Terms of Service

 

PLEASE NOTE: THESE TERMS CONTAIN DISPUTE RESOLUTION PROVISIONS, WITH LIMITED EXCEPTIONS, WHICH REQUIRE (i) THE CLAIMS YOU MAKE AGAINST TARVL LTD BE RESOLVED BY BINDING ARBITRATION OR INDIVIDUAL ARBITRATION OR WAIVER OF YOUR RIGHT (2). In any class, group, representative action or procedure.
These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (for example, emails, phone calls and texts) and mobile applications (collectively the “Service”). By accessing or using the Service, you agree to these Terms, which constitute a legally binding contract with: (i) TARVL LTD. , a British company based in London, unless you are based in a country in the European Economic Area. Region (“EEA”) or Switzerland; or (ii) TARVL LTD. , a limited liability company incorporated and resident under the laws of the United Kingdom, if you are domiciled in a country in the European Economic Area or Switzerland. TARVL LTD, as applicable. Do not access or use the Service if you are unwilling or unable to be bound by the Terms. For more information about our policies and guidelines regarding the Service, click here.
definitions
the parties. Both “you” and “your” refer to you, as a user of the Service. “User” is a person who accesses or uses the Service in any way. “we”, “us” and “our” refer to Yelp and its affiliates.
Content. “Content” means text, images, images, audio, video, and all other forms of data or communication. “Your Content” means content that you submit or transmit to, through or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invites, check-ins, votes, friendship, next activity, direct messages, and information you contribute to your user profile Or suggest a business page. “User Content” means Content that Users submit or transmit to, through or in connection with the Service. “TARVL Content” means content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than TARVL or its users, and that is made available in connection with the Service.
Sites and accounts. “Consumer Website” means the TARVL Consumer Website (www.TARVL.com and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Website. “Business Account” means the account you create to access or use the TARVL for Business Owners website (TARVL .com and related domains) and mobile applications. “Account” means any consumer or business account.
Changes to Terms
We may amend the Terms from time to time. You will find the latest version of the Terms here. You understand and agree that your access to or use of the Service is governed by the terms in effect at the time you access or use the Service. If we make material changes to these Terms, we will notify you via email, by posting a notice on the Service, and/or prior to the effective date of the changes. We’ll also indicate at the top of this page when these changes were last made. You should review these Terms on a regular basis as the revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms constitutes your acceptance of those changes.
Translation
We may translate these Terms into other languages ​​for your convenience. However, the English version governs your relationship with TARVL, and any discrepancies between the different versions will be resolved in favor of the English version available here.
Service use
Eligibility – Eligibility. To access or use the Service, you must have the necessary power and authority to enter into these Terms. You may not access or use the Service if you are a competitor to Yelp or if we have previously banned you from the Service or closed your account.
Permission to use the service. We give you permission to use the Service in accordance with these Terms. Your use of the Service is at your own risk, including the risk that you will be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, or does not provide adequate warning of potential risks or dangers;
or inappropriate.
Service availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
accounts. You must create an account and provide certain information about yourself in order to use some of the features offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your Consumer Account is for your personal, non-commercial use only, and you may not create or use your Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when
Create an account in order to enhance your credibility as a contributor to the Service. You may not impersonate another person, provide an email address that is not your own, create multiple accounts, or transfer your consumer account to another person without the prior consent of TARVL.
Communications from TARVL et al. By accessing or using the Service, you agree to receive communications from other users and TARVL through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS) and phone calls. These communications may be promoted by TARVL or listed companies In TARVL, it can be started by TARVL, companies listed on TARVL, or other users. You also understand that communications may be sent using an automatic dial-up system, and that you may be charged by your telephone operator for certain communications such as SMS text messages or phone calls. You agree to notify us immediately if the telephone number(s) you have provided to us are changed or disconnected. Please note that any communications, including phone calls,
You can opt out of some communications here.
Content Responsibility
about your content. You are solely responsible for your own content, and once posted on TARVL, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability and any risks associated with the personal information you disclose. You represent that you own or have the necessary permissions to use and license to use your Content as described here. You may not imply that your Content is sponsored or approved in any way by TARVL.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; infringes any third party right, including any copyright, trademark, service mark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right; contains illegal material, including hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these terms.
Our right to use your content. We may use Your Content in a variety of different ways, including displaying it publicly, reformatting it, incorporating it into advertising and other business, creating derivative works from, promoting, distributing it, and allowing others to do the same in connection with their websites and media platforms (“Media”) . You hereby grant us irrevocable, worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, and transferable rights to use Your Content for any purpose. Note that you permanently grant users of the Service and any other media the right to access your Content in connection with their use of the Service and any other media.Finally, you irrevocably waive and cause, against TARVL and its users, any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean the use, copying, general performance, display, reproduction, distribution, modification, translation, removal, analysis, marketing and preparation of derivative works from Your Content.
Property. Between you and TARVL, you own your own content. We own the TARVL Content, including but not limited to visual interfaces, interactive features, graphics, design, assembly (including, but not limited to, our selection, coordination, compilation, and arrangement of User Content and other Service Content), computer code, products and software, and aggregate star ratings. and all other elements and components of the Service other than Your Content, User Content, and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets and other intellectual property rights associated with TARVL Content and Service throughout the world, and they are protected
Subject to the copyright, trade dress, patent, trademark, trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or modifications, publicly display, or in any way use or exploit any of the Content TARVL in full. or in part except as expressly authorized. by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and we reserve all rights in the Service and TARVL Content.
Advertising. TARVL and its licensors may display advertisements, paid content, and other information near or in connection with your content. You are not entitled to any compensation for such advertisements. The manner, placement and extent of these advertisements are subject to change without specific notice to you.
else. User Content (including any content created by users operating or contracting with TARVL) does not reflect the opinion of TARVL. Except as required by law, we are not obligated to keep or make available copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, modify or reposition User Content at our sole discretion for any or no reason, and without notice to you. For example, we may remove a review if we believe it is infringing
Our Content Guidelines. Except as consistent with the TARVL Authorized Licensing Program, TARVL does not attempt to verify any licenses that a local company or its representatives may hold, and consumers should inquire about any licenses directly with the company. Businesses whose licenses have been verified by TARVL will have a “Verified License” badge displayed on their TARVL business page.
Reservation and Transactions
Generally. You can access features through the service that allow you to book or transact online with local businesses, such as making restaurant or spa reservations, ordering food delivery, or scheduling appointments. These features may be provided by TARVL’s third-party partners, including through iframes or similar formats, and their use may be subject to terms different or additional provided to you as part of the reservation or transaction process. Please note that these external partners and/or local businesses that you do business with are responsible for fulfilling these reservations and transactions.
Payments and cancellations. You may be required to provide your credit card information to confirm your booking, and any applicable fees, including cancellation or no-show fees, will be charged in accordance with the local business cancellation policy provided at the time of booking. You agree that Yelp may facilitate any payments and costs on behalf of the local business.
coupons. Any Coupons that TARVL may issue for use in connection with the Service are non-transferable (unless required by law), cannot be redeemed for cash or other consideration, and will automatically expire thirty (30) days after the date of issue unless otherwise specified. If your account is terminated, you will not be able to use any unexpired and unused Coupons, and any such Coupons will be automatically terminated and cannot be redeemed unless required by law.
Assurances and guarantees
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action in our sole discretion.
You represent and warrant that:
You have read and understood our Content Guidelines;
You have read and understood our Privacy Policy. If you use the Service outside the United States of America, you consent to the transfer and processing of your personal data in the United States of America; and before
By attending any event included in the Service, you have read and agree to our Event Terms and Conditions.
You also represent and warrant that you will not and will not assist, encourage or enable others to use the Service to:
you violate our terms, including the content guidelines and event terms and conditions;
Post any fake or defamatory review, or commercial reviews with others, or compensate someone or receive compensation for posting a review, or refrain from posting or removing it;
infringe the rights of any third party, including any breach of trust, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
threaten, stalk, harm or harass others or promote bigotry or discrimination;
promote a business, project or other commercial event, or otherwise use the Service for commercial purposes, except in connection with a business account in accordance with the Terms of Business;
send group emails, surveys or other group messages, whether or not of a commercial nature; Engage in keyw
spam or attempt to tamper with the search results of the Service or review of the Recommendation Program (as defined in the Terms of Business below) or any third party website;
solicit personal information from minors, or send or transmit pornographic material;
violate any applicable law;
modify, adapt, adapt, reproduce, distribute, translate, create derivative works, edit, display, sell, trade or exploit the Service or Service Content (other than your Content), except as expressly authorized by TARVL;
Use any robot, spider, search/retrieval application for the Service or any other automated device, process or means to access, retrieve, copy, scrape or index any portion of the Service or any Service content, except as expressly permitted by Yelp (for example, as described at www.TARVL.com/robots.txt);
reverse engineer any portion of the Service, unless such restriction is prohibited by applicable law, in which case you agree to provide us with 30 days prior written notice here;
remove or modify any copyright, trademark or other proprietary rights notice appearing on any part of the Service or on any material printed or copied from the Service;
recording, processing or extracting information about users;
access, retrieve or index any portion of the Service for the purposes of creating or populating a searchable database of business reviews;
reformat or frame any part of the Service;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large burden on TARVL’s technological infrastructure or otherwise demands excessive traffic for the Service;
Attempt to gain unauthorized access to the Service, accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means;
use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, harmful code, spyware, malware, or other items of a destructive or harmful nature;
use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
Use the service to infringe too
n any computer network or crack passwords or security encryption codes; disrupt, interfere with, or cause damage to the security of the Service or the content of the Service; or
remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict use or copying of Service content, or features that impose restrictions on use of the Service;
Additional Policies and Terms
Copyright and trademark disputes. You agree to follow our infringement policy in notifying us of copyright and trademark disputes related to User Content. You agree that we may forward any notice given in accordance with our Infringement Policy to the user who submitted the relevant User Content.
Additional terms. Your use of the Service is subject to any and all terms, policies, or for additional rules or guidelines that we may post or link to the Service (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a business account, the business terms below apply to you.
Suggestions and improvements
By submitting any ideas, suggestions, documents or proposals (“Feedback”) to us, you agree that (i) your Comments do not contain any confidential or third-party information, (ii) we are under no obligation to confidentiality, express or implied, With respect to Feedback, (iii) we may have something similar to Feedback already under consideration or under development, (iv) we have no obligation to review, consider or implement Feedback, or return to you in whole or in part a portion of Feedback, and (v) you grant us A non-revocable, non-exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable, transferable license to use, modify, prepare derivative works from, publish, distribute, and sublicense, and you irrevocably waive and cause Yelp and its users to waive express any claims and representations regarding any ethical rights contained in these comments.
Content and services
Third Party The Service may host third party content, or include links to other websites or applications (each a “Third Party Service”). We do not control or endorse any third party content or service. You agree that we are not responsible for the availability, accuracy, or content of any Third Party Content or Third Party Service. YOUR USE OF AND RELIANCE ON ANY THIRD-PARTY CONTENT OR SERVICE IS AT YOUR OWN RISK.
Certain services made available through the Service and third party services may be subject to additional third party terms of service, privacy policies, license terms, disclosures, and other terms, conditions and policies, including but not limited to those posted here. thats it
It is your responsibility to become familiar with any applicable third party terms.
Compensation
or any third party using your account, for any intellectual property or other right of any person or entity. TARVL reserves the right, at your expense, to assume the exclusive defense and control of any matter in which you are required to indemnify us and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of TARVL. TARVL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree not to settle any such matter without the prior written consent of TARVL. TARVL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree not to settle any such matter without the prior written consent of TARVL. TARVL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMER AND LIMITATION OF LIABILITY
Please read this section carefully as it limits the liability of the TARVL Entities to you. Each of the subsections below applies only to the maximum extent permitted by applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully restricted. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. You are giving up your fundamental legal rights by agreeing to these Terms.
The Service and Content are provided to you on an “AS IS,” “WITH ALL ERRORS” and “AS AVAILABLE” basis, with the express understanding that TARVL Entities may not monitor, control or monitor User Content or Third Party Content. As such, your use of the Service is at your own risk. The TARVL Entities make no claims or promises about the quality, completeness, accuracy, reliability, safety or security of the Service, including without limitation, the security of your data or the content of the Service. Accordingly, TARVL-affiliated entities are not liable to you for any personal injury, loss or damage that may arise, for example, from inoperability, battery life, any other reduction in services used or invalidity of the devices used. or from your reliance on the quality, accuracy, or reliability of listings, ratings,
TARVL Entities make no claims or promises with respect to any third party, such as companies or advertisers included in the Service or who provide goods or services through the Service or users of the Service. Accordingly, TARVL affiliated entities are not liable to you for any personal injury, loss or damage that may arise from any acts or omissions of any third party, including, for example, if another user, business information or Personal information if you have had a negative experience with a company or advertiser listed or featured on the Service. Your purchase and use of products or services offered by third parties through the Service is at your own risk.
Your sole and exclusive right and remedy in the event of dissatisfaction with the Service, related services or any other complaint is to terminate your access to or use of the Service.
The TARVL Entities’ maximum aggregate liability to you for losses or damages suffered by them in connection with the Service or these Terms is limited to the greater of (i) the amount paid, if any, to the entities associated with the Service. Service in the 12 months prior to the action that resulted in the increased liability, or (2) $100.
TARVL Entities’ liability is limited to the maximum extent permitted by law, and TARVL Entities will not be liable for any (i) indirect, special, incidental, punitive, exemplary, consequential or consequential damages (ii). or revenue, (iii) business interruption, (iv) damage to reputation, (v) loss of information or data; or (vi) liability in connection with a consumer alert posted on any business pages on your company’s TARVL website. Remains disclaimer The limitations and restrictions set forth in this Section 12 shall apply regardless of the form of the claim, whether in contract, tort (including negligence), capacity or otherwise.
Arbitration, disputes and choice of law
If you reside in the United States or Canada:
EXCLUSION OF CLAIMS EXCLUSION: Any claim, cause of action, relief request or dispute that may arise between you and TARVL (“Claims”) shall be resolved by arbitration on an individual basis; YOU AND WE AGREE THAT ANY PERSON MAY LET OR PARTICIPATE IN CLAIMS AGAINST ANY OTHER PERSON ONLY ON OUR INDIVIDUAL CAPACITY, AND NOT AS A PLANT OR ARBITRATION IN ANY INTENDED CLAIM OR REPRESENTATIVE PROCEEDING. Unless you and TARVL otherwise agree, the arbitrator may not merge or join the claims of other persons or parties who may be in a similar situation, and may not file any form of representation or class action. You and TARVL expressly waive the right to trial by jury.
“CLAIMS EXCLUDED” means: (a) claims by you or TARVL that may, if permitted by the rules of that court, go in small claims court, or (b) claims relating to intellectual property (such as copyright and trademark), and violations of the TARVL API Terms of Use (which are governed by these Terms, for clarity), or breach of Section 7 above (Representations and Warranties). Excluded cases can be brought in court. Any issues relating to the scope and enforcement of the arbitration clause will be resolved by the arbitrator. If any claim cannot be arbitrated under this provision, such claim can only be brought in court and all other claims remain subject to arbitration. Notwithstanding this paragraph, business claims, as defined in Section 3 of the Additional Terms for Business Accounts, are subject to this section.
Excluded claims and claims that cannot be arbitrated must be brought in court. These Terms are governed by California law (to the extent that it does not precede or conflict with federal law), as well as any excluded claim or claim that cannot be arbitrated, regardless of conflict of law provisions. You or TARVL may seek relief in any small claims court of competent jurisdiction. All claims and other claims which are excluded and cannot be arbitrated shall be subject to the exclusive jurisdiction and venue of the state and federal courts located within the County of San Francisco, California and you consent to the personal jurisdiction of such courts for the purpose of bringing such action.
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules in force at that time. For more information, visit www.adr.org. Arbitration can be conducted in person, by submitting documents, by phone, or online. The arbitrator may award damages individually to the extent the court can, including tariff or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds that the arbitration was frivolous or was submitted for an improper purpose, TARVL will pay all filing fees and expenses, AAA and the arbitrator. We waive the right to seek judgment on attorneys’ fees and expenses in connection with any non-trivial arbitration between you and us.
If you reside in a country located in the European Economic Area or Switzerland, these Terms will be governed by Irish law, in addition to any dispute that may arise between you and TARVL.
You agree that any subpoena, request for discovery, or other third party action directed at TARVL shall be in or domesticated by the state or federal courts located in San Francisco County, California, and you agree to submit to the jurisdiction of each such court. . Courts for any related proceedings.
ending
You may terminate the Terms at any time by closing your account, discontinuing any access to or use of the Service, and providing TARVL with notice of termination here.
We may close your account, suspend your ability to use certain parts of the Service, terminate any license or permission granted to you under this Agreement, and/or ban you completely from etc.
For any or no reason and without notice or liability of any kind. Any such action may prevent you from accessing your account, the Service, your Content, the Content of the Service, or any other related information.
In the event of any termination of these Terms, either by you or us, Sections 1, 3, 5 and 7-15 of the Terms of Service will remain in full force and effect.
General Conditions
We reserve the right to modify, update or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
Except as otherwise provided in Section 10 above, nothing in this document is intended and will not be deemed to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us with respect to such subject matter. The parties acknowledge that no representation is being made but is not expressly included in these Terms.
There is no failure in
TARVL’s portion of the exercise or enforcement of any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise any right under this Agreement in any way shall not be deemed a waiver of any other rights under this Agreement. The Terms may not be waived, except in writing by Yelp.
If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, such provision will only be modified to reflect the intent of the parties, or it will be superseded to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and subject to to implement.
The Terms, and any rights or obligations under this Agreement, are not assignable, transferable, or sublicensable. 
by you except with the prior written consent of TARVL, but we may assign or transfer it without restriction. Any attempt to waive by you would violate these Terms and be void.
You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and TARVL as a result of these Terms or your use of the Service.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Copyright © 2020 Yelp Inc., 350 Mission Street, 10th Floor, San Francisco, CA 94105, USA
Additional Terms for Business Accounts
The following terms (“Terms of Business”), in addition to the Terms of Service above, govern your access to and use of your trading account. In the event of any conflict between these Terms of Business and the Terms of Service, the Terms of Business shall apply. If you have purchased products or services from TARVL on behalf of your business (for example, advertisements or business tools), the terms of such purchase shall govern to the event of any conflict with these Terms of Business. Capitalized words used but not defined in these Terms of Business have the meanings set forth in the Terms of Service. By creating, accessing or using your trading account, you agree to these Terms of Business and enter into a legally binding contract with TARVL. You are not authorized to create,
Please read these Terms of Business carefully as they require the use of arbitration on an individual basis to resolve disputes, whether trials or class actions, and also to determine the remedies available to you in the event of a dispute.
In the event of any termination of these Terms of Business, either by you or us, these Terms of Business in their entirety will remain in full force and effect.
Requirements, representations and warranties
In order to access or use the Services, you agree to the following:
You have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and to link any such business (including any corresponding business entity) to the Terms of Business (such as a corporation or corporation, “Your Business”);
Your access to or use of the Business Site will only be in your capacity as an authorized representative of your business;
You will not use the Consumer Site for commercial activities, including but not limited to reporting reviews or messaging people who have reviewed your work;
Your business complies with applicable laws and does not offer, advertise, sell or rent illegal products and/or services;
Yelp grants a limited, non-transferable, non-exclusive, royalty-free license to display your Public Website on the Services, or to allow it to be displayed through iframes or other framing technology;
You agree that we may contact you, including by telephone or email, using the contact information you provide to us, that you provide to us, or that we have on file for your business, and that our communications (including phone calls) with monitor and record you for quality purposes;
You understand that we may display health score information for your business, and may place an alert to a consumer regarding that health score, on your company’s business page;
You understand and agree that we may share certain aggregate or otherwise de-identified information about your responses to a request for quote with other companies, for example, the number of companies responding to the expected administrator and the speed of those responses; and the
You understand and acknowledge that non-exclusion clauses in certain consumer contracts, such as those that seek to limit or prohibit revisions (including provisions that penalize consumers for posting revisions) about your work, are prohibited by California law (Cal. Civil Code § 1670.8%) and by Federal Consumer Justice Act (15 USC § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disclosure or “non-publication” clauses against consumers under any circumstances. You understand that we may notify consumers publicly, including about
road
Place a consumer alert on your company’s business page, if we have a good faith belief that these items are being used by your company.
You represent and warrant that you will not, and will not, authorize or induce any other party to:
Offer incentives of any kind, such as discounts, free gifts, refunds, gift cards, contest entries, offers, or deals in exchange for posting reviews of your work, or to prevent or remove reviews, and you understand and acknowledge that TARVL, through alerts to consumers, may publicly notify consumers with such incentives and other attempts to obtain, withhold, or remove reviews;
solicit or request reviews from your customers;
write comments or vote on content (for example, ratings of users entitled to vote as useful, funny, or cool) for your business or your competitors in your business;
pay or induce anyone to post, refrain from posting, or remove Comments or attempt to circumvent the TARVL Recommendation Program (defined below) or fraud detection systems;
attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
Use any automated means or form of scraping or data mining to access, query, or collect TARVL data, content and/or reviews from the TARVL website and/or content and/or reviews from TARVL, except as expressly permitted by TARVL (eg, as described at www. TARVL.com/robots.txt);
use any TARVL trademark or service mark in any way without TARVL’s prior written consent; or
misrepresent your identity or association with anyone associated with TARVL;
You understand and acknowledge that TARVL allows consumers to post content about your work, including photos, ratings, and reviews. You understand and acknowledge that TARVL uses automated software in an effort to display the most reliable and helpful reviews while other reviews are less prominently displayed (“Recommendation Program”). You understand and acknowledge that while TARVL uses its Recommendation Program to identify reviews that may be less useful, the Recommendation Program may occasionally prevent legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from TARVL will not affect the Recommendations Program or allow or enable you, directly or indirectly, to change reviews or influence whether, where or how.
The following Sections 2 and 3 only apply if you are a resident of the United States or Canada:
DISCLAIMER AND LIMITATION OF LIABILITY
Please read this section carefully as it limits the liability of the TARVL Entities to you. For clarity, the following applies in addition to the disclaimers and limitations of liability detailed in Section 12 of the Terms.
The Federal Communications Decency Act (47 USC § 230) limits the liability of interactive computer services, such as TARVL, for their role in the dissemination of third-party content, including consumer reviews. In addition, anti-SLAPP laws, such as Cal. sword. Brooke. California Code 425.16 may require you to pay TARVL attorney fees if you attempt to impose this liability on TARVL through legal process.
Arbitration, disputes and choice of law
For clarity, this section governs any commercial claim made by you or TARVL. Any claim not subject to this section is subject to Section 13 of the Terms.
Except for the excluded commercial claims, any dispute or claim arising out of or relating to: (a) these Terms or your breach of them; or (b) your access to or use of the Business Site for your Company account; (each such dispute or claim, a “Commercial Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment may be entered upon the arbitrator’s decision in any court of competent jurisdiction. . The arbitrator will issue a reasoned award in writing, including all results of the facts and the law upon which the award was made. The arbitrator shall have no authority to make errors of law, and the award may be invalidated or corrected through judicial review by a court having jurisdiction under the California Arbitration Act for any such error.
Commercial cases must be heard by a single arbitrator. The arbitration will be conducted in San Francisco, California, but the parties may choose for themselves whether to appear in person, by telephone, or by submitting documents. The arbitration is governed by the laws of the State of California. The winning party is entitled to judge reasonable attorneys’ fees.
Notwithstanding the foregoing, you agree to file any commercial claim that is not subject to arbitration, including, but not limited to, excluded commercial claims.
and consent to the personal and exclusive jurisdiction in, and the exclusive location of, the state and federal courts located within San Francisco County, California, which are venue for performance of these Terms of Business.
You and TARVL agree that they may file or participate in commercial claims against others only in their individual capacity, and not as a plaintiff or class member in any requested class or representative action. Unless you and TARVL otherwise agree, the arbitrator may not consolidate or join the commercial claims of other persons or parties that may similarly exist, nor may it provide any form of representation or representation. If the allegation of work refers to this section, and it is discovered that E
If the oath is invalid, unenforceable, or illegal by a court, the business case must be adjudicated by a court and not by an arbitrator.
Copyright © 2020 TARVL Inc., 350 Mission Street, 10th Floor, San Francisco, CA 94105, USA