AwsomeReviews

AWSOME REVIEWS

TERMS & CONDITIONS

Your use of Awsome Reviews's services, including the services provided through this website (referred to as the "Site" or the "Awsome Reviews Site") and any content made available through this website (collectively known as the "Services"), is subject to these terms and conditions (referred to as the "Terms"). It is important to carefully read and understand these terms before using the Services.

By accessing or using the Awsome Reviews Site or Services, or by posting or accessing any content on the Site or through the Services, you acknowledge and agree that you have read, understood, and consent to be bound by these Terms. If you do not agree to these Terms, you do not have the right to access or use the Site, Services, or Awsome Reviews Content.

If you are using the Services on behalf of an organization, you are accepting these Terms on behalf of that organization and warranting that you have the authority to bind the organization to these terms. In such cases, references to "you" and "your" will pertain to that organization.

1. License by Awsome Reviews:

Awsome Reviews grants you a personal, royalty-free, non-assignable, and non-exclusive license to use the software provided as part of the Services. However, please note that the software is strictly for internal business purposes and should be used in accordance with the Terms. You are prohibited from licensing, sublicensing, selling, transferring, assigning, distributing, or commercially exploiting the Services or the content

2. User Accounts and Personal Information:

To use the Services, you may need to provide personally identifiable information, including contact details, username, and password (referred to as "Credentials"). Awsome Reviews handles this information with utmost care and security. However, it is your responsibility to maintain and protect your Credentials for the Services. If any changes occur to your contact information or associated details like username or password, you must promptly notify Awsome Reviews and keep the information up to date. You are solely responsible for any activity conducted using your Credentials, whether authorized or not. In case of unauthorized use or if your email or password is compromised or stolen, you must immediately notify Awsome Reviews. If you discover any unauthorized use of your Credentials or encounter a security breach, you agree to promptly inform Awsome Reviews.

3. User-generated content:

By sharing User Content through the Site and Services, you grant Awsome Reviews a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, modify, distribute, display, perform, transmit, and otherwise utilize such User Content on the Site and Services. Awsome Reviews acknowledges that it does not claim ownership over User Content and this agreement does not limit your rights to use your own User Content.

You are solely responsible for all User Content you share and represent that you either own the rights to the User Content or have obtained necessary permissions. You further warrant that the User Content and your actions related to it do not infringe upon any third-party rights or violate laws.

Awsome Reviews reserves the right to remove User Content at its discretion. You agree to promptly remove any User Content that violates the Terms, including complying with take-down requests. Failure to comply may result in Awsome Reviews directly removing the User Content.

4. Third Party Services/Materials:

Through Awsome Reviews, you can access third-party services, resources, content, or information ("Third Party Materials"). When using Awsome Reviews to search the Internet, selected portions of data sources are presented to you. You are solely responsible for any risks associated with accessing or using Third Party Materials. Awsome Reviews is not liable for any harm, injuries, or losses resulting from your use of such Third-Party Materials or User Content via Awsome Reviews.

You acknowledge and agree to the following:

(a) Awsome Reviews is not responsible for the availability or accuracy of Third-Party Materials, or the products/services offered through them.

(b) Awsome Reviews has no liability for any harm, injuries, or losses related to your use of Third-Party Materials.

(d) Awsome Reviews does not endorse Third Party Materials or associated third-party services.

(e) Awsome Reviews is not responsible for the deletion or failure to store any Third-Party Materials transmitted through the Services.

Remember to back up and make copies of any Third-Party Materials you want to preserve.

5. Compliance with 3rd Party Review Site Policies:

Businesses using the Awsome Reviews platform must adhere to the Terms of Service of major review sites, including but not limited to Google, Facebook, Yelp, and others.

Review Gating: Businesses using Awsome Reviews are prohibited from implementing review gating practices. Review gating involves asking customers if their experience was positive or negative and directing them accordingly. Positive experiences lead to online reviews, while negative experiences are often redirected to a non-public comment form.

Equal Feedback Options: When soliciting reviews through the Awsome Reviews platform, businesses must offer all recipients the same feedback options, regardless of their sentiment. This applies to standard review templates, custom email templates, and surveys.

Prohibition of Review Solicitation: Businesses using Awsome Reviews must fully comply with review sites like Yelp, which prohibit review solicitation. They will not misuse the Awsome Reviews platform to bypass the policies of review sites.

Non-Compliance with 3rd Party Review Site Policies: If a business attempts to circumvent the Terms of Service of 3rd party review sites, Awsome Reviews will notify the business and provide a 30-day period to take corrective action. Failure to comply within this notice period will result in the suspension of the business's Awsome Reviews account.

Businesses must comply within the 30-day notice period, or their account will be suspended from Awsome Reviews.

6. Third-Party Software:

The Services include specific third-party software ("Third-Party Software") that is licensed to you under the terms and conditions set by the third-party licensing that software. Your rights under the applicable license for such Third-Party Software are not restricted or superseded by anything in these Terms.

7. Eligibility to Use:

To use the Services, you must not be prohibited by the laws of Canada or any other country, including your country of residence, from receiving such. By accessing or using the Services, you confirm that you are at least 18 years old, as the Services are not intended for children under the age of 18.

8. TCPA Compliance:

The parties involved are required to comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations, the Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310, as mandated by applicable law. As a user of Awsome Reviews Services, you are solely responsible for adhering to any messaging consent obligations outlined in the TCPA and TSR. This includes obtaining explicit opt-in consent from all third parties, including your customers, for sending and receiving SMS and/or emails through Awsome Reviews Services.

It is important to note that any breach of these Terms on your part may result in legal claims, demands, or actions against Awsome Reviews. In such cases, you will be held liable for any damages, liabilities, judgments, fees, fines, costs, and expenses incurred by Awsome Reviews. As part of this, you agree to indemnify, defend, and hold Awsome Reviews harmless, including reasonable attorneys' fees, in the event of any claims arising from your violation of these Terms.

9. Restrictions on Use:

While using the Site, Services, or Awsome Reviews Content, you agree not to engage in any of the following activities:

Access, post, submit, or transmit any material that: a. Infringes, misappropriates, or violates third-party intellectual property rights or rights of publicity or privacy. b. Violates any applicable law or regulation or encourages conduct that would result in civil liability. c. Is fraudulent, false, misleading, or deceptive. d. Is defamatory, obscene, vulgar, or offensive. e. Involves child pornography or child erotica. f. Promotes discrimination, bigotry, racism, hatred, harassment, or harm against individuals or groups. g. Is violent or threatening or promotes violence or threatening actions. h. Promotes illegal activities or substances.

Use, display, mirror, frame, or utilize framing techniques to enclose Awsome Reviews's Site or Services, or any element or materials within them, without explicit written consent from Awsome Reviews.

Access, tamper with, or use non-public areas of the Site or Services, including Awsome Reviews's computer systems or technical delivery systems.

Attempt to probe, scan, or test the vulnerability of any Awsome Reviews system or network, or breach security or authentication measures.

Circumvent, avoid, remove, deactivate, impair, descramble, or bypass any technological measures implemented by Awsome Reviews or its providers to protect the Site, Services, or Awsome Reviews Content.

Attempt to access or search the Site or Services, or download Awsome Reviews Content, using unauthorized tools, software, agents, or mechanisms other than those provided by Awsome Reviews or generally available third-party web browsers.

Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any form of solicitation.

Use meta tags or hidden text/metadata containing Awsome Reviews's trademark, logo, URL, or product name without explicit written consent.

Use the Site, Services, or Awsome Reviews Content to bring an intellectual property infringement claim against Awsome Reviews or to create a competitive product or service.

Forge TCP/IP packet headers or alter source-identifying information in emails or newsgroup postings sent through the Site, Services, or Awsome Reviews Content.

Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Site, Services, or Awsome Reviews Content.

Interfere with or disrupt the access of any user, host, or network connected to the Site or Services, including sending viruses, overloading, flooding, spamming, or mail-bombing.

Collect or store personally identifiable information from other users of the Site or Services without their express permission.

Impersonate or misrepresent your affiliation with any person or entity.

Violate any applicable law or regulation.

Encourage or enable others to engage in any of the aforementioned activities.

Awsome Reviews reserves the right to fully investigate and prosecute violations of the above restrictions, including intellectual property rights infringement and Site and Services security issues. Awsome Reviews may cooperate with law enforcement authorities in prosecuting users who violate these Terms. While Awsome Reviews is not obligated to monitor your access to or use of the Site, Services, or Awsome Reviews Content, it reserves the right to do so to ensure compliance with these Terms, applicable laws, or court/administrative orders. Awsome Reviews also reserves the right, without prior notice, to remove or disable access to any Awsome Reviews Content or User Content that violates these Terms or is deemed harmful to the Site or Services, at Awsome Reviews.com.

10. Feedback:

We value your feedback, comments, and suggestions for improving the Site and Services. We encourage you to share your Feedback with us by emailing info@Awsome Reviews.com. Please note the following terms regarding Feedback:

Ownership: You acknowledge and agree that all Feedback you provide will become the sole and exclusive property of Awsome Reviews. Consequently, you irrevocably assign to Awsome Reviews all of your right, title, and interest in and to the Feedback, including but not limited to worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights.

Assistance: Upon Awsome Reviews's reasonable request and at its expense, you agree to execute any necessary documents and take additional actions to assist Awsome Reviews in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.

We appreciate your valuable input and contributions to enhancing our platform.

11. Ownership:

The Site, Services, and Awsome Reviews Content are protected by copyright, trademark, and other applicable laws in Canada, and foreign countries. Awsome Reviews and its licensors hold exclusive ownership of all rights, title, and interest in and to the Site, Services, and Awsome Reviews Content, including all associated intellectual property rights, unless expressly stated otherwise in these Terms. You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, or other proprietary rights notices that are incorporated in or accompany the Site, Services, or Awsome Reviews Content. It is important to note that Awsome Reviews does not claim any ownership interest in Third-Party Materials and explicitly disclaims any liability associated with those materials.

12. Trademarks:

The trademarks, service marks, logos, trade names, and any other proprietary designations of Awsome Reviews that are used in these Terms are either trademarks or registered trademarks of Awsome Reviews. Any other trademarks, service marks, logos, trade names, and proprietary designations mentioned are the trademarks or registered trademarks of their respective owners.

13. Changes to Services or Terms:

Awsome Reviews reserves the right, in its sole discretion, to modify, discontinue, or terminate the Site or Services, or to modify these Terms, at any time. Such changes may include the modification or discontinuation of any "review aggregation" services currently offered as part of the Services. If we make any modifications to these Terms, we will post the updated version on the Site or provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you indicate your agreement to be bound by the revised Terms. If the modified Terms are not acceptable to you, your only recourse is to discontinue using the Site and Services. Please note that these Terms can only be modified in writing as described in this paragraph and may not be modified orally. We recommend visiting this page regularly to stay informed about any changes to these Terms.

14. Termination:

Awsome Reviews reserves the right to suspend, terminate, or deny your access to the Site or Services at any time, without limiting other available remedies. If Awsome Reviews suspects or determines, in its sole discretion, that you have failed to comply with any provision of these Terms and Conditions or any established policies or rules, or if you have engaged in actions that may be illegal or cause harm, liability, harassment, or disruption to Awsome Reviews, its users, or any third parties, Awsome Reviews may take appropriate actions, including notifying authorities, without prior notice to you.

You have the right to stop using the Site and Services at any time. However, following termination, you acknowledge that Awsome Reviews has no further obligation to provide the Site or Services, and any licenses or rights granted to you under these Terms and Conditions will immediately cease. Awsome Reviews will not be liable to you or any third party for the termination of the Site or Services or the termination of your use of either. Please note that upon termination or suspension, any content, materials, or information (including User Content) you have submitted on the Site or via the Services will no longer be accessible to you. However, Awsome Reviews will retain the license to utilize the User Content as granted in these Terms and Conditions.

Any suspension, termination, or cancellation will not affect your obligations to Awsome Reviews under these Terms and Conditions, including but not limited to proprietary rights and ownership, indemnification, and limitation of liability, which are intended to survive such suspension, termination, or cancellation by their nature and context.

15. Pricing and Billing:

The specific details regarding pricing and billing for the Services are outlined in the contract. If you have any inquiries or require clarification regarding Awsome Reviews's billing policies, we encourage you to reach out to us directly at info@Awsome Reviews.com. Our team will be more than happy to assist you with any questions you may have.

16. Privacy Policy:

For comprehensive information and notices regarding the collection and utilization of your personal information by Awsome Reviews, please refer to our Privacy Policy. If you have any inquiries or concerns regarding our Privacy Policy, please don't hesitate to contact us at Awsome Reviews.com" title="">info@Awsome Reviews.com. Our team is here to address any questions you may have and provide the necessary assistance.

17. Warranties:

You acknowledge and agree that your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.

Awsome Reviews, its subsidiaries and affiliates, and its licensors do not provide any express warranties and disclaim all implied warranties regarding the Services. This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, Awsome Reviews, its subsidiaries and affiliates, and its licensors do not warrant or represent to you that: A) Your use of the Services will meet your requirements. B) Your use of the Services will be uninterrupted, timely, secure, or free from errors. C) Usage data provided through the Services will be accurate.

Please note that nothing in these Terms, including Sections #15 and #17, shall exclude or limit Awsome Reviews's warranty or liability for losses that may not be lawfully excluded or limited by applicable law.

18. Indemnification:

You agree to defend, indemnify, and hold Awsome Reviews, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:

Your User Content,

Your access to or use of the Site, Services, or Awsome Reviews Content, or

Your violation of these Terms.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

19. Limitation of Liabilities:

SUBJECT TO SECTION #15 ABOVE, you expressly understand and agree that Awsome Reviews, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss, arising out of or in connection with the Services or these Terms, regardless of the theory of liability.

These limitations on Awsome Reviews's liability to you shall apply even if Awsome Reviews has been advised of the possibility of such damages or should have been aware of the possibility of any such losses arising. Some provinces and jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Awsome Reviews's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by you for the Services during the last three months.

20. Copyright Policy:

At Awsome Reviews, we value and respect the intellectual property rights of others and expect the same from our users. To ensure compliance with the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, Section 512(c)(2), And the Canadian Equivalent called the “Notice and Notice Regime” we have established procedures for reporting copyright infringement. If you believe that your copyrighted work has been infringed through the use of our Services, please follow the instructions below to submit a DMCA Notice of Alleged Infringement ("Notice"):

Identify the copyrighted work or works that you believe have been infringed. If there are multiple works involved, you can provide a representative list of the infringed works.

Clearly specify the material or link that you believe is infringing (or the subject of infringing activity) and provide sufficient details to disable access to it. Include, at a minimum, the URL of the link or the exact location where the infringing material can be found.

If applicable, provide your company affiliation, along with your mailing address, telephone number, and email address.

a. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

b. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, I am the owner or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and include your electronic or physical signature.

Awsome Reviews Inc. 345 Sentinel Rd Unit 1006 Toronto, ON M3J 1V2 Email: info@Awsome Reviews.com

Please ensure that you include all the necessary information and follow the instructions carefully to facilitate the handling of your claim.

Please ensure that all the required information is included in the Notice to facilitate the processing of your claim.

21. Entire Agreement, Governing law, Severability, Non-waiver, Assignment:

These Terms, along with our Privacy and Security Policy found further down in these pages, constitute the entire agreement between the parties concerning the Services and all associated activities. These Terms may only be modified in writing, signed by both parties, and through a new posting of the Terms by us. If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be severed and will not affect the validity and enforceability of the remaining provisions.

The failure of Awsome Reviews to exercise or enforce any right or provision under these Terms does not constitute a waiver of such right or provision. Any waiver of any right or provision by Awsome Reviews must be in writing and will only apply to the specific instance identified in that writing. You may not assign these Terms, or any rights or licenses granted hereunder, without our prior written consent, whether voluntarily, by operation of law, or otherwise.

These Terms and any actions arising from them will be governed by the laws of the Province of Ontario, without regard to its conflict of law’s provisions. Any legal action related to these Terms will be exclusively heard in the provincial and federal courts located in Toronto, Ontario. Each party involved hereby waives any objection to jurisdiction and venue in such courts.

22. Contact Us:

If you have any questions about these Terms, please contact Awsome Reviews at Awsome Reviews.com" title="">info@Awsome Reviews.comand we'll be happy to assist you.

For information regarding cancellations, please refer to the complete terms outlined in the original contract you signed with Awsome Reviews. If you have any specific questions about your contract, feel free to contact us at Awsome Reviews.com" title="">info@Awsome Reviews.com or refer back to the contract that was emailed to you at the time of signup.

If you are considering canceling your subscription, we kindly request that you review the following Frequently Asked Questions before making a decision. These FAQs may provide you with the necessary information you need.

Frequently Asked Questions - Awsome Reviews Terms & Conditions:

Q1: What are Awsome Reviews Terms & Conditions?

A1: Awsome Reviews Terms & Conditions are a set of guidelines and rules that govern the use of our services and website. These terms outline the rights and responsibilities of both Awsome Reviews and our users.

Q2: Where can I find Awsome Reviews' Terms & Conditions?

Please refer to the contract you signed. All customers who A2: You can find the complete set of Awsome Reviews' Terms & Conditions on our website. Please visit Awsome Reviews,com to access the Terms & Conditions.

Q3: Do I need to agree to the Terms & Conditions?

A3: Yes, by accessing or using Awsome Reviews' services or website, you are agreeing to be bound by our Terms & Conditions. It is important to read and understand these terms before using our services.

What happens if I don't agree to the Terms & Conditions?

A4: If you do not agree to the Terms & Conditions, you will not be able to use Awsome Reviews' services. Your continued use of our services implies your acceptance of these terms.

Q5: Can Awsome Reviews modify the Terms & Conditions?

A5: Yes, Awsome Reviews reserves the right to modify, update, or change the Terms & Conditions at any time. Any modifications will be posted on our website or communicated to you directly. It is recommended to review the Terms & Conditions regularly for any updates.

Q6: What should I do if I have questions about the Terms & Conditions?

A6: If you have any questions or need clarification regarding Awsome Reviews' Terms & Conditions, please reach out to our customer support team at Awsome Reviews.com" title="">info@Awsome Reviews.com. We will be happy to assist you.

Q7: How can I cancel my subscription with Awsome Reviews?

A7: The complete terms of cancellation can be found in the original contract you signed with Awsome Reviews. If you have specific questions about canceling your subscription, please contact us at Awsome Reviews.com" title="">info@Awsome Reviews.com or refer back to the contract we emailed you at the time of signup.

Q8: Are there any fees or penalties associated with canceling my subscription?

A8: The details regarding fees or penalties for canceling your subscription are outlined in the cancellation terms of your contract. Please refer to the contract or contact our support team for more information.

Q9: Can I modify the Terms & Conditions?

A9: No, you cannot modify the Terms & Conditions on your own. Any modifications to the Terms & Conditions must be done in writing and agreed upon by both parties.

Q10: Which jurisdiction's laws govern the Terms & Conditions?

A10: The Terms & Conditions are governed by the laws of the Province of Ontario, Canada, without regard to its conflict of laws provisions.

If you have any further questions or need assistance with any aspect of our Terms & Conditions, please don't hesitate to contact us.