The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between You and Bite of the Best, LLC (“BOTB”), operator of the website “biteofthebest.com” (the “Website”).
Your use of the website and the services provided on it are subject to the terms and conditions of this Agreement, which forms a legally binding contract between BOTB and You.
BOTB may amend the terms of this Agreement at any time by providing You with notice of such amendment, and Your continued use of the website will constitute Your acceptance of such amendment.
Please read this Agreement carefully. This Agreement limits BOTB’s liability and may substantively affect Your rights.
1. Use of the website
Permitted Use of the Website – Use of and access to the Website is limited by the terms of this Agreement. You agree:
Not to use any robot, spider, scraper or other automated means to access the Website for any purpose without BOTB’s express written permission, except for search engines.
Not to take any action that imposes, or may impose in BOTB’s sole discretion, an unreasonable or disproportionately large load on BOTB’s servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website.
Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website, including but not limited to “framing” Websites content within another site or “hotlinking” to any Website content, without the prior express written permission of BOTB.
To use the Website only for lawful purposes, and to comply with all applicable laws and regulations in connection with Your use of the Website.
Termination of Use – BOTB may at its sole discretion terminate or limit Your use of the Website for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in BOTB’s sole opinion adversely impacts the Website or BOTB’s interests. BOTB may so terminate or limit Your use of the Website without prior notice to You. If such termination or limitation is for reasonable cause, BOTB will not be obligated to refund any fees paid by You in connection with the use of the Website or the services provided on it.
2. User Accounts
Access to certain areas of the Website, and content and services contained therein, requires the creation of a User Account having a unique user name and an associated password. You are responsible for securely maintaining your username and password and for all activities of persons accessing the Website using Your User Account.
BOTB may provide services in connection with the Website. BOTB will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless BOTB for any damages arising out of Your use of the Website, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Website.
4. User Provided Site Content
User Provided Content – BOTB may publish information provided to it by users of the Website (“User Provided Content”). BOTB is not affiliated with any party providing User Provided Content and acts only as a venue for such User Provided Content. BOTB does not warrant the truth or accuracy of User Provided Content. You agree to release and hold harmless BOTB for any damages arising out of false or inaccurate User Provided Content.
Alteration and Removal of User Provided Content – BOTB may alter without prior notice to You any User Provided Content which in its opinion is false, inaccurate or materially misleading on its face or otherwise. BOTB may remove without prior notice to You any material from any User Provided Content which in its sole opinion is profane or offensive to other users of the Website.
License to User Provided Content – You hereby grant BOTB an irrevocable, world-wide, non-exclusive, perpetual license to any information, material or works that You submit to BOTB for publication on the Website, including but not limited to information, materials or works that You submit to BOTB. You are solely liable for the content of any information, material or works that You submit to BOTB, and agree to indemnify and hold harmless BOTB for any damages or actions arising out of such information, material or works You submit.
5. Third Party Content
BOTB may provide content authored by third parties such as product descriptions, articles, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of BOTB. BOTB will not be liable for the truth or accuracy of Third Party Content.
6. Editorial Content
Editorial Content – BOTB will provide editorial content in the form of product reviews, recommendations, profiles and the like (“Editorial Content”). The opinions expressed are those of each individual author. BOTB makes no warranties, whether expressed or implied, as to the accuracy of any Editorial Content.
Corrections – Interested parties may request factual corrections of Editorial Content by contacting BOTB by email.
Personal Information – BOTB will collect the following personal information from You in connection with Your registration and/or use of the Website: a user name, password and email address. BOTB will use Your Personal Information only in connection with the provision of content and services to You and to communicate with You. BOTB will not share your Personal Information with any third party except under the following circumstances: (i) as required by valid legal process; or (ii) to enforce the terms of this Agreement. Without limiting the foregoing, BOTB will provide your Personal Information to any successor in interest of the business conducted by BOTB in connection with any of the Website or the services provided in connection with any of the Website.
Survey Information – You may provide information to BOTB in connection with any surveys in which You decide to participate. BOTB may share the information submitted by You in such surveys with third parties for any reason. By submitting information in connection with any survey, you grant BOTB a license to use such information for any reason.
Contest Information- From time to time BOTB may offer contests (sometimes called “Win free products” or “Take a Chance”) surveys in which You decide to participate. BOTB may share the information submitted by You with the contest sponsor and those parties necessary for prize fulfillment.
Aggregate Information – BOTB may use non-personally identifiable information, including aggregate information, to improve the Website and users’ experiences with the Website, including but not limited to, using such information in connection with website design and testing. BOTB may use non-personally identifiable information to identify products or services which may be of general interest to users, and may share such information with third parties in connection with advertising, marketing and the like.
Maintenance of Information – BOTB will make its best efforts to maintain all user information securely. You agree to release and hold harmless BOTB for any damages arising out of any failure of such efforts.
8. BOTB Intellectual Property
The Website contains intellectual property that is subject to various protections under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with Your use of the Website. “BOTB”, “Bite of the Best”, the Crown-B logo and the domain names derived therefrom are trademarks of BOTB. Websites Content and Websites layout are copyright BOTB. The visual appearance of the Website is protected trade dress of BOTB under 15 U.S.C. § 1125 et seq.
9. Rights Of Intellectual Property Owners
DMCA Compliance – BOTB respects the intellectual property rights of others, and operates the Website in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq. Notices and Counter Notices under the DMCA may be sent to BOTB by email.
Notices and Counter Notices – Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe Your User Provided Content or other content You provide infringe their intellectual property rights may send notice to BOTB’s Designated Agent requesting that BOTB remove Your User Provided Content or other content You provide the Website. Upon receiving a valid request from such an owner, BOTB will remove the allegedly infringing User Provided Content or other content You provide and notify You in accordance with 17 U.S.C. § 512. Upon receiving a notification pursuant to the preceding paragraph, You may counter notify BOTB in accordance with 17 U.S.C. § 512.
10. Warranties and Limitations of Liability
BOTB HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEBSITE.
Limitation on Liability – Without limiting the foregoing, BOTB shall not be liable to You or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of Websites or otherwise, even if BOTB has been advised of the possibility of such damages, costs or losses. In no event will BOTB’s liability to You or any other person or entity exceed the amounts paid by You under this Agreement.
11. Dispute Resolution
Any dispute arising out of use of the Website or this Agreement shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of Connecticut, and agree not to bring any action against BOTB in any other jurisdiction. Nothing in this Agreement shall limit the rights of BOTB to initiate an action against You in any other jurisdiction where such jurisdiction may be properly exercised.
12. Miscellaneous Provisions
Notices – All notices provided for in this Agreement will be by email. You agree to provide to BOTB a valid email address for such purposes, and to advise BOTB immediately of any updates to Your email address. Notices to BOTB shall be sent via email.
Entire Agreement – This Agreement embodies the entire agreement between You and BOTB and supersedes and cancels any prior agreement, express or implied, written or oral, with respect to its subject matter. No modification, deletion, amendment of any provision by You will be binding unless BOTB agrees to such modification, deletion or amendment in writing.
No Waiver – No waiver of any default under this Agreement will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of this Agreement.
Severability – If any provision, or portion thereof, of this Agreement, or its application to any person or circumstance, be found invalid, illegal or unenforceable to any extent, the remainder of this Agreement, such provision and their application will not be affected thereby, but will be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and will otherwise be enforceable to the fullest extent permitted by law.