Terms of Use

1. Acceptance of the Terms of Use

1.1 Binding Agreement

These Terms of Use form a legally binding contract between you and BusinessRate. By accessing or using the Site, or by clicking "accept" or "agree" to these Terms of Use when this option is made available to you, you represent that:

• You have read, understand, and agree to these Terms of Use; and
• You have the legal capacity to enter into a binding agreement.

1.2 Updates to Terms

We may revise and update these Terms of Use from time to time at our sole discretion. The most current version will be posted on this page. All changes are effective immediately upon posting and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use constitutes your acceptance and agreement to the changes.

2. Eligibility and Account Security

2.1 Eligibility

You must be at least 18 years of age or the age of majority in your jurisdiction to use this Website. By accessing the Site, you represent and warrant that you meet this eligibility requirement.

2.2 Account Creation

To access certain features or resources on the Website, including posting reviews or claiming business listings, you may be required to create a user account. You agree that all information you provide is accurate, current, and complete, and that you will maintain the accuracy of such information.

2.3 Account Confidentiality

If you choose (or are provided with) a username, password, or other security credentials, you must keep such information confidential and not disclose it to any other person or entity. You agree to notify us immediately at support@businessrate.com of any unauthorized access or use of your credentials.

2.4 Account Termination

We reserve the right to disable, suspend, or terminate any account or user access at any time, in our sole discretion, without notice or liability, including but not limited to a violation of these Terms of Use.

3. Intellectual Property Rights

3.1 Ownership

The Website and its entire contents, features, and functionality—including but not limited to all information, software, text, displays, images, video, audio, design, arrangement, and selection (collectively, the "Site Content")—are owned by BusinessRate or its licensors and are protected by United States and international intellectual property laws.

3.2 Limited License

Subject to your compliance with these Terms of Use, BusinessRate grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use. Any other use, reproduction, or redistribution of the Site Content is strictly prohibited without our express prior written permission.

3.3 Trademarks

All trademarks, service marks, logos, and trade names used on the Website (including, without limitation, "BusinessRate" and the BusinessRate logo) are trademarks of BusinessRate or its affiliates or licensors. You must not use any trademarks without our prior written permission.

4. User Contributions and Content

4.1 Definition of User Contributions

The Website may contain profiles, ratings, reviews, comments, or other interactive features ("Interactive Services") that allow users to post, submit, publish, display, or transmit content or materials ("User Contributions"). User Contributions may include, without limitation, business reviews, comments, photographs, graphics, and other text.

4.2 Non-Confidential and Non-Proprietary

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By submitting a User Contribution, you grant BusinessRate and our affiliates a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, transferable license to use, copy, distribute, publish, modify, publicly display, publicly perform, transmit, adapt, create derivative works from, and otherwise disclose to third parties any such material for any purpose related to providing or marketing our Services.

4.3 Responsibility for User Contributions

You understand and acknowledge that you are solely responsible for the legality, accuracy, reliability, and appropriateness of any User Contribution you submit. You represent and warrant that you own or control all rights in and to your User Contributions, and that your User Contributions do not and will not violate these Terms of Use or any applicable laws.

4.4 Monitoring and Enforcement

We have the right (but not the obligation) to:

• Remove or refuse to post any User Contributions for any reason, in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe it violates these Terms of Use or any third-party rights.
• Disclose your identity to any third party who reasonably claims that your User Contribution violates their rights.
• Terminate or suspend your access to all or part of the Website for any or no reason.

However, we do not guarantee prompt removal of any objectionable material after it has been posted, and we assume no liability for any action or inaction regarding User Contributions.

5. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To send or procure the sending of any unsolicited or unauthorized advertising or promotional materials, including spam.
• To impersonate or attempt to impersonate BusinessRate, a BusinessRate employee, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or that may harm BusinessRate or users of the Website or expose them to liability.
• To introduce or transmit any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• To bypass or disable any security features of the Website or attempt to gain unauthorized access to the Website, or any computer system or database connected to the Website.

6. Third-Party Content and Links

6.1 Third-Party Websites

The Website may contain links to third-party sites, services, or resources that are not owned or controlled by BusinessRate. These links are provided solely as a convenience to you. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

6.2 Third-Party Content

Portions of the Website may include or rely on content provided by third parties, including other users, businesses, advertisers, or bloggers. All statements or opinions expressed in such content are solely the responsibility of the person or entity providing such content. We are not responsible or liable for the accuracy, reliability, or legality of any third-party content.

7. Reliance on Ratings and Reviews

7.1 Informational Purposes Only

All business listings, ratings, and reviews on the Website (collectively, "Ratings Data") are provided solely for informational purposes. BusinessRate does not guarantee the accuracy, completeness, reliability, or timeliness of any Ratings Data. You acknowledge that reliance on any Ratings Data is at your own risk.

7.2 No Endorsement

BusinessRate does not endorse, recommend, or guarantee any business or service reviewed on the Website. Ratings and reviews reflect the subjective opinions of individual users or automated aggregations and do not represent any guarantee or endorsement by BusinessRate.

7.3 Not a Consumer Reporting Agency

BusinessRate is not a consumer reporting agency, and the information provided on the Website does not constitute a "consumer report" as defined by applicable consumer protection laws. You agree not to use the Website or any Ratings Data as a factor in establishing any individual's eligibility for credit, insurance, employment, or any other purpose covered by the Fair Credit Reporting Act ("FCRA").

8. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK.
• THE WEBSITE AND ALL SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
• BUSINESSRATE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
• BUSINESSRATE DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the foregoing exclusions may not apply to you but shall apply to the fullest extent permitted by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT WILL BUSINESSRATE OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY.
• BUSINESSRATE'S MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, OR ANY SERVICES SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BUSINESSRATE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS (US $100).

If you are dissatisfied with the Website or Services, your sole and exclusive remedy is to discontinue using the Website.

10. Indemnification

You agree to defend, indemnify, and hold harmless BusinessRate, its affiliates, licensors, and service providers, as well as its and their respective officers, directors, employees, contractors, agents, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from:

• Your violation of these Terms of Use;
• Your User Contributions, including but not limited to any claim they infringe or misappropriate any intellectual property or other rights of a third party; or
• Your use of the Website or Services in a manner not authorized by these Terms of Use.

11. Governing Law and Dispute Resolution

11.1 Governing Law

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any choice or conflict of law provision or rule.

11.2 Arbitration

Any dispute arising out of or relating to these Terms of Use or the Website shall be resolved by confidential binding arbitration in Maricopa County, Arizona, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Waiver of Class Actions

You agree to resolve disputes on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of proper jurisdiction for claims related to intellectual property or unauthorized access to the Website.

12. Termination

12.1 Termination by You

You may terminate these Terms of Use by discontinuing use of the Website and deleting any account you have created.

12.2 Termination by Us

We may terminate or suspend your access to the Website, in whole or in part, at any time and for any reason, including any violation of these Terms of Use.

12.3 Effect of Termination

Upon termination, the disclaimers, limitations of liability, and indemnification provisions set forth in these Terms of Use shall survive.

13. Waiver and Severability

13.1 Waiver

No waiver by BusinessRate of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by BusinessRate to assert a right or provision shall not constitute a waiver of such right or provision.

13.2 Severability

If any provision of these Terms of Use is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms of Use (together with our Privacy Policy) constitute the entire agreement between you and BusinessRate regarding your use of the Website. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

15. Comments and Concerns

All feedback, comments, requests for technical support, or other communications relating to the Website should be directed to:

support@businessrate.com