Terms of Service
Last updated: 02/01/2024
1. Introduction
Welcome to BestLocalReviews.org (the "Website"). The Website is operated by BestLocalReviews.org (the "Company", "we", "us", or "our") and provides a platform for users to post and read reviews and ratings of local businesses (the "Service").
By accessing or using the Website or Service in any way, including browsing, creating an account, or posting reviews or other content, you ("you" or "User") agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, you must not use the Website or Service.
2. Eligibility
You may use the Website only if you:
- are at least the age of majority in your jurisdiction; and
- have the legal capacity to enter into a binding contract; and
- are not prohibited from using the Website under any applicable laws.
3. Changes to These Terms
We may modify these Terms at any time, in our sole discretion. If we make material changes, we may provide notice by posting the updated Terms on the Website and updating the "Last updated" date above. Your continued use of the Website after the updated Terms are posted constitutes your acceptance of the changes.
4. User Accounts
To access certain features, you may need to create an account. You agree to:
- provide accurate, current, and complete information;
- maintain and promptly update your information as needed;
- keep your login credentials secure; and
- accept full responsibility for all activity that occurs under your account.
We reserve the right, in our sole discretion, to suspend or terminate your account at any time, with or without notice, for any reason or no reason, including any violation of these Terms.
5. User Conduct
You agree that you are solely responsible for your use of the Website and for all content, reviews, ratings, messages, or other materials you submit, upload, post, or otherwise make available (collectively, "User Content").
You agree that you will not, and will not permit or encourage others to:
- post false, misleading, or deceptive reviews or information;
- post content that is defamatory, libelous, harassing, threatening, hateful, abusive, obscene, or otherwise objectionable;
- post content that violates any third-party rights, including privacy, publicity, or intellectual property rights;
- post spam, promotional content, or advertisements not expressly authorized by us;
- use the Website for any illegal purpose or in violation of any law or regulation;
- scrape, crawl, or use automated means to access or collect data from the Website without our prior written consent;
- interfere with or disrupt the operation of the Website or the servers or networks used to make it available.
6. Ownership of User Content
6.1 Assignment of Rights
By submitting, uploading, posting, or otherwise providing any User Content on or through the Website, you irrevocably and unconditionally:
- assign, transfer, and convey to BestLocalReviews.org, exclusively, all right, title, and interest worldwide in and to such User Content, including all associated intellectual property rights, without any compensation to you;
- agree that BestLocalReviews.org will be the sole and exclusive owner of the User Content and may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, monetize, and otherwise exploit such User Content in any manner and in any media now known or later developed, forever, and for any purpose, in its sole discretion.
6.2 Waiver of Moral and Similar Rights
To the maximum extent permitted by applicable law, you irrevocably waive any and all "moral rights" or similar rights you may have in or to the User Content, including any right to be identified as the author, and any right to object to derogatory treatment of the User Content.
6.3 Representations and Warranties
You represent and warrant that:
- you are the sole and exclusive owner of the User Content, or you have all licenses, rights, consents, and permissions necessary to make the assignment described above;
- the User Content does not and will not infringe, misappropriate, or violate any third-party rights or any law or regulation;
- no payments of any kind will be due to any third party in connection with our use of the User Content.
You acknowledge and agree that once you submit User Content, you will have no ownership, authorship, or other rights in or to that User Content, and you may not reuse, republish, or exploit that exact User Content in a conflicting manner that implies it is not owned by BestLocalReviews.org.
7. Company Content and Intellectual Property
All content on the Website other than User Content, including but not limited to text, graphics, logos, icons, images, software, and the compilation thereof (collectively, "Company Content"), is owned by or licensed to BestLocalReviews.org and is protected by copyright, trademark, and other laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Website or Company Content except as expressly permitted by us in writing.
8. No Endorsement; No Responsibility for Third Parties
The Website is a platform for users to share opinions and experiences about local businesses. User reviews and ratings reflect the opinions of individual users, not BestLocalReviews.org. We do not endorse, guarantee, or verify the accuracy, completeness, or usefulness of any User Content or any information about businesses listed on the Website.
Any dealings you have with businesses or other third parties found on or through the Website are solely between you and that business or third party. You agree that we are not responsible for any loss or damage of any kind incurred as the result of any such dealings, or as the result of the presence of such businesses or third parties on the Website.
9. Disclaimers
YOUR USE OF THE WEBSITE AND SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BestLocalReviews.org EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INCLUDING USER CONTENT OR BUSINESS INFORMATION.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BestLocalReviews.org, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
- your access to or use of, or inability to access or use, the Website or Service;
- any conduct or content of any user or third party, including defamatory, offensive, or illegal conduct;
- any content obtained from the Website, including User Content and information about businesses; or
- unauthorized access, use, or alteration of your transmissions or content.
TO THE FULLEST EXTENT PERMITTED BY LAW, BestLocalReviews.org SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICE. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY IS FOUND, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID (IF ANY) TO USE THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE U.S. DOLLAR (USD $1), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties; therefore, some of the above exclusions and limitations may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless BestLocalReviews.org, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees) arising out of or related to:
- your use of or access to the Website or Service;
- your User Content, including any claim that it infringes, misappropriates, or violates any right of any third party;
- your violation of these Terms; or
- your violation of any law or regulation or the rights of any third party.
12. Third-Party Links
The Website may contain links to third-party websites, services, or resources that are not owned or controlled by BestLocalReviews.org. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that BestLocalReviews.org shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
13. Termination
We may, in our sole discretion, suspend or terminate your access to all or part of the Website, with or without notice, for any reason or no reason, including without limitation any violation of these Terms.
Upon termination, all provisions of these Terms which by their nature should survive shall survive, including, without limitation, ownership provisions (including ownership of User Content by BestLocalReviews.org), warranty disclaimers, indemnity, and limitations of liability.
14. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to these Terms or the Website shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict-of-law principles.
You agree to submit to the exclusive jurisdiction of the courts located in the state of California to resolve any legal matter arising from these Terms or your use of the Website. You agree not to commence or prosecute any action in any forum other than those located in the state of California.
15. Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Email: support@bestlocalreviews.org
This document is provided for general informational purposes only and does not constitute legal advice. Laws vary by jurisdiction, and the enforceability of these provisions, including limitations of liability and ownership of user content, may depend on local law. You should consult with a qualified attorney licensed in your jurisdiction to review and adapt these Terms for your specific business and circumstances.