This General Terms of Service (this "TOS"), as may be modified or amended periodically by Easy Business Reviews (as defined below), is a legally binding agreement made by and between Easy Business Reviews and you, personally and,
if applicable, on behalf of the entity for whom you are using any of Easy Business Reviews products or services, (collectively, "you" or "your"). This TOS governs your use of all Easy Business Reviews products and services, including
mobile applications and this website ("Services") so please read it carefully. The "Effective Date" of this TOS is January 12, 2015
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY
LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, VIGAROO DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY VIGAROO,
ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
1. About The Services and The Terms
1.1
The Services. The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings,
advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish
between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
1.2
Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter
into a binding agreement with Easy Business Reviews, and are not otherwise prohibited from using or receiving the Services in accordance with this TOS. By using the Services
on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes
their acceptance of this TOS.
1.3
Additional Terms. Easy Business Reviews provides a wide variety of Services to both consumers and business users. Some Services are subject to additional terms,
which are listed below or presented to you when you use such Services. If you are using or would like to use any of the following Services, please follow the
link below to access those additional terms. If there is a conflict between these TOS and the additional terms for a particular Service, the additional terms
will control for that Service. You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms follow:
- If you advertise through Easy Business Reviews or access our business services, then you will be subject to our Easy Business Reviews Code of Ethics and where applicable, the Easy Business Reviews Terms of Service
- Our developers are subject to our Easy Business Reviews Code of Ethic
- If you use any of our mobile apps, you are subject to our Terms of Service
- If you purchase products or services online, you are subject to our Terms of Service
- If you create an account, you are subject to our Terms of Service
- For the provision of our Services, Easy Business Reviews is obligated to provide various legal notices by law and/or by contract, which are incorporated by reference into these TOS
1.4
Nature of Services. Easy Business Reviews provides Services that are, unless otherwise expressly stated, advertising sites and services. Easy Business Reviews displays advertising on behalf
of businesses and Easy Business Reviews relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does Easy Business Reviews endorse
and/or have any other connection with the businesses that advertise with us.
1.5
Changes to Terms. Easy Business Reviews may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.
2. Using the Services.
2.1
Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, Easy Business Reviews grants you a limited, non-exclusive right to use the Services, and any
content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes
(and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use
that Easy Business Reviews may provide from time to time.
2.2
Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar
basis. Easy Business Reviews may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines
or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, Easy Business Reviews may exercise whatever means it
deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet
service provider. This TOS will survive indefinitely unless and until Easy Business Reviews chooses to terminate it, regardless of whether any account you open is terminated by you or
Easy Business Reviews or whether you continue to use or continue to have the right to use the Services.
2.3
Intellectual Property Rights. Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with
your use of the Services, all of which is owned by Easy Business Reviews, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except
as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or
otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the
owner or Easy Business Reviews (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like ("Easy Business Reviews logos
or Marks"), used in connection with the Services, without express permission from the owner.
2.4
Unauthorized Use of Marks and or logos. Although Easy Business Reviews protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of Easy Business Reviews
Marks by a third party; accordingly, do not rely upon any third party’s use of any Easy Business Reviews Marks in determining whether a third party is affiliated with Easy Business Reviews, as such
use may be unauthorized.
2.5
Prohibited Conduct. You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted
by this TOS and only in a manner that does not interfere with Easy Business Reviews's right or ability to provide the Services or any third party’s right or ability to use or enjoy
the Services. Without limitation, you may not:
(1) Infringe, violate, or transgress any right of any party;
(2) Attempt to bypass, disrupt or interfere with the security, provision or use of the Services;
(3) Impersonate another person or entity, misrepresent your affiliation with a person or entity (including Easy Business Reviews), or use a false identity;
(4) Attempt to obtain unauthorized access to the Services;
(5) Engage, directly or indirectly, in any type of unsolicited communication;
(6) Collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services;
(7) Submit false or misleading information to Easy Business Reviews;
(8) Violate any law, rule, or regulation;
(9) Use any Easy Business Reviews Marks or other portion of the Services (including in connection with meta tags or other "hidden text") in advertising, promotions, or for other commercial purposes;
(10) Use the vigaroo.com domain name or any domain name that is confusingly similar to this or another Easy Business Reviews domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service;
(11) Link to or "frame" any Easy Business Reviews website (including deep linking to a specific portion of any Easy Business Reviews website) or overlay content on the Services;
(12) Conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website;
(13) Use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service;
(14) Take any action that may undermine the ratings or review or similar process(es) under the Services; or
(15) Assist any third party in engaging in any activity prohibited by this TOS. Easy Business Reviews reserves the right, but not the obligation, to monitor the Services for the purpose of
determining that your usage is in compliance with this TOS.
2.6
Changes. Easy Business Reviews may change or discontinue any of the Services at any time without notice or liability to you or any third party.
3. Privacy Policy
You agree that Easy Business Reviews may collect, use, and share your information in accordance with Easy Business Reviews Privacy Policy.
4.Content and Feedback
4.1
Your Content. Some of the Services allow you to submit or generate content. If you submit or generate content, you must comply with Easy Business Reviews's code of ethics. You will retain those rights subject to the
grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant Easy Business Reviews (and its affiliates, distributors, and other contractors
it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute,
reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit
content unless you have the right to grant this license for such content.
4.2
Feedback. If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to Easy Business Reviews, you agree that Easy Business Reviews can use or publish that feedback for
any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to Easy Business Reviews in which you do not wish to grant such rights.
4.3
Third Party Content. Easy Business Reviews may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. Easy Business Reviews
does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users)
in connection with the Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of
any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. Easy Business Reviews is not responsible for any third party materials or other information,
including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party
(including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party
agree. Easy Business Reviews will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you
agree that Easy Business Reviews is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
4.4
Objectionable Content. If you become aware of any objectionable third-party content, you may contact Easy Business Reviews customer service to report it. Easy Business Reviews will address such requests if and to the extent it deems
appropriate, in its sole discretion.
4.5
DMCA Policy. Easy Business Reviews respects the rights of others. If you believe any content available through the Services infringes your rights, you must submit a complaint through our DMCA Policy.
5. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.
5.1
DISCLAIMER OF WARRANTIES. VIGAROO PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIGAROO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE
SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE
YOU USE. VIGAROO MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT. Easy Business Reviews MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY
OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. Easy Business Reviews MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM Easy Business Reviews OR ANY THIRD PARTY AS A RESULT OF
USING THE SERVICES.
5.2
EXCLUSION OF DAMAGES. VIGAROO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST
PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
5.3
LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF VIGAROO ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID VIGAROO
FOR YOUR USE OF THE SERVICES; (II) $50; OR (III) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
5.4
STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.5
Indemnity. You agree to indemnify, defend and hold Easy Business Reviews and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders ("Indemnified Parties")
harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action ("Claim") brought or asserted
against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or (ii) arising from, related to, or connected with your use of
the Services. If you are obligated to provide indemnification pursuant to this provision, Easy Business Reviews may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense.
Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of Easy Business Reviews.