** Terms updated 11-01-2021 **
These Terms of Service govern your access to and use of Business Reviews Corporation website https://www.businessreviews.org (the “Site”), any information, text, graphics, or other materials created and/or provided by Business Reviews Corporation and appearing on the Site (the “Content”), Products (as defined below) and any services and/or software provided through the Site or by Business Reviews Corporation (the “Services”). These Terms of Service limit Business Reviews Corporation’s liability and obligations to you, grant Business Reviews Corporation certain rights, and allow Business Reviews Corporation to change, suspend or terminate your access to and use of the Site, Content, Files and Services. Your access to and use of the Site, Content, Files and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, Files and/or Services you agree to be bound by these Terms of Service.
YOU UNDERSTAND THAT BY CHECKING THE “I AGREE” BUTTON, BY USING THE SITE, CONTENT, FILES AND/OR SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, CONTENT, FILES OR SERVICES. You are specifically agreeing to a limit of our obligations and liability as referenced in the following Sections: Us of Site at Your Own Risk, Business Reviews Corporation is Available “AS IS” and Limitation of Liability. Further, you are specifically agreeing to arbitration, on an individual basis, in the event of a dispute between us in the following Section: Controlling Law, Arbitration, Class Action Waiver and Jurisdiction. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.
The following Definitions are used throughout the “Terms of Service” document.
“Products”: consists of a browser interface, Review System Platform, Marketing Site, data encryption, data transmission, data-access, 13 Business Directory Listings and data storage. “Statement of Work”: a document that defines the work activities, deliverables, timeline, and projected costs of the project.
Account Pricing Terms and Conditions
Business Reviews Corporation charges a flat monthly service cost for business reviews, 13 Business Directory Listings, and Web Site Marketing. Business Reviews Corporation reserves the right to terminate and/or modify the terms of use of your Account at any time with notice
Billing
The fees will be billed from the date you elect, and on each monthly renewal thereafter unless and until you cancel your account. Check your “Statement of Work” to see the commencement date for your next renewal period. Business Reviews Corporation will automatically bill your credit card each month on the calendar day corresponding to the commencement of your paid account. You acknowledge that the amount billed each month will be $99.95 a month. You authorize us to charge your credit card or banking account for $99.95 a month and $199.00 one-time setup free for building Marketing site and setting up review profile.. Business Reviews Corporation may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
In the event of any change in fees and charges, we will give you 30 days advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date please contact us directly at 800-249-8326 to update your credit card. If your credit card reaches its expiration date, your continued use of the Business Reviews Corporation constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Canceling Your Account
Your BusinessReviews paid account will continue in effect unless and until you cancel your paid account or we terminate it. You must cancel your paid accounts before it renews each month in order to avoid billing of the next month’s fees to your credit card. Business Reviews Corporation will bill the monthly fees associated with your paid accounts plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
BusinessReview’s monthly paid accounts are non-refundable. Business Reviews Corporation DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTH. You may cancel your BusinessReviews paid account at any time, and cancellation will be effective immediately. If you wish to cancel your paid account you may do so via your “Account” page. Should you elect to cancel your paid accounts, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for a BusinessReviews paid account and providing Business Reviews Corporation with your payment account information, you hereby agree to these payment terms and conditions.
Content
For content that is covered by intellectual property rights, including logos, photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and use requirements. You grant us a non-exclusive, transferable, sub-licensee, royalty-free, worldwide license to use any IP content that you provide in connection with Business Reviews Corporation. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
You’re Responsibilities
You represent and warrant that the information you have provided is accurate information and that you have the necessary rights, ownership of the cell phone, consents and permissions.
You acknowledge and agree that you should not rely on the Site, Content, Messaging and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, Messaging or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, Content, Messaging and/or Services.
Privacy
See Business Reviews Corporation’s Privacy Policy for information and notices concerning Business Reviews Corporation’s collection and use of your personal information.
Account Security
You are responsible for safeguarding the password that you use to access the Site, Content, Messaging and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Business Reviews Corporation of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or files to Business Reviews Corporation, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Messaging, and Services.
You’re Use of the Services
Business Reviews Corporation grants you a limited, nonexclusive, nontransferable, revocable license to use the Site, Content, Messaging, and Services subject to the restrictions set forth in these Terms of Service.
Business Reviews Corporation Property and Feedback
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of Business Reviews Corporation and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Business Reviews Corporation incorporates any of your Feedback (as defined below) into subsequent versions. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the “Feedback”) that you provide to Business Reviews Corporation, in any form, and any contributions you make to the Site by posting content and communicating with other Business Reviews Corporation users via posts to forums on the site (“User Posts”) will be the sole and exclusive property of Business Reviews Corporation. You hereby irrevocably transfer and assign to Business Reviews Corporation and agree to irrevocably assign and transfer to Business Reviews Corporation all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At Business Reviews Corporation’s request and expense, you will execute documents and take such further acts as Business Reviews Corporation may reasonably request to assist Business Reviews Corporation in acquiring, perfecting, and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts. You will not earn or acquire any rights or licenses in the Site, Content, and Services or in any Business Reviews Corporation Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
General Prohibitions
You agree not to do any of the following while using the Site, Content, Messaging, or Services:
Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Business Reviews Corporation’s computer systems, or the technical delivery systems of Business Reviews Corporation’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Content, Messaging or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Business Reviews Corporation or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, Messaging or Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, Messaging or Services;
Use the Services for emergency services unless a separate term of service related to such use has been agreed to;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on Business Reviews Corporation’s computer system, those systems of Business Reviews Corporation’s providers, or otherwise use the Site, Content, Messaging or Services to attempt to distribute malware; or Impersonate or misrepresent your affiliation with any person or entity; and/or
Business Reviews Corporation will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Business Reviews Corporation may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Business Reviews Corporation has no obligation to monitor any user’s access to or use of the Site, Content, Messaging, and Services, but has the right to do so for the purpose of operating the Site and the Services, to ensure users’ compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Digital Millennium Copyright Act Compliance
You will only upload, post, submit, or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or another intellectual property right, or moral right or right of publicity). Business Reviews Corporation has adopted and implemented a policy that permits the deletion of files that violate this policy, and that permits the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that Business Reviews Corporation is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Business Reviews Corporation of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination
If you violate any of these Terms of Service, your permission to use the Site, Content, Messaging, and Services will automatically terminate. Business Reviews Corporation reserves the right to revoke your access to and use of the Site, Content, Messaging, and Services at any time, with or without cause, and with or without notice. Business Reviews Corporation also reserves the right to cease providing or to change the Site, Content, Messaging, or Services at any time and without notice.
Business Reviews Corporation reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, and without further notice, Business Reviews Corporation may choose to delete and/or reduce: (i) any or all of Your Files if your Free Account is inactive for 90 days; and (ii) previous versions and/or prior backups of Your Files.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, Messaging, and Services and is at your own risk. Business Reviews Corporation will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Content, Messaging, or Services.
Business Reviews Corporation is Available “AS-IS”
THE SITE, CONTENT, MESSAGING AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BUSINESS REVIEWS CORPORATION EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE SITE, CONTENT, MESSAGING AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.
BUSINESS REVIEWS CORPORATION MAKES NO WARRANTY THAT THE SITE, CONTENT, MESSAGING OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BUSINESS REVIEWS CORPORATION MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, FILES OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUSINESS REVIEWS CORPORATION OR THROUGH THE SITE, CONTENT, FILES, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold Business Reviews Corporation, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content, Messaging, and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to the right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Business Reviews Corporation, or your use of Business Reviews Corporation, caused damage to a third party, including without limitation claims that Your Business Reviews or use of BusinessReviews infringe the rights of another.
Limitation of Liability
IN NO EVENT WILL BUSINESS REVIEWS CORPORATION BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, MESSAGING AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, MESSAGING OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BUSINESS REVIEWS CORPORATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BUSINESS REVIEWS CORPORATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, BUSINESS REVIEWS CORPORATION WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
FREE ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF BUSINESS REVIEWS CORPORATION TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, MESSAGING AND/OR SERVICES IS LIMITED TO TEN ($10) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUSINESS REVIEWS CORPORATION AND YOU.
BUSINESSREVIEWS MEMBERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF BUSINESS REVIEWS CORPORATION TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, FILES AND/OR SERVICES IS LIMITED TO LOWER OF THE AMOUNTS YOU HAVE PAID TO BUSINESS REVIEWS CORPORATION DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIM, FOR ACCESS TO AND USE OF THE SITE, CONTENT, FILES OR SERVICES, OR FIFTY ($50) DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUSINESS REVIEWS CORPORATION AND YOU.
Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
Waiver
The failure of Business Reviews Corporation to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Controlling Law, Arbitration, Class Action Waiver and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Cook County, Illinois, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Please contact our customer service department before commencing a legal action as most disputes can be resolved without such action. In the unlikely event that a dispute cannot be resolved by them then we both agree to binding arbitration in Cook County, Illinois. All disputes regarding these Terms of Service, our Privacy Policy and/or the Services shall be adjudicated by such arbitration. Notwithstanding the foregoing, we reserve the express right not to arbitrate claims we have against you for violation of our intellectual property rights and/or our AUP. Further, if either of us brings a claim in court that should be arbitrated or any either of us refuses to arbitrate a claim that should be arbitrated, the other party can request a court to force both of us to go to arbitration to resolve the claim (i.e., compel arbitration). In the event of arbitration, then it shall be conducted through the American Arbitration Association (AAA) in accordance with their then current rules. Before we arbitrate, the parties agree to first work with an AAA mediator. If mediation is not successful, then both of submit to arbitration through AAA with one arbitrator the decision of which will be final and binding on both of us.
Both of us agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding without our permission. Further, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other customers, and cannot be used to decide other disputes with other customers.
Export Restrictions
The export and re-export of Business Reviews Corporation software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Business Reviews Corporation software products. In addition; Business Reviews Corporation software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
Entire Agreement
These Terms of Service are the entire and exclusive agreement between Business Reviews Corporation and you regarding the Site, Content, Services and Your Business Reviews Corporation, and these Terms of Service supersede and replace any prior agreements between Business Reviews Corporation and you regarding the Site, Content, Services and Your Business Reviews Corporation. We may change these terms at any time. If you continue to use the Services after such change, then you will have been deemed to have accepted such changes.