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TERMS OF SERVICE

TERMS OF SERVICE

Welcome to BestViews

These Terms of Service (which constitute the “Terms”) govern your access to and use of our products, features, technologies, software,  applications and services, including those offered through our websites, emails, mobile properties and related applications  (collectively, all of these items shall be referred to herein as the “Service”). The Services are offered to you conditioned upon your acceptance of the terms, conditions, and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use the Services.

Any information, text, media, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “BestViews” refer to Best Views LLC, a California Limited Liability Company located in the United States of America (“BestViews”). “Services” as defined above refers to those provided by BestViews or our subsidiaries (BestViews and such entities, when one or more are referred to, shall be collectively defined as the “BestViews Companies”).

The term “you” refers to the individual, company, business organization, or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours”, and/or “Content you submit.”

CHANGES TO THE TERMS

We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify you of material changes to these terms and conditions by email or by placing a notice on our websites and/or by other method prior to the effective date of the changes. Be sure to return to this page periodically to review the most current version of this Agreement.

 USING THE SERVICE

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the BestViews community.

As a condition of your use of the Services, you warrant that (i) you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, (ii) you must not be prohibited from receiving any aspect of our Service under applicable laws, (iii) you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. (iv) all information supplied by via the Services to the BestViews Companies is true, accurate, current and complete, (v) if you are a registered user of our Services (such registered users to be referred to as “Account Holders”), you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and  (vi) you may not access or use the Service if we have previously banned you from the Service or closed your Account. BestViews Companies do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the BestViews Companies. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of the BestViews Companies.

In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.

By accessing or using the Service, you consent to receive communications from other users and BestViews through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote BestViews or businesses listed on BestViews, and may be initiated by BestViews, businesses listed on BestViews, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with BestViews may be monitored and recorded for quality purposes.

You can opt-out of certain communications under the settings tab in your profile section here.

If you are creating a BestViews account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative.” You represent and warrant that your Business complies with applicable laws and does not offer or advertise illegal products and/or services for lease or sale.

Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party Services, sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where the BestViews Companies provide details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. Third Party Services, sites and apps may be subject to different third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third party terms. You expressly acknowledge and agree that the BestViews Companies are in no way responsible or liable for any such third party Services, sites or apps.

Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that the BestViews Companies may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others. . You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

CONTENT, OWNERSHIP AND LICENSE GRANT

We appreciate hearing from you. Please be aware that you are alone responsible for your content, assume all risks associated with your Content and once posted to BestViews, it cannot always be withdrawn. You may not imply that your Content is in any way sponsored or endorsed by BestViews Companies. You acknowledge and agree that your Content is non-confidential and non-proprietary. BestViews Companies do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area including discussion forums, reviews, comment fields, bulletin boards, messages and Media comment sections.  To the extent that any entity that is one of the BestViews Companies provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the BestViews Companies do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging.  In particular, BestViews does not edit or control users’ Content that appears on the websites.  The BestViews Companies nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the BestViews Companies and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact us to make your objections.

You represent, affirm and warrant that you own your Content or have the necessary permissions, rights, licenses to use and authorize the use of Your Content as described herein. Please be aware that by providing your Content to or through the Services, be it via email, posting via any BestViews product, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your BestViews account by virtue of any BestViews Companies product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant the BestViews Companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, host, copy, reproduce, remove, analyze, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours.  The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. If you are an Account Holder, we may display your name, user name, profile photo, and actions you take on BestViews or on third-party applications connected to your BestViews Account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts subject to our Privacy Policy and this Agreement without any compensation to you.

You can find more information about how BestViews uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation, restriction or compensation to you.

You further grant the BestViews Companies the right to pursue at law any person or entity that violates your or the BestViews Companies’ rights in your Content by a breach of this Agreement.

We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except as described in BestViews’ Privacy Policy or otherwise required by law, we have no obligation to retain or provide you with copies of Your Content. We reserve the right to approve, disapprove, remove, or edit any listing at our sole discretion for any reason or no reason. Even though we are in no obligation, you may contact us further if you believe your listing should be on our Service.

ADDITIONAL RIGHTS WE RETAIN

We reserve the right to reclaim any username, account name, handle or any other user identifier for any reason without liability to you. If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

BOOKING AND TRANSACTING

Generally you can access features through the Service that allow you to book or transact online with third party businesses, such as making restaurant, accommodation or travel reservations. These features may be provided by BestViews’ third-party partners and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting third party businesses themselves are responsible for fulfilling such bookings and transactions.

You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting third party business’s cancellation policy provided at the time of booking. You agree that BestViews may facilitate any such payments and charges on behalf of the transacting third party business.

ABOUT SOFTWARE IN OUR SERVICES

BestViews gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by BestViews as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BestViews, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Please note that the Software, including, without limitation, all HTML, XML, Java code and Active X controls contained in the Services, is owned or licensed by BestViews, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

PROHIBITED ACTIVITIES

Providing a safe and open Service for a broad community requires that we all do our part.

  • You can’t impersonate others or provide inaccurate information;
  • You can’t do anything unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy, abusive  or fraudulent or for an illegal or unauthorized purpose;
  • You can’t violate (or help or encourage others to violate) these Terms or our policies, including content guidelines. Learn how to report conduct or content in our Help Center.
  • You can’t do anything that would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law;
  • You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property. Learn more about how to report content that you think infringes your intellectual property rights in our Help Center.
  • You Can’t use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by the BestViews Companies;
  • You can’t attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission;
  • You can’t access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
  • You can’t violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
  • You can’t attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
  • You can’t remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
  • You can’t send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, listing ratings;
  • You can’t use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
  • You can’t use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  • You can’t use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content;
  • You can’t take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or otherwise make excessive traffic demands of the Service;
  • You can’t deep-link to any portion of the Services for any purpose without our express written permission;
  • You can’t “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;
  • You can’t attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the BestViews in connection with the Services;
  • You can’t circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
  • You can’t post Content which is unrelated to the topic of the interactive area, including discussion forums, reviews, comment fields, bulletin boards, messages and Media comment sections, in which such Content is posted; or
  • You can’t post Content which is In the sole judgment of BestViews violates the previous subsections herein, or violates BestViews’ related guidelines as made available to you by BestViews.

COPYRIGHT, TRADEMARK DISPUTES, ILLEGAL CONTENT AND TAKE-DOWN POLICY

You agree to follow our Copyright policy in notifying us about copyright and trademark disputes concerning User Content. If you have any complaints or objections to the Content, or if you believe that content or material posted on the Services infringes a copyright that you hold, please contact and notify us immediately by following our Copyright policy and procedure here. You also agree that we may forward any notification sent pursuant to our Copyright policy to the user who submitted the User Content at issue. Once this procedure has been followed, BestViews will respond to valid and properly substantiated complaints by making all reasonable efforts to remove disputed content within a reasonable time.

ADDITIONAL SERVICES

The BestViews Companies may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the BestViews Companies have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.

THIRD PARTY CONTENT AND SERVICES

BestViews is not a travel agency and does not provide or own accommodations, restaurants, transportation services, tours, activities or experiences. Although BestViews Companies may display information about properties owned by third-party suppliers and facilitate reservations with certain suppliers on or through the BestViews companies’ websites, or host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”), such actions do not in any way imply, suggest, or constitute the BestViews Companies’ sponsorship or approval of third-party suppliers, or any affiliation between the BestViews Companies and third-party suppliers. Although Account Holders may rate and review particular accommodations, restaurants, transportation services, tours, activities or experiences based on their own experiences, the BestViews Companies do not endorse or recommend the products or services of any third-party suppliers. The BestViews Companies do not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation, or advice expressed therein, and the BestVIews Companies expressly disclaim any and all liability in connection with such Content. You agree that the BestViews Companies are not responsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the Services. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.

Some of the services made available through the Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third party terms.

LIABILITY DISCLAIMERS AND LIMITATIONS

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BESTVIEWS COMPANIES TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.

THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE BESTVIEWS COMPANIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE BESTVIEWS COMPANIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, THE BESTVIEWS COMPANIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

BESTVIEWS MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY BESTVIEWS, NOTWITHSTANDING ANY AWARDS DISTRIBUTED BASED ON USER REVIEWS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BESTVIEWS DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM BESTVIEWS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BESTVIEWS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.

THE BESTVIEWS COMPANIES ALSO EXPRESSLY DISCLAIM ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.

THE THIRD PARTY SUPPLIERS PROVIDING ACCOMODATIONS, FLIGHT, RESTAURANTS, TRAVEL OR OTHER SERVICES ON OR THROUGH THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE BESTVIEWS COMPANIES. THE BESTVIEWS COMPANIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE BESTVIEWS COMPANIES ARE NOT LIABLE TO YOU FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL THE BESTVIEWS COMPANIES (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY BestViews COMPANIES’ SYNCRONIZATION PRODUCT); PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BESTVIEWS COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF THE BESTVIEWS COMPANIES ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, THEN THE BESTVIEWS COMPANIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BESTVIEWS COMPANIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

THE BESTVIEWS COMPANIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER CONTENT POSTED ON ANY BESTVIEWS PAGES FOR YOUR BUSINESS.

THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.

INDEMNITY

You agree to indemnify, defend, and hold harmless BestViews Companies, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. BestViews reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of BestViews. BestViews will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

JURISDICTION AND GOVERNING LAW

Except as provided below, you and BestViews agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms (each such controversy or claim, a “claim(s)”), must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

Claims which don’t have to be arbitrated, such as disputes related to violations of our Service Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (example, automated ways) may be brought in court. In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your BestViews account, a detailed description of the dispute, and the relief you seek. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your BestViews account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

The laws of California, U.S.A will govern these Terms, as well as any claim without regard to conflict of law provisions. For any claim brought by either part, that is not arbitrated or resolved in small claims court, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Santa Clara County, California.

TERMINATION

BestViews may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.

The BestViews Companies may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content.

We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.

You may terminate any time by closing your Account, discontinuing any access to or use of the Service.

In the event of any termination of these Terms, whether by you or us, the following sections of the Terms of Service will continue in full force and effect.

  • CONTENT, OWNERSHIP AND LICENSE GRANT
  • ADDITIONAL RIGHTS WE RETAIN
  • ABOUT SOFTWARE IN OUR SERVICES
  • PROHIBITED ACTIVITIES
  • COPYRIGHT, TRADEMARK DISPUTES, ILLEGAL CONTENT AND TAKE-DOWN POLICY
  • LIABILITY DISCLAIMERS AND LIMITATIONS
  • INDEMNITY
  • JURISDICTION AND GOVERNING LAW
  • TERMINATION
  • GENERAL PROVISIONS

GENERAL PROVISIONS

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and BestViews as a result of these Terms or your use of the Service.

The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on BestViews’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by BestViews.

If any provision of the Terms is found to be unenforceable or invalid by a court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with BestViews’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

Any rights not expressly granted herein are reserved.

Copyright © 2019 Best Views LLC.

Last updated April 15, 2019