TERMS OF USE POLICY
Welcome to businessalmanac.com (the “Site”), a unique website where you provide local business with your badge of support, reviews, and a number of important information that only you can provide (the “Service”). The Service is provided by Business Almanac LLC (“Business Almanac” or “Us”, “We”, “Our”), including all information, tools and data available to you on this Site.
This document contains the Terms of Use (the “Terms”) that govern your relationship to Us as you use our Site and the Service. If you visit or shop within the Site, you accept these Terms, so please read them carefully, as they will determine how you can use the Site and Services, how We are (and are not) liable to you, what responsibilities fall on you and which fall on Us, and other key terms and obligations, subject to each term and obligation being valid in your country.
By using our Site and Services, you hereby agree to these Terms. In other words, before you begin using the Site and setting out to make the best deal you can make, take a moment and carefully read through these Terms. If you have any questions, write to Us! If you do not agree with any particular provision or term, then STOP and do not click on the “I Agree” button below. We want you to feel comfortable using our Site, but We can only do so when the both of us agree on the terms that will control the use of the Site and Services.
We reserve the right to edit and change these Terms from time to time. When We do so, We will upload the updated Terms on our Site, which will become effective from the day they are published. If following the publishing of updated Terms, you continue to use the Site, then you will have accepted the new Terms.
User Account & Privacy
When using this Site, you will provide Us with certain personal information, which We will use in accordance with our Privacy Policy. It is very important that you read our Privacy Policy, which is a separate document, so that you understand how your data and activity within the Site is used, managed, and as appropriate, shared by Us.
To make a review on the Site, you will create an account (“Account”), in which you can store your personal information, such as your name, last name, e-mail address and phone number, for any and all future reviews and comments. When using this Site, you are responsible for maintaining the confidentiality of your account username and password, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account username and password.
By accepting our Terms, you agree that you are of legal age. If you are under eighteen (18) years-old, you may only use Our Site with the express consent or authorization of a parent or guardian. Thus, if you are underage, by using this Site you are agreeing that you have obtained the express consent or authorization, or are using this Site with the involvement of, or are being monitored by, your parent or guardian.
Maintenance: Keeping the Site going.
We will do our best to make sure you have the best experience possible when visiting our Site and using Our Services. However, the Internet (and the providers who keep Us connected) can experience delays, downtime, or interruptions from time to time. Therefore, you acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in Service or events that are beyond Our control, and that We shall not be responsible for any data lost while transmitting information on the Internet. While Our objective is to make the Site accessible 24 hours per day, 7 days per week, 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, access to the Site may be interrupted, suspended or terminated from time to time.
We shall have the sole right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, We may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Electronic communications.
When you visit this Site or send e-mails to Us, you are communicating with Us electronically, and are therefore consenting to receive communications from Us electronically, including via e-mail or by posting notifications on this Site. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically, satisfy any and all legal requirements that such communications be made and delivered in writing.
Copyright, Trademarks, License & Site access.
Likewise, our Site, both in its components and in its entirety (the “Platform”), its logos and trademarks (“Trademarks”), images and content (“BA Content”), is protected by both applicable copyright and trademark legislation (as applicable). We will grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Platform on your personal device(s); and (ii) access and view any BA Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use. You will not remove, alter or obscure any copyright, Trademarks or other proprietary rights notices incorporated in or accompanying the Platform or BA Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or BA Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms.
In order for you to share our Site through hyperlinks, you are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Us or any of our Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Our Trademarks to link to the Services without the express written permission of Us. Further, you may not use, frame or utilize framing techniques to enclose any of Our Trademarks, BA Content, other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services or Platform without Our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of BA or any third party.
Finally, you agree that by submitting any content through the Services (a review, a picture, a comment, etc.), you thus grant Business Almanac a fully paid up, irrevocable, universal, perpetual, license to reproduce, publicly distribute, publicly display, perform (where applicable), and create derivative works in order to provide the Services. In other words, without this license, we would not be able to publish what you wrote. As such, we need an irrevocable license to undertake all the steps that our servers take every minute in order to display your content.
Digital Millennium Copyright Act (“DMCA”)
The Service may contain links to other web sites and files posted by users. Posting of copyrighted material within the Service without the explicit consent provided by the owner or the legal representative of such content is not allowed. Business Almanac respects the intellectual property rights of others and expects its users and partners to do the same. It is our policy to disable and/or terminate the accounts of users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the DMCA, Business Almanac will respond expeditiously to claims of copyright infringement committed using the Service that are reported to our Designated Copyright Agent as follows:
Notification
If you have determined that your copyrights have been infringed by another user, please provide us with the following information:
Please note that, under 17 U.S.C. § 512(f), you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
Counter Notification
Any user who has provided allegedly infringing content may make a counter notification pursuant to the DMCA in order to rebut the copyright claim notified.
To file a counter notification, please provide us with the following information:
Please note that, under 17 U.S.C. § 512(f) you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material or activity was removed or disabled by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first consult a lawyer. Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Business Almanac will replace the removed material or cease disabling access to it in ten (10) business days. Business Almanac will replace the removed material and cease disabling access to it within ten (10) to fourteen (14), business days following receipt of the counter notice, unless our Designated Copyright Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Service.
You may send the written notification or counter notification to our Designated Copyright Agent by email to or by mail to:
BUSINESS ALMANAC LLC
316 CALLE FORTALEZA
SAN JUAN, PR 00901
Stickers and Reviews
By opening an Account, you can provide reviews for local businesses and/or vouch on specific categories where they excel (such as “Social Distancing”, WIFI available, temperature checks upon entry, etc.). By vouching on any specific category, the business will receive a Sticker indicating as much. You hereby warrant and represent that any such submission by you is truthful to the best of your knowledge and is done so on your free will. You further warrant that you are not employed by the business you are reviewing and that you are not receiving any compensation for your submission.
You are prohibited from providing any reviews that contain lewd or vulgar language, defamatory or libelous expressions, false or exaggerated representations or reviews, and/or any other such scandalous or damaging expressions. This is a Site built on trust, and we need to trust that your reviews and Stickers are honest, and respectful (even when they are not favorable to the business).
Business descriptions.
Business Almanac and its associates attempt to be as accurate as possible. However, Business Almanac does not warrant that business information and/or other content of this Site is accurate, complete, reliable, current, or error-free. The information and descriptions made on this Site is provided for general information only and should not be relied upon or used for a decision-making basis without consulting more accurate sources of information.
We do not personally inspect any of the business listed on the Site, nor do we make any representations for the reviews or Stickers awarded by user input. It is up to you to verify and reach your own conclusions as to whether or not to support any such local business.
If you are the owner of the business listed, and you wish to remove your business from our Site, please contact us at:
info@businessalmanac.com
and upon verifiable information that you are the owner, we will remove the listing.
We reserve the right to remove any submission or Sticker, in our sole discretion, if for whatever reason we believe the same may be defamatory, libelous, false, exaggerated, or done in bad faith.
Indemnification and Disclaimers: When and how are We liable to you.
THIRD-PARTY CONTENT
In using our Services, Site and/or Platform, you may be exposed to content from other Users or third parties (“Third-Party Content”), either on our Services or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, other Account users of our Services.
DISCLAIMER OF WARRANTIES
IF YOU USE OUR SITE AND/OR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SITE OR SERVICES WILL BE ACCURATE OR RELIABLE.
BUSINESS ALMANAC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS SENT FROM BUSINESS ALMANAC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL BUSINESS ALMANAC, OR OUR DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BY AGREEING TO THESE TERMS, YOU EXPLICITLY AND UNEQUIVOCALLY FOREVER WAIVE AND RELINQUISH ANY CLAIM, SUIT, ACTION, OR ANY OTHER LEGAL EQUIVALENT ACTION AGAINST US FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICES.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS, BUT NOT LIMITED TO, POWER, INTERNET OR COMMUNICATION OUTAGES, POWER OUTAGES, FIRE, FLOOD, EARTHQUAKES, TORNADOES, HURRICANES, WARS, ACTS OF GOD, FORCE MAJEURE, OR THE OCCURRENCE OF ANY OTHER UNFORESEEN CONTINGENCY OR EVENT BEYOND THE CONTROL OF BUSINESS ALMANAC.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SITE, THE SERVICES, OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
INDEMNITY
You shall defend, indemnify and hold Business Almanac harmless (and each of our officers, directors, members, shareholders, employees, agents and affiliates) from any claim, demand, action, damage, loss, judgment, cost or expense, including without limitation reasonable attorneys’ fees and costs, arising out of or relating to (a) your use of our Site and/or Services; (b) your violation of these Terms; (c) your violation of any rights of another, including libel, slander and defamation or violation of third-party intellectual property rights; and/or (d) your conduct in connection with the Site and/or Services. If you are obligated to indemnify Us, We will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether We wish to settle it, and if so, on what terms.
Dispute Resolution
We will always work with our Users to resolve any dispute or issue that may arise in the manner that is most constructive and efficient to all parties. However, if We cannot resolve a dispute in a manner that is satisfactory to you, then you and Business Almanac agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Business Almanac are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Business Almanac agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Juan, Puerto Rico (USA) and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. These Terms shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You and Business Almanac also agree that the state or federal courts in the Commonwealth of Puerto Rico have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BUSINESS ALMANAC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Contacting Us & Customer Service:
Our door is always open to hearing from you, our Customers. You may contact Us at the following address below:
info@businessalmanac.com
You may also contact us concerning any conduct of a fellow User that you believe are not in line with these Terms.
Termination
You are free to close your Account at any time. Following thirty (30) days of your request to close your Account, We will expunge all data concerning your User Account, except that which is necessary to maintain for archival purposes. We may also terminate your Account, at any time, for any breach by you of these Terms.
Miscellaneous.
You may not assign any of your rights or obligations under these Terms without prior written consent from Us. We may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
These Terms will govern the relationship between Business Almanac and its Users, with the exception of any particular clause, obligation or condition that is legally inapplicable in your jurisdiction.