2. Permitted Uses
3. Conditions of Use
You agree NOT to do any of the following while using the Sites, Services or Company content:
(a) resell, lease, encumber, sublicense, distribute, publish, transmit, transfer, assign or provide such access or use to any third party in any medium whatsoever;
(b) decipher, decompile, disassemble or reverse engineer any of the software used on the Sites, or create derivative works based on the Sites;
(c) apply systems to extract or modify information in the Sites using technology or method such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping”;
(d) knowingly input or post through or to the Sites any content that is illegal, threatening, harmful, lewd, offensive, or defamatory or that infringes the intellectual property rights, privacy rights or rights of publicity of others,
(e) store data on the Sites that is HIPAA regulated or the PCI Data compliant
(f) input or transmit through or to the Sites any virus, worm, Trojan Horse, or other mechanism that could damage or impair the operation of the Sites or grant unauthorized access thereto;
(g) use any metadata or other hidden text utilizing an Company trademark, logo URL or product name without Company’s express written consent;
(h) use or access the Sites for purposes of monitoring the availability, performance or functionality of the Sites or for any other benchmarking or competitive purposes; or
(i) cause, assist, allow or permit any third party (including an end-user) to do any of the foregoing;
(j) impersonate or misrepresent your affiliation with any person or entity;
(k) use the Sites to compete with Company in any way;
(l) permit any unauthorized third party to use or access the Sites, or
(m) use the Sites in a manner that is non-compliant with any applicable law.
Company will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Sites and Services security issues, to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Company has no obligation to monitor your access to or use of Sites
4. Site Communications
You consent to receive text messages in connection with your use of the Sites. You may unsubscribe from receiving text messages at any time by texting STOP in response to any such text message. Text messaging and data rates may apply when you receive messages through your use of the Sites. For unsubscribing email or other accounts please contact us at [email protected]
5. User Accounts
In the course of using the Services, you may be required to provide Company personally identifiable information, including contact information, username and password (“Credentials”). Company handles such information with care and security. You shall be responsible for maintaining and protecting your credentials and passwords in connection with the Services. We ask that contact information related to your account be kept current. You are solely responsible for any activity using your credentials, whether or not you authorized that activity. If you discover any unauthorized use, you agree to notify Company immediately.
If your account is inactive for at least 4 months (as determined by Company), we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account.
6. Subscriptions, Fees, Late Payments & Cancellations
Please see Company plans and pricing pages on applicable Sites for information regarding pricing and billing for your select Services. If you have any questions about Company billing policies, please contact us at [email protected] Subscription fees may change from time to time. If subscription fees change, we will give you at least 30 days’ notice. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change.
(a) charge a late fee on the unpaid balance at (5%) of Services subscription fee; and/or
(b) suspend your access to the Services. Company’s suspension or resumption of the Services does not minimize or prevent Company from pursuing other remedies available.
If you wish to exercise a trial promotion (for example a 5-Day Free Trial), you understand and agree that your use of the Services at no-charge rate will apply only if you cancel your subscription before the trial period expires. At the end of the trial period, your account will be considered active and valid and subject to current subscription charges.
7. Intellectual Property
8. Third Party Websites
From time to time the Sites may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Company endorses the website(s). Company will not be responsible and expressly disclaims any liability for any such third party websites linked to from the Sites.
10. Limitations of Liability
SUBJECT TO SECTION #9 BELOW, YOU EXPRESSLY AGREE THAT COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14. Terms and Conditions
If you are accessing and using the Sites on behalf of a Company customer, your use of the Sites is also subject to the Company’s Terms and Conditions.
15. Governing Law, Jurisdiction and Venue
16. Sever Ability, Waiver and Amendment
17. Changes to Services or Terms
Company reserves the right, in its sole discretion, to modify, discontinue or terminate the Sites or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review aggregation” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the Sites or otherwise provide you with notice of the modification. By continuing to access or use the Sites or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Sites and Services. These Terms may only be modified in writing as set forth in this paragraph and may not be modified orally. Please visit this page regularly to review these Terms for any changes.
If you have any questions about these Terms, please contact Company at [email protected] or via mail at 1275 Glenlivet Drive Suite 100 Allentown, PA