Terms of Use
Last Modified: May 30, 2017
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Best Pick Reports, LLC ("Company," "we," or "us"). The following terms and conditions, together with our Privacy Policy, govern your access to and use of bestpickreports.com, including any content, functionality, and services offered on or through the website.
Please read these Terms of Use carefully before you start to use the website. By using the website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the website.
This website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this website, you represent and warrant that you meet all of the foregoing eligibility requirements.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter.
Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.
You are responsible for:
- Making all arrangements necessary for you to have access to the website
- Ensuring that all persons who access the website through your internet connection are aware of these Terms of Use and comply with them
- Providing accurate, current, and complete registration information
- Treating your username, password, and any other security information as confidential
- Notifying us immediately of any unauthorized access to or use of your account
We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any reason, including if we believe you have violated any provision of these Terms of Use.
Intellectual Property Rights
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not:
- Modify copies of any materials from this site
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site
- Access or use for any commercial purposes any part of the website or any services or materials available through the website
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trademarks
The Company name, the terms "Best Pick Reports," "Best Pick," the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
Prohibited Uses
You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To exploit, harm, or attempt to exploit or harm minors in any way
- To send, receive, upload, download, or otherwise use any material that does not comply with these Terms of Use
- To transmit any advertising or promotional material, including any "junk mail," "chain letter," "spam," or similar solicitation
- To impersonate the Company, a Company employee, another user, or any other person or entity
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
Additionally, you agree not to:
- Use the website in any manner that could disable, overburden, damage, or impair the site
- Use any robot, spider, or other automatic device, process, or means to access the website for any purpose
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to gain unauthorized access to any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website
- Attack the website via a denial-of-service attack or a distributed denial-of-service attack
User Contributions
The website may contain interactive features that allow users to post, submit, publish, display, or transmit content or materials. All User Contributions must comply with the Content Standards set out in these Terms of Use.
By providing any User Contribution on the website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights to the User Contributions
- All of your User Contributions comply with these Terms of Use
- You understand and acknowledge that you are responsible for any User Contributions you submit
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the website.
Governing Law and Jurisdiction
All matters relating to the website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in the City of Atlanta. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Best Pick Reports, LLC regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
Your Comments and Concerns
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