Terms of Use

In order to use this and other Best Amazing Referrals websites, the mobile and touch versions, and other electronic services made available to businesses and participating Referrals, or portions or services provided through them (collectively, the "Site"), you must agree to these Terms of Use ("Terms of Use"). These Terms of Use are for accessing and using the Site and other Best Amazing Referrals websites–they are important, apply to all businesses and Referrals, and contain many legal disclosures that you should read carefully. Best Amazing Referrals Inc. and/or its affiliates and subsidiaries ("Best Amazing Referrals," "we," "us," "our") and Referrals ("End User" or "you") may be referred to throughout these Terms of Use individually as a "Party" and collectively as the "Parties".

  1. APPLICABILITY

IMPORTANT. THESE TERMS OF USE ARE IN ADDITION TO ANY OTHER AGREEMENT(S) BETWEEN YOU AND Best Amazing Referrals. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS OF USE AND SUCH AGREEMENT(S), THE OTHER AGREEMENT(S) WILL CONTROL.

  1. ACCEPTANCE OF TERMS OF USE

Best Amazing Referrals operates the Site. By using the Site, any service provided through the Site, or installing mobile or touch versions that allow access to content or services provided through the Site, you agree to be bound by these Terms of Use, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY Best Amazing Referrals SERVICE OFFERED THROUGH THE SITE.

  1. PERMITTED USES

The Site provides information for prospective and current merchant partners about how Best Amazing Referrals's promotion and marketing services can help your business effectively advertise its goods and services to new and existing customers through Best Amazing Referrals's platform. As a condition of your use of the Site, you agree that:

  • You are an individual person at least 18 years of age.
  • You possess the authority to create a binding legal obligation.
  • Your use of the Site will at all times comply with these Terms of Use.
  • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for the use of your account by anyone you allow to access it.
  • You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete.
  1. AVAILABILITY OF THE SITE

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. Best Amazing Referrals retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

  1. OWNERSHIP OF THE SITE

The content and information on the Site ("Content") as well as the infrastructure used to provide the Content, is proprietary to us and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

  1. TRANSMISSION OF INFORMATION

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with Best Amazing Referrals and the Site while it is being transmitted. In addition, Best Amazing Referrals is not responsible for any data lost during transmission.

  1. YOUR CONDUCT ON OUR SITES

The Site and other websites operated by Best Amazing Referrals that is available to End Users is private property (collectively, the "Best Amazing Referrals Sites"). All interactions on the Best Amazing Referrals Sites must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other users from using or enjoying any part of the Best Amazing Referrals Sites, we may limit your privileges on the Site and seek other remedies.

PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES–they are prohibited on the Best Amazing Referrals Sites and constitute express violations of these Terms of Use:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Best Amazing Referrals Sites or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Best Amazing Referrals Sites and any and all functions and services provided by Best Amazing Referrals;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Best Amazing Referrals Sites;
  • Using the Best Amazing Referrals Sites or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Best Amazing Referrals, without Best Amazing Referrals prior written consent;
  • Reselling or repurposing your access to the Best Amazing Referrals Sites;
  • Using the Best Amazing Referrals Sites or any of its resources to solicit Best Amazing Referrals customers, Referrals or other business partners of Best Amazing Referrals to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Best Amazing Referrals, including without limitation, aggregating current or previously offered deals;
  • Using any Best Amazing Referrals customer or merchant information that is not your information from the Best Amazing Referrals Sites for any commercial purpose, including, but not limited to, marketing;
  • Violating the restrictions in any robot exclusion headers on any Best Amazing Referrals Sites or bypassing or circumventing other measures employed to prevent or limit access to the Best Amazing Referrals Sites;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion) supporting the Best Amazing Referrals Sites;
  • Aggregating any live or post-feature content or other information from the Best Amazing Referrals Sites (whether using links or other technical means or physical records associated with purchases made through the Best Amazing Referrals Sites) with material from other sites or on a secondary site without our express written permission.
  • Deep-linking to any portion of the Best Amazing Referrals Sites (including, without limitation, the purchase path for any voucher) without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of Best Amazing Referrals, our other Referrals or our services; or
  • Hyperlinking to the Best Amazing Referrals Sites from any other website without our initial and ongoing consent.
  1. MODIFICATION OF THESE TERMS OF USE

We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site, provided that. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of such changes. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

  1. COPYRIGHT AND TRADEMARKS

Everything located on or in the Best Amazing Referrals Sites is the exclusive property of Best Amazing Referrals or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE OR ANY PORTIONS OR AREAS OF THE Best Amazing Referrals SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF Best Amazing Referrals IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The Best Amazing Referrals Sites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Best Amazing Referrals Sites are protected by copyright as a collective work under the United States copyright laws. Best Amazing Referrals owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Best Amazing Referrals or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Best Amazing Referrals is a trademark of Best Amazing Referrals, Inc. It, together with other trademarks that are located within or on the Best Amazing Referrals Sites otherwise owned or operated in conjunction with Best Amazing Referrals shall not be deemed to be in the public domain but rather the exclusive property of Best Amazing Referrals, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Best Amazing Referrals unless otherwise stated.

You will not upload, post or otherwise make available on the Best Amazing Referrals Sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Best Amazing Referrals does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Best Amazing Referrals Sites, you warrant that the owner of such material has expressly granted Best Amazing Referrals the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for such End User's personal use. You also grant Best Amazing Referrals the right to edit, copy, publish and distribute any material that you make available on the Best Amazing Referrals Sites.

  1. COPYRIGHT POLICY AND DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PROCEDURES

Best Amazing Referrals reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights. If you believe that any material has been posted via the Best Amazing Referrals Sites by an End User in a way that constitutes copyright infringement, you shall provide Best Amazing Referrals with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Best Amazing Referrals Sites of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

  1. Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Best Amazing Referrals. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless Best Amazing Referrals from any claim resulting from the Client's publication of material or use of those materials.

Best Amazing Referrals reserves the right to not publish any content that Best Amazing Referrals determines, in its sole discretion, to be harmful, inappropriate or offensive.

  1. Warranties/Limitation of Liability

Best Amazing Referrals does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free.  Best Amazing Referrals is not be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Best Amazing Referralss control.

IN NO EVENT SHALL Best Amazing Referrals, OUR EMPLOYEES, CONSULTANTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY, INCLUDING ATTORNEYS' FEES, UNDER THIS AGREEMENT EXCEED THE FEES PAID TO Best Amazing Referrals.  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 MAY HAVE ADDITIONAL RIGHTS.

  1. COMMUNICATIONS AND MARKETING

Best Amazing Referrals may allow you to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Best Amazing Referrals Sites from time to time (collectively "Communities"). Best Amazing Referrals shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by Best Amazing Referrals, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Best Amazing Referrals shall have the right, but not the obligation, to remove any material from the Communities that Best Amazing Referrals, in its sole

discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of Best Amazing Referrals. You may have the opportunity to request additional information about Best Amazing Referrals’s services, register for merchant newsletters, or otherwise make inquiries by submitting your business contact information through the Site. You agree that we may use your contact information to provide you with the information you requested. You also consent to us using and sharing your contract information to make, and allow others on our behalf to make, unsolicited marketing calls and send you postal and electronic communications (e.g., emails) with information about Best Amazing Referrals’s and our business partner's products, promotions and/or services that we think may be of interest to you. We may also use your contact information to solicit your views on our services, develop new offers and promotions, and for market research.

  1. WEBSITES OF OTHERS

The Site may contain links to websites maintained by other parties not affiliated with Best Amazing Referrals. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk

  1. PUBLIC NATURE OF YOUR STATEMENTS

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Best Amazing Referrals's services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Best Amazing Referrals does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Best Amazing Referrals Sites are not confidential.

  1. LICENSE GRANT

By posting Statements or other information on or through the Communities, you grant Best Amazing Referrals a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

  1. INDEMNIFICATION/RELEASE

Client agrees that it shall defend, indemnify, save and hold the Best Amazing Referrals harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with Best Amazing Referrals's development of the Client's web site. Client also agrees to defend, indemnify and hold harmless EMP Referrals against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

  1. CHOICE OF LAW; FORUM

Any disputes arising from this contract will be litigated or arbitrated in Maricopa County, Arizona.  This agreement shall be governed and construed in accordance with the laws of the State of Arizona, USA.

  1. ADDITIONAL DISCLOSURES

No waiver by either you or Best Amazing Referrals of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect.

The provisions of these Terms of Use apply equally to and are for the benefit of Best Amazing Referrals, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Best Amazing Referrals will not be liable for any default or delay in the performance of its obligations under these Terms of Use due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond Best Amazing Referrals’s reasonable control.