TERMS AND CONDITIONS
WE WILL CANCEL YOUR SERVICE ON YOUR BEHALF AT ANY TIME YOU WISH, NO QUESTIONS ASKED AND NO REASON NEEDED. SIMPLY ASK TO CANCEL SERVICE AND WE WILL OBLIGE THE SAME DAY. NO FURTHER SERVICE WILL BE CHARGED OR BILLED AFTER YOU CANCEL. ASK AND YOU SHALL RECEIVE. EASY CANCEL 😊
WE FIRMLY BELIEVE IN OUR PRODUCT AND WE BELIEVE YOU WILL TOO.
Advertising and Services; Ad Materials; Fulfillment. With respect to the Advertising and any related services to be performed by Publisher, which may include the placement of Advertising (collectively, the “Services”), Advertiser is responsible for providing for all artwork, copy, and all other information and materials, including the advertising or promotional message(s) that Advertiser desires to have placed, that are made available to Publisher by or on behalf of Advertiser or that Advertiser authorizes Publisher to utilize (including Advertiser Generated Content, as defined below, and Targeting Information, as defined in the Product Terms, collectively, the “Ad Materials”). Publisher reserves the right, on behalf of itself and any of its third-party service providers or publishing network partners (each a “Supplier”), not to place, publish, and/or distribute any Advertising or Ad Materials for any or no reason, including not meeting Publisher’s or Suppliers’ specifications or standards, and Advertiser acknowledges and agrees that neither Publisher nor Suppliers shall be liable for not placing, publishing or distributing any Advertising. At their sole election, Publisher and/or Suppliers may, but are not required to, alter the Advertising or Ad Materials in order to meet publication specifications with or without notice or obligation to Advertiser. Publisher may take all actions reasonably necessary for the fulfillment of an Order (“Fulfillment”), including but not limited to provisioning, displaying, publishing, distributing, or otherwise placing Advertising into the stream of public commerce or making Advertising or a Service accessible to/by an end user. Publisher reserves the right to begin Fulfillment, without notice to Advertiser, when Publisher determines Advertising is ready for Fulfillment, using a template, placeholder or other substitute chosen by Publisher, if Publisher determines in its sole discretion that, following an executed Order, Fulfillment of Advertising will be delayed due to Advertiser’s action, inaction or omission. Advertiser waives any right to inspect, review or approve the finished Advertising. UNLESS OTHERWISE AGREED TO IN WRITING, PUBLISHER MAKES NO WARRANTY REGARDING THE APPLICABILITY OF ANY REQUIREMENTS, STANDARDS AND/OR PRACTICES OF A LEGAL, REGULATORY, SELF-REGULATORY, AND/OR ETHICAL NATURE (COLLECTIVELY “REGULATIONS”) TO ANY ADVERTISING OR WITH RESPECT TO ANY COMPLIANCE THEREWITH. EACH ADVERTISER IS SOLELY RESPONSIBLE FOR ENSURING ITS OWN COMPLIANCE WITH REGULATIONS APPLICABLE TO IT AND/OR ITS ADVERTISING.
Electronic Commerce Terms
You, whether personally or on behalf of the entity for whom you are acting as an authorized signatory (collectively, “you” or “your”), are purchasing certain of BestCityAgent.com’s products or services (each, a “Product” or “Service”). Such purchase is subject to the applicable terms provided and identified below (“Terms”).
BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.
1.Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these
2.Electronic Transactions. You agree that all business pursuant to these terms may, in the sole discretion of BestCityAgent.com, be conducted electronically. We will charge your credit or debit card for amounts you incur in purchasing Products or Services. These charges may be conducted as automated clearing house transfers or by such other means as we in our sole discretion determine to be appropriate or advisable. You agree that you will be bound by the NACHA Operating Rules as such rules are amended from time to time. Without limiting the foregoing, you make all representations and warranties of a receiver under the NACHA rules whenever you initiate or authorize an ACH debit to your bank account. The NACHA Operating Rules are available at https://www.nacha.org/achrules.
Term. Only Publisher’s performance of Services under an Order will constitute Publisher’s acceptance of the Order. The term of this Agreement commences upon Publisher’s acceptance of the first Order hereunder and will continue for an initial period as set forth in the Order (and if not set forth therein or otherwise provided in the Product Terms, then for 48 months). The term of this Agreement will automatically renew, unless terminated as set forth in this Agreement, for a like term under the then-current Terms & Conditions. If no deadline for cancelling the renewal of an Order is set forth therein, Advertiser will be responsible for obtaining the deadline for cancelling the renewal of such Order by calling Publisher’s Customer Service office at the number specified in the Order or at 909-313-5949.
TERMS & CONDITIONS
BESTCITYAGENT.COM BEST CITY AGENT LLC 2017
The "BESTCITYAGENT.COM" Web Site (the "Site"), and Program (the "Program") is an online information directory service provided by BestCityAgent.com ("BestCityAgent.com"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE, OR PROGRAM. BY ACCESSING OR USING THE SITE OR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR PROGRAM. BESTCITYAGENT.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE, BOOK OR PROGRAM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site and Program are protected by copyright and trademark laws. The owner of the copyrights and trademarks are BestCityAgent.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site or Program solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You also grant to BestCityAgent.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against BestCityAgent.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to BestCityAgent.com.
Publications, products, content or services referenced herein or on the Site or Program are the exclusive trademarks or servicemarks of BestCityAgent.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by BestCityAgent.com, BestCityAgent.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for BestCityAgent.com - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with BestCityAgent.com You also understand that BestCityAgent.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, PROGRAM AND THE INTERNET. BestCityAgent.com PROVIDES THE SITE, PROGRAM AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND BestCityAgent.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. BestCityAgent.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. BestCityAgent.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL BestCityAgent.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF BestCityAgent.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BestCityAgent.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BestCityAgent.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- BestCityAgent.com web site, please understand that it is independent from BestCityAgent.com, and that BestCityAgent.com has no control over the content on that web site. In addition, a link to a BestCityAgent.com web site does not mean that BestCityAgent.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless BestCityAgent.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of BestCityAgent.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
BestCityAgent.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service expressly disclaim any responsibility for any adverse effects occurring as a result of use of the suggestions or information provided on this Site or Program. BestCityAgent.com does not and cannot claim this to be, in any way, shape, or form, a substitute for any surgical, drug, or other body-related treatments for your individual case. This Site BestCityAgent.com and Program is offered as current information available about the subject for your own education and use.
Best efforts have been used to prepare the material presented on this Site and Program. BestCityAgent.com and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service however, do not warrant the results for the effectiveness of this information contained on this Site and Program. Results vary due to individual efforts and factors. BestCityAgent.com may not be held liable, in any circumstance, for damages or loss, including but not limited to special or incidental cases.
By reading the information contained on this Site and Program you agree that you understand that the content provided is for educational and entertainment purposes only. By reading the information found on this Site and Program you agree that you will check, or do already understand, and will abide by all state, federal and local laws, rules, statutes, regulations and community standards in the use of this material. If necessary, you will seek proper legal or professional advice beforehand.
A 30 day refund can be given upon request once services are discontinued. No more than 30 days will be refunded. Customer agrees to only a 30 day refund once service has been initiated.
This Agreement shall all be governed and construed in accordance with the laws of the United States of America applicable to agreements made and to be performed in the USA. You agree that any legal action or proceeding between BestCityAgent.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BestCityAgent.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. BestCityAgent.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
10. CANCELLATION POLICY
WE WILL CANCEL YOUR SERVICE ON YOUR BEHALF AT ANY TIME, NO QUESTIONS ASKED. SIMPLY ASK TO CANCEL SERVICE AND WE WILL OBLIGE THE SAME DAY. NO FURTHER SERVICE WILL BE CHARGED OR BILLED AFTER YOU CANCEL. ASK AND YOU SHALL RECEIVE. EASY CANCEL 😊