Terms of Use Agreement

Terms of Use Agreement

Effective Date: November 21, 2015

Reviews and Deals, Inc. (hereinafter “R&D”) provides the website reviewsdeals.com. The following terms and conditions contained within this agreement (hereinafter “Agreement”) govern your use of and access to the Website and contain important information about your rights, duties, and obligations when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use of the Website immediately.  You is defined to include holders of a Users and Reviewers, unless specified otherwise individually herein.

R&D MAY, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. R&D RESERVES THE RIGHT TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE IN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT R&D MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

Warranties and Representations

You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder and that you are not prohibited from entering into this Agreement by any preexisting agreement. You warrant and agree that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine, excluding search engine spiders. If you are entering into this Agreement on behalf of a third party, you warrant and agree that you are an authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement. You warrant and agree that you will access the Website from your own computer or mobile device and that you will not impersonate any person or entity or forge any identifiers of origin or source, such as IP addresses or packet headers, in accessing or using the Website. You agree to comply in good faith, with the terms of this Agreement.

In particular, both the holder of a Users and Reviewers agree to comply with all laws, statutes, regulations, ordinances, or treaties, whether local, state, provincial, national, or international, including, without limitation, the FTC’s Guides Concerning the Use of Endorsements Testimonials and Advertising, 16 CFR Part 255.

Reviews and Testimonials

Through use of the Website, a Reviewer is provided the ability to rate, via use of stars, the holder of a Users. In the event that the Reviewer rates the holder of a Users with 5 stars, Reviewer is then provided the opportunity to write a review for publication to a third party website for which the Reviewer owns an account, such as Google or Yelp, and for which the holder of a Users has selected for publication of such review (“Review”). Holder of a Users acknowledges and agrees that it is responsible for identifying to which website(s) a Review is published, as well as for maintaining links related to the same, and that R&D is not responsible for the content of any Review or the action of any such third party website on which the Review may appear.  R&D does not maintain such Reviews, but rather such Reviews are stored by the third party website and subject to the terms of use, privacy policy and other agreements that govern those third party websites.

Only ratings that amount started from 4 stars allow the Reviewer to write a Review for publication to third party websites for which Reviewer has an account and as pre-identified by the holder of a Users.

Rather than publishing its review to third party websites, a Reviewer may also write a review to be sent directly to the holder of a Users (“Testimonial”).  Reviewer acknowledges and agrees that Testimonials are provided directly to the holder of the Users as well as any individuals designated by the holder of a Users, and Reviewer hereby agrees that the holder of the Users may use such Testimonial at any time at its sole and absolute discretion consistent with the terms of this Agreement, including, without limitation, for publication via reviewsdeals.com, via social networking or other websites or to its own website via use of R&D’s website widget related to the same.  In the event that the holder of a Users terminates its membership and use of the Website, R&D may provide a copy of their testimonials to the holder of a Users, as previously stored by R&D.

Only ratings that amount to 4 and up stars allow the Reviewer to write a Testimonial to the holder of a Users.

Feedback

Any star rating acquired through use of the Website that does not amount to a 5-star rating results in a request for feedback (“Feedback”) from Reviewer, with any Feedback then sent to the holder of the Users rather than published to the Internet.  R&D or the holder of the Users may use such Feedback, including for publishing to the Internet on third party websites or other purposes, such as training, at their discretion.

Notwithstanding the above, Reviewer may publish a review or testimonial or provide feedback separately not using the Website, and R&D is not responsible for any such review or feedback.

Referrals Via Digital Coupons and Flyers

Holder of a User’s acknowledges and agrees that R&D is providing it with the ability to generate referrals by sending Reviewers Digital Coupons and/or Flyers and that it is the holder of the User’s sole responsibility to use in compliance with all laws, statutes, regulations, ordinances, or treaties, whether local, state, provincial, national, or international, including, without limitation, the FTC’s Guides Concerning the Use of Endorsements Testimonials and Advertising, 16 CFR Part 255 and the Health Insurance Portability and Accountability Act (HIPPA).  Reviewer acknowledges and agrees that the holder of the Users may provide Reviewer with Digital Coupons and/or Flyers for use by Reviewer in its sole and absolute discretion.

Users Acknowledgements and Agreements

R&D may provide you with the ability to register a User’s (“Users”), which may provide you with access to additional areas and features of the Website which are not accessible to non-members, including but not limited to the ability to send emails requesting Reviews, Testimonials and Feedback, the ability to send emails requesting that Reviewers upload the same to the Internet, access to an RSS feed of customer Testimonials, the ability to create digital coupons and flyers, a custom web page, and other customization options.  Your Users is protected by a username and password.  You further understand and acknowledge that you’re providing access to your Users via your username and password, including to a Partner, is your responsibility and you do so at your own risk.  You acknowledge that you are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Users. In the event your Users are accessed without your authorization, you agree to immediately provide notice to R&D.

You have a duty to and agree to ensure that the information that You provide through your Users is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Users if and when that information changes. You are expressly prohibited from creating a User’s that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your Users to interfere with or disrupt a third party’s enjoyment and use of the Website. R&D reserves the right to restrict access to, suspend, disable, or delete your Users at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your Users.

By creating a User, you agree that R&D may contact you by any available means, including but not limited to by email. The holder of a User’s further acknowledges and agrees that it, and R&D as directed, has permission to contact its Reviewers via email for these purposes.

By creating a Users, you represent and warrant that you are not bound by or a party to any exclusive arrangement, whether contractual or otherwise, that would prohibit you from using the Website and it’s associated services.

By creating a Users, R&D may also provide you with Local Search Optimization services (hereinafter “Local Search Optimization”). You understand and agree that R&D’s Local Search Optimization customers are subject to the terms and conditions of this Agreement, unless otherwise replaced by separate terms and conditions previously agreed upon between R&D and You, in writing.

Reviewer Acknowledgements and Agreements

Reviewer hereby acknowledges and agrees that use of R&D’s website is limited to the purposes set forth in this Agreement.  Reviewers are providing Testimonials and Feedback to the holder of the Users, and Reviewers acknowledge and agree that not all Testimonials and Feedback provided are published, although all access to Reviews on third party websites, Testimonials and other Feedback is provided to the holder of a Users. You have a duty to and agree to ensure that the Reviews, Testimonials and/or Feedback you provide is truthful, current, complete, and accurate.

Reviewers further acknowledge and agree that R&D may contact you, including via email, at the direction of the holder of a Users in order to request that you review the goods or services of the holder of a Users.  Through Reviewer’s voluntary submission of a Testimonial or Feedback to the Website or a Review to a third party website at the request of R&D, Reviewer agrees that R&D may continue to contact Reviewer to provide it with additional review requests, coupons, flyers, or other information.

Reviewers hereby acknowledge and agree that the holder of a User’s to which the Review, Testimonial or Feedback pertains may identify you as a client in the holder of the Userss client lists and other marketing materials and may use, on a royalty-free basis, Reviewer’s name, photograph and logo as well as Reviewer’s Review, Testimonial or Feedback in training, public case studies, and other marketing materials published by the holder of the Users, including online via the Internet.

Privacy Policy

R&D has adopted its Privacy Policy to provide you with notification of its collection and use of your personal and personally identifiable information. R&D hereby incorporates its Privacy Policy into this Agreement by reference as if fully stated herein.

  1. Limited License

You understand and agree that the Website is the property of R&D and is protected by all applicable laws, intellectual property or otherwise. The Website may not be used, modified, copied, distributed, framed, reproduced, crawled, aggregated, reverse engineered, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of R&D. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with R&D’s robots.txt file.

R&D hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website. You are expressly prohibited from reproducing, modifying, distributing, publishing, licensing, creating derivative works of, selling, publicly displaying, or publicly performing the Website outside of the uses expressly stated in this Agreement.

User Generated Content

R&D may allow you to create user generated content through or to upload user generated content to the Website, including but not limited to links, images, reviews, videos, trademarks, trade names, logos, design marks, profile information and preferences (hereinafter “User Generated Content”). You hereby grant R&D a non-exclusive, perpetual, irrevocable, sublicensable, assignable, worldwide, fully paid, and royalty-free license to use, copy, perform, display, create derivative works of, and distribute any and all User Generated Content that you submit to the Website in any form (now known or later developed) for all purposes of the Website.

You warrant that you have all right, title, and interest in and to any and all User Generated Content that you generate through or upload to the Website, that you submit all User Generated Content to the Website free of liens or other encumbrances, that your User Generated Content will not violate any law, statute, ordinance, or treaty, whether state, provincial, national, or international, and that your User Generated Content will not violate the rights of third parties.

You agree that R&D may identify you as a client in R&D’s client lists and other marketing materials and may use, on a royalty-free basis, your User Generated Content in training, public case studies, and other marketing materials published by R&D, including online via the Internet. Any other uses of your name and/or logo shall require your prior written consent.

By creating User Generated Content through or uploading User Generated Content to the Website, you expressly and intentionally waive any and all claims of a violation of your right of privacy or publicity arising out of the use of your User Generated Content for the purposes of the Website, including but not limited to in reviews, coupons, or marketing materials.

Affiliate Account

R&D may provide you with the ability to click on affiliate link, coupon , banner, or any other affiliate advertisement in order to gain commission for the Affiliate Account

R&D is not responsible for the product it offers.

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Third Party Websites

You understand and agree that the Website may contain links to content and websites owned or controlled by third parties. You understand and agree that R&D will not be held liable for the content of websites that it does not own or control, including, without limitation, review sites and search engines.  You are responsible for ensuring compliance with any such third party website terms of use or other agreements.  R&D is not responsible for any action taken by third party websites with respect to your ranking, rating or online reputation.

Idea Submission Policy

You understand and agree that any feedback that you provide to R&D concerning the Website will be considered non-confidential and will become the property of R&D without compensation to you. R&D may use and redistribute any feedback that you provide to R&D in any form and for any purposes.

User Conduct

You expressly agree that you will not use the Website, your Users, Partner Account or your Affiliate Account to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended uses of the Website, your Users, or your Affiliate Account. Specifically, you are expressly prohibited from:

  1. Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;
  2. Harassing, stalking, or threatening other users or third parties;
  3. Using a robot, spider, scraper, or other automated technology to access the Website;
  4. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  5. Fraudulently modifying or inflating any ranking or rating systR&D on the Website;
  6.  Posting or transmitting content that threatens or encourages bodily harm or destruction of property;
  7. Posting or transmitting content that infringes upon the intellectual property rights of other users or third parties;
  8. Posting or transmitting content that is defamatory, invasive, obscene, pornographic, or offensive;
  9. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and
  10. Posting or transmitting content that constitutes false advertising, including but not limited to a violation of Part 255 of the FTC’s false advertising regulations.

Disclaimer of Warranties

R&D DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. R&D PROVIDES THE WEBSITE AND THE SERVICES SOLD THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

R&D WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE WHETHER OR NOT THAT CONTENT IS TRANSMITTED THROUGH USERSS OR AFFILIATE ACCOUNTS. R&D DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A USERS, OR ALTERATION THEREOF. R&D RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

R&D FURTHER DISCLAIMS ANY WARRANTY WITH REGARD TO SEARCH ENGINE RESULTS AND RANKINGS BASED UPON THE PROPRIETARY ALGORITHMS OF SEARCH ENGINE PROVIDERS THAT ARE SUBJECT TO CHANGE.  R&D FURTHER DISCLAIMS ANY WARRANTY WITH REGARD TO THE CONTINUED OPERATION OF ANY THIRD PARTY REVIEW WEBSITE AND ITS EFFECT UPON ANY SEARCH ENGINE RESULTS AND RANKINGS.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE QUALITY AND EFFECTIVENESS OF THE WEBSITE AND SERVICES PROVIDED BY R&D MAY VARY WITH CHANGES IN THIRD PARTY TECHNOLOGY OVER WHICH R&D HAS NO CONTROL, INCLUDING BUT NOT LIMITED TO CHANGES IN OR MODIFICATIONS TO SEARCH ENGINE ALGORITHMS, THIRD PARTY WEBSITE AGREEMENTS, SUSPENSION OF ACCOUNTS, DELETION OF BUSINESS LISTINGS OR REVIEWS, OR THE MODIFICATION, SUSPENSION, OR DELETION OF THIRD PARTY REVIEW WEBSITES.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT R&D IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY REVIEW, TESTIMONIAL OR OTHER FEEDBACK AND ITS IMPACT ON YOU AND/OR YOUR BUSINESS AS WELL AS YOUR BREACH OF TERMS OF USE, PRIVACY POLICY OR OTHER AGREEMENTS OF THIRD PARTY REVIEW OR OTHER WEBSITES.  R&D WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES SOLD THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT R&D CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO R&D, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.

Assignment

You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. R&D may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

COPPA Compliance

The Website is not directed to persons under the age of eighteen (13) and R&D will not knowingly collect personally identifiable information from children under the age of (13). If R&D inadvertently collects personally identifiable information, R&D will delete the personally identifiable information in accordance with its security protocols, upon notice.

Copyright Policy

The Website and its contents are © 2015 Reviews Deals, Inc. (hereinafter “R&D”).

The Website, and the content contained within, as defined by the R&D Terms of Use Agreement, is the property of R&D. R&D grants you a limited license to access and use the Website.

R&D will respond to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act. R&D may expeditiously remove copyright infringing materials from its Website, regardless of R&D’s liability, upon receipt of a notice that complies with the terms of the Digital Millennium Copyright Act’s § 512, located at 17 U.S.C. § 512(c)(3). R&D, upon removal of any materials that are alleged to be infringing, will make a good faith attempt to notify the owner or uploader of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3).

If you believe that content hosted on the Website infringes upon your copyright rights, please follow the Digital Millennium Copyright Act steps outlined below:

  1. If you are a copyright owner, or the authorized agent of a copyright owner, and you believe that content hosted on the Website infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our registered Copyright Agent with the following information in writing:
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. Identification of the copyrighted work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works and their specific location on the Website;
  4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit R&D to locate the material;
  5. Information reasonably sufficient to permit R&D to contact you, such as an address, telephone number, fax number, and, if available, an email address;
  6. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  8. Counter-Notification
  9. If you believe that content has been removed from the Website in error, you may file a counter-notification with R&D’s designated Copyright Agent that complies with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3) outlined below.  Upon receipt of a counter-notification complying with the requirements of 17 U.S.C. § 512, R&D may return the allegedly infringing content to the Website.
  10. A counter-notification must include:
  11.   Identification of the specific materials that have been removed from the Website;
  12.  Your name, address, telephone number, and email address;

iii.  A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

  1. A statement that you consent to federal district court jurisdiction in the district in which your address is located or, if your address is outside of the United States, that you consent to jurisdiction in any district in which R&D may be found and that you will accept service of process from the person who provided notification or their agent; and
  2. Your physical or electronic signature.
  3. R&D will maintain a designated Copyright Agent, who will receive notifications of alleged infringement. You recognize that if you fail to comply with the requirements of the Digital Millennium Copyright Act’s notification requirements, your DMCA notice may not be processed.  Notices of infringement and counter-notifications may be sent to:

info@reviewsdeals.com

Additional Provisions

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and R&D with respect to the Website. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind R&D.

The terms of this Agreement are enforced by the Internet lawyers of Traverse Legal, PLC