These terms of service (the “Terms”) govern your access to and use of websites (the “Site”). To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Score My Reviews, Inc. (“we” or “us “) in Bethesda, Maryland. Do not access or use the Site if you are unwilling or unable to be bound by the Terms. You acknowledge and agree that by accessing or using the Score My Reviews site or services, or posting or retrieving any content on the site or through the services, you are indicating that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, then you have no right to access or use the site, services or Score My Reviews content.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you”, “your”, “user” or “Client” will refer to that organization.
In the context of these Terms, the “Content” shall refer to any type of material which shall include but, is not limited to any reviews, illustrations, graphics, pictures, images, photos, profiles, notes, messages, information, data, sounds, music, articles, videos, code, themes, and software.
The Site may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
You may create an account and provide specific information about yourself when you use some of the features that are offered through the Site. We ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. Score My Reviews handles such information with the utmost attention, care, and security. Nonetheless, you, not Score My Reviews, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Score My Reviews promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Score My Reviews of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Identifications without your consent, or you discover any other breach of security, you agree to notify Score My Reviews instantly. You are also responsible for all activities that occur in connection with your account. We reserve the right to close your account at any time for any or no reason. You are responsible for maintaining the confidentiality of your account password.
Score My Reviews gives you a personal, royalty-free, non-assignable, and non-exclusive license to use the software or website provided to you by Score My Reviews as part of the Services provided to you by Score My Reviews. Please note that you may use this software or optimized site for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of Score My Reviews through the Services (the content) in any way, except as allowed by the Terms. Other than your User Content, all the stored or available content, including the Services, all other Users’ Content, any content made available by us or any third party, and the variety and configuration of all such Content and User Content ( hereinafter collectively referred to the “Service Content”), shall be considered our property.
For Optimized sites, we hereby grant you a restricted, private, non-transferable, conditional, and revocable, at any time with or without notice or cause, and non-exclusive right and license to access and then use the Services. We own the Optimized Site that we create for you. Therefore, as long as you pay your monthly subscription, you can use the Site for your business.
USER CONTENT LICENSES
We do not claim ownership of any content that is submitted, uploaded, published, posted, input, transmitted, copied, made available, distributed, or otherwise conveyed to us or any third party through the Service or Site (collectively referred to as the “User Content”).
By providing any User Content through your user account, you agree and acknowledge the following:
(i) that We reserve the right, in our sole and absolute discretion, to refuse to accept, transmit. or display any User Content;
(ii) that you have granted us the global, royalty-free, completely paid, immutable, irreversible, non-exclusive privilege and license for using, distributing, reproducing, reformatting, modifying, adapting, deleting, publish, translate, copy, edit, perform, display, and create derivative works from such User Content as permitted by the Terms;
(iii) to defend and keep us unharmed from any charges, damages, losses, or expenses incurred by us as a result of any third-party allegations that your User Content infringes on the rights of another person;
(iv) that we may keep a copy(ies) content for record keeping or security measures, or to otherwise provide our Services to you or others, including but not limited to, through aggregation or predictive analysis that we may provide you or others periodically even if you delete your User Account of any such User Content.
Any of the following content, or links to such any such content, is not permitted to be published on or via the Service or the Site:
(i) Content that is pornographic, sexually suggestive, or violent in appearance or nature;
(ii) Illegal Material including but not limited to stolen copyrighted material;
(iii) Information on illicit enterprises or activities.
(iv) Pirated software sites, such as cracking software programs, codes, or archives.
(v) Content created solely for the purpose of causing any harm or inciting hatred, as well as content that can be considered defamatory or libelous.
RESPONSIBILITY FOR YOUR CONTENT
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Score My Reviews.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
By submitting any User Content to Score My Reviews, you represent that: you have the required rights and/or authorization to submit such User Content to Score My Reviews as set forth herein, without any obligation by Score My Reviews to pay any fees or other limitations; and you guaranty such User Content does not violate any third-party rights or laws, rules, or regulations. You shall also observe any local laws governing online behavior and appropriate content, including any rules governing data export.
a. Score My Reviews, Inc.
Subject to the licenses granted herein, we shall retain exclusive ownership of all rights, titles, and interests in any Content for the provision of the Service, including but not limited to any visual interfaces, images, layout, collections, data, records, codes, products, software, services, and any other components of the Service, review Micro Sites and Optimized Websites.
Subject to the rights given to us hereunder, User shall maintain sole ownership of all rights, title, and interest in and to any Content submitted by the User to us. Users will possess the domain name of the Site only upon termination or expiration of the Agreement; if the domain name was acquired and registered by us, we will take reasonable steps to assign the domain to User upon discontinuation or expiration of these Terms. If such domain was acquired and registered by the User prior to the termination or expiration of this Terms, the User shall maintain ownership of the domain name. For complete clarity, it is pertinent to note that, apart from any Content contributed by User, all other aspects of the Site shall be owned entirely by us and will not be kept by the User upon termination or expiration of these Terms.
RESPONSIBILITY FOR SMS TEXT AND EMAIL REVIEW REQUESTS
You need to get opt-in consent from each of your customers before sending any SMS text or email review request to them. This consent needs to be in writing (for example, in an email or within your website other formal methods). This means that you need to make sure that consumers are informed about what they are to receive before sending them review request messages. Records of consumer approvals to receive SMS or email communications must be kept. These records are to include the method, time, date, and location by which a consumer provided their agreement as well as the terms for the receipt of SMS or email communications to which a consumer agreed to. You must not use our software to send SMS or email messages to your customers if you don’t have their consent. By using our software and service to send SMS text and email review requests to your consumers, you guaranty that you have their consent and you are solely responsible for sending SMS and email messages to your customers.
SMS Text message review requests may be subject to various legal compliance requirements depending on the location from where you are sending your text messages and the location of your recipients. You should consult with your legal counsel to ensure that your SMS text review request will need to meet all applicable legal compliance requirements.
For your customer’s opt-out of SMS text, we by default, handle reply SMS messages such as STOP, UNSTOP, UNSUBSCRIBE or CANCEL in accordance with industry standards.
Any of these STOP keyword replies will prevent a customer from receiving new SMS messages from our phone number they’re responding to. Your customers can opt-in again by replying START, YES, and UNSTOP. Any of these replies will opt customers back into the SMS messages coming from us.
FEES AND PAYMENT
In consideration of the Service, you will pay us all fees due according to the prices and terms listed on the Site.
All charges must be paid in advance according to the then current prices applicable to the Service. All sales are final, and we do not offer any partial or full refunds of any kind on any sale or purchase, even if your Service is unused, abandoned, suspended, terminated, or transferred before the end of the Service.
We expressly reserve the right to change or modify our prices and fees at any time, and such changes or modifications shall be posted online at this Site and be in effect immediately without the need for further notice to you. Changes or modifications in prices and fees shall be effective when the Service in question comes up for renewal.
We may, at our sole option, extend payment terms to you. Should we extend payment terms, you agree that your obligation to pay us for the Service ordered begins on the date of purchase and does not end until paid in full, even if the Service is unused, abandoned, suspended, terminated, or transferred before such time.
Unless you cancel the service yourself from your dashboard or notify Score My Reviews before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription using any credit card or payment mechanism we have on record for you.
“Optimized Web Service Fees” refers to fees that may apply to website enhancements or work that falls outside of the scope of monthly website updates and upkeep. An additional fee shall be charged upon request of additional services.
The Fees are due by credit card in accordance with the terms set out above. You allow us to process the Fees on a monthly basis till we receive notification of cancellation from you on the terms set forth herein by completing the entry of your credit card details on the Services. Unless you cancel our Services before the end of your monthly term, your payment with us shall automatically renew.
Your service shall be halted if you fail to pay the Fees on time or if our withdrawal fails for any reason, and the optimized website will not be available online and will display a “temporarily offline” message.
Failure to pay Fees on time would be considered a substantial violation of these Terms of Service, and we may, but are not bound to, suspend or terminate your access to the Services, or indeed any Service, in our sole discretion, and without giving you the opportunity to cure the breach. You also agree to notify and update your payment information if your payment information changes, and you understand and agree that we will not be responsible for any payment failure caused by a change in payment information.
UNAUTHORIZED USE OF MATERIALS
You agree not to do any of the following while using the Site, Services, or Score My Reviews Content:
- Access, post, submit or transmit any text, graphics, images, software, video, information, or other material that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
- Use, display, mirror, frame, or utilize framing techniques to enclose the Site or Services; any individual element or material within the Site or Services. Score My Reviews’ name; any Score My Reviews trademark, logo or other proprietary information; the content of any text; the layout and design of any page or form contained on a page, without Score My Reviews express written consent;
- Access, tamper with, or use non-public areas of the Site or Services, Score My Reviews’ computer systems, or the technical delivery systems of Score My Reviews’ providers;
- Attempt to probe, scan, or test the vulnerability of any Score My Reviews system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Score My Reviews or any of Score My Reviews’ providers or any other third party (including another user) to protect the Site, Services or Score My Reviews Content;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;
- Use the Site, Services or Score My Reviews Content for the determination of bringing an intellectual property infringement claim against Score My Reviews or to create a product or service competitive with the Services.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Score My Reviews Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your relationship with any person or entity;
- Violate any applicable law or regulation; or
- Embolden or aid any other individual to do any of the preceding.
Score My Reviews will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. Score My Reviews may involve and collaborate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Score My Reviews has no obligation to monitor your access to the Site, Services, or Score My Reviews Content or to review or edit any User Content. However, Score My Reviews has the right to do so to operate the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental bodies. Score My Reviews reserves the right, at any time and without prior notice, to remove or disable access to any Score My Reviews Content and any User Content, that Score My Reviews, in its sole discretion, considers violating these Terms or otherwise harmful to the Site or Services.
The Services incorporate specific third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third-Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any appropriate license for such Third Party Software.
You may be able to access or use third-party services, resources, content, or information (“Third Party Materials”) via Score My Reviews. By using Score My Reviews to find material on the Internet, you instruct Score My Reviews to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and Score My Reviews disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content via Score My Reviews. You acknowledge and agree that Score My Reviews: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third-Party Materials does not imply any endorsement by Score My Reviews of Third Party Materials or any such third-party services, and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services. You further acknowledge that you are exclusively responsible for backing up and making copies of any Third Party Material that you wish to preserve.
The presence of or a link to any Third Party Site or Third Party Content shall not mean that we approve or support it. You recognize and accept that you are leaving the Service and accessing Third Party Sources at your own risk and that our terms and policies do not apply.
Any Third Party Site to which you browse through the Service should have its own terms and policies, including privacy and data collection practices. Any mention of goods, services, processes, or other information on the Service, whether by brand names, trademark, manufacturer, supplier, or otherwise, does not indicate (our endorsement, sponsorship, or recommendation of them or our association with them.
We may establish arrangements with third-party providers that supply products or services in conjunction with the Services outlined in this Agreement, or we may assist users in making arrangements with third-party providers.
In case a user uses third-party applications, integrations, add-ons, software, code, online services, systems, or other products not developed by us (“Third-Party Products”) in conjunction with or otherwise made accessible through the Services, those products may render Third-Party Content available to the User and have access to the User’s instance of the Services, including user Data.
COMPLIANCE WITH THIRD PARTY REVIEW SITE POLICIES
Clients using the Score My Reviews platform agree to obey the Terms of Service of all other review sites. This includes but is not limited to Google, Facebook, Yelp, and other review sites.
When using the Score My software platform, Clients are not allowed to use our platform to send review request invitations to their customers to post a review on Yelp. Yelp prohibits review solicitation of any kind or method. Our application can’t access, collect or monitor your reviews on Yelp. If a Client attempts to avoid the Terms of Service of 3rd party review sites like Yelp, Score My Reviews will notify the Client and allow them 20 days to take corrective action. Should the Client fail to fulfill within the notice period, their account will be suspended.
The Site, Services, and Score My Reviews Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as provided in these Terms, Score My Reviews and its licensors exclusively own all rights, titles, and interests in and to the Site, Services, and Score My Reviews Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Services, or Score My Reviews Content. Score My Reviews claims no ownership interest in any Third-Party Material and disclaims any liability concerning those materials.
All trademarks, service marks, logos, trade names and any other proprietary designations of Score My Reviews, Inc. used herein are trademarks or registered trademarks of Score My Reviews, Inc. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their individual parties.
CHANGES TO SERVICES OR TERMS
Score My Reviews, Inc. reserves the right, in its sole discretion, to modify, suspend or terminate the Site or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review collection” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site 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 Site and Services. These Terms may only be modified in writing as outlined in this paragraph and may not be modified orally. Please visit this page regularly to review these Terms for any changes.
LIMITATION OF LIABILITY
In no event will Score My Reviews, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Score My Reviews, Inc. under this agreement. Score My Reviews, Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The preceding shall not apply to the extent prohibited by applicable law. The site is made available to you on an “as is,” “with all faults” and “as available” basis, with the express understanding that the Score My Reviews, Inc. entities may not monitor, control, or vet user content. As such, your use of the site is at your own discretion and risk. The Score My Reviews, Inc. entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the Score My Reviews, Inc. entities are not liable to you for any loss or damage that might arise, for example, from the site’s inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the site.
GOVERNING LAW AND FORUM FOR DISPUTES
USAGE AND STORAGE OF DATA
You agree that we may establish general practices and limits regarding the use of the Services. You acknowledge that we have no responsibility or liability for any User Content, other communications, or Content maintained or sent by the Service being deleted or not being stored.
You accept that we reserve the right, in our sole discretion, to log off or otherwise deactivate any User Account that has been inactive for a prolonged length of time.
We retain the right, with or without notice, to perform maintenance on, add to, remove from, upgrade and update, suspend, and alter the Services or any portion thereof at any time and from time to time. You agree that we will not be responsible to you or any third party in any way for any such upkeep, addition, deletion, upgrading, update, suspension, or change, regardless of any provision hereof.
No cancellation is effective until you get confirmation of your cancellation. If you violate a significant provision of these Terms of Service, we may immediately discontinue the Services. We may not be bound to provide any backup or retrieval of your Content if your access to the Services is terminated. We are under no obligation to provide any backup or retrieval of your Content if your access to the Services are terminated.
We may close your account, suspend your ability to use certain portions of the Site, and ban you altogether from the Site for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information. After closing your account, you will not be billed any further. However, we cannot refund previous payments.
We are not responsible or liable in any way for any User Content or Third Party Content made available or caused to be made available on or via the Services, whether made accessible by the Users or by any of the electronic structures with or employed in the Services.
We provide these Terms and other policies and rules for User behavior and conduct; but, we have no control over or responsibility for our Users’ actions, and we are not liable for any Content you may discover on the Service, whether User Content or Third Party Content.
From time to time, the Services, or any Service, may be temporarily down due to maintenance or other reasons. We are not liable for any error, inconsistency, interruptions, deletion, malfunction, delay in operations or transmission, communications line failures, theft or destruction of User Content, or unauthorized access to or alteration of User Content.
The service and its content are given “as is” and “as available,” with no explicit or implied representations or guarantees, including but not limited to implied terms of title, suitability, fitness for a specific purpose, or non-infringement.
We cannot and do not guarantee any specific results as a result of using the services.
We make no representations or warranties about the accuracy, completeness, reliability, currentness, or error-free nature of the service’s content and that the service is free of viruses or other dangerous components. As a result, you should tread cautiously while using and downloading such content and utilize industry-recognized virus detection and disinfection tools.
COPYRIGHT, INTELLECTUAL PROPERTY, AND CONTENT COMPLAINTS
You may send a written intimation to our assigned agent for copyright and other complaints on the following platforms if you believe that any Content on the Service infringes on any copyright or other intellectual property right that you own or regulate, or if you otherwise object to any User Content that you discover on the Service.
Email us at: firstname.lastname@example.org
Mail us at:
Score My Reviews, Inc.
6701 Democracy Blvd. Suite 300
Bethesda, MD 20817
Such intimation must be in writing and include the following information:
- A signature of a person authorized to act on behalf of the owner of an exclusive right that is purportedly infringed, either physically or electronically.
- Identification of the allegedly infringed copyrighted work, or a representative list of such works if numerous copyrighted works are covered by a single report.
- Identification of the content alleged to be infringing or the subject of infringing conduct that is to be deleted or access to which is to be prevented, as well as information reasonably adequate to allow us to locate the material.
- Information sufficiently sufficient to allow us to contact you through either an address, phone number, or an email address.
- A declaration stating the complainant has a good faith conviction that the copyright holder, its agent, or the law do not permit the use of the content in question.
- A declaration that the information in the notice is correct and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, both under penalty of perjury.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail, or communications through the Site. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms contain the entire agreement between you and us regarding the use of the Site 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 Score My Reviews, Inc.’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. Suppose any provision of the Terms is found to be unenforceable or invalid. In that case, 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 sublicensable by you except with Score My Reviews, Inc.’s prior written consent. However, they may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect. If you have any questions regarding the use of the Site, please contact us at email@example.com.