Acceptance of Terms
Best of the Web (BOTW) provides this service to you, subject to the following Terms of Service, which may be updated from time to time without notice. You are encouraged to check back frequently, as our Terms of Service may change.
YOUR USE OF THIS WEBSITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE WEBSITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
As a Best of the Web Local premium customer, you are expressly agreeing that we are authorized to charge you a monthly fee at the rate at the time of purchase to the credit card you provided during sign up, or such other replacement credit card as you notified us to use. The monthly fee will be charged on the date that corresponds with the date you signed up for your subscription. You can access your account at https://local.botw.org/secure/signin.aspx to check for your next renewal. Your Best of the Web Premium Listing will continue month-to-month unless and until you cancel your subscription or your account is terminated by us. You must cancel your subscription before it renews each month in order to avoid billing of the next month's charge to your credit card. Subscription fees are fully earned upon payment and there are no refunds or credits for partial months. You may cancel your Best of the Web Local Premium subscription within your account at any time by logging in here https://local.botw.org/secure/signin.aspx. For additional information contact customer service here, http://local.botw.org/helpcenter/contact.aspx.
Description of Service
BOTW Local is a service providing users with information on millions of business in the Unites States. BOTW Local customers (business owners) pay a premium service fee to have their business listings displayed in high profile positions on relevant search results pages.
We may routinely construct results that mention or connect to third-party sites throughout the World Wide Web. BOTW cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Nor does BOTW endorse the content of any third-party site, or warrant that it will not contain viruses or otherwise impact your computer. By using BOTW Local, you agree and understand that you may not make any claim against BOTW for any damages or losses, whatsoever, resulting from your use of BOTW Local to obtain information about a business, read content from users, search results or to link to another site.
No Commercial, Unlawful Or Harmful Use Of The Service
BOTW Local is for your personal, non-commercial use only. You will not reproduce, duplicate, copy, sell, resell, exploit or otherwise use BOTW Local, any portion thereof, or any services or products available thereunder for commercial purposes. You will not use BOTW Local in any way that is unlawful, or harms BOTW, its affiliates, resellers, distributors, service providers and/or suppliers or any customer of BOTW, as determined in BOTW's sole discretion. You will not use any BOTW Web Page in any way that breaches any code of conduct, policy or other notice applicable to BOTW. Without limiting the generality of this Section, you will not use BOTW in any manner that could damage, disable, overburden, or impair BOTW (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Service.
Any information, including but not limited to feedback, data, questions, answers, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential. BOTW assumes no obligation to protect such information from disclosure (or any obligation of any kind with respect to such information). Any submission of such information to BOTW shall in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by BOTW for any purpose whatever and BOTW shall be free to reproduce, use, disclose, and distribute the information to others without restriction.
You agree to indemnify and hold BOTW, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use
You acknowledge that BOTW may establish general practices and limits concerning use of the Service. You agree that BOTW has no responsibility or liability for the deletion or failure to store any messages and other communications or other Sites maintained or transmitted by the Service. You acknowledge that BOTW reserves the right to deactivate accounts that violate our TOS, or violate our Submission Policies. You further acknowledge that BOTW reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service
BOTW reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BOTW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that BOTW, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Site within the Service, for any reason, including, without limitation, if BOTW believes that you have violated the TOS. BOTW may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BOTW may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BOTW shall not be liable to you or any third-party for any termination of your access to the Service.
Your dealings with advertisers found on or through the Service are solely between you and such advertiser. You agree that BOTW shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Any material on This Website may include technical or other inaccuracies or typographical errors.
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
BOTW AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY BOTW, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER BOTW NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER BOTW NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
BOTW Proprietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BOTW or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BOTW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BOTW MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOTW OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOTW SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to you on the Service.
BOTW trademarks and service marks, and other BOTW logos and product and service names (“BOTW Marks”) are trademarks of BOTW. Without BOTW’s prior permission, you agree not to display or use in any manner, the BOTW Marks.
BOTW respects the intellectual property of others, and we expect our users to do the same. If you believe that your work has been infringed or your intellectual property rights have been otherwise violated, please provide BOTW the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the infringed copyrighted work;
- a description of where the infringing material is located on the site;
- your address, email address, and telephone number;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be sent via Certified Mail to:
Best of the Web
c/o Copyright Department
410 Jericho Tpke, Ste 320
Jericho, NY 11753
The Terms of Service constitute the entire agreement between you and BOTW, superceding any other agreements between you and BOTW. The TOS and the relationship between you and BOTW shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and BOTW agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nassau, New York. The failure of BOTW to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.