ReviewTec Software Ltd. (hereinafter “REVIEWTEC”) provides the websites reviewtec.com, reviewtec.ca and reviewtec.us and their associated content and services (collectively “Website”) on a limited basis. The following terms and conditions contained within this agreement (hereinafter “Agreement”) govern your use of and access to the Website and contain important information about your rights, duties, and obligations when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use of the Website immediately. “You” is defined to include holders of a Member Account.
REVIEWTEC MAY, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. REVIEWTEC RESERVES THE RIGHT TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE IN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT REVIEWTEC MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder and that you are not prohibited from entering into this Agreement by any preexisting agreement. You warrant and agree that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine, excluding search engine spiders. If you are entering into this Agreement on behalf of a third party, you warrant and agree that you are an authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement. You warrant and agree that you will access the Website from your own computer or mobile device and that you will not impersonate any person or entity or forge any identifiers of origin or source, such as IP addresses or packet headers, in accessing or using the Website. You agree to comply in good faith, with the terms of this Agreement.
In particular, you agree to comply with all laws, statutes, regulations, ordinances, or treaties, whether local, state, provincial, national, or international, including, without limitation, the FTC’s Guides Concerning the Use of Endorsements Testimonials and Advertising, 16 CFR Part 255.
3. Member Account Acknowledgements and Agreements
REVIEWTEC may provide you with the ability to register a member account (“Member Account”), which may provide you with access to additional areas and features of the Website which are not accessible to non-members, including but not limited to the ability to request Reviews and Testimonials from Reviewers, the ability to request that Reviewers upload the same to the Internet, access to an RSS feed of customer Testimonials, the ability to create digital QR Codes, a custom web page, and other customization options. Your Member Account is protected by a username and password. You further understand and acknowledge that your providing access to your Member Account via your username and password, including to a Partner, is your responsibility and you do so at your own risk. You acknowledge that you are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Member Account. In the event your Member Account is accessed without your authorization, you agree to immediately provide notice to REVIEWTEC.
You have a duty to and agree to ensure that the information that You provide through your Member Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Member Account if and when that information changes. You are expressly prohibited from creating a Member Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your Member Account to interfere with or disrupt a third party’s enjoyment and use of the Website. REVIEWTEC reserves the right to restrict access to, suspend, disable, or delete your Member Account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your Member Account.
By creating a Member Account, you understand and agree that effectiveness or availability of REVIEWTEC’s services, including but not limited to the Online Review Software, may be conditional upon the actions of third party search engines and review websites. In order to ensure that the link to your review page on third party websites is in working order, you must test those links regularly, and we recommend that this be done on a weekly basis. REVIEWTEC is not responsible for and will not be held liable for a change in the link structure of third party websites, including but not limited to search engines or review websites. REVIEWTEC further makes no representation or warranty regarding, and cannot control, the actions of third party websites and/or search engines and thus the ultimate effectiveness of the Website.
By creating a Member Account, you understand and agree that you are utilizing REVIEWTEC’s Website to contact your Reviewers to solicit reviews of your goods or services. You understand that REVIEWTEC requires certain information in order to contact Reviewers, and you agree to provide such information. You agree that REVIEWTEC will in no event incur liability for any action taken on your behalf or at your direction, including but not limited to communications with your clients. You approve of and are solely responsible for the content of any communications and/or submission to your clients.
By creating a Member Account, you represent and warrant that you are not bound by or a party to any exclusive arrangement, whether contractual or otherwise, that would prohibit you from using the Website and its associated services.
6. Termination of Service
REVIEWTEC reserves the right to withdraw any service without consulting the Monthly Account Holder prior to withdrawing such service and shall have no liability whatsoever to the Monthly Account Holder in connection with deletion or elimination of any such service.
REVIEWTEC does not provide a refund for any unused portion of prepaid Term charges. No exceptions.
You understand and agree that the Website is the property of REVIEWTEC and is protected by all applicable laws, intellectual property or otherwise. The Website may not be used, modified, copied, distributed, framed, reproduced, crawled, aggregated, reverse engineered, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of REVIEWTEC. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with REVIEWTEC’s robots.txt file.
REVIEWTEC hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website. You are expressly prohibited from reproducing, modifying, distributing, publishing, licensing, creating derivative works of, selling, publicly displaying, or publicly performing the Website outside of the uses expressly stated in this Agreement.
9. Limited License
10. User Conduct
You expressly agree that you will not use the Website, your Member Account, Partner Account or your Affiliate Account to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended uses of the Website, your Member Account, or your Affiliate Account. Specifically, you are expressly prohibited from:
Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;
Harassing, stalking, or threatening other users or third parties;
Using a robot, spider, scraper, or other automated technology to access the Website;
Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
Posting or transmitting content that threatens or encourages bodily harm or destruction of property;
Posting or transmitting content that infringes upon the intellectual property rights of other users or third parties;
Posting or transmitting content that is defamatory, invasive, obscene, pornographic, or offensive;
Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and
Posting or transmitting content that constitutes false advertising, including but not limited to a violation of Part 255 of the FTC’s false advertising regulations.
11. REVIEWTEC as Interactive Computer Service
REVIEWTEC is a provider of the Website, which is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Consequently, REVIEWTEC will not be treated as the publisher or speaker of any tortious content posted to or through the Website. REVIEWTEC reserves the right to remove any content from the Website that it determines is offensive, unlawful, threatening, defamatory, obscene, or otherwise objectionable, which will be determined in REVIEWTEC’s sole and absolute discretion.
12. Payment Terms
REVIEWTEC may charge fees or charges to you for your purchase of services from REVIEWTEC, including but not limited to the Online Review Software. You agree to pay all fees or charges on time, and REVIEWTEC may terminate or disable your access to the Website, your Member Account, or your Affiliate Account if you fail to pay any amount owing to REVIEWTEC when due.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and may be payable in United States Dollars, Canadian Dollars, Australian Dollars, Euros or British Pounds.
You agree that you will not initiate any chargebacks to REVIEWTEC unless otherwise authorized by REVIEWTEC in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against REVIEWTEC.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify REVIEWTEC in writing within five (5) days after the due date for such payments. You understand that your failure to notify REVIEWTEC of any dispute within five (5) days will constitute your express waiver of any claims related to the disputed payment.
REVIEWTEC reserves the right at any time to modify or discontinue the Website or any of its associated services without notice and in its sole and absolute discretion. REVIEWTEC reserves the right at any time to modify the price charged for the services offered through the Website.
All payments are final and non-refundable.
13. Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your Member Account, Partner Account or Affiliate Account by sending written notice to REVIEWTEC at firstname.lastname@example.org. REVIEWTEC may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
14. Disclaimer of Warranties
REVIEWTEC DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. REVIEWTEC PROVIDES THE WEBSITE AND THE SERVICES SOLD THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
REVIEWTEC WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE WHETHER OR NOT THAT CONTENT IS TRANSMITTED THROUGH MEMBER ACCOUNTS OR AFFILIATE ACCOUNTS. REVIEWTEC DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A MEMBER ACCOUNT, OR ALTERATION THEREOF. REVIEWTEC RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
REVIEWTEC FURTHER DISCLAIMS ANY WARRANTY WITH REGARD TO SEARCH ENGINE RESULTS AND RANKINGS BASED UPON THE PROPRIETARY ALGORITHMS OF SEARCH ENGINE PROVIDERS THAT ARE SUBJECT TO CHANGE. REVIEWTEC FURTHER DISCLAIMS ANY WARRANTY WITH REGARD TO THE CONTINUED OPERATION OF ANY THIRD PARTY REVIEW WEBSITE AND ITS EFFECT UPON ANY SEARCH ENGINE RESULTS AND RANKINGS.
15. Limitation of Liability
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to hold harmless, indemnify, and defend REVIEWTEC, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your use of any services purchased through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend REVIEWTEC under the terms of this Agreement will not provide you with the right to control REVIEWTEC’s defense, and REVIEWTEC reserves the right to control its defense regardless of your contractual requirement to defend REVIEWTEC.
You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. REVIEWTEC may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
18. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the Province of Alberta without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against REVIEWTEC will be exclusively resolved through arbitration.
YOU AND REVIEWTEC AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM REVIEWTEC, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN CALGARY, ALBETA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE PROVINCE OF ALBERTA AND THE FEDERAL LAWS OF CANADA. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND REVIEWTEC AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE PROVINCE OF ALBERTA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND REVIEWTEC AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
19. COPPA Compliance
The Website is not directed to persons under the age of thirteen (13) and REVIEWTEC will not knowingly collect personally identifiable information from children under the age of thirteen (13). If REVIEWTEC inadvertently collects personally identifiable information, REVIEWTEC will delete the personally identifiable information in accordance with its security protocols, upon notice.
20. Copyright Policy
The Website, and the content contained within, as defined by the REVIEWTEC Terms of Service Agreement, is the property of REVIEWTEC. REVIEWTEC grants you a limited license to access and use the Website.
REVIEWTEC will respond to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act. REVIEWTEC may expeditiously remove copyright infringing materials from its Website, regardless of REVIEWTEC’s liability, upon receipt of a notice that complies with the terms of the Digital Millennium Copyright Act’s § 512, located at 17 U.S.C. § 512(c)(3). REVIEWTEC, upon removal of any materials that are alleged to be infringing, will make a good faith attempt to notify the owner or uploader of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3).
If you believe that content hosted on the Website infringes upon your copyright rights, please follow the Digital Millennium Copyright Act steps outlined below:
1. Reviews and Testimonials
If you are a copyright owner, or the authorized agent of a copyright owner, and you believe that content hosted on the Website infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our registered Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works and their specific location on the Website;
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 REVIEWTEC to locate the material;
Information reasonably sufficient to permit REVIEWTEC to contact you, such as an address, telephone number, fax number, and, if available, an email address;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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.
If you believe that content has been removed from the Website in error, you may file a counter-notification with REVIEWTEC’s designated Copyright Agent that complies with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3) outlined below. Upon receipt of a counter-notification complying with the requirements of 17 U.S.C. § 512, REVIEWTEC may return the allegedly infringing content to the Website.
A counter-notification must include:
i. Identification of the specific materials that have been removed from the Website;
ii. Your name, address, telephone number, and email address;
iii. A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
iv. A statement that you consent to federal district court jurisdiction in the district in which your address is located or, if your address is outside of the Canada, that you consent to jurisdiction in any district in which REVIEWTEC may be found and that you will accept service of process from the person who provided notification or their agent; and
v. Your physical or electronic signature.
3. Notice of infringement
REVIEWTEC will maintain a designated Copyright Agent, who will receive notifications of alleged infringement. You recognize that if you fail to comply with the requirements of the Digital Millennium Copyright Act’s notification requirements, your DMCA notice may not be processed. Notices of infringement and counter-notifications may be sent to:
Designated Agent: ReviewTec Software Ltd.
Attn: Craig Sommerson
Suite #BCP97, 444 Alaska Avenue
Torrance CA 90503
Our Website will maintain certain data that is transferred to the Website for the purpose of the performance of the Website services, as well as data relating to use of the services. Although we perform regular routine backups of data, you are primarily responsible for all data transferred or that relates to any activity you have undertaken using the Website services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22. Electronic Contracting
Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE WEBSITE, INCLUDING NOTICES OF CANCELLATION AND APPLICATIONS.
23. Additional Provisions
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
REVIEWTEC AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST REVIEWTEC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
All rights not expressly granted herein are reserved to REVIEWTEC.