BESTofShowShop.com Terms and Conditions
BESTofShowShop.com Terms and Conditions
Welcome to BESTofShowShop.com the 24/7, 365 days a year, online showroom.
ACCEPTANCE OF TERMS AGREEMENT
Access and Retention. A link to this Agreement will be found on the BEST homepage. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
ELIGIBILITY. You must be at least eighteen (18) years of age to register and/or create a profile/account with BEST or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
VENDOR COMMISSION/HOSTING TERMS & PROFILE CREATION (FOR VENDORS). If you want to create a profile and offer/sell products on the BEST website and become a BEST listed Vendor, you must acknowledge and agree to our Vendor Commission/Hosting Terms and truthfully and accurately fill out all required information during sign up. When you create a profile and upload content to the
Website, you agree to grant BEST a non-exclusive, non-commercial license to use and display such content. Furthermore, you authorize BEST to access and copy materials (including photographs, videos, product reviews and descriptions, texts and other audio/visual works) that are located on Vendor’s websites and/or social media pages in order to display such materials on the BEST Website in connection with the promotion of Vendor and its products/services. You are responsible for the accuracy and content of your profile. We strive to create a marketplace where Buyers/Customers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors. BEST reserves the right to terminate your profile or access to the Website for any reason (see Termination of Use below).
FEES/PAYMENT METHODS/TAXES. BEST charges service fees per online transactions, as well as setup/hosting fees. BEST establishes the amount of such fees directly with Vendors. Vendor agrees to pay all applicable fees for our services. We may change our fees from time to time by notifying Vendors of such changes in advance. BEST utilizes Authorize.Net (https://www.authorize.net/) and third party companies to handle credit card, payment and bank account transactions between Vendors and Customers. BEST is not responsible for such transaction. No sensitive payment information (e.g. credit card numbers, bank account numbers, etc.) is stored on our servers. Therefore the burden of PCI Compliance rests solely on Authorize.Net. Since each transaction and the actual purchase agreement is directly between the users of this website, BEST is not responsible for paying any taxes related to such transaction. It is your sole responsibility to determine and pay any taxes (sales tax or otherwise) that may be relevant.
REFUNDS/DISPUTE POLICIES. If Customer is dissatisfied with products it has purchased from Vendor or contests any charges, Customer must notify in writing both Vendor and BEST within five (5) business days of Customer’s receipt of such products. Since each transaction and the actual purchase agreement is directly between the users (i.e. Vendors/Sellers and Customers/Buyers), BEST is not responsible for refunds or disputes that may occur between such users. Disputes will be the sole responsibility of the users to resolve. BEST may provide a Vendor’s contact information for communication between the disputing parties to facilitate resolution, but has no liability for unresolved issues. You agree to allow BEST to release your contact information to facilitate settlement of order discrepancies and disputes. You acknowledge that any chargebacks are governed per the terms of Authorize.Net or the relevant card brand. Should either party, Vendor or Customer, feel that they need assistance with a dispute being resolved, they may submit an appeal with BEST. Appeals will be analyzed within seven (7) business days. Appeals may, or may not result in refund or replacement of products.
BEST’S ROLE/NO ADVICE. Your interactions with Vendors and/or Customers found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. The information provided on this Website is for reference use only, and does not constitute the rendering of legal, medical, financial, or other professional advice or recommendations by BEST. BEST expresses no opinion as to the quality or reliability of Vendors or the products they offer, including information contained in profiles or otherwise listed on this Website. Nothing on the Website is a comment on the legitimacy, suitability or quality of the Vendor’s products or information provided. BEST has no control over and does not guarantee the existence, quality, safety or legality of products offered or advertised; the truth or accuracy of Vendor, Customer or other user content or listings; the ability of Vendors to provide the products offered; the accuracy of the information provided by Vendors; or that a Vendor or Customer will actually complete a transaction. Before relying on and accepting any information you've read about on BEST, you should confirm with the Vendor any information that is important to you. BEST does not conduct any background checks on the Vendors or any users of this Website or verify the information contained on Vendor profiles.
ACCEPTANCE OF RISKS. You are solely responsible for making any decisions regarding the evaluation and selection of Customers, Vendors or and transactions related to the purchase/sale of products. You expressly acknowledge that you are making all of your own decisions in connection with such transactions and that BEST is not making recommendations with respect to products offered or with respect to any information you disclose or communications that you make on this Website. You also expressly acknowledge that you are subject to a variety of risks related to third party transactions and information that you post or share, which risks are beyond the control of BEST, and you expressly acknowledge that BEST is not liable or responsible for those risks, for which you have sole responsibility. You agree to take all necessary precautions in all interactions with Vendors, Customers or
any other users of this Website, particularly if you decide to communicate off the Website or meet in person, or if you decide to purchase products or send money to such individual/entity.
WEBSITE CONTENTS. The content of the Website is intended for informational purposes only. Although BEST exercises reasonable efforts to ensure quality and accuracy, occasionally information on the Website may contain typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing and/or availability. BEST reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). BEST assumes no liability or responsibility for any errors or omissions. You are solely responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice, or other content available through the Website or obtained from a linked site.
We encourage you to let us know of any material on our Website that you believe to be inappropriate, false and/or inaccurate. Please forward a copy of the material in our Contact Us form along with an explanation of your concerns.
USE OF COMMUNICATION SERVICES. The Website may contain profile pages, review pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with other users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or upload content to the Website, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, vulgar, obscene, indecent or unlawful topic, name, material or information.
Use language or content that discriminates based on race, creed, age, color, religion, gender, marital status, national origin, income level, physical or mental disability, sexual orientation or any other form of discrimination.
Language or content that is generally inappropriate, inaccurate, in poor taste or otherwise contrary to BEST’s values and mission.
Upload files or content that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any content or file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
BEST has no obligation to monitor the Communication Services. However, BEST reserves the right to review materials posted to a Communication Service and to remove any materials/content in its sole discretion. BEST reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BEST reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BEST's sole discretion.
BEST reminds you that certain information is private and is protected by federal and state privacy and security laws. Your comments or posts on the Website or in any Communication Service will be viewed by the general public, and your comments and posts, and any information that you share, will no longer be private. As such, we request that you refrain from disclosing any personal, medical or financial information that you do not wish to be shared or seen by the public. Additionally, please do not post any personal, medical, financial or other confidential information about another person or entity without their approval.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BEST does not control or endorse the content, messages or information found in any Communication Service and, therefore, BEST specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to BEST, you are communicating electronically. You thereby consent to receive communications from BEST electronically. BEST will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with BEST and creating a profile/account, you consent to receive newsletters, emails, promotions, social media communications and other advertisements from BEST or its partners.
You may opt-out of receiving promotional newsletters from BEST by doing one of the following:
If you originally signed up for BEST newsletters, please email us at [email protected].
PASSWORD/ACCOUNT SETTINGS. When you create a profile and register with BEST, you will also be asked to choose a password for purposes of accessing the Website, creating profiles, conducting transactions and communicating through this profile/account. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to (a) immediately notify BEST of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BEST will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
INTELLECTUAL PROPERTY AND LICENSE/SITE ACCESS. BEST owns and retains all proprietary rights in the Website (except as provided below). Except for Submissions (as defined below) or as otherwise expressly noted, all products, articles, databases, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights,
titles and interests in and to which are owned by or licensed to BEST or its licensors/suppliers. All software used on this Website is the property of BEST or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
The marks “BEST OF SHOW”, “BESTOFSHOWSHOP.COM” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of BEST in the U.S. and/or other countries. BEST's trademarks and trade dress may not be used in connection with any product or service that is not BEST's, in any manner that is likely to cause confusion among Vendors or Customers, or in any manner that disparages or discredits BEST. All other trademarks not owned by BEST that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BEST. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by BEST.
MATERIALS PROVIDED TO BEST OR POSTED AT THE BEST WEBSITE. BEST does not claim ownership of the content/materials (including photographs, videos, product reviews and descriptions, feedback, testimonials and suggestions) that (1) you provide to BEST; (2) you post, upload, input or submit to the Website; or (3) that you authorize BEST to obtain/copy from Vendor’s websites or social media pages (collectively “Submission” or "Submissions"). However, by posting, uploading, inputting, providing, submitting, or permitting BEST to obtain your Submission you are granting BEST, its affiliated companies and necessary sublicensees, a perpetual, irrevocable, world-wide, royalty-free license to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name, portrait, photograph or likeness in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. BEST is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BEST's sole discretion.
By posting, uploading, inputting, providing, submitting, or permitting BEST to obtain your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LICENSE/WEBSITE ACCESS/PROHIBITED USE. BEST grants you a limited license to access and make personal use of the Website. BEST does not allow you to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of BEST. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any content, including, but not limited to, products, descriptions, or prices; any derivative use of this Website or its data or contents; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The content of the Website, the Website as a whole and the software are intended solely for use by you and other users of the Website. You may not: (a) modify or create any derivative work based on the data or content or use the data or content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the content; (c) transfer the data or content to another person; or (d) reproduce the data or content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the data or content or software. BEST reserves all rights not expressly granted herein.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Website, you warrant to BEST that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
META TAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. BEST expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of BEST’s trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of BEST is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or in writing as required by BEST.
LINKS TO THIRD PARTY SITES. BEST or third parties may provide links to other World Wide Websites or resources. Because BEST has no control over such sites and resources, you acknowledge and agree that BEST is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BEST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. BEST does not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. BEST is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
WARRANTY LIMITATION. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT BEST (INCLUDING OWNERS, MEMBERS, MANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS OF BEST) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, INFORMATION PROVIDED, OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BEST ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BEST DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, BEST HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THE QUALITY OF ANY PRODUCTS OR SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE FACT THAT BEST IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE, OR LISTING THIRD PARTY INFORMATION, ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF ANY KIND.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY. IN NO EVENT SHALL BEST OR ANY OF ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF BEST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BEST MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE, OR ANY INFORMATION OR SERVICE OFFERED THROUGH THE WEBSITE IS APPLICABLE AND APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE THE UNITED STATES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BEST'S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BEST FOR THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (i.e. VENDORS OR CUSTOMERS). YOU UNDERSTAND THAT BEST CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS CUSTOMER/VENDORS. BEST ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR REPRESENTATIONS OF ITS USERS/VENDORS/CUSTOMERS.
INDEMNIFICATION. You agree to indemnify and hold BEST, its owners, members, managers, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claims, actions, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your Submission, (2) your use of the Website in violation of this Agreement; and/or (3) any use of this Website.
FORCE MAJEURE. BEST shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond its control. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of BEST, breach of this Agreement by users, and any other events reasonably beyond the control of BEST.
TERMINATION OF USE. You agree that BEST may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefor, your right to use the Website immediately ceases, and you acknowledge and agree that BEST may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. BEST will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken in connection with such termination or suspension. These Terms will survive any termination.
By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the transactions occurring on this Website, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
PREVAILING PARTY. In any action to enforce these Terms, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled. Any cause of action brought by you against BEST or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
ASSIGNMENT. You may not assign your rights and obligations under these Terms to any third party, and any purported attempt to do so will be null and void. BEST may freely assign its rights and obligations under these Terms.
RELATIONSHIP. By using this Website, creating a profile/account or otherwise engaging in transactions on this Website, no employment or agency relationship between you and BEST exists or is implied.
SEVERABILITY. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
WAIVER. Any failure by BEST to enforce or exercise any provision of these Terms or related rights will not constitute a waiver of that right or provision.
CAPTIONS. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
COPYRIGHT AGENT. BEST respects the intellectual property rights of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes infringement on the Website, please provide the following information to BEST’s Copyright Agent:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
BEST’s Copyright Agent
c/o Copyright Agent
7491 N Federal Hwy
Boca Raton, FL 33487
Email: [email protected]
Attn: Copyright Agent
Please contact us with any questions regarding this Agreement.