Terms and Conditions
Your use of Web Listings Solutions’s services, including the services Web Listings Solutions makes available through this website, including this website (the “Site” or the “Web Listings Solutions Site”) and any content (“Web Listings Solutions Content”) made available through this website (collectively the “Services”) is governed by these terms and conditions (the “Terms”). Please read these terms carefully before using the Services.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEB LISTINGS SOLUTIONS SITE OR SERVICES, OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR WEB LISTINGS SOLUTIONS CONTENT.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
1. LICENSE GRANTED BY WEB LISTINGS SOLUTIONS
Web Listings Solutions gives you a personal, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Web Listings Solutions as part of the Services provided to you by Web Listings Solutions. Please note that you may use this software for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of Web Listings Solutions through the Services (the content) in any way, except as permitted by the Terms.
2. USER ACCOUNTS/PERSONAL INFO
In the course of using the Services, you may be required to provide Web Listings Solutions personally identifiable information, including contact information, username, and password (“Credentials”). Web Listings Solutions handles such information with the utmost attention, care, and security. Nonetheless, you, not Web Listings Solutions, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Web Listings Solutions promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Web Listings Solutions of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Web Listings Solutions immediately.
3. USER-GENERATED CONTENT
By making available any user-generated content (“User Content”) through the Site and Services, you hereby grant to Web Listings Solutions a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content only on, through or by means of the Site and the Services. Web Listings Solutions does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents, and releases that are necessary to grant to Web Listings Solutions the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Web Listings Solutions’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Web Listings Solutions reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a takedown request from Web Listings Solutions. In the event that you elect not to comply with a request from Web Listings Solutions to take down certain User Content, Web Listings Solutions reserves the right to directly take down such User Content.
4. THIRD PARTY SERVICES/MATERIALS
You may be able to access or use third party services, resources, content or information (“Third Party Materials”) via Web Listings Solutions. By using Web Listings Solutions to find material on the Internet, you instruct Web Listings Solutions to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and Web Listings Solutions disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content via Web Listings Solutions. You acknowledge and agree that Web Listings Solutions: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials does not imply any endorsement by Web Listings Solutions of Third Party Materials or any such third party services; and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for backing up and making copies of any Third Party Material that you wish to preserve.
Compliance with 3rd Party Review site policies
Businesses using the Web Listings Solutions platform agree to adhere to the Terms of Service of all major review sites. This includes but is not limited to Google, Facebook, Yelp, and other review sites.
Review gating: Businesses using Web Listings Solutions cannot implement any form of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public. When soliciting reviews using the Web Listings Solutions platform, businesses must provide all recipients the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, and surveys.
Sites prohibiting solicitation of reviews: Businesses using Web Listings Solutions will fully comply with sites such as Yelp that prohibit review solicitation and will not misuse the Web Listings Solutions platform to bypass review sites’ policies.
Failure to comply with 3rd Party Review site policies: If a business attempts to circumvent the Terms of Service of 3rd party review sites, Web Listings Solutions will notify the business and allow them 30 days to take corrective action. Should the business fail to comply within the 30-day notice period, their account will be suspended from Web Listings Solutions.
6. THIRD PARTY SOFTWARE
The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
7. ELIGIBILITY OF USE
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
8. TCPA COMPLIANCE
To the extent required by law and as applicable to the parties, the parties shall comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”) and its implementing regulations, the Telemarketing Sales Rule, 16 C.F.R. Part 310 (the “TSR”). You will be solely responsible for complying with any messaging consent obligations under the TCPA and TSR in the course of accessing and using the Web Listings Solutions Services. You are responsible for obtaining explicit opt-in consent(s) from any and all third parties (including your customers) to send and receive SMS and/or emails using the Web Listings Solutions Services. You are liable for, and shall indemnify, defend and hold harmless Web Listings Solutions from and against any and all damages, liabilities, judgments, fees, fines, costs, and expenses (including reasonable attorneys’ fees) incurred by Web Listings Solutions arising from any claims, demands or legal actions made against Web Listings Solutions resulting from your breach of these Terms.
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No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties
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