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| Acceptance of Terms |
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| Best of the Web (BOTW) provides this service to you, subject to the following Terms of Service (TOS), which may be updated without notice. You are encouraged to check back frequently, as our TOS may change as we add new features and/or services. |
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| Description of Service |
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| BOTW Verticals currently provides users with access to a collection of resources from various vendors for a wide range of products or services, including, a collection of vendors with contact details, and additional information (the "Service"). You understand and agree that the Service may include advertisements, sponsored links, promotional listings, or paid placement. You also understand and agree that the Service may include occasional contact from BOTW, such as service announcements, administrative messages, member promotions and changes to offerings, and that this contact is considered part of the Service. Unless explicitly stated otherwise, any new features enhancing the current Service, including the release of new features and services hereunder, shall be subject to the TOS. |
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| Privacy Policy |
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| Your name and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://verticals.botw.org/software/helpcenter/privacy.aspx. |
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| Indemnity |
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| You agree to indemnify and hold BOTW, and its subsidiaries, affiliates, resellers, friends, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any software you may purchase from a vendor contained herein, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another user of the Service or vendor.
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| No Resale of Service |
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| You agree not to reproduce, duplicate, redistribute, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. |
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| General Practices Regarding Use |
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| You understand and 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 maintained or transmitted by the Service. You acknowledge that BOTW reserves the right to deactivate accounts that violate our TOS, or violate any of our policies, harm our users, or act in a manner not in accordance with generally accpeted BOTW standards. 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. |
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| Modifications to Service |
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| 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. |
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| Termination |
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| You agree that BOTW, in its sole discretion, may terminate your access to 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. |
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| Advertisers |
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| Many of the vendors listed within BOTW Verticals are paid advertisers. 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. You understand that while we try to select only reputable vendors, that should something happen between you and the vendor, that BOTW will not be held responsible for any damages, injuries, or other losses you may incur through your dealing with the advertiser(s). You further understand that advertisers are not endorsed by, nor are they recommended by, BOTW. |
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| External Links |
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| The Service provides links to other sites. Because BOTW has no control over such sites, you acknowledge and agree that BOTW is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that BOTW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site. |
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| Proprietary Rights |
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| You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property, copyright, service mark, 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 it's advertisers, you agree not to modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. |
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| Disclaimer |
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| 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 TERMS OF SERVICE.
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| Limitation of Liability |
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| 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. |
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| Exclusions and Limitations |
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| 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. |
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| Copyrights |
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| 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.
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Notice of claims of copyright infringement should be sent via Certified Mail to:
Best of the Web
c/o Copyright Department
626 EAB Plaza
Uniondale, NY 11556 |
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| General Information |
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| The TOS constitute the entire agreement between you and BOTW, superceding any other agreements. 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. |
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