Please read the Terms and Conditions document carefully before accessing
or using this service. The online service, located at www.BESToftheBESTintheUSA.com (the "Site"),
is owned and operated by Broadway Media (www.broadwaymedia.com) and
is made available under these terms of service ("Terms"). It
is agreed that all Users have read, understand the content and agree
to all of the terms and conditions in this Agreement. BESToftheBESTintheUSA.com may
modify this agreement at any time, and such modifications shall be effective
immediately upon posting of the modified agreement. It is further agreed
Users and vendors will review this agreement periodically to become aware
of such modifications and all continued use or access of the service
shall be deemed an acceptance of the modified agreement.
1. Accuracy of Information. It is understood and hereby agreed that
the responsibility for the accuracy of any and all data supplied to BESToftheBESTintheUSA.com,
including information submitted on any questionnaires or applications
is hereby only warranted as to such data's accuracy, completeness and
currency by each prospective applicant. Should applicants choose to include
performance data in their profile, they are solely responsible for compliance
with all applicable U.S. federal and state regulations and other laws
with regard to this presentation of such performance data. All applicants
specifically acknowledge and agree not to exaggerate or misrepresent
performance figures or any other information in their profile. Although Broadway Media through BESToftheBESTintheUSA.com may
perform quality control checks of a ministerial nature regarding all
data and may perform third party reference checks, it is also understood
and hereby agreed that BESToftheBESTintheUSA.com is
not responsible for the accuracy, completeness or currency of any data
applicants may provide, and has no obligation other than to do its best
to attempt to evaluate, verify, or correct any data submitted by applicants
in the qualification process. All qualified vendors further agree
that they will notify BESToftheBESTintheUSA.com (a)
of any change to any of the information that has been provided to Broadway Media,
(b) if any of the information becomes inaccurate, incomplete and/or is
no longer current and/or
(c) if any of the assertions, representations and/or warranties that have
been made pursuant to this section are no longer true, as soon as reasonably
practicable after the occurrence of any of the foregoing.
2. Verification of Information. If requested, applicants are also
required to submit to BESToftheBESTintheUSA.com the
most recently filed version, if any, of any U.S. federal or state license
or registration form which may be requested by a member of the public from
the applicable federal or state authority. Also including any updates thereto
which are made while listed on a BESToftheBESTintheUSA.com site.
To verify the accuracy of certain information in their application/profile,
all applicants consent to a third party reference check from Broadway
Media of any of the information provided. Applicants hereby further
consent to any other investigations, including without limitation any criminal
and/or regulatory checks that BESToftheBESTintheUSA.com chooses
to have performed. Applicants also hereby waive any and all rights to seek
redress in any manner, specifically, including but not limited to lawsuit,
from the reference check and/or other investigation.
3. Confirmation of Eligibility. Applicants hereby assert, represent,
and warrant that (a) they have not suffered any regulatory or criminal
sanctions over the five years preceding filing of an application with BESToftheBESTintheUSA.com;
(b) they possess the skills and experience requisite to providing the goods
and services they are purporting to be able to provide;
(c) they possess and will maintain all such professional licenses, degrees
or designations necessary to perform and continue to perform such services,
(d) they have established a successful track-record described in the application
required to qualify as a BESToftheBESTintheUSA.com service
vendor,
(e) they are currently a full time recognized professional in their industry,
(f) they are not aware of any reason why they would not be able to meet
their pre-requisites as a BESTintheBESTintheUSA.com vendor
described hereunder,
(g) they have permission from their company and/or its compliance department
to participate, if they require such permission,
(h) they have at least 3 years of full time experience working as a professional
and:
(i) all of the items in (a) through (g) are/will be true at all times during
which their profile is included on the Site. When submitting data and updating
their profile, they agree to notify BESToftheBESTintheUSA.com immediately
if their status should change at any time in the future. They further agree
that they will only enter into advisory or other relationships with Users
in those jurisdictions in which they are registered, licensed,qualified
and legally permitted to do so under the U.S. federal and state regulatory
and other laws.
4. Educational Purposes Only. The information on this Site or
in any publications used are intended for educational, informational, and
research purposes only. It is understood that, in making this information
available to individuals ("Users") through the Site or elsewhere, BESToftheBESTintheUSA.com is
not acting as an adviser or solicitor, broker/dealer agent or finder, and
it does not recommend, endorse, review the qualifications of, give advice
about, or in any way suggest that a User should consider, retain, not consider,
or not retain any service professional vendor. Broadway Media and BESToftheBESTintheUSA.com are
not responsible or liable for any decision by a User to hire, or not to
hire, use or not to use any vendor, or for the nature or quality of any
services they or any other vendor may provide, if hired. The decision of
a User to conduct a search for a vendor on the Site or elsewhere, the manner
in which it is conducted, and the criteria used in deciding are the sole
and exclusive responsibility of the User. BESToftheBESTintheUSA does
not offer advice regarding the quality or suitability of any vendor and BESToftheBESTintheUSA.com shall
not be liable for any loss or damage of any sort incurred as a result of
any decisions or advice, treatment, or services rendered by any vendor.
5. Listing Limitations. All qualified and approved applicants
shall remain listed for a period of no less than six (6) months. A limit
of twelve (12) vendors shall be listed on any page. A maximum of four (4)
pages in any category. Vendors shall be listed by industry category and
geographic location (www.BESToftheBESTintheUSA.com).
Listings are presented in random order. Broadway Media provides
objective research and verifies specific criteria on professional service
vendors.
6. Ownership. Broadway Media shall retain all
ownership in and to the Site and all ideas, suggestions, information, know-how,
material, or any other content (collectively, "Content") received
through the Site. All such Content will be deemed to include a royalty-free,
perpetual, irrevocable, nonexclusive right and license for BESToftheBESTintheUSA.com to
adopt, publish, reproduce, disseminate, transmit, distribute, redistribute,
copy, use, modify, adapt, edit (for length or clarity), translate, create
derivative works, perform and display, (in whole or part) worldwide, or
act on such Content (in whole or part) and/or to incorporate it in other
works, without additional approval or consideration, in any form, media,
or technology now known or later developed for the full term of any rights
that may exist in such Content, and all participants hereby waive any claim
to the contrary. By submitting Content to BESToftheBESTintheUSA.com the
submitter confirms that they are the author and owner of the Content
and that they have the right to contribute it.
7. Profile Information. It hereby acknowledged and agreed that
the profile and other information provided will be made available to Users
who use the Site and applicable publications. It is further agreed that BESToftheBESTintheUSA.com,
in its sole discretion, possesses the right but is not obligated to make
edits to the profiles without permission including, but not limited
to, spelling, grammar, typographical errors, punctuation and deletion of
uploaded and text files. It is also acknowledged that BESToftheBESTintheUSA.com has
no control over how the information in the vendors profile is used by a
third party.
8. Use of the Internet. Use of the Internet is solely at the Users
own risk and is subject to all applicable local, state, national, and international
laws and regulations. Please be advised that the confidentiality of any
communication or material transmitted to/from this Site over the Internet
cannot be guaranteed. Accordingly, BESToftheBESTintheUSA.com and
its affiliates are not responsible for the security of any information
transmitted via the Internet, the accuracy of the information contained
on the Site, or the consequences of any reliance on such information. Users
assume sole and complete risk for using this Site and must make their own
determination as to these matters. For more private communication with BESToftheBESTintheUSA.com,
please contact us at (888)427-6239 or at 9070 Kimberly Blvd, Suite 101,
Boca Raton, Fl 33434. More information on our privacy policy can be found
on our Site. In addition, BESToftheBESTintheUSA.com recommends
128-bit SSL encryption to maintain the highest encryption standards.
9. Use of Site. All Users agree:
(a) to obey all applicable local, state, national, and international laws
and regulations in the use of the Site;
(b) to be solely obligated for the contents of any transmissions through
the Site; and (c) to abide by all requirements, procedures, policies and
regulations posted on the Site by BESToftheBESTintheUSA.com from
time to time and on any networks connected to the Site;
(d) not to broadcast through the Site any unlawful, harassing, defamatory,
libelous, bigoted, hateful, racially offensive, privacy invading, abusive,
threatening, harmful, vulgar, or otherwise objectionable material of any
kind;
(e) not to broadcast anything that encourages criminal conduct or violations
of any laws or regulations;
(f) not to mine the Site's data for any purpose whatsoever;
(g) not to broadcast any material that solicits or encourages others
to become affiliated with or to do business with competitors of Broadway
Media.
(h) to respond to requests from Users in a timely manner and to report
the outcome to BESToftheBESTintheUSA.com if
requested; and
(i) to treat information about Users as confidential and to not disclose
User requests or information to others.
10. No Solicitation. The information and materials found on
this Site are not an offer to sell or a solicitation of an offer to buy
any product or service, nor shall any such product, or service be offered
or sold to any person, in any jurisdiction in which such offer, solicitation,
purchase, or sale would be unlawful under any laws of such jurisdiction.
All vendor information and materials on this Site, as well as reference
materials or links to other sites, are for general educational, informational,
and research purposes only, and are not intended to be relied upon for
transactional or other purposes. Past performance of any vendor is not
an indication of future performance.
11. Advertisements. BESToftheBESTintheUSA.com may
post the advertisements of third parties on this Site or in email communications.
The acceptance by BESToftheBESTintheUSA.com of
advertising is not intended as and does not in any manner constitute
a recommendation, endorsement, or approval by BESToftheBESTintheUSA.com.
BESToftheBESTintheUSA.com shall not be liable for any loss
or damage of any sort incurred as a result of any dealings with any advertiser
or vendor or as the result of the presence of such advertisers or vendors
on the Site or as a result of any dealings between you and any User.
12. Events Beyond BESToftheBESTintheUSA.com's Control.
You expressly absolve and release Broadway Media and BESToftheBESTintheUSA.com from
any claim of harm resulting from a cause beyond their control, including,
but not limited to, misprints and typographical errors, failure of electronic
or mechanical equipment or communication lines, telephone or other interconnect
problems, computer viruses, unauthorized access, theft, operator errors,
severe weather, earthquakes, or natural disasters, strikes or other labor
problems, wars, or governmental restrictions.
13. DISCLAIMERS WITH RESPECT TO INFORMATION, PRODUCTS AND SERVICES. BESTOFTHEBESTINTHEUSA.COM MAY
MAKE AVAILABLE TO YOU ON THE SITE OR OTHERWISE CERTAIN INFORMATION, PRODUCTS
AND SERVICES. WHILE BESTOFTHEBESTINTHEUSA.COM ENDEAVORS
TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION,
PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. MOREOVER, BESTOFTHEBESTINTHEUSA.COM MAY
MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION,
PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. BESTOFTHEBESTINTHEUSA.COM EXPRESSLY
DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY USER AND ANY VENDOR WHOM
YOU OR ANY OTHER PROFESSIONAL ARE POTENTIALLY MATCHED AND THE MANNER/PROCESS
USED TO SO POTENTIALLY MATCH VENDORS WITH YOU OR ANY OTHER PROFESSIONAL.
USERS ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION,
PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE OR INFORMATION OTHERWISE
PROVIDED TO YOU BY BESTOFTHEBESTINTHEUSA.COM OR
OBTAINED AS A RESULT OF YOUR USE OR OTHER INVOLVEMENT WITH THE SITE (THE "AVAILABLE
INFORMATION"). BESTOFTHEBESTINTHEUSA.COM MAKES
NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY,
LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED
OR CONTAINED ON THIS SITE OR THE OTHER AVAILABLE INFORMATION FOR ANY
PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL BESTOFTHEBESTINTHEUSA.COM BE
LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY
TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED
THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS
SITE OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, EVEN IF BESTOFTHEBESTINTHEUSA.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING,
AND WITHOUT LIMITING THE FOREGOING, TOTAL LIABILITY FOR BESTOFTHEBESTINTHEUSA.COM FOR
ANY REASON WHATSOEVER UNDER THIS AGREEMENT AND/OR RELATED TO USE OF THE
SITE SHALL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID TO BESTOFTHEBESTINTHEUSA.COM UNDER ANY
AGREEMENT DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH THE
APPLICABLE CLAIM AROSE, AND FOR ANY PARTICULAR DISPUTE SHALL NOT, IN
ANY EVENT, EXCEED THE TOTAL AMOUNT PAID TO BESTOFTHEBESTINTHEUSA.COM IN
CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
14. Indemnification. You agree to defend, indemnify, and hold
harmless BESToftheBESTintheUSA.com and its
affiliates, all of their employees, agents, directors, officers, proprietors,
partners, representatives, shareholders, servants, attorneys, predecessors,
successors, and assigns, and the Users from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs, and expenses
(including reasonable attorneys' fees and litigation expenses), relating
to or arising out of or in connection with any claim, suit, action, or
other proceeding brought against BESToftheBESTintheUSA.com or
such party, to the extent that such claim, suit, action or other proceeding
is based on or arises from:
(a) your provision of services to any third party, regardless of whether
or not they are Users using the Site;
(b) any breach of any representation, warranty, covenant or agreement
to be performed by you hereunder; and
(c) any information that you have presented to the Site and/or any content
on your Web Sites or otherwise given to Users; provided that BESToftheBESTintheUSA.com or
such party provides you with written notice of such claim, suit or action
and reasonable information and assistance related to defending and/or
settling any such claim, suit, action or other proceeding. The provisions
of this Section 14 shall survive the termination of this Agreement or
your termination or suspension from the Site.
15. Governing Law. This Agreement has been made in and will
be construed and enforced in accordance with the laws of the State of
Florida, as applied to agreements entered into and completely performed
in Florida. Any action to enforce this Agreement will be brought in the
federal or state courts presiding in Florida, and all parties to this
Agreement expressly agree to be subject to the jurisdiction of such courts.
This Site is controlled and operated by Broadway Media from
its offices within the United States. BESToftheBESTintheUSA.com makes
no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where
any of the contents of this Site are illegal is prohibited. Those who
choose to access this Site from other locations do so on their own volition
and are responsible for compliance with applicable local laws.
16. Term and Termination. This Agreement becomes effective upon
any qualified applicants approval and listing. BESToftheBESTintheUSA.com may
terminate this Agreement at any time immediately upon written notice
and, notwithstanding any other provision to the contrary, has the right
to delete your profile from the Site and/or otherwise suspend service
to you for any reason at any time without warning and without explanation.
Furthermore, BESToftheBESTintheUSA.com may
terminate this Agreement immediately for any breach by you of this
Agreement or any policy of BESToftheBESTintheUSA.com,
as such breach is determined in the sole discretion of BESToftheBESTintheUSA.com.
17. Modification. BESToftheBESTintheUSA.com may
modify or change this Agreement or any of its policies posted on the
Site from time to time; provided however that BESToftheBESTintheUSA.com will
provide vendors with at least 7 days notice of the change of any material
term of this Agreement, which notice may be provided by email. By entering
into this Agreement, vendors agree to be bound by such changes to the
Agreement or the policies. BESToftheBESTintheUSA.com reserves
the right to modify or discontinue, temporarily or permanently, the Site
with or without notice. It is agreed that BESToftheBESTintheUSA.com shall
not be liable to vendors, Users or any third party for any modification
or discontinuance of the Site or the deletion of any profile by BESToftheBESTintheUSA.com at
any time or for any reason.
18. Waiver. Failure to insist on strict performance of this
Agreement will not operate as a waiver of any subsequent default or failure
of performance. No waiver by BESToftheBESTintheUSA.com of
any right under this Agreement will be deemed to be either a waiver of
any other right or provision or a waiver of that same right or provision
at any other time.
19. No Assignment. It is agreed not to assign this Agreement
or assign any rights or delegate any obligations hereunder, in whole
or in part, whether voluntarily or by operation of law, without the prior,
written consent of BESToftheBESTintheUSA.com. Any
purported transfer, assignment or delegation without the appropriate
prior written approval will be null and void and of no force or effect.
20. Admissibility. A printed version of this Agreement and of
any related notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
21. Severability. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and the liability limitations
set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most clearly
matches the intent of the original provision and the remainder of this
Agreement shall continue in effect.
22. No Relationship With BESToftheBESTintheUSA.com. No
joint venture, partnership, employment, or agency relationship exists
between Users, vendors and BESToftheBESTintheUSA.com as
a result of this Agreement or utilization of this Site. No party
shall have, or hold itself out to any third party as having, any authority
to make any statements, representations or commitments of any kind, or
to take any action, that shall be binding on the other, except as provided
for herein or authorized in writing by the party to be bound. Notwithstanding
the foregoing, BESToftheBESTintheUSA.com may
mention your company's participation in the service in press releases
or other marketing materials, unless you specifically instruct otherwise
in writing.
23. Successors and Assigns. This Agreement will be binding on
and will inure to the benefit of the legal representatives, successors
and permitted assigns of the parties hereto.
24. Survival. The obligations of the parties under this Agreement which
by their nature would continue beyond the termination, cancellation or
expiration hereof, will survive the termination, cancellation or expiration
of this Agreement for any reason.
25. Entire Agreement. This Agreement represents the entire agreement
between Users, vendors and BESToftheBESTintheUSA.com with
respect to the use of and participation in the Site and elsewhere, and
it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written between any party and BESToftheBESTintheUSA.com with
respect to usage and participation in the Site. |
