TERMS OF SERVICE
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ADP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ADP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ADP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ADP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PRIME BUYER’S REPORT CERTIFIED
The Prime Buyer’s Report™ symbol is not a promise of a company’s future performance or your actual satisfaction with that company. Since we rely on multiple sources of information and each company’s performance can change over time, we cannot guarantee the accuracy of the information provided herewith. The content and materials provided are provided “As Is” and without warranties of any kind either expressed or implied. Under no circumstances, including, but not limited to negligence shall we be liable to you or any other entity for any direct, indirect, incidental, special or consequential damages.
- “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit, post, or transmit to, or using, the Site, such as the business reviews, ratings, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Site. Your Content does not include the information that you submit in order to create an account on the Site. “User Content” means Content that users submit, post, or transmit to, or using, the Site. “ADP Content” means Content that is created by ADP and made available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than ADP or the users, such as data providers that license data to ADP for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and ADP Content.
- A “user” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we”, “us”, and “Prime Buyer’s Report®”, “American Discovery Publishing®” refer to American Discovery Publishing LLC, a limited liability California corporation.
When you visit primebuyersreport.org, primebuyersreport.com or myprimebuyersguide.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio files, video files, photos, digital downloads, data compilations, and software, is the property of ADP or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ADP and protected by U.S. and international copyright laws. All software used on this site is the property of ADP or its software suppliers and protected by United States and international copyright laws.
THE PRIME BUYER’S REPORT®, PRIME DASHBOARD™, PRIME BUYER’S REPORT™ TOP 10, PRIMEBUYERSREPORT.ORG, PRIMEBUYERSREPORT.COM, MYPRIMEBUYERSGUIDE.COM, and other PBR graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ADP in the U.S. and/or other countries. Except for Prime Buyer’s Certified™ ADP’s trademarks and trade dress may not be used in connection with any product or service that is not ADP’s, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits ADP. All other trademarks not owned by ADP that appear on this site are the property of their respective owner ADP. A qualification process must be passed by companies using the certification mark, Prime Buyer’s Certified™.
You may use the Site only if you are at least 18 years old and a resident of the United States. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).
CHANGES TO THE TERMS OF SERVICE
The Terms of Service may be modified by ADP at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon ADP’s posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
To use some of the features on the Site, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of any account passwords that may be required. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
- A “Personal Account” is an account for your personal, non-commercial use only, and may be used to submit, post, and transmit reviews, video, messages, commentary, photographs, and other types of User Content. In creating a Personal Account, you may not impersonate someone else, provide an email address other than your own, or create multiple Personal Accounts.
- A “Business Account” is an account for use on the Site as a representative of a business that is listed on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
APPROPRIATE USE OF THE SITE
- Subject to the restrictions in these Terms of Service, ADP grants you permission to use the Site, including the ability to: (1) search for local business and services, (2) read, write, record, upload, and share reviews about local businesses, (3) announce local events, (4) post messages on talk boards, (5) send messages to other Users, and (6) invite people you know to register with PBR.
- You will be exposed to User Content and Third Party Content on the Site. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. ADP does not endorse User Content or Third Party Content, and cannot vouch for its accuracy.
PROHIBITIONS ON USE OF THE SITE
Your use of the site means you understand you are prohibited from doing any of the following:
- frame, or in-line link, any of the content of this website, or incorporate into without express written permission;
- use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
- use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, employment inquiries, sales attempts, or other mass messaging, whether commercial in nature or not. Furthermore, you agree to pay to ADP a penalty of $25 per inappropriate email of employment inquries, sales attempts and the other prohibited uses specified in the preceeding sentence of this clause;
- use the Site for promotional or commercial purposes, except as expressly permitted by ADP;
- use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting phony reviews;
- use the Site for keyword spamming or to otherwise attempt to manipulate search results;
- use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use the Site to transmit or post pornography or illegal content;
- use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
- use the Site in violation of the Terms of Service or any applicable law;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by ADP;
- reverse engineer any portion of the Site, except as may be permitted under the law;
- remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
- record, process, or mine information about other users;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to scrape any Site Content; aside from legitimate search engine indexing purposes
- access, retrieve or index the Site to construct or populate a searchable database of business reviews or business contact information;
- reformat or frame any portion of the Site;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on ADP’s technology infrastructure;
- attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
PERMISSION TO USE YOUR CONTENT
- If you do post content or submit material, and unless we indicate otherwise, you grant ADP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ADP and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ADP for all claims resulting from content you supply. ADP has the right but not the obligation to monitor and edit or remove any activity or content. ADP takes no responsibility and assumes no liability for any content posted by you or any third party.
- You grant ADP the irrevocable right to use Your Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms (“Other Media”).
- You grant the Site’s users and the users of any Other Media the irrevocable right to access Your Content in connection with their use of the Site and any Other Media.
- You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
- You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ADP.
- Because you alone are responsible for Your Content (and not ADP), you may expose yourself to liability if, for example, Your Content violates a third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- ADP may or may not use User Content in its sole discretion. For example, we may choose not to publish User Content if we believe it violates the Terms of Service.
- ADP and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
By sending us any ideas, suggestions, documents and/or proposals (“Feedback”), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
ADP may terminate or suspend your account or ability to use the Site, in whole or in part, at ADP’s sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
ADP owns the ADP Content, including but not limited to visual interfaces, terms of service, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. ADP also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the ADP Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the ADP Content in whole or in part except as expressly authorized by ADP. Except as expressly and unambiguously provided herein, ADP does not grant you any express or implied rights, and all rights in and to the Site and the ADP Content are retained by ADP.
By visiting primebuyersreport.org, primebuyersreport.com or myprimebuyersguide.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ADP.
COPYRIGHT INFRINGEMENT NOTICE & PROCEDURE
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ADP’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying ADP that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ADP’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
American Discovery Publishing® LLC Legal Department
131A Stony Circle, Suite 500
Santa Rosa, CA 95401
You agree to indemnify and hold ADP, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, members, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (a) your access to or use of the Site, (b) your violation of the Terms of Service, or (c) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. ADP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of ADP. ADP will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THIRD PARTY WEBSITES
- The Site may include links to other websites (each, a “Third Party Site”). ADP does not control or endorse any Third Party Site, and you agree that ADP is not responsible for the availability or contents of such Third Party Sites.
On other review websites, anyone can unfairly and often anonymously submit a false and damaging negative review about a business, including competitors, disgruntled employees, and unreasonable or irrational consumers. Unlike other website publishers who take no responsibility for the damage unfairly done by such reviews and hide behind internet regulations that absolve them from the responsibilities for libel that apply to print publishers, we at ADP believe that online publishers should make an effort to be fair. We know and care that those malicious anonymous postings on other review sites have real effects on the reputation and livelihood of business owners.
That’s why we’ve put safeguards in place to safeguard the legitimacy of negative reviews. If we receive a negative review of a company, we may require the following:
- The reviewer cannot be anonymous and must provide us a phone number for us to contact them and verify their review.
- They must show us documented proof that they were really a customer (receipts, etc.)
- They must provide documentation of their claim (if the claim is one that’s provable in that manner)
- IF ALL OF THE ABOVE ARE MET, we will first contact the business owner so they have the ability to make the customer satisfied and allow them to withdraw any negative review attempt.
- IF ALL OF THE ABOVE ARE MET, we reserve the right to paraphrase the review and publish only the central idea, not word for word. This prevents rants, personal attacks, and claims that are unnecessarily personal or inflammatory.
- IF ALL OF THE ABOVE ARE MET, the business owner is allowed to provide us with a response which will always be displayed along with that review.=
- If there is any dispute about or involving the Site or ADP, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Sonoma County, California.
- No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind ADP in any respect whatsoever.
- ADP may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
- The Terms of Service contain the entire agreement between you and ADP regarding the use of the Site, and supersede any prior agreement between you and ADP on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
- The failure of ADP to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
- The Terms of Service are not assignable, transferable or sublicensable by you except with ADP’s prior written consent, but may be assigned or transferred by ADP without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
- The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.