Terms of Service
These terms and conditions (“Terms of Service”) govern your access to and use of BrandGrades.com’s (“BrandGrades.com”) products, software, services, and web site (collectively “Services”), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively “Content”). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, “you”, “your” or similar terms mean the person or legal entity utilizing or accessing the Services.
BrandGrades.com may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service which are currently available at: http://www.brandgrades.com/terms/
You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account. BrandGrades.com will not be held responsible for your use of the Services or for any such Content.
To access or use the Services, you must be able to form a binding contract with BrandGrades.com and you must not be prohibited from receiving the Services under any applicable laws.
BrandGrades.com may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
You acknowledge that the Services allow you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) (“Third Party Service Providers”). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and BrandGrades.com may (but has no obligation to) terminate your ability to access or use the Services at any time.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the account sign-up process.
You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. BrandGrades.com encourages you to use a “strong” password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. BrandGrades.com will not be responsible for any loss or damages resulting from your failure to comply with this obligation.
Each account login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for your account for as many people as you’d like.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
One person or legal entity may not maintain more than one free account.
Use and Restrictions
You may only use the Services to: (a) access Content on BrandGrades.com’s website; and (b) access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these Terms of Service and any terms specified by the Third Party Service Providers.
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) except through BrandGrades.com’s currently available interfaces.
You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable to you.
You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
You may not, without BrandGrades.com’s prior written permission (including the permissions granted by these Terms of Service): (a) copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law); (c) make derivative works of the Services; or (d) modify another website so as to falsely imply that it is associated with the Services, BrandGrades.com or any other BrandGrades.com products or services.
You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. BrandGrades.com does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services,
BrandGrades.com and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. BrandGrades.com may (but has no obligation to) remove Content and accounts containing Content that BrandGrades.com determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that BrandGrades.com determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party’s intellectual property).
BrandGrades.com does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any BrandGrades.com customer, employee, member, or officer. Engaging in any such behaviour may at BrandGrades.com’s sole discretion result in the immediate termination or your account.
You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or “spam” messages through the Services.
You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature (“Viruses”) through the Services.
If you are purchasing Services from BrandGrades.com, you must provide BrandGrades.com with a valid credit card.
If you sign up for an account with a free initial trial period, and you do not cancel that account within the first 30 days after it was initially created, you will automatically be billed monthly starting on the 30th day after your account was initially created. If you cancel your account prior to the beginning of the 30th day, you will not be charged.
Purchased Services are billed in advance on a monthly basis and are non-refundable. This means that there will be no refunds for partial months of service, or for months where the Services were unused.
All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
You must fill out your correct province/state and country so that BrandGrades.com can understand its obligations to applicable taxation authorities.
Modifications to the Services and Prices
BrandGrades.com may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service. BrandGrades.com may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.
BrandGrades.com shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.
Disclaimer and Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. BRANDGRADES.COM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. BRANDGRADES.COM MEDIA DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, BRANDGRADES.COM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BRANDGRADES.COM DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT BRANDGRADES.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.
Technical support is only provided to paying account holders and is only available via email. The section below entitled “BrandGrades.com SLA” describes BrandGrades.com’s objectives for response and resolution times and includes, where appropriate, your sole remedy for a failure to meet these objectives.
You understand that BrandGrades.com uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The failure of BrandGrades.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BrandGrades.com and governs your use of the Services, superseding any prior agreements between you and BrandGrades.com (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to BrandGrades.com’s ability to amend these Terms of Service, they cannot be changed.
If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall ensure to the benefit of and be binding upon you and BrandGrades.com and their respective successors (including any successor by reason of amalgamation) and assigns.
You agree that if you sue BrandGrades.com and do not obtain judgment in your favour, you will pay all of BrandGrades.com’s costs, including reasonable fees for in-house and outside legal counsel.
BrandGrades.com recognizes the importance of protecting the information collected from Users in the operation of this website, and take reasonable steps to maintain the security, integrity and privacy of any information in accordance with this Privacy and Data Protection Policy. By submitting your information to BrandGrades.com you consent to the practices described herein.
BrandGrades.com will seek to ensure that any identifiable personal information it collects during the registration and purchasing processes will be adequate, relevant and not excessive for purposes of operating this website or any of the services operated hereunder, it will be kept accurate and up-to-date based on information provided and it will be deleted when no longer needed. Except where necessary in connection with services provided by appropriate intermediaries, who will be required to comply with the confidentiality provisions of this policy, or as expressly provided herein, BrandGrades.com will not disclose any personal information identifying Users to any third party, unless required by law or otherwise needed in connection with legal proceedings or unless we have received your consent. Personal information and any other communications or information supplied to BrandGrades.com may be used by BrandGrades.com for internal business and research purposes and to help enhance and develop our websites.
If use of an electronic product, feature or service offered by BrandGrades.com on this website requires a User to provide a name and password or other personally identifiable information, the User will have the option to opt in or out of providing such information and using the product, feature or service.
BrandGrades.com may disclose to carefully chosen third parties navigational and transactional information in the form of anonymous, aggregate usage statistics (including “page views” on this website and the products herein) and demographics but only in forms that do not reveal a User’s identity or confidential information, except as required by law, as needed in connection with legal proceedings, or unless we have received your consent.
Links may be provided from this website to other third party websites. In using such links, Users should be aware that each third party website will vary in terms of its privacy and data protection policies, and BrandGrades.com does not take responsibility for the privacy policies of, and usage of, personal information collected by others including, without limitation, those of any partner or affiliate.
You should be aware that identifiable personal information–such as your name or e-mail address–that you voluntarily disclose that are accessible to other Users (e.g. on bulletin boards or in chat areas) could be collected and disclosed by others. BrandGrades.com cannot take any responsibility for such collection and disclosure.
Please note that BrandGrades.com’s Privacy and Data Protection Policy is reviewed periodically. BrandGrades.com reserves the right to modify its Privacy and Data Protection Policy at any time without notice. Any changes to the policy will be posted on this page. Your continued use of this website will be deemed conclusive acceptance of such modification. Any comments or questions concerning this policy should be addressed by entering your comments through our Contact Us page. If at any point you wish to access your personal information to (1) change your preferences, (2) review the accuracy, or (3) correct, supplement or modify your information, you may either select the Contact Us page as set forth above, or make in a written request to OUR CONTACT.