These terms and conditions (the “Terms”) govern your access to and use of websites. 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 conclude a legally binding contract with D Graphic Studio, inc. which is doing business as Score My Reviews 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” and “your” will refer to that organization.

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

USER ACCOUNTS

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.

LICENSE

Score My Reviews gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software 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 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.

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.

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 method). 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 request 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 in to 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 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 (as well as any taxes) using any credit card or payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Score My Reviews in writing.

UNAUTHORIZED USE OF MATERIALS

Subject to our Privacy Policy, any statement or material that you transmit to this site or us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

RESTRICTIONS

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’s 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’s express written consent;
    • Access, tamper with, or use non-public areas of the Site or Services, Score My Reviews’s computer systems, or the technical delivery systems of Score My Reviews’s 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’s 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 form 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 body. 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.

THIRD PARTY SOFTWARE

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.

THIRD PARTY SERVICES/MATERIALS

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.

OWNERSHIP

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.

TRADEMARK

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

The laws of the State of Maryland shall govern this Agreement, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Maryland. Any dispute relating to this Agreement shall be brought in the state or federal courts of Montgomery County, Maryland, and the parties at this moment consent to exclusive jurisdiction and venue in such courts. Should any provision of this Agreement be deemed invalid or unenforceable, the remaining portions shall remain valid and enforceable in accordance with the original intentions of the parties. The prevailing party in any action or proceeding to enforce the terms of this Agreement shall be entitled to an award of its reasonable attorneys’ fees and costs. As each of these places has laws that may differ from those of Maryland, by accessing this site both of us agree that the statutes and laws of the State of Maryland, without regard to the conflicts of laws and principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and at this moment submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Delaware concerning such matters.

TERMINATION

You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Score My Reviews, Inc. with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when 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.

GENERAL TERMS

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. If any provision of the Terms is found to be unenforceable or invalid, 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 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 question regarding the use of the Site, please contact us at support@scoremyreviews.com.