Terms & Conditions

These Terms of Use ("Terms” or “Terms of Use") constitute a legal binding agreement between you ("user" or "you") and us. These Terms together with our Privacy Policy (collectively “Agreement”) sets forth the terms in which you may use our website ("Website"). Thus, it is important that you take the time to read them carefully prior to accessing or using our Website and use it to make informed decisions. 

 

ACCEPTANCE OF THE TERMS: BY ACCESSING OR USING THE WEBSITE OR OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS INCLUDING THE TERMS OF OUR PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THEM. YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN YOU AND US WHICH FURTHER ENFORCES CLASS ACTION WAIVER AND ARBITRATION PROVISION AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION BELOW. IF YOU DO NOT AGREE TO THESE AGREEMENT, PLEASE DO NOT ENTER, VIEW, ACCESS OR USE THE WEBSITE OR THE SERVICES IN ANY MANNER WHATSOEVER. 

MODIFICATIONS: We reserve the right to change these Terms at any time, therefore we recommend you re-visit this page frequently. We may amend these Terms, at any time at our sole discretion, by posting the amended version on the Website or by obtaining your consent to changes as may be required by applicable law. All changes to the Agreement are effective as of the stated “Last Revised” date above and your continued use of the Website after the Last Revised date, will constitute acceptance of, and agreement to be bound by, those changes. In the event of a material change, we will make best efforts to send you a written notification. 

ELIGIBILITY AND AGE LIMITATION: You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms. You further represent and warrant that you are at least eighteen (18) years of age and of legal competence to enter into this Agreement.  We do not use the Website to knowingly solicit data from or market to children under the age of eighteen (18). We request that such individuals do not provide Personal Information (as defined in our Privacy Policy) through our Services. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Website. If you become aware or have any reason to believe that a child under the age of eighteen (18) has shared any information with us, please contact us at service@top5-websitebuilders.com and we take reasonable steps to ensure that such information is deleted from our files.

 

SCOPE OF SERVICES: The Website provides you with comprehensive information, comparison tables and resources about various services and products you are interested in, owned or operated by third parties (“Third Party Service”). We provide you with applicable information and comparison charts (to learn more about how we compare click here, including without limitations User Generated Content (as defined below), Third Party Websites or links (as defined below) as well as articles, blogs and opinions provided either by us, you, other users or third party contractors, including any text, logos, button icons, images, data compilations, documents, descriptions, software, code, designs, links, data, graphics and other features provided therein (collectively defined hereinafter as the “Content”) (together with the Website shall be referred as he “Service”). The Services are owned and developed solely by us. You acknowledge that the Services are for informational and editorial purposes only and may contain Content that you deem or find objectionable. We make best efforts to actively monitor the Services and any Content (including User Generated Content, a defined below) that is submitted or viewed on the Website. We do not endorse or support any Content which is submitted to the Website (either by you, us, third party content providers or other users). Our Services are provided to you free of charge, however we earn commission from our third party partners (displaying the Third Party Service through Company Website). 

 

USE OF THE WEBSITE AND SERVICES: The Services and the Content are provided to you for your personal and non-commercial use only; You agree only to use the Services as set forth in these Terms and according to applicable laws and regulations. You are responsible for any User Generated Content (as defined below) you may submit to the Website. You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms. You may not use the Services in a manner which would disrupt the use of the Website by other users or persons. We reserve the right to investigate any breach or alleged breach of these Terms and to report any breach or alleged breach of these Terms to law enforcement authorities. We may prevent you from using the Services if we become aware of any action which breaches or which is reasonably construed as a breach of these Terms. We may also limit your use of the Services for any other reason or for no reason, and retain the right to terminate your use of the Services at our sole discretion. We reserve the right to refuse or accept post, display or transmit any content submitted to the Website by you. We have no responsibility to store or maintain any Content submitted to or posted on the Website (including any User Generated Content) and will not be held liable for any failure to store or maintain any such content. 

Further, you hereby agree you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative work, circumvent or hack the Services or the Content provided therein or to gain unauthorized access to the Services or its related systems or networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Services or the Content available to any third party, or any portion thereof; (iii) use the Services or the Content in any fraudulent or unlawful manner (iv) assert any proprietary rights in or to the Services or Content, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials available in or through the Services. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein; (v) use, access or attempt to access the Service in connection with any automated means; (vi) use our name, logo or trademarks without prior written consent; and (vii) Extract, collect or store personal data about other users without their express permission. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, AT OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.

 

THIRD PARTY’S WEBSITES, LINKS, AND SERVICES: The Service and Content will include links to websites and services operated by third parties (“Third Party Websites”) and will enable you to view, access the Third Party Services. Such links may be posted by us, you, other users, Google AdSense or other parties. You acknowledge and agree that (a) we do not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Website or Third Party Services; (b) we do not owe nor have control over, nor responsible for any Third Party Websites or Third Party Services, we do not exercise editorial or programming control over any content therein; (c) owners or licensors of the Third Party Website may change or delete their website or any content therein at any time; and (d) by entering Third Party Websites or otherwise using Third Party Services, you will be subject to such Third Party Websites terms of services and privacy policies, which may be found on the relevant Third Party Websites. You should carefully review the applicable Third Party Websites’ terms of services and privacy policies in order to verify that you are allowed to use the Third Party Services, and to comply with the applicable requirements and restrictions (e.g., residents of certain countries are prohibited from using such Third Party’s Services). By using the Services, you may be linked and exposed to Content related to Third Party Websites or Third Party Services that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to access, view, or otherwise interact with such Third Party Website or Third Party Services. Your interaction with a Third Party Services and your use of, and reliance upon, any Content (including content provided through Third Party Website) is at your sole discretion and risk. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any content of any such Third Party Websites or Third Party Services which is at your sole discretion and risk , as well as for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of, or relating to, any Third Party Website or Third Party Services. We may earn commissions through affiliate programs operated by Third Party Websites. Our membership in any affiliate program operated by Third Party Websites is not an endorsement of any such Third Party Websites.

 

USER GENERATED CONTENT: The User Generated Content refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us. The UGC shall include, among other images, comments, posts, texts, icons, links, opinions and feedback provided by you and by other users, etc. (“UGC”). You hereby undertake and agree that you have all the rights, power and authority necessary to submit any UGC and the UGC uploaded by you may not: (i) violate any applicable law; (ii)contain any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, terrorism,  racism, defamatory,  adult and pornography content alcohol-related or illegal drugs content; (iii) contain any content which is copyrighted, protected by trade secret or may infringe third party intellectual property or content which may infringes the right to privacy or create a risk to a person’s safety or health or; (iv) contain any content which is unfair or deceptive under the consumer protection laws of any jurisdiction or content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product. Further, by submitting, posting, or displaying UGC through the Services and by uploading to the Service, you grant us with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, reproduce, distribute, prepare derivative works of, make available to the public any part of the UGC uploaded by you in connection with including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any channel. Furthermore, you grant each user of the Service, a worldwide, non-exclusive, royalty-free license to access your UGC through the Service, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the Service and under these Terms. We have the sole and absolute right to and discretion to decide whether to publish any UGC and we may, without prior notice, monitor, censor, edit, remove, delete, any and all UGC, at any time and for any reason.. If we believe, in our sole discretion, that the UGC provided by you violates or may violate any of the aforesaid, we may restrict your access or use of the Services. Nonetheless, we have no obligation to monitor the UGC, thus, we have no responsibility and liability with respect to the UGC uploaded by you, as well as UGC uploaded by other users, which you may find inaccurate, offensive, indecent, or objectionable. 

 

COPYRIGHTED INFORMATION AND CONTENT POLICY: You may not post or submit (including in the UGC) any proprietary information of another party which is protected under copyright or trademark laws. We will respond to any notice we receive alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred. If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any posted comment, Content or UGC on the Website has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party in which you are authorized to act on its behalf, please contact us at: service@top5-websitebuilders.com, or through our Contact Us form, located in the footer at the bottom of every page of the website (“Notice”), and we will investigate the matter immediately. When submitting a Notice, please include the following information: (a) Identify the copyrighted work or material that you claim has been infringed, and information reasonably sufficient to permit us to locate the material and verify its existence, including at a minimum, its location, if applicable the URL of the link(s) shown on the Website where such material may be found and screenshots. If multiple copyrighted works are covered by this Notice - you may provide a list of the copyrighted works that you claim have been infringed. (b) Provide your contact information – name, mailing address, telephone number, and, if available, email address. (c) Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).  In addition, I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." 

Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the Notice. Please remember by submitting a Notice you will be initiating a legal process, hence, please do not make any false claims. We will respond at reasonable time to claims of copyright infringement committed using the Website that are reported to us. 

 

INTELLECTUAL PROPERTIES: The Service and any Content available therein are protected by international copyright laws or any other intellectual property laws that are licensed to us or to our affiliates, licensors, partners or other third parties. Except as expressly granted in these Terms, we retain all right, title ownership and interest in and to the Service and Content (excluding UGC and Third Party Websites), copyrights and trademarks, product names, and trade names as well as any content provided or made available in connection with the Service and Website to the fullest extent possible under applicable law. We reserve all rights in and to the Service and the Website which are not expressly granted herein.

 

HOW WE RATE: The ranking and rating available on the Website, including the Content as defined above, are a combination of user experience recommendations, views, ratings and comments as well as our own ranking and rating algorithms. In order to provide you with this information free of charge we might generate advertising revenues from y service providers featured on the Website, including the service providers that are ranked and presented in our comparison measurements. We hereby disclaim all expressed guarantees and warrants with regards to the marketability, suitability, incompleteness, applicability or relevance of the information contained herein. We make best efforts to keep the information up-to-date and accurate. 

 

PUSH NOTIFICATIONS: we do not want you to miss any deals and promotions, thus, we offer you to register to our push notification service. You can opt-out from these services at any time at: Push Notifications Instructions.

 

DISCLAIMER OF WARRANTY: WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES AND THE CONTENT, AS WELL AS THE RATINGS ARE PROVIDED “AS-IS”. YOUR USE THE SERVICES AND RELIANCE ON THE INFORMATION PROVIDED THEREIN ARE SOLELY AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE SERVICES, THIRD PARTY’S WEBSITES AND THIRD PARTY SERVICES.WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE THROUGH THE SERVICES IS TRUE, RELIABLE, ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT AVAILABLE IN OR THROUGH THE SERVICES NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS AND CONTENT. WE MAKE NO WARRANTY THAT REVIEWS OF THIRD PARTY WEBSITES ARE FACTUALLY ACCURATE; OUR REVIEWS OF THIRD PARTY WEBSITES ARE BASED ON OUR EXPERIENCE WITH SUCH THIRD PARTY WEBSITES, INPUT FROM OTHER PARTIES AND OTHER RESEARCH WHICH WE MAY HAVE PERFORMED. WE MAKE NO WARRANTY THAT YOU WILL FIND ANY THIRD PARTY SERVICES TO BE SATISFACTORY OR TO PROVIDE ANY RESULTS WHICH YOU MAY SEEK FROM SUCH THIRD PARTY SERVICES.

 

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS WHICH YOU MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR YOUR RELIANCE ON ANY CONTENT OR YOUR DEALINGS WITH ANY THIRD PARTY WEBSITE OR THIRD PARTY’S SERVICES. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF WE HAVE BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE OR WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US, AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE OR ANY CONTENT AVAILABLE THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NI FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE EXCEED THE COST OF THE SERVICES. 

 

INDEMNIFICATION: You agree to hold us harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

 

DISPUTE RESOLUTION: For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. 

  

CHANGES TO THE SITE: We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services and any Content therein, without notice, at any time. we have no obligation to provide support or maintenance for the Services under these Terms. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Services. You hereby agree to receive such updates and upgrades as part of your use of the Services. In the event we believe that such updates or upgrades shall materially affect your use of the Services, we will make best efforts to notify you. 

 

PRIVACY: We are committed to the protection of privacy of our users. For more information on our data practices please review our Privacy Policy.

 

MISCELLANEOUS: THIS AGREEMENT, CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE USE OF THE SERVICE. IF ANY PART OF THIS AGREEMENT IS FOUND VOID AND UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OF THE BALANCE OF THE AGREEMENT, WHICH SHALL REMAIN VALID AND ENFORCEABLE ACCORDING TO ITS TERMS. NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THESE TERMS. YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER BY OPERATION OF LAW OR OTHERWISE THESE TERMS OR ANY RIGHT OR OBLIGATION HEREIN. WE EXPRESSLY RESERVES OUR RIGHT TO ASSIGN OR TRANSFER THESE TERMS AND TO DELEGATE ANY OF ITS OBLIGATIONS HEREUNDER AT OUR SOLE DISCRETION. HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND DO NOT LIMIT THE SCOPE OR EXTENT OF THE RELEVANT SECTION. OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. 

 

FURTHER QUESTIONS?

If you have any questions about this Agreement, please contact us via our Contact Us form, located in the footer at the bottom of every page of the website, or at service@top5-websitebuilders.com.

[Last Revised:October 24, 2017]

 
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