Terms and Conditions
1. Welcome to our website BestCo Inc. (referred to in this Agreement as “BestCo” or the “Company” or “we” or “us”), maintains this Web site (the “Site”) as a service to our customers and users of the World Wide Web. Please review the following terms and conditions carefully. By using or viewing this Site, you agree to be bound by these terms and conditions. You should visit this page periodically to review the terms and conditions as we reserve the right to update or revise them at any time.
2. Limited Right to Use The viewing, printing or downloading of any text, content, images, graphics, forms, documents, data, files or other material (the “Material”) from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal and non-commercial use and not for publication, republication, distribution, display, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your internal business use (but not for resale or redistribution) without our prior written consent.
3. Editing, Deleting and Modification We reserve the right in our sole discretion to edit or delete any documents, information, data, files or other content appearing on the Site.
4. Copyright We authorize you to view and download the Material on this Site solely for your personal and non-commercial use. The Material is protected by copyright under both United States and foreign laws. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these terms and conditions. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not copy, publish, sell, distribute, modify, transmit, reuse, or use the Material (excluding your own proprietary information) for public or commercial purposes, without our written permission.
5. Trademarks.All trademarks, logos, and service marks (collectively, “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the Company or other third parties. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the site, or any other content on the Site, except as provided in these terms and conditions, is strictly prohibited.
6. Rules of Conduct for All Users General Restrictions Applicable to all User Content. All users shall use the Site for lawful purposes only. You represent, warrant, covenant and agree that that any information, data or content you upload or otherwise provide to us in connection with the Site (collectively, “User Content”), will not include any content, material, data or information, regardless of form or medium, that in the Company’s sole discretion:
a) is (or contains or links to content, material, data or information that is) (i) abusive, vulgar, obscene, offensive, hateful, fraudulent, threatening, harassing, defamatory or libelous, (ii) used to disclose without permission private or personal matters concerning any person other than you or (iii) hateful or incites violence or advocates or encourages any illegal activity;
b) you do not have the full right or license to transmit or distribute to third parties under applicable law (such as third-party copyrights, moral rights, trade secrets, trademarks, securities, or other proprietary rights), including under the other terms of service of any third party providing or assisting in making available such User Content, or under contractual or fiduciary relationships (such as nondisclosure agreements);
c) is used to impersonate any person, or falsely state or otherwise misrepresent your identity or your affiliation with a person or entity;
d) you know or have reason to believe is provided, transmitted or distributed in violation of any applicable law, regulation, ordinance, contract, order or other agreement that is binding on you and/or your use of the Site;
e) contains viruses, malicious code, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone else’s computer; or
f) otherwise violates the terms or conditions of this Agreement or is designed to interfere or interferes in any way with our continued provision and operation of the Site, either as presently provided and/or operated or as we may intend, in our sole discretion, to provide and/or to operate the foregoing at any future point.
General Restrictions Applicable to all Users. In addition to the above restrictions pertaining to User Content, you additionally represent, warrant, covenant and agree that, as a user of the Site will not do, or assist any others in doing, any of the following:
a) knowingly violate any applicable law, regulation, ordinance, contract, order or other agreement that is binding on you and/or your use of the Site;
b) use the Site to engage in or to promote any behavior or activity that is (i) abusive, vulgar, obscene, offensive, hateful, fraudulent, threatening, harassing, defamatory or libelous, (ii) used to disclose private or personal matters concerning any person or (iii) hateful or incites violence or that advocates or encourages any illegal activity;
c) use the Site to access or use any content, information or material to which you do not have the necessary right (including all copyrights, moral rights, privacy rights and/or publicity rights) or license, or otherwise knowingly violate, breach or infringe the intellectual property, contractual or other rights of any third party;
d) remove or interfere with any copyright notices or digital “watermarks” on any images or other content intended to indicate the source and/or ownership of such image or other content;
e) use the Site to engage in or to promote any behavior or activity that constitutes advertising, spam or any other form of solicitation, including chain letters and pyramid schemes;
f) impersonate any person, or falsely state or otherwise misrepresent your identity or your affiliation with a person or entity;
g) modify, disassemble, decompile, reverse engineer, revise or enhance all or any part of the Site or any recipes or products included on the Site or create any derivative works or otherwise merge or utilize all or any part of the Site with or into other computer programs, website, service or other materials or attempt to do any of the foregoing or to discover all or any part of the Site’s source code;
h) copy, print, display, publish or transmit all or any part of the Site (including the look and feel and/or software or graphical user interface thereof) or any other content or materials published, displayed, offered or otherwise made available in connection therewith for any purpose, including for use with any product competitive with our products and services, whether used internally or made available to third parties, except as expressly authorized herein or by us in writing;
i) sell, license (or sublicense), lease, assign, transfer, pledge, or share (including as a time share, service bureau or otherwise) any of your rights under, in or to the Agreement and/or the Site with or to any third party;
j) send or store any materials, data or information containing viruses, malicious code, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone else’s computer, or upload or insert code, scripts, batch files or any other form of scripting or coding into the Site or any application thereof or therein;
k) otherwise interfere with or disrupt the integrity or performance of the Site or any User Content or our Materials contained therein;
l) attempt to gain unauthorized access to the restricted areas of the Site or its related systems or networks; or
m) use the Site in any manner not intended by or explicitly prohibited by us.
7. Disclaimer and Limitation of Liability. While we use reasonable efforts to include accurate and up-to-date information in this Site, the Site may contain inaccuracies and programmatic or typographical errors. We make no representations about the accuracy, reliability, completeness, availability or timeliness of the Materials, information and services contained on the Site or about the results to be obtained from using the Site. THE MATERIALS, INFORMATION AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE, MATERIALS, INFORMATION AND SERVICES MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALTHOUGH WE REGULARLY EMPLOY ANTI-VIRUS SOFTWARE, WE MAKE NO GUARANTIES OR REPRESENTATIONS ABOUT ANY INFORMATION OR DATA VIEWED OR DOWNLOADED FROM OUR SITE AND YOU ENGAGE IN SUCH ACTIVITY AT YOUR OWN RISK. YOU HEREBY ACKNOWLEDGE THAT, DESPITE ANY ANTI-VIRUS MEASURES THAT WE UNDERTAKE, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT SUCH MEASURES WILL PROTECT YOU AGAINST EXPOSURE TO ANY VIRUS, BUG, WORM, TRAP DOOR, BACK DOOR, TIMER CLOCK OR OTHER SIMILAR DEVICE. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR ANY RELATED INFORMATION OR SERVICE. IN PARTICULAR AND WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF OUR MAKING THIS SITE AVAILABLE TO YOU. THIS SITE AND THE INFORMATION AND SERVICES THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE OR IMPLY ANY WARRANTY, REPRESENTATION OR GUARANTEE.
8. User Indemnity. You agree to defend, indemnify and hold harmless us, our affiliates, agents, employees, directors, officers, licensors, suppliers, vendors, content providers and service providers from any claims, actions, losses, damages, liabilities, judgments, settlements (each a “Claim”), including all costs and expenses (including attorneys’ fees and disbursements) therein, arising out of or relating to: (a) your breach or failure of your obligations under this Agreement, including any representation, warranty, covenant or guarantee made by you or by any representative on your behalf pursuant to this Agreement or as a condition of your use of the Site, (b) the gross negligence or willful misconduct of you or any representative acting on your behalf, (c) the placement by you of a link or other means of access to the Site on or in any website, service, software program or in any e-mail or other communication, or (d) your access to and use of the Site or participation in any activities arising from the Site. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity. We reserve the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us and you agree to cooperate with our defense of such Claims, and you agree not to settle any such Claim without our prior written consent. We will use commercially reasonable efforts to notify you of any Claim to which we are entitled to indemnification within a commercially reasonable period of time upon becoming aware of such Claim.
10. Links to Other Web Sites. The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
11. Termination of Privileges. The Company reserves the right to terminate your privilege of using all or any portion of the Site if you breach any of these Terms and Conditions.
12. Governing Law and Jurisdiction. This Site is controlled and operated by the Company from its principal office in the State of North Carolina. The Company makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws, rules and regulations. The Site is not intended to submit the Company to the laws or jurisdiction of any state, country or territory other than the State of North Carolina. The laws of the State of North Carolina (without regard to conflict of law principles) will govern the enforcement of this Agreement and any disputes that may arise hereunder or result from your use of this Site, and you agree to submit to the exclusive personal jurisdiction and venue of any state or federal court located therein and consent to extra-territorial service of process. Any cause of action by you with respect to the Site (and/or any information, data, files, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
13.Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement constitutes the entire agreement between you and the Company with respect to use of the Site, superseding all prior or contemporaneous communications and/or proposals. The Company reserves the right to make changes to this Agreement immediately by posting the changed Agreement in this location. By continuing to use the Site, you are agreeing to all changes made by the Company. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to use of the Site to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.
This Agreement was last updated on April 1, 2013.