These Terms of Use ("Terms") govern your use of our website (www.gobigreviews.com) ("Website") and any services provided by Go Big Reviews, Inc. ("GBR"). By accessing or using the Website, enrolling in or purchasing services through this Website, or continuing to accept services after reviewing the Terms, you agree to these Terms and form a legally binding contract with GBR ("Agreement"). This Agreement defines the relationship between GBR and you ("you", "your", "client"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority, or if you do not agree with these terms, you must not accept this Agreement and may not use the Website or its services..
GBR provides online reputation management services ("Services"). The Services include but are not limited to monitoring, managing, and improving online reviews for businesses. We may, at our discretion, periodically change the description or content of our Services to reflect changes to the offerings and features, including regulatory requirements or any other modifications intended to improve the efficacy of the Services or better address customer needs.
By using this Website or any of the services offered, you represent and warrant that (1) all registration information you submit is truthful and accurate; (2) you will maintain the accuracy of such information; and (3) you are 13 years of age or older. Children under the age of 13 are prohibited from creating accounts or purchasing or enrolling in any Services. Your information and profile may be deleted, and any Services may be terminated without warning if we believe you are under 13 years of age.
To access our Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
Certain features or services offered on or through the Service may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. GBR will not be liable for any loss or damage arising from your failure to comply with these obligations.
Our privacy policy ("Privacy Policy") applies to the use of this Website and the Services, and its terms are made a part of these Terms by this reference. Additionally, by using the Services or the Website, you acknowledge and agree that Internet transmissions are never completely private or secure.
You are solely responsible for the content you post, upload, or otherwise make available through our Service. You grant GBR a non-exclusive, royalty-free, worldwide, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service.
All information and content available on this Website ("Content") is protected by copyright and other intellectual property laws. The Content and Website are owned by GBR. The Content is intended for personal and non-commercial use only. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Your use of the Website and all Content is on an "as is" basis, at your own risk, and we do not make and expressly disclaim any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Website or the Content. The following activities are prohibited: (1) Using any robot, spider, or other automatic device, or a manual process, to monitor or copy web pages or the Content contained on the Website or for any other unauthorized purpose without our prior express written permission; (2) Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; (3) Decompiling, reverse engineering, disassembling, or otherwise attempting to obtain the source code for our software; and (4) Taking any action that imposes an unreasonable or disproportionately large load on GBR’s hardware and software infrastructure ("Prohibited Activities");
All content and materials included on the Website or in the Service, including but not limited to text, graphics, logos, images, and software, are the property of GBR or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use any content or materials from our Website or Service without our express written permission.
GBR respects the intellectual property of others and asks that users of our Website and
Services do the same. We have adopted and implemented a policy respecting copyright
law that provides for the removal of any infringing materials and for the termination, in
appropriate circumstances, of users of our Website and Services who are repeat
infringers of intellectual property rights, including copyrights. If you believe that one of
our users is unlawfully infringing copyright(s) in a work through the use of our Website
and Services, please provide our legal counsel with the following information in the form
of a written notification (pursuant to 17 U.S.C. § 512(c)): (1) Your physical or electronic
signature; (2) Identification of the copyrighted work(s) that you claim to have been
infringed (3) Identification of the material on our services that you claim is infringing and
that you request us to remove; (4) Sufficient information to permit us to locate such
material (5) Your address, telephone number, and e-mail address (6) A statement that
you have a good faith belief that use of the objectionable material is not authorized by
the copyright owner, its agent, or under the law (7) A statement that the information in
the notification is accurate, and under penalty of perjury, that you are either the owner of
the copyright that has allegedly been infringed or that you are authorized to act on
behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact
(falsities) in a written notification automatically subjects the complaining party to liability
for any damages, costs, and attorney’s fees incurred by us in connection with the
written notification and allegation of copyright infringement.
Our legal counsel is Williford Law, 15720 Brixham Hill Avenue, Suite 300, Charlotte, NC 28277. Telephone: 704-565-0016. Email: Jackson@Jawillifordlaw.com.
We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Encryption.We use encryption protocols and software to protect the confidentiality of data transmitted between your system and ours.
Access Controls.We implement access control measures to ensure that only authorized personnel can access your information.
Regular Monitoring.We regularly monitor our systems for possible vulnerabilities and
attacks.
You also have a role in protecting your information. You should not share your account
information, including your password, with anyone. If you believe your account has been
compromised, please contact us immediately.
We may terminate or suspend your access to our Service at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
Neither we nor our third-party suppliers will be liable to you or any third-party claimant for any indirect, special, punitive, consequential (including, without limitation, lost profits, lost data, or loss of goodwill), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if we or our third-party suppliers have been advised of the possibility of such liability. Our maximum liability arising out of or in any way connected to this Agreement shall not exceed the greater of (1) the fees you have paid to us pursuant to the order that is the subject of the claim during the 12 months immediately preceding the claim, or (2) $200. The existence of one or more claims will not increase our liability. In no event shall our suppliers have any liability arising out of or in any way connected to this Agreement.
You agree to indemnify, hold harmless, and defend us, our officers, directors, employees, agents, and third-party suppliers or affiliates, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against us or any of our officers, directors, employees, agents, third-party suppliers, or affiliates, and pay all related liabilities, damages, settlements, penalties, fines, costs, or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by us or any of our officers, directors, employees, agents, third-party suppliers, or affiliates, arising out of or relating to: (1) your breach of any term or condition of this Agreement; (2) your fraudulent or malicious use of the Services; (3) your violation of applicable laws, rules, or regulations in connection with the Services; or (4) our use of any content or information, including client materials or reviewer information, you provide to us. In such a case, we will provide you with written or electronic notice of such claim, suit, or action. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
GBR provides links to third-party websites and information for your convenience and
does not endorse or assume responsibility for the content, accuracy, or reliability of any
materials provided by these third-party sites. GBR does not warrant the accuracy,
completeness, or usefulness of any information on these sites and shall not be liable for
any loss or damage incurred from the use or reliance on such third-party information.
Users access third-party websites at their own risk, and GBR expressly disclaims any
liability arising from the use of these third-party sites. This includes, without limitation,
any liability for direct, indirect, incidental, consequential, or punitive damages, losses, or
expenses arising from the use of or inability to use third-party websites, even if GBR
has been advised of the possibility of such damages. By using GBR’s services and
accessing third-party links, users acknowledge and agree to this limitation of liability
provision.
This Agreement will be governed and construed under the laws of the State of North Carolina, without regard to its conflict of law principles. Any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with this Agreement or the transactions contemplated hereby, shall be brought in any state court sitting in Mecklenburg County, North Carolina, or the United States District Court for the Western District of North Carolina. Each party consents to the jurisdiction of such courts and irrevocably waives any objection to the laying of the venue of any such suit, action, or proceeding in any such court or that any such suit, action, or proceeding has been brought in an inconvenient forum.
Arbitration Option.GBR, at its exclusive option, may elect to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, including the determination of the scope or applicability of this arbitration provision, by binding arbitration rather than litigation. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), or another mutually agreed- upon arbitration organization, in the English language. The arbitration shall take place in Mecklenburg County, North Carolina, and the award rendered by the arbitrators shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
Initiation of Arbitration.If GBR elects to pursue arbitration, it will provide written notice to the other party. Such notice will include a description of the dispute, the amount involved, and the desired resolution. The other party shall have 30 days from the receipt of this notice to respond.
Costs and Fees.GBR will bear all administrative costs and fees of the arbitration, including the arbitrator’s fees, unless the arbitrator determines that the other party’s claim is frivolous, in which case the other party may be responsible for such costs and fees. Each party shall bear its own attorney’s fees, costs, and expenses, except as otherwise provided by law.
Confidentiality.The arbitration proceedings and any information related thereto shall be kept confidential by the parties and the arbitrator, except as necessary to prepare for or conduct the arbitration hearing, or to enforce the award, and except as required by law or judicial decision.
Waiver of Jury Trial.By agreeing to arbitration, both parties waive their rights to a jury trial or to have the dispute decided in court.
Exception to Arbitration.Notwithstanding the foregoing, GBR may choose to pursue litigation in court for any action related to the collection of amounts due and owing by the other party.
Severability.If any part of this arbitration provision is found to be invalid or
unenforceable, the other parts shall remain valid and enforceable.
By agreeing to these Terms and Conditions, both parties acknowledge that they have
read and understood this arbitration provision and agree to be bound by its terms.
We may amend, modify, or terminate any terms of this Agreement at any time, and such amendment, modification, or termination will be effective at the time we post the revised terms on the Website. You can determine when this Agreement was last revised by referring to the "last updated" . Your continued use of the Website or Services after we have posted revised terms signifies your acceptance of such revised terms. No amendment to or modification of this Agreement will be binding unless in writing and signed by our duly authorized representative or posted to the Website by our duly authorized representative.
You agree that we may use our Website, mobile apps, text messages, and email to provide you with important notices. You agree that we may provide notices to you in the following ways: (1) A banner notice on the Service; (2) An email sent to an address you provided; (3) A text to you at the mobile number you provided; and (4) Through other means including telephone or mail. You agree to keep your contact information up to date.
Compliance with Laws. By using the services provided by GBR, users agree to comply
with all applicable local, state, federal, and international laws, regulations, and
ordinances. This includes, but is not limited to, laws regarding privacy, data protection,
intellectual property, consumer protection, and anti-spam laws. Users specifically agree
to comply with: CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography
And Marketing Act); CASL (Canada's Anti-Spam Legislation); GDPR (General Data
Protection Regulation); and CCPA (California Consumer Privacy Act)
Users are prohibited from using GBR’s services to send unsolicited email or
communications that violate any applicable anti-spam laws. Users agree not to use
GBR’s services for any unlawful purpose or in any manner that could damage, disable,
overburden, or impair any GBR server, or the networks connected to any GBR server.
Failure to comply with these laws may result in the suspension or termination of user
accounts and services, and may expose users to civil and criminal penalties. GBR
reserves the right to report any activity that it suspects violates any law or regulation to
the appropriate law enforcement authorities.
By agreeing to these Terms and Conditions, users acknowledge and agree to adhere to
all applicable laws and regulations, including but not limited to, CAN-SPAM, CASL,
GDPR, CCPA, and any other relevant laws in the user's jurisdiction.
Go Big Review, Incorporated
PO Box 77925
Charlotte, NC 28271
Email: support@gobigreviews.com
Phone: 803-504-2303
These Terms and our Privacy Policy constitute the entire agreement between you and GBR regarding the use of the Website and the Service.
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without GBR's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect GBR may assign or transfer these Terms at its sole discretion without restriction.