships (equivalent to insider info, or proprietary and confidential info discovered or disclosed as a part of employment relationships or nondisclosure agreements);
- Violate our Review Guidelines, by for instance, submitting any inaccurate, pretend, false, or defamatory info in your organization profile, evaluations, feedback, or any User Content;
- Delete or change any trademark, copyright or any other proprietary notification that appears on the Services;
- Decompile, disassemble, reverse engineer, decipher or in any other case try to derive the source code for the Services or any underlying IP (intellectual property) utilized to used to supply the Services, or any half thereof;
- Hurt, harass, or threaten anyone, and/or log in utilizing an alias that masks your actual identity;
- Record, course of or mine details about BestWebFirms users, customers, or User Content submitters;
- Use any means including manual or automated programs or scripts to duplicate, crawl, scraper or spider any part of the Services;
- Gain unauthorized entry to the Services, accounts, or BestWebFirms networks by hacking, password mining or any means what so ever;
- Engage in anything that interferes with the functional working of BestWebFirms infrastructure;
- Post evaluations on providers or merchandise provided by your present employer or by competitors of your present employer’s companies or merchandise, or on any services or products for which you might have a conflict of interest;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any underlying intellectual property used to furnish the Services, or any part thereof.
Intellectual Property and Ownership
User Content you submit, you own. BestWebFirms owns content except User Content. The Services are protected by trademark, copyright, and legal guidelines of the United States and foreign nations. Except as expressly offered in these Terms, BestWebFirms and its licensors retain ownership of right title and interest to the Services, together with all related property rights. You won’t take away, alter or obscure any copyright, trademark, service mark or different proprietary rights notices included in or accompanying the Services. All emblems, service marks, logos, commerce names and every other proprietary designations of BestWebFirms used herein are emblems or registered logos of BestWebFirms and might not be copied, imitated or used, in complete or partially, with out the prior written permission of BestWebFirms. All different emblems, registered emblems, product names and firm names or logos talked about within the Services are the property of their respective homeowners.
If you buy a Sponsorship or another providers that we provide for a price, for both a one-time or subscription, you agree to pay the relevant charges as set forth on the time of buy as they turn into due plus all associated taxes, and to reimburse us for all collection costs with interest on any overdue balance. By making a purchase at BestWebFirms, you’re expressly agreeing that we or any agent of ours are approved to charge you a recurring subscription payment on a month-to-month basis as set forth within the Invoice, and some other costs you could incur in connection together with your use of the Services, together with any relevant taxes, to the fee technique you offered. The subscription price might be billed initially of your subscription and every month thereafter until and till you cancel your subscription or your payment method fails or expires. If the payment method you utilize with us, reaches its expiration date and you don’t edit your payment data or cancel your subscription, you authorize us to bill that method and you are still responsible for any uncollected amount. Failure to pay in a well timed method could cause the termination of your subscription and/or the accumulation of late charges. Late charges of as much as $200 could also be applied on invoices 30 days overdue.
Your obligation to pay charges continues till you cancel your subscription. All relevant taxes are calculated primarily based on the billing data you present us at the time you buy. You might cancel or drop your Sponsorship at any time by contacting us. BestWebFirm’s refund coverage is described on the Sponsorship web page right <a href=”/submit-your-firm”>here</a>. We don’t guarantee refunds for dissatisfaction beyond any described elsewhere in the Services.
BestWebFirms reserves the right to limit, drop, or terminate the Services or your Subscription at any time with out prior notification or liability, with or with out reason in BestWebFirms sole discretion.
Reviews & Sponsorships
Sponsorships permit entities additional promotion of their profile on BestWebFirms by turning into a sponsor <a href=”/submit-your-firm/”>here</a> (“Sponsorship”). When visitors go to a assessment web page, the default order of display is sponsors on top, and are designated with a flag. Companies could be required to fulfill certain requirements, pursuant to the extent of sponsorship they want to buy. Sponsorship does not have an effect on an organization’s BestWebFirm’s rating on BestWebFirms nor does Sponsorship assure any quantity of site visitors, sales, leads or in any other benefit. Sponsorship impacts where a sponsor shows in the list of ratings and the level of the Services received.
If you supply a free or discounted service or product in trade for a overview, you should clearly state that the rating: 1) may be positive or negative; 2) should replicate the reviewer’s actual opinion; and 3) should clearly and conspicuously disclose the reviewer received a free or discounted service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BESTWEBFIRMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF BESTWEBFIRMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO SUCH CLAIM IN THE CALENDAR MONTH IN WHICH SUCH CLAIM AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold BestWebFirms harmless from and against any and all third party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising out or relating in any way to (1) your failure to comply with these Terms, including, without limitation, your submission of User Content or (2) your use of the Services or any activity in which you engage on or through BestWebFirms.
Assignment of Rights
You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, BestWebFirms for any third party that assumes our rights and obligations under the Terms.
Entire Agreement & Severability
You agree that these Terms constitute the entire, complete and exclusive agreement between you and BestWebFirms regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.
If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
You must be 18 years of age or older in order to use the Services, including but not limited to registering for an account, using the Website or using or submitting reviews or other User Content.
Choice of Law
These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the laws of New York regardless of your country of origin or where you access BestWebFirms, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and BestWebFirms agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in New York, county of Onondaga, except as otherwise agreed by the parties.
Waiver of Rights and Injunction
Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions shall be deemed legally binding unless documented in a physical writing hand signed by a duly appointed officer of BestWebFirms.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Links to Third-Party Sites