Last Updated: November 10, 2024
—
1. Acceptance of Terms
Welcome to Earned Reviews (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website located at (https://earnedreviews.com/) (the “Website”) and all related services (collectively, the “Services”). By accessing or using our Services, you (“you” or “your”) acknowledge that you have read, understood, and agree to be bound by our Terms of Service, Privacy Policy, and SMS Privacy Policy.
If you do not agree to these Terms, please refrain from using our Services.
—
2. Eligibility
By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
—
3. Modification of Terms
We reserve the right to modify or update these Terms at any time in our sole discretion. Any changes will become effective immediately upon posting on the Website. We may notify you of significant changes via email or through the Services, but it is your responsibility to review the Terms periodically. Your continued use of the Services after any changes signifies your acceptance of the revised Terms.
—
4. Description of Services
Earned Reviews provides an online platform that assists businesses in collecting, publishing, and managing online reviews from various platforms, including Google, Facebook, and our own earnedreviews.com. Our Services are designed to enhance your online reputation by aggregating customer feedback and facilitating interactions with review platforms.
—
5. User Accounts
5.1 Registration
To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.
5.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@earnedreviews.com of any unauthorized use or suspected breach of your account.
—
6. User Conduct
By using the Services, you agree not to engage in any of the following prohibited activities:
– Violation of Laws: Using the Services for any illegal purpose or in violation of any local, state, national, or international law or regulation.
– Infringement of Rights: Infringing upon or violating our intellectual property rights or the rights of others.
– Harmful Content: Uploading or transmitting any viruses, malware, or other harmful code.
– Interference: Interfering with the operation of the Services or any user’s enjoyment of the Services.
– Unauthorized Access: Attempting to gain unauthorized access to the Services, user accounts, or computer systems or networks connected to the Services.
– Spam and Fraud: Sending unsolicited or unauthorized advertising, promotional materials, or spam, and engaging in any fraudulent activities.
—
7. Content
7.1 User Content
You may submit, post, or display content, including but not limited to reviews, comments, and feedback (“User Content”). You retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, print, distribute, make derivatives of, and display such content publicly in connection with the Services.
You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.
7.2 Our Content
All content provided by us, including text, graphics, logos, images, software, and other materials (“Our Content”), is owned by Earned Reviews or our licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works of Our Content without our express written consent.
—
8. Payment Terms
8.1 Fees and Billing
Certain features of the Services may require payment of fees. All fees are described on the Website or in a separate agreement and are subject to change upon notice. By selecting a paid Service, you agree to pay all applicable fees and taxes.
8.2 Payment Method
If you purchase a Subscription or any other services that we offer for a fee, either on a one-time or subscription basis, you agree to provide a payment method, you authorize us to charge all fees incurred through your account to that payment method. Failure to pay in a timely manner may result in the termination of the Services and/or application of late payment fees.
8.3 Recurring Charges
For subscription-based Services, fees will be billed on a recurring basis as specified at the time of purchase. Unless you cancel your subscription before the renewal date, you authorize us to charge the applicable subscription fees to your payment method.
8.4 Late Payments
If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, suspend or terminate your access to the Services, and charge interest on any overdue amounts at the rate of 1.5% per month or the highest rate permitted by law.
—
9. Intellectual Property Rights
All rights, title, and interest in and to the Services, including all related intellectual property rights, are and will remain the exclusive property of Earned Reviews and its licensors. These Terms do not grant you any rights to use any of our trademarks, logos, domain names, or other brand features without our prior written consent.
—
10. Third-Party Services and Content
Our Services may include links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party websites or services. You acknowledge and agree that we are not liable for any loss or damage arising from your use of any third-party content.
—
11. Confidentiality
You agree to maintain the confidentiality of any non-public information that we may disclose to you, including business strategies, pricing, or technical data (“Confidential Information”). You may not disclose Confidential Information to any third party without our prior written consent.
—
12. Disclaimer of Warranties
12.1 “As Is” and “As Available”
The Services are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the Services.
12.2 No Warranty
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability.
12.3 No Guarantee
We do not guarantee that the Services will meet your requirements, be uninterrupted, secure, or error-free, or that any defects will be corrected.
—
13. Limitation of Liability
13.1 Exclusion of Certain Types of Damages
To the maximum extent permitted by applicable law, Earned Reviews and its affiliates shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, or use, incurred by you or any third party.
13.2 Cap on Liability
Our total cumulative liability to you for any claims arising out of or related to these Terms or the Services shall not exceed the amount you have paid us in the twelve (12) months preceding the claim.
—
14. Indemnification
You agree to indemnify, defend, and hold harmless Earned Reviews, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
– Your use or misuse of the Services.
– Your violation of these Terms, Privacy Policy, and/or SMS Policy.
– Your violation of any third-party rights, including intellectual property or privacy rights.
—
15. Termination
15.1 By You
You may terminate your account and stop using the Services at any time by contacting us at support@earnedreviews.com. Termination does not relieve you of any obligations to pay any outstanding fees.
15.2 By Us
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, for any reason, including if we believe you have violated these Terms.
15.3 Effect of Termination
Upon termination, all rights granted to you under these Terms will cease immediately. Sections of these Terms that by their nature should survive termination will survive.
—
16. Governing Law
These Terms and any disputes arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.
—
17. Dispute Resolution
17.1 Arbitration
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Chicago, Illinois.
17.2 Class Action Waiver
You agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action.
17.3 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters relating to intellectual property rights.
—
—
18. Entire Agreement
These Terms, along with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Earned Reviews regarding the Services.
—
19. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
—
20. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
—
21. Notices
All notices under these Terms must be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; or upon acknowledgment of receipt if sent by certified or registered mail.
—
22. Contact Information
If you have any questions about these Terms, please contact us:
Optimal Components LLC
1016 W Jackson Blvd, Suite 69
Chicago, IL 60607
Phone: 224-345-9406
Email: support@earnedreviews.com