Effective Date: March 18, 2009
Welcome to BestSelector.com. To ensure that we can provide a safe, friendly, and truly useful environment for all of our users, we have established these TERMS AND CONDITIONS OF USE (“Terms”). These Terms exist to inform you of what is and isn’t acceptable when using the Service as provided by PrismaStar, LLC (“Service Provider”), the owner and operator of the site.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. THEY ARE LEGALLY BINDING ON YOU, AND YOUR USE OF AND/OR REGISTRATION ON ANY SECTION OF THE SERVICE WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE RULES.
We reserve the right, at our sole discretion, to modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for modifications. Your continued use of this Service now or following posted modifications to the Terms will signify your acceptance with any changes to the Terms. Any violation of these Terms may result in your loss of the right to use this Service, including suspension or termination of access to this service without notice, and any other relief determined by the Service Provider.
This Service is intended for your personal, non-commercial use only. All material contained on the Service including, but not limited to, text, logos, design, graphics, organization, images, audio, video, compilation, “look and feel”, software, and any other content, without limitation, are protected by applicable state, national, and/or international copyright, trademark, and other proprietary right laws, and are owned or licensed by Service Provider. You may not modify, copy, reproduce, create derivative works of, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service without the prior written consent of Service Provider. The copying, rearrangement, redistribution, modification, use of publication by you, directly or indirectly, of any such matters or any part of the website is strictly prohibited. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in these Terms or in writing by Service Provider. You may download or make one copy of the material from the Service and may use the Service for your personal, non-commercial use only, provided you follow all copyright and other applicable laws.
By using this Service, you acknowledge that you are using the Service at your own risk. The Service is provided on an “as is” basis and to the full extent permissible by law, the Service Provider, its affiliates, and its third party service providers expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, functionality, title, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service, service provider, its affiliate, and its third party service providers do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omission or loss of transmitted information, or that no viruses will be transmitted on the service.
Neither Service Provider nor its third party service providers make any warranties with respect to any of the advertised merchandise featured, mentioned, or sold on or through the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those advertisers who actually sell any merchandise, and do not necessarily represent the views of Service Provider or its third party service providers.
The Service Provider reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Service Provider shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
In order to protect the integrity of the Service, the Service Provider reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
Service Provider, its affiliates, and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential, or punitive damages allegedly sustained arising from these Terms, the providing of services hereunder, your access to or inability to access the service, including for viruses alleged to have been obtained from the service, your use of or reliance on the Service or information or materials available on the Service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states and/or countries do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state or country to country. In no event shall the Service Provider’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the site.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede of interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to the Service Provider’s or third-party service provider’s servers by http requests using a Web browser, you may not attempt to gain access to Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
It is the Service Provider’s policy to respect the privacy of users of the Service. Any information provided by you or gathered by the Service Provider or third parties during your visit to the Service will be subject to the terms of our Privacy Policy. Please see the Privacy Policy for detailed information on how the Service Provider collects and uses the information collected on the Service.
You acknowledge that the Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your linking to any service or site is at your sole risk. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to that particular website.
Any link to our website is subject to the Service Provider’s approval, conditions, and agreement, as it may decide in its sole discretion. Additionally, any linking, whether it is a hyperlink, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature is strictly prohibited.
Service Provider has the right to terminate, suspend, refuse service or your ability to access the Service, for any or no reason, without notice.
You agree to indemnify, hold harmless, and defend the Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees and court costs), demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of these Terms, or from any such acts arising out of or in any way connected with your use of this Service.
Service Provider makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the United States of America, State of Illinois, applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of these Terms must be brought in a state or federal court in Illinois. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
These Terms may be occasionally modified or updated; please check the Terms periodically for changes. By using the Service, you signify your acceptance of agreement to the Service Terms.
We welcome comments, questions, or concerns. Please contact us here.
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