Last updated November 17, 2021
The Services consist of web-based review collection software that allows consumers (each, a “Consumer”) to upload, post, publish or submit reviews on products or services offered by manufacturers, retailers or other applicable businesses (any such manufacturer, retailer or other applicable business whose products are reviewed through the Services, a “Merchant”). The Services may also include without limitation a web-based dashboard enabling Merchants to view applicable reviews that have been collected through the Services. For purposes of these Terms, a user of the Services may be a Consumer, or acting as or on behalf of a Merchant, or both, and the terms “user”, “you” or “your” shall be construed accordingly.
Except as otherwise expressly set forth herein, the Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Services, are the property of budboard or its licensors, as applicable, and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Budboard hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Services only for (i) personal or informational purposes and (ii) for purposes utilizing features of the Services for their intended purposes in accordance with these Terms. You may print and/or download and store portions of the Services for such purposes, so long as you retain all copyright and other proprietary notices contained within the Services. Except as expressly authorized by budboard in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Site or any App or “frame” or “mirror” the Site or any App on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to budboard and/or its licensors.
To use certain features of the Services or participate in certain activities sponsored by budboard, applicable users may be required to create an account on the Services. Each user that creates such an account must: (1) personally provide true, accurate, current and complete information on the applicable registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, budboard has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, budboard may suspend or terminate any and all current or future use of the Services by that user.
A user may receive passwords and account designations upon completing certain registration processes in connection with the Services and is wholly responsible for maintaining the confidentiality of such passwords or designations.
You agree to receive communications from us, including via email, text message, telephone call, and push notification, and you agree that we may automatic dialing systems or similar technology to create or transmit such communication. Communications from us may include without limitation communications of an administrative nature concerning your user account (if applicable) or your use of the Services, updates concerning new or existing features of the Services, communications concerning promotional events and news relating to budboard or the electric charging industry. Standard text message, data or other service charges assessed by your wireless carrier may apply to your receipt of any such communications.
The Services include features pursuant to which you may upload, post, publish or submit reviews on products or services offered by Merchants. You may also be able to upload, post, publish or submit feedback or other information about you or your use of the Services to budboard or other users of the Services. All information, feedback, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever, in each case which is publicly posted on the Services, privately transmitted to budboard through the Services or via email, text, message or another means or publicly or privately posted or transmitted on or through any Facebook, Twitter or other social media site maintained or associated with budboard or an applicable Merchant, is collectively referred to herein as “Content”. The submitting user retains ownership of Content submitted by such user. Notwithstanding the user’s ownership of the Content, the submitting user grants to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available) and create derivative works from such Content, in each case for the purposes of allowing us to (i) operate the Services in accordance with their functionality, (ii) improve the Services, (iii) provide relevant information, reports, tools, data or analytics to other users, including Merchants; (iv) develop new Services and/or to design, develop other products, services or technology; and/or (v) engage in any other lawful business activity.
You consent to the use of your likeness (and the likeness of any minor of which you are the parent or legal guardian) to the extent that any such likeness appears in any Content you submit, and you have obtained the written consent, release and/or permission of every identifiable individual who appears in any Content you submit to use such individual’s likeness, in each case for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms.
We have not, and will not, review, monitor or edit any Content for accuracy, authenticity, timeliness, integrity or completeness. We shall have the right (but not the obligation) in our sole discretion to refuse or delete any Content that we consider to violate these Terms or to be illegal or otherwise inappropriate for the Services. We, in our sole and absolute discretion, may preserve Content and may also disclose, analyze or use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of budboard, users of the Services or the public.
RESTRICTIONS ON USE
In order to help us maximize the user experience of all users, and avoid, eliminate or minimize disruptive, disrespectful and nonproductive activity on the Services, we require you to follow these rules: (a) do not upload to, distribute through or otherwise publish through the Services any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law; (b) do not use the Services in any manner that could be offensive, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) only use the Services in a manner consistent with all laws and regulations and in accordance with these Terms; (d) do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose; (e) only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) do not violate, plagiarize, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights; and (g) do not, without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, affiliate marketing offers, link referral codes, junk mail, “spam”, chain letters or pyramid schemes.
The Services are not intended for use by children. If you are under the age of 18, please do not use the Services or submit any personal information through the Services.
We may terminate a user’s ability to use the Services in our sole and absolute discretion and for any reason. We may terminate your use of the Services for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court or governing agency order. Our termination of any user’s access to the Services may be effected without notice and, on such termination, we may immediately bar any further access to the Services. We shall not be liable to any user or other third party for any termination of that user’s access to the Services. In the event of termination, we reserve the right to delete, or not delete, a user’s Content at our sole discretion.
The Services may provide links to other websites maintained by third parties. budboard exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, services or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold budboard and its affiliates, successors and assigns and its and their respective members, managers, partners, stockholders, officers, directors, employees and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including without limitation any claim arising out of or relating to that user’s use of the Services or his or her violation of these Terms.
Budboard does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and budboard shall have no liability whatsoever for such charges, rates or other fees.
EACH USER’S USE OF THE SERVICES ARE AT HIS OR HER SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BUDBOARD ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS. BUDBOARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BUDBOARD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SERVICES OR CONTENT ACCESSED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SERVICES AND LINKS IN CONTENT ACCESSED THROUGH THE SERVICES).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The “budboard” name and the budboard logo are registered or unregistered trademarks or service marks of budboard. All other marks, names, and logos displayed or mentioned on the Services are the property of budboard or, as applicable, the person displaying or using such mark, name or logo. Your use of the “budboard” mark or other marks, names and logos set forth on the Services without prior written consent of the applicable owner is strictly prohibited.
The Terms constitute the entire agreement between each user and budboard and govern each user’s use of the Services, superseding any prior agreements. The Terms and the relationship between each user and budboard shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions, and each party shall submit to the personal and exclusive jurisdiction of the courts located within Bernalillo County, New Mexico. The Services are controlled and operated by budboard from its offices within the State of New Mexico, United States of America. budboard makes no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access this Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between budboard and any user.
The provisions above listed under the headings “USER CONTENT”, “TERMINATION”, “LINKS”, “RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY”, “PRIVACY”, “TRADEMARK INFORMATION” and “GENERAL INFORMATION” shall survive any termination or expiration of these Terms with respect to you.
These Terms were most recently updated as of the date first set forth above. If you would like to view prior versions of our terms and conditions, if any, so that you can view changes, additions and deletions, or if you have any other questions about these Terms, please contact us through the “Contact” or similar page of the Site or other applicable portions of the Services.