Term of Use

Last updated: July 10, 2023

1. IMPORTANT NOTICE: YOUR USE OF THE SERVICES (DEFINED BELOW) INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE SERVICES.

AGREEMENT TO TERMS: This document contains the terms and conditions that govern your (“you” or “user”) use of the BestChoice.guide (“Website” or “We”), along with its content, features, and services (collectively referred to as the “Services”). Combined with our Privacy Policy available on our Services, these constitute the “Terms” that bind you and the Website. By using and/or accessing our Services (entirely or partially), you are indicating that you understand, accept and agree to be bound by these Terms. If these Terms are not clear to you or if you do not agree with them, you should immediately stop using the Services. We reserve the right to modify or add to these Terms at any time. Should there be any significant changes, we will notify you via email or a prominent notice on our website. You should periodically revisit our Services to stay informed about any modifications to the Terms. Your continued usage of our Services after these modifications signifies your acceptance of the changes. If you are not comfortable with the entirety of these Terms, you are advised not to use our Services.
ARBITRATION NOTICE: PLEASE NOTE THAT SECTION 13 CONTAINS AN ARBITRATION CLAUSE. WITH THE EXCEPTION OF CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 13, YOU AND THE WEBSITE AGREE TO SETTLE ANY DISPUTES THROUGH MANDATORY BINDING INDIVIDUAL ARBITRATION. YOU AND THE WEBSITE ALSO WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. LICENSE

2.1 GRANT OF LIMITED LICENSE TO ACCESS THE SERVICES. Provided you agree to and comply with the terms and conditions herein, the Website grants you a personal, non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable, and limited license to access and use the Services for non-commercial purposes. This license remains in effect until it’s terminated based on the terms set forth here.

2.2 USAGE RESTRICTIONS. The Services are intended for your personal, non-commercial use only. You affirm that you are at least eighteen (18) years old. Except as explicitly allowed herein, you agree not to:

Sell, license (or sub-license), lease, assign, transfer or otherwise pledge your rights under these Terms to a third party;
Transfer, distribute, scrape, duplicate any part or the entirety of the Services and/or Website’s Intellectual Property Rights (IPR, as defined later) or utilize the Services as a service bureau;
Reference the Services via framing or deep-linking;
Use the Services in any jurisdiction where they are illegal or would subject the Website or its affiliates to any registration requirements within such jurisdiction;
Use or incite others to use the Services for illegal, harmful, or offensive purposes;
Upload or transmit any harmful, infringing, illegal, disruptive, or destructive content, messages, or files, including viruses and spyware;
Access the Services or use any unauthorized tools with the Services, including but not limited to data mining robots, similar automated means, or data gathering and extraction tools, especially with the intention to extract any part of the Services for re-utilization;
Send, distribute, publish, or enable the transmission of unsolicited ads, spam, inappropriate, misleading, fraudulent, defamatory, offensive, or otherwise illegal content or any content that infringes the Intellectual Property Rights of third parties or their privacy rights;
Copy, modify, translate, reverse engineer, decompile, disassemble (unless the law specifically prohibits such restriction), or make attempts to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof;
Try to gain access to other users’ private information in any way;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
Create false personas, multiple identities, register an account for someone other than yourself, or create another account after your account has been disabled by us.

You bear the sole responsibility for acquiring, paying for, maintaining, and repairing all equipment, software, hardware, and services necessary for accessing and using the Services.

3. SUBMITTED CONTENT

3.1 YOUR RESPONSIBILITY FOR SUBMITTED CONTENT. You bear the sole responsibility and liability for any content you submit (referred to as “Submitted Materials”). The Website is not responsible for any component of the Submitted Materials and reserves the right, at its sole discretion, to edit or remove any Submitted Materials without notice or explanation. THE WEBSITE IS NOT OBLIGATED BY THESE TERMS TO DISPLAY YOUR SUBMITTED MATERIALS OR USE THEM IN ANY SPECIFIC WAY OR AT ALL. Please be aware that your Submitted Materials will be publicly accessible and could be promoted and further shared by the Website at its sole discretion. As such, it is advised not to include any content or information in them that you wish to remain private. The Website does not offer backup or archive services, thus, you are solely responsible for maintaining adequate backups of your Submitted Materials.

3.2 LICENSE GRANT FOR SUBMITTED MATERIALS. By providing Submitted Materials, you grant the Website a global, irrevocable, perpetual, royalty-free license to use, host, store, display, reproduce, modify, adapt, edit, publish, distribute, and fully leverage your Submitted Materials to enhance, maintain and improve the Services.

3.3 ASSURANCES AND GUARANTEES. You guarantee to the Website that your Submitted Materials:

Abide by all applicable laws, rules and regulations, the Terms, and do not violate the rights of any third party, including intellectual property rights and privacy rights,
Do not and will not contain any threatening, offensive, racist, hateful, violent, obscene, libelous, defamatory, or otherwise inappropriate content, or any commercial content,
Are and will remain free from any restrictions, third party rights, payment obligations and/or royalties (including, but not limited to, any collecting societies).

“Submitted Materials” refers to any and all materials, text, photos, videos, information, or other data that you provide and/or upload to the Services.

4. Your Account

4. You hold sole responsibility for any actions taken within the Services using your account credentials. It’s your responsibility to safeguard your credentials. If you suspect that a third party may have discovered your credentials or there has been unauthorized access to your account, you should immediately notify the Website and update your login details. We value input from our users and welcome your comments about the Services. However, please note that if you provide us with ideas, suggestions, inventions, or materials related to the Services (“Feedback”), we will:

Retain full ownership of the Feedback without any restrictions;
Not be bound by any confidentiality obligations; and
Have the unrestricted right to use the Feedback for any purpose, without owing you or any other person compensation or credit.

5. User Interaction

5.1 During interviews, certain information about our business (the “Information”) may be shared with you for the purpose of collecting feedback.

5.2 The interviews will be recorded and used solely for our internal purposes, as detailed further in our Privacy Policy, which is applicable to your interview.

5.3 We may use any feedback you provide us about our services or products without any limitations or payment obligations. You transfer all rights, title, and ownership of such feedback to us. You will not acquire any rights or licenses in any of our services or in any of our Intellectual Property (IP) through your feedback.

6. OWNERSHIP OF PROPRIETARY RIGHTS

All Intellectual Property Rights (defined below) embodied in, or connected with the Services or Feedback, including without limitation, underlying software, platforms, algorithms, application and website designs, information, services, texts, Submitted Materials, files, audio, music, videos, applications, organization, structure, specifications, application appearance, features, and any associated content. This includes any modifications, enhancements, and improvements thereof and all related Intellectual Property Rights (collectively referred to as “Website IPR”) are the property of the Website and/or its affiliates who retain all rights, title, and interest in connection therewith. These Terms do not imply any transfer or grant of rights with respect to the Website IPR or otherwise. “Intellectual Property Rights” refers to global, registered or not:

Rights related to authorship, designs, and photography, including copyrights;
Trademarks, service marks, domain names, logos, trade names, trade dress, and goodwill rights whether or not registered;
Patents, patent applications, and industrial designs;
Rights analogous to those set forth herein and any other proprietary rights related to intangible property;
Divisions, continuations, renewals, reissues, and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

7. USER WARRANTIES AND REPRESENTATIONS

You guarantee to the Website that:

You possess and will continue to possess all necessary permissions, consents, and rights required to meet your obligations and grant to the Website any rights, licenses, and consents herein, including without limitation in respect to the Submitted Material;
You and your use of the Services will abide by all relevant laws, rules, regulations, and statutes.

8. PRIVACY

The Website’s privacy practices are governed by the Website’s privacy policy, the most updated version of which can be found on the Services (“Privacy Policy”).

9. DISCLAIMERS

AGREEING TO UTILIZE THE SERVICES AND/OR THE WEBSITE IPR INDICATES THAT YOU DO SO AT YOUR OWN RISK. THE SERVICES AND THE WEBSITE IPR, INCLUDING BUT NOT LIMITED TO, ARE OFFERED “AS IS” WITHOUT ANY GUARANTEES, EITHER EXPLICIT OR IMPLIED. WEBSITE FULLY DISCLAIMS ALL WARRANTIES, EITHER EXPLICIT OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

THE WEBSITE DOES NOT GUARANTEE THAT THE WEBSITE IPR AND/OR SERVICES WILL BE WITHOUT INTERRUPTIONS OR ERRORS, OR THAT THESE SERVICES OR THEIR SERVER(S) ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.

THE WEBSITE DOES NOT MAKE ANY ASSURANCES REGARDING THE USE OR THE OUTCOME OF THE USE OF THE WEBSITE IPR OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE SOLELY RESPONSIBLE FOR ANY PRECAUTIONS YOU DEEM NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE FROM YOUR USE OR DEPENDENCE ON THE SERVICES AND/OR ANY OF THE WEBSITE IPR.

AS FOR EVERY PRODUCT CATEGORY, YOU AGREE THAT THE WEBSITE DOES NOT PROMISE OR ASSUME THE RESPONSIBILITY TO ANALYZE ALL THE PRICES AND OFFERINGS. FURTHERMORE, YOU ACKNOWLEDGE THAT THE WEBSITE’S PRODUCT RANKINGS AND SELECTIONS ARE SUBJECTIVE AND DO NOT CONSTITUTE ENDORSEMENTS OR RECOMMENDATIONS. THESE RANKINGS AND SELECTIONS ARE GENERATED BY THE WEBSITE’S ALGORITHM WHICH CONSIDERS MULTIPLE PARAMETERS SELECTED BY THE WEBSITE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WEBSITE AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE SERVICES AND/OR WEBSITE IPR, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS IS APPLICABLE EVEN IF WEBSITE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE AFOREMENTIONED, IF THE WEBSITE IS FOUND LIABLE BY ANY COMPETENT AUTHORITY, DESPITE THE ABOVE, THE WEBSITE’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED USD ($100).

SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS ARE AN AGREED UPON BASIS OF THESE TERMS AND REFLECTED IN YOUR DECISION TO ABIDE BY THESE TERMS.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Website and its stakeholders, including but not limited to its owners, managers, officers, affiliates, employees, agents, licensors and suppliers, from and against any losses, expenses, liabilities, costs, claims, damages, including legal fees and costs of litigation, that arise from or are in any manner related to your use of your account and/or the Services, your infringement of any third party rights, such as copyright, property, or privacy rights, including any third party claim regarding the Submitted Materials, and your violation of these Terms.

12. THIRD PARTY CONTENT, PRODUCTS, AND SERVICES

The Services include content, links, and references to third party services, products, and resources. Website does not control these third party offerings. Any issues regarding such services, products or resources, or any content or link associated, should be addressed directly to the respective third party service or product provider.

Links are provided purely for informational purposes, as a service, and for your convenience. Website is not responsible or liable for these links or content. If you navigate away from the Services through a link and/or view content not provided by the Website, you do so at your own risk, and Website shall not be held responsible or liable for any damages or losses incurred in connection with this. As you navigate to linked sites, applications, and content, we advise you to thoroughly read and follow their terms of use and privacy policies.

Content and materials available through the Services may be provided by third parties. No reference made in the Services to any third party content (including Submitted Materials and advertisements), product, process, service, or provider, or any product, process or service provided by a third party (“Third Party Content”), indicates endorsement, recommendation or favoring by the Website. The opinions, advice, statements, content, services, products, offers or other information expressed or made available by these third parties are those of the respective authors or distributors and do not necessarily reflect those of the Website, and the Website does not endorse, promote, recommend, or sell them in any way. Any product or service ordered relating to Third Party Content is ordered not from the Website, but from the respective third party service or product provider. Website only provides a platform for information and ease of access to third parties who market and sell such products. Website does not vet Third Party Content and makes no warranties or representations regarding, and shall have no liability for any of the aforementioned.

13. NOTICE AND TAKEDOWN

If you believe that any content included in the Services infringes on your Intellectual Property Rights, violates your right to privacy, is defamatory or otherwise illegal, please file a detailed notice of complaint with the Website using the contact details available on the Services, identifying such content and detailing the factual basis of your complaint. We will make reasonable efforts to remove the content.

14. TERMINATION

We reserve the right to terminate these Terms and/or suspend your access or use of any or all of the Services and/or Website IPR immediately, at our sole discretion and without notice. Upon termination, you must cease all use of the Services immediately. The following Sections will survive termination: 1, 2.2, 3-14.

Without detracting from any other rights and remedies available to the Website under law and/or these Terms, the Website reserves the right to limit or revoke your license and access to the Services and/or the Website IPR at any time and for any reason, including technical difficulties or violation of these Terms. If your license to use the Services expires or is terminated, the Website may, without notice, delete or deny you access to any remaining Website IPR, Submitted Materials, or metadata.

15. DISPUTE RESOLUTION, WAIVER OF CLASS ACTIONS, AND WAIVER OF JURY TRIAL

15.1 Scope of Arbitration Agreement: Any claim or dispute arising from these Terms or your use of the Services not resolvable in a small claims court will be settled through individual binding arbitration (“Disputes”), excluding disputes involving infringement or enforcement of either party’s Intellectual Property Rights (“Excluded Disputes”). Disputes concerning your privacy and publicity rights are not considered Excluded Disputes.

15.2 Rules Governing Arbitration: The Federal Arbitration Act interprets and enforces this dispute-resolution section. Arbitration will be initiated via the American Arbitration Association (“AAA”). If the AAA is unavailable, another arbitral forum will be selected by both parties. The arbitration rules of the selected forum will preside unless they conflict with these Terms. The AAA Consumer Arbitration Rules can be found at www.adr.org or by calling the AAA at 1-800-778-7879. A single, impartial arbitrator will handle the arbitration. Non-appearance-based arbitration may be used for Disputes involving less than $10,000 USD, as chosen by the claiming party. For disputes over $10,000 USD, the right to a hearing will be decided by the rules of the arbitral forum. Any court with jurisdiction can enforce the arbitrator’s award.

15.3 Non-appearance Arbitration Procedures: If non-appearance arbitration is selected, it will be conducted via telephone, online, written submissions, or a combination thereof, as chosen by the party initiating the arbitration. Personal appearance by parties or witnesses is not necessary unless mutually agreed upon.

15.4 Arbitrator’s Authority: The arbitrator will determine their own jurisdiction as well as your and the Website’s rights and liabilities. The dispute will not be combined with other matters or associated with other cases or parties. The arbitrator can approve motions dispositive of all or part of any claim or dispute and can award monetary damages and grant non-monetary relief available under the law, arbitral forum’s rules, and these Terms. The arbitrator’s award is final and binding on you and the Website.

15.5 Jury Trial Waiver: YOU AND THE WEBSITE WAIVE ANY RIGHT TO TRIAL BY JURY IN COURT, OTHER THAN FOR EXCLUDED DISPUTES. Instead, disputes will be resolved by arbitration. For any litigation regarding the enforcement or vacating of an arbitration award, YOU AND THE WEBSITE WAIVE ALL RIGHTS TO A JURY TRIAL and instead choose resolution by a judge.

15.6 Class Action Waiver: ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED INDIVIDUALLY AND NOT ON A CLASS BASIS. Claims of multiple customers or users cannot be arbitrated or litigated jointly or consolidated. If this class action waiver is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and all claims and disputes will be resolved in court as defined in Section 13(12) below.

15.7 Confidentiality: All procedures will be closed to the public and media. All evidence found or submitted during the hearing is confidential and cannot be disclosed unless required by law, court order, or written agreement between parties. This does not prevent either party from providing any information necessary to enforce this arbitration agreement, an arbitration award, or to seek injunctive or equitable relief to a court of law.

15.8 Right to Waive: Any rights and limitations in this arbitration agreement can be waived by the party against whom the claim is made. Such waiver doesn’t affect the rest of this arbitration agreement.

15.9 Opt-out: You can opt out of this arbitration agreement. If you do, neither you nor the Website can compel the other to arbitrate. You must provide written notification to opt out within 30 days of first being subject to this agreement, including your name and address, Website username and the email used to establish your Website account (if applicable), and a clear statement of your intent to opt out. Send your opt-out notice to the Website’s address listed on the Services.

15.10 Small Claims Court: Notwithstanding the foregoing, either you or the Website can initiate an individual action in small claims court.

15.11 Arbitration Agreement Survival: This arbitration agreement will remain in effect after the termination of your relationship with the Website.

15.12 Venue for Excluded Disputes: Excluded Disputes will be governed by and construed under the laws of Israel, irrespective of conflict of law principles. The parties consent to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa for Excluded Disputes.

15.13 U.N. Convention: The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded for both arbitration and court claims.

16. GENERAL

If any provision of these Terms is found to be unenforceable, it will be modified only to the extent necessary to make it enforceable. If such provision is still deemed invalid or unenforceable, it shall be considered severable from the remainder of these Terms and won’t affect their validity or enforceability.

You acknowledge and agree that the Website has the right, at any time and for any reason, to modify the Website’s Intellectual Property Rights and other components of the Services.

This constitutes the entire agreement between you and the Website concerning the subject matter here.

The Website can assign these Terms in part or in whole at its discretion. You are not allowed to assign or transfer these Terms, or any of your rights or obligations under them, to any third party without the prior written consent of the Website. Any unauthorized assignment will be null and void.

Unless stated otherwise, no provisions of these Terms shall confer rights, remedies, or benefits to any person or entity other than you and the Website. Affiliates, licensors, and service providers of the Website are considered third party beneficiaries of the limitation of liability, disclaimer, and indemnification provisions.

Failure by either party to enforce rights under these Terms or act against breaches shall not be deemed a waiver of rights for subsequent enforcement or actions against future breaches.

All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms once will not be considered a waiver of any other provision or of such provision at another time.

Any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, it is permanently barred.

“Disclaimer: We participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.”

If you have any questions or concerns about our Terms of Use, please contact us at:

Email: bestchoice.en@gmail.com