Be Local, Inc.
botw.org
1700 W. Market St, Suite 205
Akron, OH 44313
legal [at/@] botw.org
516-605-1880
Welcome to the website of Be Local, Inc.., located at BestoftheWeb.Com, (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our website and hereinafter “You” or “Your”) for visiting Our website and considering Our products and services.
By using this website or by Your agreement with this policy that You clicked, You agree to the BestoftheWeb.Com Terms of Service, Our Privacy Policy, and the use of cookies as described in Our Privacy Policy. You hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises
PRIVACY POLICY
Our Privacy Policy is located at /privacy-policy/ and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.
USERNAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your User Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
VISITOR SERVICES
Welcome to Best of the Web – the world’s most authoritative online directory. Visitors to Our site will find thousands of business listings to help bridge the gap between quality products and services and consumers or businesses who need them.
Please feel free to browse through Our listings to find just the right business to supply You with Your needs at no cost to You. Please note that while We verify each business and review the web for any trust metrics, businesses who list on Our site and who might have purchased paid listings. With almost a billion websites online, it is hard for users to know who to trust. Media and news outlets report on fake stories, fly by night businesses and new Internet scams daily. We cannot be responsible for the results a particular business provides to You. You understand and agree that choosing a business service for You is a result of Your own due diligence and We are not responsible for the outcome of any business You choose to work with.
Visitors to Our site are not charged for the use of the website. To finance Our website many or all of the companies featured here provide compensation to us. These commissions are how we maintain our free service for consumers. Compensation, along with hours of in-depth editorial research, determines where & how companies are listed for Your benefit
Further, We will be earning affiliate commissions from various partners and or products including Amazon. For example, web hosting companies. We will be using our editorial team to review and rate their services and provide users and visitors of Best of the Web those recommended solutions that we deem to be featured.
BUSINESS LISTINGS
botw.org offers multiple Membership Listing types. Simply select the Membership Listing that best fits Your business needs and fill in the relevant forms. You will then be asked to create Your account and choose Your payment option.
BUSINESS LISTINGS CANCELLATION POLICY
Both parties have the right to cancel at any time for any reason or for no reason. If You choose to cancel Your subscription before the end of its term You will lose any unused portion of Your subscription.
AFFILIATES
We welcome affiliate marketers to Our program and ask that You contact Us at botw.org for Your application as an affiliate.
TRADEMARKS
We hereby claim Best of the Web&tm; , and botw.org&tm; to be trademarks of Our company.
COPYRIGHT
As indicated by the notice on the bottom of Our Home Page, We claim a copyright to the contents of this website.
DIGITAL MILLENNIUM COPYRIGHT ACT
As provided for in the Digital Millennium Copyright Act; if You feel any content on this website violates Your copyright please contact Our designated agent:
Best of the Web
c/o Copyright Depart
ment
1700 W. Market St Suite 205
Akron, OH 44313
Email: legal [at/@] botw.org
by email or regular U.S. mail with the following information:
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
- 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- 4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- 5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once We have received Your complaint We will:
- 1. Remove or disable the identified infringing material (but maintain a copy for later use);
- 2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
- 3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
Counter Notification – To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent by email or regular U.S. mail that includes substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.
Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.
USING GOOD CITIZENSHIP IN PRODUCT POSTING, REVIEWS, FORUMS, ETC.
You understand and agree that You will not Use Our website to post, email, upload or transmit any content that: is patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; nor will it: Impersonate another person or post a photograph of another person as Your image; stalk or otherwise harass another; harm a minor in any way; promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the Site; Nor will You post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes; Nor will You promote an illegal or unauthorized copy of another person’s copyrighted work; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Nor will You use software that automatically creates user identities; intentionally or unintentionally violate any applicable local, state, national or international law; Nor will You post hazardous, counterfeit, stolen items or items that have been identified by the U.S. Consumer Products Safety Commissions (CPSC) as hazardous to consumers and therefore subject to recall; Nor will You post a review on a business You own, control or are employed by; post inaccurate or misleading information or pictures; or misrepresent a product or service.
You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors. Further, We may delete data and posts which violate this Agreement for any reason or for no reason based on Our sole discretion.
WARRANTIES
OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US OR OUR BUSINESS LISTINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED ON OUR WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED ON OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
INDEMNIFICATION
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
FORCE MAJEURE
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.
ASSIGNMENT
You may not assign the rights or obligations under this Agreement.
INTENDED FOR ADULT USERS
We do not intentionally collect Personal Information from people who have not yet reached the age of majority in their jurisdiction. If You have not yet reached the age of majority in Your jurisdiction, please leave Our site immediately.
ENTIRE AGREEMENT
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described in this Agreement are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
DISPUTES
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at legal at botw.org prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. This Agreement and Your use of Our website are governed by the laws of the State of Ohio, and the courts of general jurisdiction located within Summit County, Ohio, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
SEVERABILITY
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
AGREEMENT UPDATES
This Agreement is effective as of May 22, 2021. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Website.
