Reputation Score. In order to receive your Reputation Score, you will need to provide certain information about your business. You agree to provide accurate, current and complete information about your business as may be prompted by any form on the Site.
Communications from Company, Businesses and other Users. By using, accessing and/or registering for the Site, you agree and consent to receive certain communications in connection with the Site and the Services.
All content on the Site and available through the Services, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. Company also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
You agree not to, and will not assist, encourage, or enable others to, use the Site or Services to: Copy, modify, adapt, translate, or reverse engineer any portion of the Site, the Site Content and/or the Services; Remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any Site Content;
Harvest or collect email addresses or other contact information of other users from the Services or the Site by electronic or other means; Use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; Use automated scripts to collect information from or otherwise interact with the Service or the Site; Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity (including the Company); Solicit passwords or personally identifying information for commercial or unlawful purposes from anyone; intimidate or harass another; and/or Violate any applicable law.
The Site includes areas in which users may post content and information, including, without limitation, ratings and reviews, messages, comments, data, text, photos, graphics or other materials (the “User Content”) and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site. You are solely responsible for your use of the Site and your use is at your own risk. By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
You grant Company and its partners and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully assignable, transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display User Content throughout the world in any media whether now know or hereinafter created. You also grant Company and its partners, affiliates, assignees and sublicensees the right to use the name that you submit in connection with such User Content.
This Site may contain links to other websites for the convenience of Company’s users. These other sites have not been reviewed by the Company and are maintained by third parties over which the Company exercises no control. The Company expressly disclaims any responsibility for the content, policies and practices of these other websites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other websites. These links do not imply, directly or indirectly, Company’s endorsement of or affiliation with any other website or website owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that the Company’s terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked website.
10.1 You understand and acknowledge that the Services are not intended to be error free and that from time to time the Services may contain mistakes, be unavailable or may not be fully functional. This may be as a result of planned or required maintenance, repairs or updates, equipment failures, high volumes of internet traffic, interruption of telecommunications or digital transmissions links, network or system errors or many other factors.
10.2 We will try to minimize any disruption to your use of the Services; however, we do not promise that any Service will be provided on a continuous and uninterrupted basis, or that we will be able to correct any error that occurs in the Services. We will not be liable for any interruptions to the Service availability or functionality, whether caused by an Event Outside Our Control or by anything else.
10.3 You should notify us if you notice any problems with the availability or functioning of the Services so that we can try to fix these problems.
10.4 We may temporarily suspend any Service at any time if:
We believe this is necessary in order to carry out essential maintenance.
We believe this is necessary in order to prevent or respond to hacking attempts, service attacks or other similar activities directed at our systems, or to deal with any other emergency technical issue.
we have reason to believe that you are no longer using the Services or that the password and access codes we have provided to you are being misused, for example, where you fail to respond to emails from us or Our Representatives regarding your contact information; or
This suspension is required by a third party with authority, including any of Our Representatives, ICANN and judicial, regulatory, or governmental bodies.
10.5 Although all information transmitted to us is stored in operating environments which we believe are within industry standards for security, you acknowledge and agree that no data stored on or transmitted over the internet can be guaranteed to be 100% secure. We are not responsible for any security breach or any interception or interruption of Your Content, Your Data, or any communications that you send through your use of the Services.
You are responsible for securing and backing up Your Content and Your Data.
(a) There is no limit under the Agreement to what we or any of Our Representatives will be liable for if we have committed fraud or if someone dies or is severely injured due to our gross negligence.
(b) Except for the matters set out in paragraph 11(a), neither we nor any of Our Representatives will, in any circumstances, be responsible for any:
loss of profits, sales, business, or revenue;
loss, or corruption of data, information or software or loss of use of information;
loss of business opportunity;
loss of savings you expected to make;
loss of goodwill; or
loss or damage that you and we would not have thought likely at the time the Agreement was formed.
(c) If we do not keep to these Terms, we will only be responsible for losses you have suffered which you and we would have thought likely at the time the Agreement was formed. We are not responsible for any other loss that you suffer, whether that loss is caused because we have not kept to our obligations under the Agreement, because of something we have done or not done, because we have made defamatory statements or otherwise as a result of:
you using or relying on the Services;
you not being able to use the Services;
any mistake, fault, failure to do something, missing information, or virus or other form of computer programming malware in the Services or if the Services do not work properly because of Events Outside Our Control;
theft or destruction of information or someone getting access to our records, programs or services without our permission; or
any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the Services
(d) Except as set out in the Terms, we do not make any promises in relation to the Services. Where any promises would be implied into the Agreement by law, we exclude these as far as it is within our rights to do so. It is up to you to decide whether the Services are suitable for your needs. We won’t be responsible for this. We do not make any promises concerning the performance, results or success rates that may be achieved by any Service.
(e) We do not control the Content made available by your use of the Services and we do not guarantee the accuracy, truth, quality or appropriateness of this Content for your needs. By using the Services, you may be exposed to Content that is offensive or indecent (including spam), or which may contain viruses or other computer programming malware. Under no circumstances will we or Our Representatives be liable in any way for any Content posted, emailed, transmitted or otherwise made available by your use of the Services.
The service, including, without limitation, site content, is provided on an “as is”, “as available” and “with all faults” basis. to the fullest extent permissible by law, the company and the company related parties do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the site content; © the user content; or (d) security associated with the transmission of information to company or via the service. the company and the company related parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The company and the company related parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all losses, damages, expenses, rights, claims, actions of any kind, and injury (including death) including reasonable attorneys’ fees (collectively, “Claim”), arising out of or relating to (i) your use of the Services, (ii) Customer Website(s), and (iii) your obligations hereunder or your violation of these Terms, applicable law, rule or regulations or of any rights of another. The Company will provide notice to you of any such Claim. Company reserves the right to assume the exclusive defense and control of any Claim, and you agree to cooperate with any reasonable requests assisting Company’s defense thereof. You may not settle or compromise any Claim without Company’s prior written consent.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”) provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Company’s copyright agent, as set forth in the Digital Millennium Copyright Act (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
(i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work that you claim is being infringed; (iii) Identification of the material that is claimed to be infringing and where it is located on the Site; (iv) Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; (v) 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 law; and (vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.