BestofGuide.com Mobile App – Terms of Use

Terms of Use

The following Terms of Use are part of all agreements entered into by BestofGuide.com. (“BESTOFGUIDE.COM”), apply to all services offered by BESTOFGUIDE.COM and will govern your (and the entity or company you represent) (the “User”) use of the www.BestofGuide.com website, mobile app, and/or the BESTOFGUIDE.COM service (all taken together, the “Service”). The Service is owned and operated by BestofGuide.com. The Service is offered subject to the User’s acceptance without modification of all of the Terms of Use contained herein and all other operating rules, policies and procedures that may be published from time to time on the Service by BESTOFGUIDE.COM. By using or accessing any part of the Service, User confirms that it, on acquiring a username and a password from BestofGuide.com, has received these Terms of use, that it has read these Terms of use and that it accepts and agrees to be bound by these, and future amendments of these, Terms of Use. Furthermore, User can consult the Terms of Use at all times on the website of BESTOFGUIDE.COM and on the User’s request, the Terms of use will be sent to the User (electronically) free of charge. The application of any other general Terms of Use is hereby expressly excluded.

No Warranties

The Application is provided subject to all of the terms set forth in the Mobile Application Documentation. BestofGuide.com does not warrant that: (i) its Application will be constantly available, or available at all; (ii) that the information in this Application is complete, true, accurate, or (iii) your opt-out choices will be successfully executed in all cases. BestofGuide.com does not warrant that the Application is free of defects or errors.

Limitations of Liability and Indemnification

THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL BESTOFGUIDE.COM BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BESTOFGUIDE.COM, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS APPLICATION.

Unenforceable Provisions

If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.

Ownership of Intellectual Property and Limited License

All intellectual property to this Application, including all Application material, is protected by copyright, trademark, or patent laws, and is owned exclusively by BestofGuide.com. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Application. All trademarks, service marks and trade names are owned, registered and/or licensed by BestofGuide.com. BestofGuide.com grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Application to a mobile devise via a web browser; use this Application as herein set forth; copy and store this Application and the material on this Application in your web browser cache memory; and print pages from this Application for your own personal and non-commercial use. BestofGuide.com does not grant you any other rights whatsoever in relation to this Application or the material on this Application. All other rights are expressly reserved by BestofGuide.com.

Use and Prohibited Use Restrictions

You may use the Application only for your own personal, non-commercial use. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without BestofGuide.com’s prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application.