Best Company for Business Terms of Service
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH BEST COMPANY, LLC OFFERS YOU ACCESS TO ITS SERVICES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES.
- Best Company, LLC (“Best Company”) provides its services to You the user, whether an individual or organization (“User,” “You,” or “Your”) though the Best Company for Business platform (“Best Company for Business”) which includes its Collect online application (“Collect Application”) and Clicks online application (“Clicks Application”) (all the Best Company for Business services referred to as “Services”). As a condition of Your use of the Services, You, the User, agrees to these Terms and Conditions (“Agreement”). Should You not agree to the terms of this Agreement, please do not use the Services. Best Company may amend this Agreement from time to time by posting new Terms and Conditions. Users are required to check this Agreement for updates periodically and Best Company has no obligation to inform Users of any amendments to the Agreement. Any use by a User of the Services after the new Terms and Conditions are posted shall be deemed to constitute an agreement by User to the amended Agreement.
- Services. Best Company operates a review website bestcompany.com (“Best Company Website”) which allows customers to post reviews of third-party products and services (“Reviews”). The Services offered by Best Company through its Best Company for Business also include access to its Collect Application and Clicks Application as set forth below.
- Availability of Services. The availability of the Services may change from time to time and Best Company does not guarantee that the Collect Application, Clicks Application, or any other Best Company for Business Service will be available or remain available. Best Company reserves the right to modify or terminate any Best Company for Business Services without notice for any reason.
- Registration/Your Account. In order to use the Services, You must claim your business, register on the Best Company Website, and establish an account with Best Company (“Account”). You will not be able to access the Services without an Account.
- Access Eligibility. You must be at least eighteen (18) years of age to setup an Account and to use the Services. The Services are available only to individuals who can form legally binding contracts under applicable law. Best Company reserves the right to refuse access to or use of the Services to anyone not complying with this Agreement, at any time, in its sole discretion.
- Electronic Communications. When You send e-mails to Best Company or use the Services, You are communicating with Best Company electronically. By registering Your Account, You agree that Best Company may send e-mails to You and You consent to receive e-mails or other electronic communications from Best Company.
Collect Application.The Collect Application allows Users who have claimed their business profile on the Best Company Website to have Best Company generate customer Reviews of the User’s products or services to be posted on the User’s company profile listed on the Best Company Website. The Services may include the generation of Reviews through email or phone solicitations of User’s customers subject to the following:
(a) Customer Information. In order to use the Collect Application, Users will be required to upload information about the User’s customers to the Collect Application (“Customer Information”). Customer Information may include customer names, locations, e-mail addresses, physical addressees, and telephone numbers. Best Company agrees that it will only use Customer Information in order to provide the Services, which may include contacting and communicating with customers via phone, text, and/or email technology in order to generate Reviews of User’s products and services, and for no other purposes. By submitting Customer Information to Best Company, You consent to have Best Company use the Customer Information in order to solicit Reviews of Your products and services for the Best Company Website.
(b) Telemarketing Compliance. Best Company covenants and agrees that in pursuing Reviews via phone to comply with all applicable telemarketing laws, regulations and rules, including without limitation the Telephone Consumer Protection Act (47 USC § 227) (“TCPA”), the Telemarketing & Consumer Fraud and Abuse Protection Act (15 USC § 6101 et seq.) and the Telemarketing Sales Rules promulgated by the Federal Trade Commission. User will be responsible for uploading Customer Information to the Collect Application where the applicable customer has provided User with Prior Express Written Consent to receive commercial telephone calls (including voice calls, artificial voice calls, pre-recorded calls, text messages, and/or autodialed calls) from User, and third parties designated by User. “Prior Express Written Consent” shall have the meaning set forth in the TCPA, as amended from time to time. User shall retain the records of each customer's Prior Express Written Consent (“Consent Records”) for a minimum of five (5) years following the creation of the Consent Records and shall provide such Consent Records to Best Company upon request. User shall indemnify, defend and hold Best Company harmless from and against any and all losses, damages, fines, liabilities, penalties and claims brought against or assessed to Best Company that arise from, relate to or concern User's failure to obtain Prior Express Written Consent or to maintain adequate Consent Records.
You certify that any information, including any customer information provided to Best Company, LLC (“Best Company”) through the Best Company Business Suite (“Business Suite”) or otherwise was acquired in accordance with all applicable message requirements (the “Governing Rules”), including but not limited to federal, provincial, state, and local laws, regulations, and rules governing SMS messages, including the Telephone Consumer Protection Act and its implementing rules and regulations, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission's Telemarketing Sales Rule, the CAN-SPAM Act of 2013, the Personal Information Protection and Electronic Documents Act, provincial privacy legislation, and all state and local equivalents.
If for any reason Best Company suspects that any Governing Rules were not followed, you may be asked to provide an explanation and information, including the method of collecting phone numbers and a signed guarantee that all the people on your customer list agreed to receive text messages from you. Best Company reserves the right to take any appropriate action in the case of non-compliance, including cancellation of your account, lead partnership and any other business relationships.
You hereby represent that you are aware of the applicable requirements imposed by the TCPA and CTIA rules, including the requirement to obtain prior express written consent from a customer before you, or Best Company on your behalf, can send the customer text messages, and such consent must be unambiguous (i.e., the customer must receive a clear and conspicuous legal disclosure).
For further information regarding the legalities of text messages transmitted through Business Suite, please refer to the following:
Federal Trade Commission, http://www.ftc.gov
Federal Communications Commission, http://www.fcc.gov
(c) CAN-SPAM Compliance. Best Company covenants and agrees that in pursuing Reviews via email to comply with all federal and state laws, rules, and regulations including, but not limited to, the CAN-SPAM Act of 2003, as amended from time to time (“CAN-SPAM Act”) which shall include providing a clear and conspicuous explanation of how the recipient can opt out of receiving emails from Best Company. User will be responsible for uploading Customer Information where the applicable customer has provided User with consent to receive commercial emails from User, and third parties designated by User. User further agrees not to upload any Customer Information where the applicable customer has opted out of receiving emails from User, and User will remove Customer Information which has been uploaded to the Collect Application upon receiving any opt out request from the applicable customer. User shall indemnify, defend and hold Best Company harmless from and against any and all losses, damages, fines, liabilities, penalties and claims brought against or assessed to Best Company that arise from, relate to or concern User's failure to remove Customer Information where a customer has opted out of commercial emails from User.
(d) Customer Deletion and Opt-Out Requests. BUsers will be required to delete any customer information uploaded to the Collect Application within 15 days of receiving a verifiable customer request to delete the applicable customer's information or a customer's request to opt out of future communications. If User is unable to delete the applicable customer's information, User must contact Best Company in order to ensure that the customer's information is deleted. User shall indemnify, defend and hold Best Company harmless from and against any and all losses, damages, fines, liabilities, penalties and claims brought against or assessed to Best Company that arise from, relate to or concern User's failure to delete customer information.
Clicks Application. The Clicks Application allows Users who have claimed their business profile on the Best Company Website to generate traffic to the User's website from the Best Company Website subject to the following:
(a) Clicks. In order to use the Clicks Application, Users will be required to activate the application and to enter a destination URL (“User Website”) in the User's Account. Once activated, the Best Company Website shall link to the User Website. For this Agreement, a “Click,” for shall mean an action by a visitor of the Best Company Website clicking on a link which transfers the visitor to the User Website.
(b) Cost per Click. User shall pay Best Company, on a “cost-per-click” basis, the specific amount per Click as set forth in the User's Account, which may be modified on a month to month basis. The cost-per-click shall be based upon visitors clicking on a link which directs visitors from the Best Company Website to the User Website.
(c) Billing. At the end of each calendar month, Best Company will charge the User for the number of Clicks delivered to the User Website in that month. All invoices will be based on Best Company's tracking and shall be billed to User's credit card as detailed below.
(d) Credit Card. In order to use the Clicks Application, the User will be required to place a credit card on file with the User's Account, and the User authorizes Best Company to automatically charge the credit card on file for the fees generated each month. The User shall be solely responsible for managing the User's credit card on file. The User represents and warrants to Best Company that the User is the holder of all credit cards on file with the User's Account, and if the User is not the account holder of a credit card, the User has all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that a credit card no longer processes, or Best Company believes that a User is not authorized to incur charges on a credit card, Best Company may immediately suspend the User's Account.
(e) Dispute. In the event that any amount set forth on an invoice is the subject of a documentable dispute by the User, the User expressly agrees that it shall notify Best Company of such dispute in writing (such notice to include the specific reasons for the dispute and any supporting documentation) within seven (7) days after receiving such invoice. The User further agrees that unless written notice of a dispute is provided to Best Company in writing within such seven (7) day period, the applicable invoice and the billing attributable to the Clicks provided by Best Company to the User as set forth in such invoice will be deemed accurate, final, due and payable by User.
(f) Pausing Clicks. The User shall have the ability to pause or terminate the generation of Clicks at any time by pausing or deactivating Clicks in the User's Account.
- Term. This Agreement shall remain in full force and effect while You are using the Services. You may delete Your Account at any time, by logging into your Account and selecting the option to delete your Account. Upon deletion of your Account, You will not be able to continue to use the Services. Best Company may terminate Your Account or rights to use the Services for any or no reason at any time by ceasing to provide the Services to You. You understand that termination of this Agreement and the Account You have created with Best Company may involve deletion of Your Account information from Best Company's databases. Best Company will not have any liability whatsoever to You for any termination of Your Account or related deletion of Your information.
- Ownership of Services and Content. You acknowledge that all the intellectual property rights in the Collect Application, Clicks Application, and other Best Company for Business Services, and their content are owned by Best Company or its third-party licensors. You agree not to: (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services, or related content, or the content's underlying text, software, graphics, photos, sounds, music, videos, or interactive features; or (b) rent, lease, loan, or sell access to the Services.
- Violation of this Agreement or Law. Any use of the Services in violation of this Agreement or in violation of all applicable laws and regulations may result in, among other consequences, termination or suspension of Your Account and rights to use the Services.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. BEST COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEST COMPANY MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND BEST COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. YOU AGREE THAT BEST COMPANY, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES.
- Indemnification. You agree to indemnify and hold harmless Best Company, its officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Services.
- Governing Law and Venue. Your use of the Collect Application, Clicks Application, the other Best Company for Business Services, and this Agreement shall be governed by the laws of the State of Utah where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Salt Lake City, Utah. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against Best Company. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
- Attorneys' Fees. In the event that Best Company must bring legal action in order to enforce this Agreement or You bring legal action against Best Company, and if Best Company prevails, You shall pay Best Company' costs of litigation, including reasonable attorneys' fees and court costs.
- Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Best Company without restriction.
Notice and Service of Process.All notices, requests, claims, demands and other communications to Best Company shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process to Best Company). User shall send notices to Best Company as follows:
475 E. 1000 S.
Pleasant Grove, UT 84062
Best Company is authorized to send any notices to a User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such User's Account, as such information may be updated by User from time to time. In the event that a User does not have a valid mailing address, facsimile number and/or e-mail address associated with User's Account, User agrees that service of process through the Secretary of State were User resides or is organized, shall be deemed effective service of process.
- Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.