Terms of Use
1. ACCEPTANCE OF TERMS
This Terms of Use agreement ("Agreement" or "Terms of Use" or "Terms of Service" or "TOU") is a legally binding contract between you ("User," "you," or "your") and Best Business Local ("Best Business Local," "we," "us," or "our"), governing your access to and use of our suite of online services, including but not limited to business listings, articles, events, classified ads, forums, catalogs, various email services, and any related functionality, content, or tools (collectively, the "Services" or "Service"), whether accessed via www.bestbusinesslocal.com (the "Website"), any of our mobile applications ("Mobile Application(s)"), or other platforms, including without limitation any web-based search interfaces, Results Pages, or any page that includes a Best Business Local-powered search box (collectively, the "Best Business Local Web Pages").
By accessing or using the Service or Best Business Local Web Pages in any manner, you expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and any additional terms, any applicable guidelines, policies, or rules that are incorporated herein by reference, including our Privacy Policy, Cookie Policy, and any applicable Service-Specific Rules. If you do not agree with any term or condition, any posted guidelines, or any subsequent modifications, you must immediately discontinue use of the Service, and you must promptly uninstall and delete any associated Mobile Application(s).
We reserve the right to modify or update this Agreement as specified at Section 2. Modifications of This Agreement.
By accessing or using the Service, you represent and warrant that you have the legal capacity to enter into these TOU. If you do not agree with any term or condition, any posted guidelines, or any subsequent modifications, you must immediately discontinue access or use of the Service.
Supplemental Terms may apply to certain Services, and such terms will be disclosed through specific guidelines, usage policies, or rules ("Service-Specific Rules"). These Service-Specific Rules are incorporated by reference into this Agreement and will govern in the event of a conflict with the general TOU.
IMPORTANT LEGAL NOTICE:
BEST BUSINESS LOCAL PROVIDES ACCESS TO THE SERVICES STRICTLY ON THE CONDITION THAT YOU ACCEPT THIS AGREEMENT WITHOUT MODIFICATION. YOUR USE OF THE SERVICES CONSTITUTES YOUR EXPRESS AGREEMENT TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. THIS AGREEMENT INCLUDES LIMITATIONS OF LIABILITY, DISCLAIMER OF WARRANTIES, INDEMNITY, AND A MANDATORY EXCLUSIVE REMEDY CLAUSE. SEE SECTIONS 18, 19, AND 20 FOR DETAILS. THESE TERMS FORM A MATERIAL AND ESSENTIAL BASIS OF OUR RELATIONSHIP.
2. MODIFICATIONS TO THIS AGREEMENT
Best Business Local ("we," "our," or "us") reserves the right, at our sole discretion, to update, modify, suspend, discontinue, or otherwise alter any aspect of the Services or these Terms of Use ("TOU") at any time, with or without prior notice, and for any reason, including but not limited to legal compliance, operational needs, or business decisions. Such modifications shall become effective immediately upon their posting on the website or delivery by any other means of communication we deem appropriate. Your continued access to or use of the Services following the posting of any modifications shall constitute your legally binding acceptance of the revised TOU.
It is your responsibility to regularly review these Terms of Use to stay informed of any changes. If you do not agree to any revised terms, you must immediately cease all access to and use of the Services.
By using the Services, you expressly acknowledge and agree that Best Business Local may, at any time and without liability to you or any third party, in its sole and unfettered discretion, modify, suspend, restrict, reconfigure, supplement, or discontinue any or all of the Services - temporarily or permanently - including as to particular users or groups of users. We shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
Furthermore, you acknowledge and agree that no oral or written information or advice provided by Best Business Local or its representatives shall be deemed to modify these TOU unless expressly stated in writing and signed by an authorized representative.
3. REGISTERING WITH BEST BUSINESS LOCAL
By registering for an account with Best Business Local, you acknowledge and agree to be bound by these Terms and Conditions, as well as Best Business Local' Privacy Policy, available at https://www.bestbusinesslocal.com/about/privacy
- Account Registration & Accuracy of Information: You represent and warrant that all information provided during the registration process is true, accurate, current, and complete to the best of your knowledge. You further agree to promptly update such information as necessary to ensure its accuracy throughout your use of the Services. Best Business Local reserves the right, at its sole discretion, to suspend, restrict, or terminate any account found to contain false, misleading, or outdated information.
- Account Security & Unauthorized Use: You are solely responsible for maintaining the confidentiality and security of your Best Business Local Account credentials, including but not limited to your username and password. Any actions taken under your account will be deemed authorized and binding upon you. You acknowledge and accept full liability for any use, misuse, or unauthorized access of your account, whether by you or any third party.
In the event of any unauthorized access, suspected security breach, or misuse of your account, you must notify Best Business Local immediately at admin@businesslistingplus.com. Failure to report unauthorized use may result in account suspension, liability for damages, and/or legal action.
- Advertisements & Service Provision: You understand and agree that the Service may include advertisements and that these advertisements are necessary for Best Business Local to provide the Service. Such advertisements or advertising banners may be displayed on various parts of the platform, including but not limited to user dashboards, business listings, and promotional emails. Best Business Local reserves the right to modify, remove, or introduce advertisements at its sole discretion, without prior notice.
- Best Business Local's Rights: Best Business Local reserves the right, without prior notice and at its sole discretion, to:
- Monitor account activity for security and compliance purposes.
- Suspend, disable, or terminate accounts that violate these Terms of Use, engage in fraudulent activities, or pose security risks.
- Pursue legal remedies, including but not limited to seeking injunctive relief and damages, against individuals or entities engaged in unauthorized or unlawful activities related to account use.
By proceeding with account registration, you expressly acknowledge and agree to these Terms and Conditions.
4. ELIGIBILITY FOR USE
To access and utilize the site of Best Business Local and its associated Services, you must be at least eighteen (18) years of age. By accessing, registering, or otherwise using the Service, you expressly represent and warrant that you have the legal capacity to enter into a binding contract under applicable law. The Services, including Best Business Local Web Pages, are not intended for individuals under the age of eighteen (18). Any person under the age of eighteen (18) is expressly prohibited from creating an account or accessing the Service. By creating an account or utilizing the Service, you affirm, represent, and warrant that you meet the minimum age requirement.
5. CONTENT
5.1 Content Responsibility: You acknowledge and agree that all advertisements, listings, postings, messages, text, files, images, photos, videos, sounds, or other materials (collectively, “Content”) posted on, transmitted through, or linked from the Best Business Local service (the "Service") are the sole responsibility of the person or entity from whom such Content originated. You are solely responsible for each item of Content that you post, email, or otherwise make available via the Service. Best Business Local assumes no liability for Content posted by users and disclaims all warranties regarding its accuracy, legality, or reliability.
5.2 Consent to Content Management: If you request the assistance of Best Business Local to update content, or provide explicit or implied consent (via written request) for Best Business Local to modify, remove, or manage Content on your behalf, you assume full responsibility for such Content. You further acknowledge that failure to request the removal of Content will be interpreted as continued consent to its availability on the Service. Best Business Local shall not be held liable for any modifications, edits, or deletions made at your request or with your consent.
5.3 Waiver of Publicity and Privacy Rights: By posting any information, images, or likenesses of yourself or your business on Best Business Local, you irrevocably waive any claims of rights of publicity or privacy worldwide. You further release Best Business Local from any liability associated with the use of your likeness or personal Content, including but not limited to commercial use, advertising, or promotional activities.
5.4 Exposure to Third-Party Content: Best Business Local does not control, endorse, or assume responsibility for any third-party Content made available through the Service. By using the Service, you acknowledge that you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Best Business Local disclaims all liability related to such Content and makes no guarantees regarding its reliability or suitability.
5.5 Content License Grant: By posting Content to the Service, you grant Best Business Local a perpetual, irrevocable, worldwide, non-exclusive, transferable, fully paid license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Content for any purpose related to the Service. You also grant Best Business Local the right to create derivative works from such Content and to authorize sublicenses of these rights without compensation to you.
5.6 Third-Party Links Disclaimer: The Service may contain links to third-party websites that are entirely independent of Best Business Local. Best Business Local makes no representations or warranties regarding the accuracy, completeness, or authenticity of the information on such external sites. Accessing third-party websites or links is solely at your own risk, and Best Business Local shall not be liable for any loss or damage incurred from third-party interactions.
5.7 Content Evaluation and Liability Waiver: You acknowledge that you are solely responsible for evaluating the risks associated with any Content made available through the Service. You agree not to rely on any Content without independent verification. Under no circumstances shall Best Business Local be liable for any Content or for any loss or damage incurred as a result of reliance on or use of any Content posted, emailed, or otherwise made available via the Service.
5.8 Content Moderation and Compliance: Best Business Local does not pre-screen or pre-approve Content but reserves the right, at its sole discretion, to remove, refuse, delete, or relocate any Content that violates these Terms of Use or for any other reason, including but not limited to legal compliance, policy enforcement, or at the request of law enforcement authorities. Duplicate content or identical contact information, including shared phone numbers or addresses linked to the same business entity, will be subject to immediate removal without prior notice. Each business entity is permitted only ONE listing. However, businesses with multiple locations may list each location individually within the same listing framework.
5.9 Agency Posting Listings Policy: Best Business Local is designed for business owners to post their own listings. Agencies or companies looking to post multiple listings on behalf of different businesses must obtain prior written approval from Best Business Local. All agency-submitted listings will be classified as PAID listings. If Best Business Local identifies agency-submitted listings posted for FREE, these listings may be removed at any time without prior notice. Agencies must contact Best Business Local directly at admin@businesslistingplus.com for special pricing and approval.
5.10 User Responsibility for Listing Maintenance and Updates: Users are solely responsible for updating and maintaining their listings, including business listings, deals, events, classifieds, and articles. Updates must be made by logging into your account with your username and password. If you forget your password, you may reset it using the "Forgot your password" feature. Best Business Local disclaims any obligation to update, modify, or maintain user listings and assumes no liablibity for outdated or incorrect listings.
5.11 Technical Support: Best Business Local provides support services to assist users with accessing or updating their listings. However, Best Business Local is not liable for any delays, errors, interruptions, or technical issues that may arise. Users acknowledge that technical issues may occur, and Best Business Local shall not be liable for any loss, damage, or disruption resulting from such issues. The Service is provided "as is," and Best Business Local makes no warranties regarding its uninterrupted availability or error-free operation.
5.12 Removal of Listings and Requests for Removal of Listings or Links from Indices:
5.12.1 Discretionary Removal of Listings
To ensure the integrity, quality, and relevance of its directory, Best Business Local reserves the right, at its sole discretion, to remove or modify any listing, article, deal, classified, event, or associated content at any time and without prior notice. Grounds for removal include, but are not limited to:
- Listings with fewer than 100 words or insufficient business details
- Lack of visual content or presence of inappropriate or low-quality images
- Use of duplicate content or redundant contact information
- Use of invalid, non-functional, or unverifiable email addresses
- Content published under "No Owner" or associated with accounts that cannot be verified
- Listings that violate these Terms of Use, applicable laws, or community standards
5.12.2 Incomplete or Low-Quality Listings
Listings missing essential business details—such as website URL, physical business address, active phone number, or a sufficiently descriptive summary—may be deemed incomplete and subject to removal without notice.
5.12.3 Duplicate and Redundant Content
Each distinct business entity may maintain only one active listing per unique business. Listings that contain duplicate descriptions, identical addresses, or shared phone numbers (without proper justification) will be removed. Businesses with multiple locations may list each location individually, provided each entry is unique and independently verified.
5.12.4 Invalid or Unverifiable Email Addresses
All listings must be created using a valid, functioning, and verifiable email address. Best Business Local reserves the right to remove any content or account associated with false, inactive, or unreachable email addresses.
5.12.5 Free Listings and Expiration Policy
Free listings and free memberships issued during promotional periods will automatically expire one year after the date of creation unless renewed with payment. Best Business Local is under no obligation to provide expiration reminders, and expired listings may be removed without prior notice. Users waive any rights to claims, reinstatement, or compensation due to such expiration or removal.
5.12.6 Unpaid Listings
Paid listings, including business listings, deals, events, classifieds, or articles, must be paid within 14 days of creation. Listings that remain unpaid after this period will be marked as “pending” and may be removed at Best Business Local’s sole discretion without prior notification.
5.12.7 Denial of Removal Requests
Best Business Local reserves the absolute right, without prejudice, to deny any request to remove content or listings from the platform, regardless of the request’s origin or rationale. This includes, but is not limited to, listings created by third parties, promotional content, or entries included as part of indexing or aggregation services.
5.12.8 Link Removal from Search Index
Best Business Local may receive requests for the removal of links to listings or articles that appear in third-party search engine results or indices. Best Business Local is not obligated to process such requests and will evaluate them on a case-by-case basis. As a general policy, Best Business Local does not remove such links unless legally required to do so.
5.12.9 Classified Listings
Each user account may create only one active classified listing at a time. Best Business Local reserves the right to remove any excess, duplicate, or non-compliant classified listings without prior notice or liability. Classified listings offered free of charge during promotional periods are subject to expiration by December 31 of the year of posting or within one year, whichever comes first.
5.12.10 No Guarantees of Listing Visibility or Retention
Best Business Local does not guarantee continuous listing visibility, inclusion in its search engine indices, or permanent content retention. Removal or deactivation of listings may occur as a result of system updates, moderation, or policy changes.
5.12.11 Reservation of Rights
Best Business Local reserves all rights not expressly granted in these Terms. These include the right to moderate, refuse, remove, or edit any content that does not meet platform standards or poses risk to Best Business Local’s integrity, legal standing, or business reputation.
6. THIRD PARTY CONTENT, LINKS, AND TRANSACTIONS
Best Business Local (the "Service") may provide access to third-party content, including but not limited to websites, directories, servers, networks, systems, information databases, applications, software, programs, products, services, and other materials that are entirely independent of Best Business Local. Any links, referrals, or access to third-party content available through the Service are provided solely for convenience and do not imply any endorsement, approval, or verification by Best Business Local.
Your interactions, communications, and transactions with third-party organizations and/or individuals discovered through the Service - including but not limited to payments, delivery of goods or services, contractual terms, conditions, warranties, or representations - are solely between you and such third parties. You acknowledge and agree that Best Business Local exercises no control over, and assumes no responsibility for, the quality, safety, legality, accuracy, or availability of any goods, services, or information offered by such third parties. You are solely responsible for conducting any due diligence you deem necessary before engaging in any online or offline transactions.
Best Business Local makes no warranties or representations regarding:
- The authenticity, legality, accuracy, or reliability of any third-party content or services;
- The ability of sellers to lawfully offer goods or services or the ability of buyers to complete a transaction;
- The condition, quality, or fitness for a particular purpose of any goods or services offered through the Service.
All purchases or transactions made through the Service are conducted at the buyer's own risk. The Service is designed for experienced buyers who understand that product descriptions and images may not fully reflect the actual condition of an item. Buyers should assume that goods offered for sale are used unless explicitly stated otherwise and that such goods may require repair, refurbishment, or modification before use. Best Business Local does not independently verify the accuracy of information provided by sellers.
Limitation of Liability and Indemnification: You acknowledge and agree that Best Business Local shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from:
- Any transactions, agreements, or disputes between you and any third-party, including other users of the Service;
- Any errors, omissions, misrepresentations, or inaccuracies in third-party content;
- Any unauthorized access to or use of your personal or financial information by third parties.
By using the Service, you expressly waive any and all claims, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in connection with any dispute between you and any third party. You further agree to indemnify, defend, and hold harmless Best Business Local, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Service, your violation of these terms, or your interactions with any third party.
Dispute Resolution: Best Business Local is under no obligation to become involved in disputes between users of the Service or between users and third parties. In the event of any dispute, you agree to release Best Business Local from any claims or liabilities of any kind, whether in law or equity, that may arise from such disputes.
7. NOTIFICATION OF CLAIMS OF INFRINGEMENT
Best Business Local respects the intellectual property rights of others and expects its users, advertisers, licensors, and service providers to do the same. Unauthorized use of copyrighted material, trademarks, or other intellectual property is strictly prohibited.
If you believe that your copyrighted work or intellectual property has been used in a manner that constitutes infringement, you may submit a Notice of Infringement (“Notice”) to Best Business Local’s designated agent at:
admin@businesslistingplus.com
To be effective, your Notice of Infringement must include the following details:
- Identification of the allegedly infringing material located on Best Business Local, including specific URLs or other identifying details to help us locate it.
- A statement of good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
- Your contact information, including your full name, physical address, telephone number, and email address.
- A declaration under penalty of perjury that:
- The information in the Notice is accurate; and
- You are either the owner of the intellectual property in question or authorized to act on behalf of the owner.
- Your physical or electronic signature.
Resolution Process: Upon receipt of a valid Notice of Infringement, Best Business Local will:
- Acknowledge receipt of the Notice via email within 14 business days.
- Temporarily disable or remove the allegedly infringing content while the claim is reviewed.
- Notify the user who posted the content, providing them with details of the claim and an opportunity to respond with the Counter-Notice if they believe the material was removed in error.
- If the user does not respond within 7 days, Best Business Local may permanently remove the content and take further action, including potential account suspension without prior notice.
- If a Counter-Notice is filed, Best Business Local will not be obligated to mediate or resolve the dispute. Instead, both parties must resolve the matter directly with each other. Until a mutual resolution is reached, the disputed listing will remain temporarily disabled.
Best Business Local reserves the right to terminate accounts of infringers and take additional actions to protect intellectual property rights.
8. PRIVACY AND INFORMATION DISCLOSURE
Best Business Local reserves the right, at its sole discretion and in accordance with applicable laws, to preserve, monitor, or disclose any Content you submit, as well as your personal information, including but not limited to email addresses, IP addresses, timestamps, account activity, and other user-related data. Such disclosure may be made in response to legal obligations, regulatory requests, subpoenas, court orders, or to protect the rights, property, or safety of Best Business Local, its users, or the public.
By using our services, you acknowledge and consent that your personal information is subject to Best Business Local’s Privacy Policy, which governs the collection, storage, use, and disclosure of personal data. We make reasonable efforts to safeguard your information, but we do not guarantee absolute security against unauthorized access, breaches, or other forms of data compromise.
Best Business Local shall not be liable for any unauthorized access or disclosure of user information unless caused by its willful misconduct or gross negligence. Users are responsible for maintaining the confidentiality of their account credentials and for any activities conducted under their accounts.
For further details regarding how we handle your personal data, please review our Privacy Policy.
9. CONDUCT
You agree NOT to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
- that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, or any other protected status under applicable law;
- that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
- that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required to comply with law, regulation, executive order, or federal, state, or local government contract;
- that impersonates any person or entity, including, but not limited to a Best Business Local employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of unauthorized advertising or solicitation, including but not limited to:
- Content posted in areas of Best Business Local not designated for such purposes;
- Unsolicited emails to Best Business Local users who have not indicated in writing that they consent to be contacted for commercial purposes;
- that includes links to commercial services, products or websites, except as specifically permitted;
- that advertises any illegal service or the sale of any items prohibited or restricted by any applicable law;
- that is related to marijuana, cannabis products, prescription medications, or any controlled substances, regardless of legality of certain jurisdictions;
- that promotes, facilitates, or contains any form of gambling, betting, lottery, sweepstakes, or games of chance that are not legally authorized or regulated;
- that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content ("flooding attack") to the Service, or that otherwise negatively affects other users’ ability to use the Service;
- that employs misleading email addresses, forged headers, or otherwise manipulates identifiers to disguise the origin of Content transmitted through the Service.
- that promotes or facilitates illegal activities, including hacking, phishing, identity theft, or unauthorized access to networks or systems;
- that provides instructions on how to engage in illegal activities, such as the creation or distribution of counterfeit goods, financial fraud, or other criminal actions.
Additionally, you agree NOT to:
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass any individual or group;
- collect personal data about other users for commercial, unlawful, or malicious purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service , unless expressly permitted by Best Business Local;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- post the same item or service in more than one classified category or forum;
- attempt to gain unauthorized access to Best Business Local’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service or Best Business Local;
- use any automated device, computer program, or software that enables the bulk submission of Content on Best Business Local without manual entry by the author (“automated posting device”), including but not limited to automatic submission of Content at set intervals;
- attempt to interfere with the security, integrity, or availability of the Service through hacking, denial-of-service attacks, or other means;
- use Best Business Local to engage in any fraudulent activity, including credit card fraud, money laundering, or investment scams;
- create duplicate or misleading accounts to manipulate rankings, reviews, or other elements of the Service.
Violations of these terms may result in immediate termination of your account and potential legal action. Best Business Local reserves the right to remove any Content or suspend any account that, in its sole discretion, violates these terms or poses a risk to the community.
10. POSTING AGENTS
A “Posting Agent” is defined as any third-party individual, agent, service, or intermediary that submits, posts, or otherwise transmits Content to the Service on behalf of another party. To ensure proper management of platform resources and content quality, the use of Posting Agents is strictly prohibited without the prior express written consent or a valid license granted by Best Business Local. Posting Agents may not:
- Post or submit Content on behalf of others,
- Cause Content to be so posted through indirect means,
- Facilitate access to or use the Service for the purpose of posting Content for third parties,
unless explicitly authorized in writing by Best Business Local.
Unauthorized use of the Service by Posting Agents constitutes a violation of these Terms of Use and may result in the immediate removal of Content, suspension or termination of associated accounts, and potential legal action.
11. NO SPAM POLICY
You acknowledge and agree that the transmission of unsolicited commercial email, bulk email, or other forms of spam to any Best Business Local email addresses or through Best Business Local computer systems is strictly prohibited by these Terms of Use (TOU). Any unauthorized access to or use of Best Business Local computer systems for such purposes constitutes a material breach of the TOU and may violate applicable federal and state laws, including, but not limited to:
- The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act (15 U.S.C. § 7701 et seq.),
- The Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.).
Violations of this policy may result in legal action, including civil liability, injunctive relief, and criminal prosecution, with potential penalties including monetary damages, fines, and imprisonment. Best Business Local reserves the right to investigate and fully cooperate with law enforcement authorities in the prosecution of any party who engages in such unlawful activities.
12. PAID POSTINGS
Best Business Local reserves the right to impose fees for the posting of Content in designated sections of the Service. Such fees constitute an access charge solely for the priviledge of publishing Content within specified areas of the platform and shall not be construed as a guarantee of visibility, user engagement, or any particular result from the posting of such Content.
By submitting Content to the Service, each user expressly acknowledges and agrees that they bear sole responsibility for the accuracy, legality, and compliance of such Content with the Term of Use (TOU) and all applicable laws and regulations. Best Business Local disclaims all liability for any Content posted by users and shall not be held responsible for any claims, damages, or disputes arising from such Content.
All fees paid for posting Content, advertising, subscription services, or any other paid features are non-refundable under all circumstances, including but not limited to the removal of Content due to violations of the TOU or any other policies enforced by Best Business Local. Refunds shall only be granted if explicitly stated in a written agreement, limited promotional offer, or other binding arrangement between the user and Best Business Local.
Best Business Local retains the exclusive right to modify, suspend, or discontinue any paid service at its sole discretion, with or without prior notice. Under no circumstances shall Best Business Local be held liable for any losses, damages, or claims resulting from such modifications, suspensions, or discontinuations.
13. FREE LISTINGS AND FREE MEMBERSHIP DURING PROMOTION PERIOD
13.1 Expiration of Free Listings: All listings, including but not limited to business listings, deals, events, classifieds, and articles, that were created free of charge during the promotional period are subject to expiration within one (1) year from the date of creation unless renewed with payment in accordance with the applicable terms and conditions.
13.2 Limitations of Free Listings and Articles: Each business entity or individual member account is entitled to only one (1) free listing or one (1) free article during the promotional period. Best Business Local reserves the right to conduct periodic audits and system checks to ensure compliance with this policy.
If it is determined that a business entity or member account has created multiple free listings or articles beyond the permitted limit during the promotional period,
Best Business Local, at its sole discretion, may remove any additional listings or articles without prior notice. Such removal shall not entitle the user to any claims, reinstatement, refunds, or compensations of any kind.
To obtain more than one listing or article, you must purchase additional listings or articles in accordance with the applicable terms, conditions, and pricing set forth by
Best Business Local. Best Business Local reserves the right to modify, suspend, or terminate the promotional offer at any time without liability.
13.3 User Responsibility for Renewal: Best Business Local does not provide notifications regarding the expiration of free listings. It is the sole responsibility of the user to track their listing's expiration date and ensure timely renewal if continued visibility is desired.
13.4 Removal of Expired Listings: Best Business Local reserves the right to remove any expired listings without prior notice if they are not renewed before their expiration date. You acknowledge and agree that the removal of expired listings does not entitle them to any claims, reinstatement, refunds, or compensations of any kind.
13.5 Modifications and Enforcement: Best Business Local reserves the right to modify, update, suspend, or discontinue the free listing program or promotional offer at any time without prior notice or liability. By participating in the free listing program, you agree to comply with these terms and acknowledge that
Best Business Local's decisions regarding listing removals and eligibility are final and binding.
14. SERVICE USAGE LIMITS AND MODIFICATIONS
You acknowledge and agree that Best Business Local may, at its sole discretion, establish, modify, or enforce general practices and limitations concerning the use of the Service, including but not limited to:
- The maximum duration for which Content will be retained or made available through the Service;
- The maximum number, size, and frequency of postings, email messages, communications, or other Content that may be submitted, stored, processed, or transmitted via the Service;
- The rate or frequency at which you may access or interact with the Service, including any automated access restrictions.
You agree that Best Business Local has no responsibility or liability whatsoever for the deletion, loss, corruption, or failure to store or transmit any Content, whether posted, uploaded, or otherwise transmitted through the Service. It is your sole responsibility to back up and retain copies of any Content you wish to preserve.
You further acknowledge and agree that Best Business Local reserves the right, at any time and without prior notice, to modify, suspend, limit, or permanently discontinue the Service or any portion, feature, or functionality thereof. This includes, without limitation, the right to implement or change fees, access controls, storage limits, data transfer caps, usage quotas, or technical requirements.
Such changes may be implemented with or without notice and at the sole discretion of Best Business Local. You agree that Best Business Local shall not be liable to you or to any third party for any such modification, suspension, discontinuance, or loss of access to the Service, including any associated Content or user data.
15. ACCESS TO THE SERVICE
Best Business Local grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service strictly for your personal, non-commercial purposes, subject to the terms and conditions herein. This license does not include, and you expressly agree not to engage in:
(a) access to the Service by Posting Agents, automated systems, or unauthorized third parties; (b) the collection, aggregation, copying, duplication, republication, transmission, display, modification, distribution, sale, licensing, or derivative use of the Service nor any content made available via the Service, nor any use of data mining, robots, spiders, crawlers, scrapers, or similar data gathering and extraction tools for any purpose unless expressly permitted by Best Business Local.
A limited exception to (b) is provided to general - purpose internet search engines and non-commercial public archives that use such tools solely for the purpose of displaying hyperlinks to the Service, provided they operate from a stable IP address or range of IP addresses, use an easily identifiable agent, and comply with Best Business Local's robots.txt file. For clarity, a “general - purpose internet search engine” does not include any website, search engine, or other service that specializes in classified listings or any subset of classifieds listings (e.g., real estate, employment, decorative goods) or is engaged in providing classified ad listing services.
Restrictions on Hyperlinking and Display: You are strictly prohibited from displaying individual postings from the Service on your website or creating hyperlinks to such postings without express prior written permission from Best Business Local. You may, however, create a hyperlink to the homepage of Best Business Local, provided that such link does not misrepresent, defame, disparage, or otherwise portray Best Business Local, its officers, employees, affiliates, or users in a false, misleading, derogatory, or otherwise offensive manner.
Best Business Local may, at its sole discretion, offer various parts of the Service in RSS formats to allow users to embed individual feeds into a personal website or blog, or to view postings through third-party news aggregators. Users who access and display RSS feeds from Best Business Local must comply with the following conditions: (a) RSS feeds are used solely for personal, non-commercial purposes, (b) each title is correctly linked back to the original post on the Service, redirecting the user to the post when clicked; (c) proper attribution to “Best Business Local” must be displayed adjacent to the RSS feed; (d) no usage or display may imply that Best Business Local endorses or supports any third-party causes, ideas, websites, products, or services; (e) redistribution of the RSS feed in any form is strictly prohibited; and (f) your use of the RSS feed must not impose an undue burden on Best Business Local’s systems. Best Business Local's servers or infrastructure.
Best Business Local reserves all rights, including but not limited to intellectual property rights, in the content of the RSS feeds and may terminate or modify any RSS feed at any time, with or without notice.
Termination of License: Any use of the Service beyond the scope of the authorized access granted to you by Best Business Local shall constitute an immediate and automatic termination of this license. Unauthorized access, including but not limited to attempts to interfere with or circumvent security features, use of the Service for data scraping, or other prohibited activities, may result in legal action, including but not limited to injunctive relief and damages.
If you wish to collect, aggregate, copy, duplicate, display, or make derivative use of the Service or any Content made available via the Service for any purpose not explicitly stated herein, including commercial use, you must obtain a prior written license agreement signed by an authorized representative of Best Business Local. Failure to obtain such permission shall be deemed a material breach of these Terms of Use, subjecting you to liability for damages and other legal remedies available under applicable law.
Best Business Local reserves the right to monitor usage of the Service, investigate any violations of these terms, and enforce compliance through technological and legal measures, including but not limited to IP blocking, account suspension, and legal action where necessary.
16. TERMINATION OF SERVICE
You acknowledge and agree that Best Business Local, in its sole and absolute discretion, has the right, but not the obligation, to suspend, restrict, delete, or deactivate your account; block your email address, IP address, or device; or otherwise terminate your access to and use of the Service (or any part thereof), at any time and without prior notice. This includes, but is not limited to, cases where Best Business Local determines, in its sole judgment, that you have violated any provision of these Terms of Use ("TOU"), engaged in fraudulent, illegal, or unauthorized activities, or acted in a manner contrary to the interests of Best Business Local, its users, affiliates, or partners.
Termination of Free Listings: For users with Free Listings - including but not limited to business listings, deals, events, classifieds, and articles - Best Business Local reserves the right to modify, suspend, or permanently remove any Free Listing at any time, with or without cause, and without prior notice. Free Listings are provided as a courtesy and do not establish any contractual obligation between the user and Best Business Local. Best Business Local may remove Free Listings that are inactive, outdated, incomplete, duplicate, or deemed inappropriate in its sole discretion. Additionally, users with Free Listings acknowledge that such listings are not guaranteed any specific level of visibility, ranking, or longevity on the platform.
Free Listings are subject to expiration within one (1) year from the date of creation unless renewed with payment in accordance with applicable terms and conditions. These Free Listings are governed by Section 13. Free Listings and Free Membership During Promotion Period.
Upon termination of any listing, whether free or paid, Best Business Local reserves the right to remove, delete, or permanently disable access to any associated content, data, or materials, without liability to you or any third party. Best Business Local shall not be responsible for maintaining, storing, or providing access to any such content post-termination.
Furthermore, you expressly agree that Best Business Local shall not be liable to you or any third party for any damages, losses, claims, or expenses arising out of or related to the termination, suspension, or restriction of your account, listing, or access to the Service. You further agree that any attempt to access the Service after termination shall constitute unauthorized access and may subject you to legal action, including but not limited to injunctive relief, damages, and attorneys' fees.
The provisions of Sections 2-8 and 14-21 of these TOU, along with any other provisions that by their nature should survive termination, shall remain in full force and effect following the termination of your access to the Service.
17. PROPRIETARY RIGHTS
The Service and all content and materials available on or through it, including but not limited to text, graphics, software, code, design, trademarks, and logos (collectively, the “Content”), are the property of Best Business Local or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws, both in the United States and internationally.
You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, transmit, decompile, disassemble, reverse engineer, or otherwise exploit any part of the Service or its Content, in whole or in part, without the prior written permission of Best Business Local, except as expressly permitted by law or under this Agreement.
All rights not expressly granted to you are reserved by Best Business Local and its licensors. Unauthorized use may result in civil and/or criminal penalties.
Best Business Local’s name, logo, and other trademarks, service marks, and trade names (“Marks”) displayed on the Service are the property of Best Business Local or third parties. You may not use any of these Marks without the prior written consent of Best Business Local or the relevant rights holder.
You retain ownership of any content you submit or post to the Service. However, by submitting content to any public area of the Service, you grant Best Business Local a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, distribute, publicly perform, display, create derivative works from, and otherwise exploit such content in connection with the Service and Best Business Local's business operations.
Additionally, by posting content publicly, you authorize Best Business Local to prohibit the aggregation, reproduction, duplication, or exploitation of your content by third parties without your or Best Business Local's prior written consent.
18. DISCLAIMER OF WARRANTIES
ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK:
BY ACCESSING OR USING THE BEST BUSINESS LOCAL WEBSITE, PLATFORM, OR ANY OF ITS ASSOCIATED SERVICES, YOU (“USER”, “YOU”, OR “YOUR”) EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR SOLE RISK. YOU FURTHER ACKNOWLEDGE AND ACCEPT THAT BEST BUSINESS LOCAL, INCLUDING ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND REPRESENTATIVES (COLLECTIVELY, THE “BEST BUSINESS LOCAL PARTIES”), MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS AS TO THE RELIABILITY, SECURITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
NO WARRANTIES – “AS IS” AND “AS AVAILABLE” BASIS
ALL SERVICES, FEATURES, TOOLS, CONTENT, DATA, PRODUCTS, AND OTHER MATERIALS PROVIDED BY BEST BUSINESS LOCAL ARE FURNISHED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUSINESS LOCAL DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE,
- NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
- TITLE AND QUIET ENJOYMENT,
- WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE IN TRADE,
- WARRANTIES THAT THE WEBSITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE,
- WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED,
- WARRANTIES THAT THE WEBSITE, PLATFORM, SERVERS, OR ANY COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
- WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, LEGALITY, OR UTILITY OF ANY CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE PLATFORM.
ADDITIONAL NO WARRANTIES SPECIFIC TO BUSINESS LISTING SERVICES
- BEST BUSINESS LOCAL MAKES NO WARRANTY THAT THE USE OF THE WEBSITE OR LISTING SERVICES WILL RESULT IN INCREASED TRAFFIC, LEADS, SALES, OR ANY OTHER BUSINESS BENEFIT.
- BEST BUSINESS LOCAL MAKES NO GUARANTEE THAT ANY CONTENT, INFORMATION, OR MATERIALS POSTED BY USERS, INCLUDING BUSINESS LISTINGS, REVIEWS, RATINGS, IMAGES, OR OTHER SUBMISSIONS, ARE COMPLETE, ACCURATE, NON-MISLEADING, OR CURRENT.
- BEST BUSINESS LOCAL DOES NOT GUARANTEE THAT THE WEBSITE, PLATFORM, OR ANY FEATURES OR SERVICES WILL BE AVAILABLE AT ALL TIMES, WITHOUT INTERRUPTION, DELAY, OR ERROR.
- BEST BUSINESS LOCAL DOES NOT VERIFY, ENDORSE, OR GUARANTEE THE QUALITY, RELIABILITY, LEGALITY, OR PERFORMANCE OF ANY THIRD-PARTY BUSINESSES, VENDORS, OR SERVICE PROVIDERS LISTED ON THE PLATFORM.
- BEST BUSINESS LOCAL MAKES NO GUARANTEES ABOUT THE VISIBILITY, SEARCH ENGINE INDEXING, OR RANKING PERFORMANCE OF ANY LISTINGS.
- BEST BUSINESS LOCAL DOES NOT GUARANTEE THAT THE USE OF THE PLATFORM, OR ANY USER-GENERATED CONTENT, COMPLIES WITH LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAWS, INCLUDING BUT NOT LIMITED TO ADVERTISING, PRIVACY, COPYRIGHT, TRADEMARK, OR CONSUMER PROTECTION LAWS.
THIRD-PARTY CONTENT, LINKS, AND SERVICES
BEST BUSINESS LOCAL MAY PROVIDE ACCESS TO THIRD-PARTY PRODUCTS, CONTENT, SERVICES, OR WEBSITES VIA LINKS, ADVERTISEMENTS, OR LISTINGS. SUCH THIRD-PARTY CONTENT IS OFFERED SOLELY AS A CONVENIENCE. BEST BUSINESS LOCAL MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO:
- LEGALITY,
- AVAILABILITY,
- DELIVERY,
- ACCURACY,
- MERCHANTABILITY,
- NON-INFRINGEMENT, AND
- FITNESS FOR A PARTICULAR PURPOSE.
BEST BUSINESS LOCAL DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY OFFERINGS, NOR DOES IT ACT AS AN AGENT OR BROKER FOR SUCH THIRD PARTIES.
NO AGENCY OR AFFILIATION
MENTIONS OF THIRD-PARTY BUSINESSES, LINKS, OR SERVICES ON THE BEST BUSINESS LOCAL PLATFORM DO NOT IMPLY PARTNERSHIP, ENDORSEMENT, OR AFFILIATION UNLESS EXPLICITLY STATED IN A FORMAL AGREEMENT. USERS ASSUME ALL RESPONSIBILITY AND RISK IN ENGAGING WITH ANY THIRD PARTY.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BEST BUSINESS LOCAL OR THE BEST BUSINESS LOCAL PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS,
- LOSS OF BUSINESS OR GOODWILL,
- LOSS OF DATA OR BUSINESS INTERRUPTION, OR
- ANY OTHER INTANGIBLE LOSSES,
ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM, SERVICES, CONTENT, OR ANY LINKED THIRD-PARTY SERVICES—EVEN IF BEST BUSINESS LOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO RELIANCE ON ADVICE
ANY ORAL OR WRITTEN INFORMATION, STATEMENTS, OR ADVICE PROVIDED BY BEST BUSINESS LOCAL OR ITS AUTHORIZED AGENTS DO NOT CONSTITUTE LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE, AND SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS DISCLAIMER.
JURISDICTIONAL EXCLUSIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. TO THE EXTENT SUCH LAWS APPLY TO YOU, THE LIMITATIONS AND EXCLUSIONS HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW.
FINAL PROVISION
IF YOU DO NOT AGREE TO THIS DISCLAIMER OF WARRANTIES IN ITS ENTIRETY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF BEST BUSINESS LOCAL AND ITS SERVICES IMMEDIATELY.
19. LIMITATIONS OF LIABILITY
GENERAL LIMITATION:
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BEST BUSINESS LOCAL, INCLUDING ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “BEST BUSINESS LOCALPARTIES”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, REVENUE, OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, EVEN IF BEST BUSINESS LOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SPECIFIC SCENARIOS:
BEST BUSINESS LOCAL EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS ARISING FROM, OR IN CONNECTION WITH:
- YOUR ACCESS TO, USE OF, OR INABILITY TO USE BEST BUSINESS LOCAL OR ANY OF ITS SERVICES, FEATURES, OR CONTENT;
- ANY INTERRUPTION, MODIFICATION, DOWNTIME, BUG, DELAY, OR TERMINATION OF SERVICE;
- ANY THIRD-PARTY CONDUCT, CONTENT, TRANSACTION, REPRESENTATION, OR OMISSION ON OR THROUGH BEST BUSINESS LOCAL;
- ANY PRODUCTS OR SERVICES LISTED, PROMOTED, OR OBTAINED THROUGH BEST BUSINESS LOCAL OR THIRD-PARTY LINKS;
- ANY INFORMATION OR ADVICE RECEIVED THROUGH BEST BUSINESS LOCAL OR ADVERTISED IN CONNECTION WITH THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR ACCOUNT;
- LOSS OF ACCESS OR RANKING OF YOUR BUSINESS LISTING DUE TO SYSTEM ALGORITHMS OR PLATFORM CHANGES.
LIMITATION ON AI AND DATA SCIENCE FEATURES:
BEST BUSINESS LOCAL MAY OFFER AI-GENERATED CONTENT, DATA SCIENCE TOOLS, MACHINE LEARNING MODELS, OR PREDICTIVE ANALYTICS AS PART OF ITS PLATFORM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- ALL AI OR DATA-DRIVEN OUTPUTS, INSIGHTS, OR SUGGESTIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, OR SUITABILITY FOR YOUR PARTICULAR PURPOSE.
- BEST BUSINESS LOCAL DOES NOT GUARANTEE THAT ANY AUTOMATED FUNCTIONALITY WILL BE ERROR-FREE, UNBIASED, OR COMPLIANT WITH ANY INDUSTRY OR LEGAL STANDARD.
- YOU ASSUME FULL RESPONSIBILITY FOR ALL DECISIONS MADE OR ACTIONS TAKEN BASED ON AI-GENERATED DATA, LISTINGS, RANKINGS, OR RECOMMENDATIONS, AND YOU AGREE THAT BEST BUSINESS LOCAL IS NOT LIABLE FOR THE OUTCOMES OF SUCH RELIANCE.
- BEST BUSINESS LOCAL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS RESULTING FROM AUTOMATED DATA ANALYSIS, ALGORITHMIC RANKINGS, OR OTHER AI-ENABLED FEATURES.
LISTING ACCURACY AND THIRD-PARTY CONTENT:
BEST BUSINESS LOCAL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, OR COMPLETENESS OF ANY USER-GENERATED CONTENT, BUSINESS LISTINGS, REVIEWS, OR THIRD-PARTY SUBMISSIONS DISPLAYED ON THE PLATFORM.
- YOU UNDERSTAND THAT BEST BUSINESS LOCAL DOES NOT PRE-SCREEN OR INDEPENDENTLY VERIFY THE CONTENT OR CREDENTIALS OF ANY LISTING OR BUSINESS.
- YOU USE SUCH INFORMATION ENTIRELY AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR CONDUCTING ANY DUE DILIGENCE BEFORE ENGAGING WITH ANY LISTED PARTY OR OFFERED SERVICE.
- BEST BUSINESS LOCAL SHALL NOT BE HELD RESPONSIBLE FOR INACCURATE, MISLEADING, FRAUDULENT, OR UNVERIFIED INFORMATION POSTED ON THE PLATFORM.
TECHNOLOGICAL FAILURES AND CYBERSECURITY:
BEST BUSINESS LOCAL IS NOT LIABLE FOR DAMAGES RESULTING FROM:
- SERVER FAILURES, SYSTEM CRASHES, OR SERVICE OUTAGES;
- DATA BREACHES, HACKING INCIDENTS, OR SECURITY EXPLOITS;
- THE LOSS, CORRUPTION, UNAUTHORIZED ACCESS, OR DISCLOSURE OF YOUR CONTENT OR INFORMATION DUE TO SYSTEM OR USER ERROR.
JURISDICTIONAL VARIATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF BEST BUSINESS LOCAL SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL IN NO EVENT EXCEED THE GREATER OF:
- (A) THE TOTAL AMOUNT PAID BY YOU TO BEST BUSINESS LOCAL IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR
- (B) FIFTY DOLLARS ($50 USD).
EXCLUSIVE REMEDY:
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE RELATING TO BEST BUSINESS LOCAL OR ITS SERVICES IS TO CEASE USING THE WEBSITE AND CANCEL YOUR SUBSCRIPTION, IF APPLICABLE. THIS LIMITATION OF RELIEF IS A FUNDAMENTAL TERM OF THIS AGREEMENT AND SHALL APPLY EVEN IF ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. INDEMNITY
BY ACCESSING OR USING THE BEST BUSINESS LOCAL PLATFORM, YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BEST BUSINESS LOCAL, including its parent company, subsidiaries, affiliates, successors, assigns, licensors, licensees, advertising partners, service providers, officers, directors, shareholders, managers, employees, agents, contractors, legal representatives, and any third parties acting on its behalf (collectively, the “Indemnified Parties”), from and against any and all claims, demands, actions, liabilities, proceedings, investigations, damages, judgments, settlements, penalties, fines, costs, and expenses (including, without limitation, attorneys’ fees, expert witness fees, court costs, enforcement expenses, and all other litigation or dispute resolution costs) arising out of or relating to, directly or indirectly:
- Your Content: Any data, business listing, post, advertisement, communication, testimonial, image, video, metadata, or other materials that you upload, submit, publish, display, promote, or otherwise make available via the Platform or its affiliated services.
- Your Use of the Services: Your actual or attempted access to, use of, or interaction with the Platform, Services, or any related functionalities, APIs, databases, listings, promotional tools, or user interfaces.
- Your Breach of Terms: Any breach or alleged breach of these Terms of Use, the Privacy Policy, or any other agreements, guidelines, or policies of Best Business Local.
- Violations of Law: Any violation or alleged violation of federal, state, local, or international laws, rules, or regulations, including but not limited to those governing intellectual property, defamation, unfair competition, deceptive business practices, consumer protection, privacy, spam, advertising, tax obligations, and online content.
- Third-Party Claims: Any claim that your conduct or Content infringes, misappropriates, or violates the rights of a third party, including but not limited to copyrights, trademarks, patents, trade secrets, privacy, publicity rights, or contractual rights.
- Misrepresentation or Fraud: Any false, misleading, unauthorized, or fraudulent representation made by you in connection with your listing, profile, services, or interactions through the Platform.
- Security Breaches or Account Misuse: Any unauthorized access to or use of your account, including but not limited to actions taken using your credentials, negligence in maintaining account security, or activities causing harm to other users or the Platform’s infrastructure.
- User Disputes or Business Transactions: Any disputes, claims, or liabilities arising from your interactions with other users, businesses, clients, vendors, or service providers, including disputes over pricing, services rendered, refund policies, or representations made on your listing.
- Platform Harm: Any damage, degradation, or interference caused by your use of the Service, whether intentional or negligent, that disrupts or compromises the integrity, security, or performance of the Best Business Local platform or its data.
RIGHT TO ASSUME DEFENSE
Best Business Local reserves the right—but not the obligation—to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at its own expense. You agree to cooperate fully in asserting available defenses and to provide all information, documentation, access, and assistance reasonably requested by Best Business Local in connection with any such claim or proceeding.
SURVIVAL
Your indemnification obligations will survive the termination, expiration, suspension, or deactivation of your account, subscription, or access to the Services, and remain in full force with respect to all claims arising from events occurring prior to such termination.
21. GENERAL INFORMATION
These Terms of Use (“TOU”), along with any supplemental terms, agreements, policies, or disclosures that may apply to specific features, products, or services offered through the Service, constitute the entire legal agreement between you and Best Business Local and govern your access to and use of the Service. This agreement supersedes any prior or contemporaneous agreements, communications, or understandings, whether oral or written, between you and Best Business Local with respect to the Service.
No waiver of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by Best Business Local to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU is held to be unlawful, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The parties agree that any such unenforceable provision shall be interpreted, if possible, to reflect the parties' original intent.
You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these TOU must be filed within one (1) year after such claim or cause of action accrues, or it shall be permanently barred.
Your rights and obligations under these TOU are not assignable, transferable, or sublicensable by you except with prior written consent from Best Business Local. Any attempted assignment in violation of this section shall be null and void.
All rights not expressly granted herein are reserved by Best Business Local.
22. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Reporting Violations: Please report any violations of the Terms of Use (TOU) by contacting us at admin@businesslistingplus.com.
Continued Enforcement: Our failure to enforce any provision of the TOU following a breach by you or others does not waive our right to enforce the same or different provisions in the future.
Liquidated Damages: Because actual damages can be difficult to quantify, the following liquidated damages are agreed upon as reasonable estimates of harm for specific breaches of the TOU:
- Impersonation and Misrepresentation: For each instance of posting content that impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with a person or entity; or includes personal or identifying information about another person without explicit consent, you agree to pay Best Business Local one thousand dollars ($1,000) per violation.
- Excessive Use: If you exceed established limits on usage or if Best Business Local terminates your access and you continue to use the Service, you agree to pay one hundred dollars ($100) for each message posted beyond the limits or for each day you access Best Business Local beyond the limits, whichever is higher.
- Unsolicited Email: For each unsolicited email sent to Best Business Local email addresses or through our systems, you agree to pay twenty-five dollars ($25) per email.
- Content Violations: For any Content posted in violation of the TOU, you agree to pay Best Business Local one hundred dollars ($100) for each item of content posted in violation. Additionally, the Principal employing the Posting Agent will pay an additional $100 for each violation committed by the Posting Agent.
- Posting Agents: If you are a Posting Agent using the Service contrary to the TOU, you agree to pay Best Business Local one hundred dollars ($100) for each item of content posted in violation. Additionally, the Principal employing the Posting Agent will pay an additional one hundred dollars ($100) for each violation committed by the Posting Agent.
- Unauthorized Use of Content: If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit any Content (other than your own) without express written permission from Best Business Local, you agree to pay Best Business Local three thousand dollars ($3,000) for each day you engage in such unauthorized activity.
Equitable Relief: In addition to monetary damages, Best Business Local retains the right to seek equitable relief, including specific performance, preliminary or permanent injunction to prevent breaches of the TOU, or in aid of the exercise of any power granted by the TOU.
Severability and Adjustments: If any provision of the TOU imposing liquidated damages is deemed invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and necessary amendments should be made to maintain the intentions of the original terms.
Jurisdictional Variations: Some jurisdictions may not allow certain limitations of liability or liquidated damages. In such jurisdictions, liability shall be limited to the greatest extent permitted by law, and any unenforceable liquidated damages clauses shall be disregarded.
Indemnification: You agree to indemnify, defend, and hold harmless Best Business Local and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
23. FEEDBACK
We welcome your questions and comments. Please send them to admin@businesslistingplus.com.
24. TERMS OF USE FOR ALL SERVICES
(Including, but not limited to, the Terms of Use outlined in sections 1 through 23)
These Terms of Use ("Agreement") govern your use of the services, programs, and platforms (collectively, the "Programs") provided by Best Business Local, including its subsidiaries, affiliates, officers, directors, employees, agents, and representatives (collectively, "Best Business Local," "we,", "our," or "us"). By accessing or using our Programs, you ("User," "Professional," or "Consumer") acknowledge that you have read, understood, and agree to be legally bound by this Agreement.
Acceptance of Terms: Use of the Programs constitutes your binding acceptance of these Terms of Use, including any modifications we may make from time to time without prior notice. You are responsible for regularly reviewing these terms.
Eligibility: By using the Programs, you represent and warrant that you are at least 18 years of age and have the legal authority to enter into this Agreement.
Programs and Services: Best Business Local provides an online platform to connect Consumers with Professionals offering services. Best Business Local is not a party to any service agreement between Professionals and Consumers. All agreements, services, engagements, and transactions between Professionals and Consumers are strictly between those parties.
Disclaimers and Limitations of Liability
General Disclaimer: The Programs are provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Programs is at your sole risk. Best Business Local expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability of content
- Safety or legality of services offered by Professionals
For Consumers: You agree that Best Business Local is not liable for:
a) The Programs
b) The conduct, qualifications, or services of any Professional
c) Any engagement, agreement, or transaction with a Professional
d) Any acts, omissions, negligence, breach of contract, fraud, or misconduct by any Professional or their affiliates, agents, vendors, or contractors
e) Any loss or damage arising out of your use of the Programs or any services obtained through the Programs
Limitation of Liability: In no event shall Best Business Local's total liability to you exceed twenty-five dollars ($25.00), regardless of the form of action.
For Professionals: You acknowledge and agree that:
a) You are solely responsible for any agreement or service you provide to a Consumer
b) You are not an employee, agent, or representative of Best Business Local
c) Best Business Local does not guarantee the accuracy, quality, or reliability of any Consumer
Best Business Local shall not be liable for:
a) Your use of the Programs
b) Your engagement by any Consumer
c) Acts, omissions, negligence, breach of contract, fraud, or misconduct by you or any party you engage
d) Any other matter relating to your use of the Programs
Limitation of Liability: In no event shall Best Business Local's total liability to you exceed twenty-five dollars ($25.00).
No Endorsement or Guarantee: Best Business Local does not endorse, guarantee, or make any representation concerning the qualifications, licensing, or competence of any Professional or the suitability of any Consumer.
Indemnification: You agree to indemnify, defend, and hold harmless Best Business Local, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
- Your access to or use of the Programs
- Any service you provide or receive
- Your violation of any applicable law, regulation, or third-party rights
- Your breach of this Agreement
Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in California, and judgment on the arbitration award may be entered in any court having jurisdiction.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Severability: If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Entire Agreement: These Terms of Use constitute the entire agreement between you and Best Business Local with respect to the subject matter herein and supersede all prior or contemporaneous communications, whether electronic, oral, or written.
Contact Us: Questions regarding these Terms of Use or our Programs may be directed to:
Email: admin@businesslistingplus.com
25. BRAND AGREEMENT
Legal Disclaimer
By logging into your Best Business Local account, you affirm that you possess the authority to represent the manufacturer’s products, pricing, and copyrighted material online in accordance with the terms outlined below. If you do not agree to these terms, or if you lack the legal authority to bind the brand in accordance with these terms, you must not log into the account.
1) PARTIES
This “Agreement” is between the individual or entity accessing this account (“I,” “me,” or the “Company”) and Best Business Local. Collectively referred to as “we” or the “Parties,” this Agreement governs the relationship between the parties. The Parties agree to conduct transactions and permit the creation of this Agreement electronically.
2) Content:
I hereby grant Best Business Local a license to use the images (including logos, product images, installation photos, etc.), product catalog, and related data, such as product pricing, that I provide or have displayed on my website (the “Content”) for use on Best Business Local and its Affiliated Sites. This includes websites, social media platforms, image hosting websites, and all other channels Best Business Local deems beneficial for exposure. I may suggest optimal ways to display my products and the Content, but Best Business Local retains sole discretion over the selection, presentation, and placement of the Content. I warrant that I have secured all necessary rights in the Content for Best Business Local to exercise the rights granted herein, that the Content is accurate, and represents my products faithfully.
Best Business Local provides a platform for users to manage their own listings. I am solely responsible for updating and maintaining the accuracy of the information in my listings. Best Business Local does not assume the responsibility to make updates to listings on behalf of users. It is crucial that I routinely review and promptly update my listings to ensure they accurately reflect the most current information about my products and services.
Failure to maintain accurate and updated listings may lead to decreased visibility, removal from search results on the platform, or removal from Best Business Local's platform without prior notice. Best Business Local and its Affiliated Sites are not responsible for any damages arising from the use of the Content or its interpretation.
3) Fees:
(a) Membership: The membership fee or Subscription fee is as stated on Best Business Local at the time of purchase. The fee is locked in as long as the membership remains active. All payments are billed upfront at the beginning of each 30-day or 365-day billing cycle and are automatically charged to the registered payment method unless canceled in advance.
4) Length of Contract: This Agreement remains in effect until terminated by either party in accordance with the termination provisions stated at section 16. Termination of Service, and below.
5) Billing: If a payment is due and the credit card on file in no longer valid or active, Best Business Local will attempt to contact me to update my payment information. Best Business Local will provide a fourteen (14) days grace period to update payment information before canceling my membership.
6) Termination and Refund Policy for Paid Membership and Subscription:
(a) Termination by the Company: I may request termination of this Agreement at any time by notifying Best Business Local in writing. Termination will become effective at the end of the current billing cycle. Access to services will continue until termination is effective.
(b) Termination by Best Business Local: Best Business Local may terminate this Agreement at its sole discretion. If Best Business Local
terminates the Agreement without cause and I have not violated any of its terms, I am entitled to a prorated refund for any unused portion of the current billing cycle.
(c) Refund Policy:
(i) General Policy
Refunds are subject to the terms and conditions set forth in this agreement. Refunds will not be issued for services already rendered or partially consumed prior to your cancellation request. By subscribing to any plan, you agree to abide by this refund policy in full.
(ii) Annual Subscriptions
Due to the unique nature of business listings on Best Business Local, once your listing is active for any portion of a calendar month, that entire month is deemed non-refundable—regardless of when you cancel during the month.
Refunds for the unused portion of an annual subscription will be calculated based on the remaining balance after deducting the monthly usage at the standard monthly rate of the selected plan. Any usage of seven (7) months or more under an annual plan will render the account ineligible for a refund.
Example:
If you purchase an Annual Gold Plan for $150 on January 1 and request cancellation on February 2, the months of January and February are considered active and will each be charged at the monthly rate of $20. You will receive a refund of $110 for the remaining unused portion.
(iii) Monthly Subscriptions
Monthly subscriptions are non-refundable. It is your responsibility to cancel your monthly subscription before the next billing cycle if you do not wish to be charged. Failure to cancel in time will result in continued charges, which are not subject to refund.
(iv) Conditions for Refund Eligibility
Refunds are contingent upon the absence of any breach of this Agreement, including but not limited to violations of the Terms of Use, content policies, or payment obligations. Any such violation may result in disqualification from refund eligibility.
To be eligible for a refund, you must:
- Send a written request to admin@businesslistingplus.com
- Submit the request at least fourteen (14) days prior to your intended cancellation date
- Include all required information outlined below in section (e)
Failure to meet these conditions may result in denial of your refund request.
(v) Required Refund Information
Your written request must include the following:
- Full Name
- Email Address associated with your Best Business Local account
- Business Name
- Listing URL
- Last Four Digits of the Credit Card used (for verification only)
- Reason for Refund Request (e.g., unauthorized charge, accidental subscription, dissatisfaction, etc.)
(vi) Processing Time
Approved refunds will be issued to the original payment method and processed within thirty (30) days of receiving the complete and verified request.
26. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Best Business Local, claims for enforcement, breach, or violation of duties or rights under this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. If this Agreement is with a Best Business Local affiliate, such claims shall be governed by the laws of the place of incorporation of that affiliate.
All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and torts, shall be governed by the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Best Business Local Web Pages are directed.
You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California, if the Agreement is with Best Business Local, or of the courts located in the place of incorporation of the affiliate, in all disputes arising out of or relating to this Agreement or the use of the Services. You further waive any objections to venue or jurisdiction in such courts.
To the fullest extent permitted by law, you waive the right to participate in any class action, class arbitration, or representative action against Best Business Local. You agree that any cause of action or claim you may have against Best Business Local must be brought individually and within one (1) year after the claim arises, or be forever barred.
At our sole discretion, Best Business Local may require that any dispute be submitted to binding arbitration administered by the American Arbitration Association under its applicable rules, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Use of the Services is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this Section.
27. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Best Business Local may assign, transfer, or delegate its rights and obligations under this Agreement in whole or in part at any time and without notice. You may not assign or delegate any rights or obligations under this Agreement without the prior written consent of Best Business Local. Any unauthorized assignment will be null and void.
The following sections shall survive termination or expiration of this Agreement for any reason: Disclaimers, Limitation of Liability, Indemnity, Choice of Law, Dispute Resolution, and this Section 27.
This Agreement constitutes the entire agreement between you and Best Business Local with respect to the Services and supersedes all prior or contemporaneous communications, whether oral, written, or electronic.
This Agreement is not intended to confer any rights or remedies upon any person other than the parties. Headings used herein are for reference only and shall have no legal effect.
Best Business Local shall not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, internet outages, cyberattacks, pandemics, acts of war, or government actions.
End Agreement.