We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of The Report service indicates your acceptance of the amended User Agreement.
The Report will only refund credit where applicable at the discretion of New Business Bureau and will not refund cash.
Without limiting any other section of this User Agreement, The Report may penalize users for use conduct in any way that New Business Bureau deems inappropriate including, but not limited to, blocking the user’s account.
USE OF SERVICE
Your use of The Report is governed by this User Agreement. New Business Bureau may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. The Report cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree that New Business Bureau may, with or without cause, immediately terminate your Report account and access to its website without prior notice. Without limiting the foregoing, the following will lead to a termination by New Business Bureau of a user’s use of The Report website and service:
• breaches or violations of this User Agreement or other incorporated agreements or guidelines,
• requests by law enforcement or other government agencies,
• unexpected technical issues or problems, and
• extended periods of inactivity.
Termination of your Report account includes removal of access to all offerings within The Report website and may also bar you from further use of The Report. Furthermore, you agree that all terminations shall be made in the sole discretion of New Business Bureau and that New Business Bureau shall not be liable to you nor any third-party for any termination of your account or access to The Report.
You understand and agree not to use The Report to:
• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable to New Business Bureau.
• Use The Report for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) unless it is in the public domain.
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk,” “duplicates,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Upload, post, email, transmit or otherwise make available any material using any name that New Business Bureau disapproves of or believes to be fraudulent.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through The Report.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field or putting a company name in the user’s name field.
• Interfere with or disrupt The Report website or servers or networks connected to The Report, or disobey any requirements, procedures, policies or regulations of networks connected to The Report.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
INFORMATION PROVIDED ON THIS WEBSITE
In addition to providing original content, the Report website and service aggregates and comments upon news and information from other sources.
You understand that any aggregated news or information publicly posted or privately transmitted through The Report service is the sole responsibility of the person, source and/or news organization from which such content originated and that New Business Bureau will not be liable for any errors or omissions in any content. You understand that New Business Bureau cannot guarantee the identity of any sources with whom you may interact in the course of using The Report website. Additionally, we cannot guarantee the authenticity and integrity of
any data which users may provide about themselves or submit to the website.
You understand that all commentary publicly posted or privately transmitted through The Report service is opinion and New Business Bureau is not liable for it’s content. You also understand that photos publicly posted or privately transmitted through The Report service are not the property of New Business Bureau and are not available for republishing.
ACCESS TO SERVICE
Use of manual or automated software, devices, or other processes to “screen scrape”, or any other act of creating a program to crawl through The Report service and extract its data is strictly prohibited unless authorization is expressly granted by New Business Bureau.
Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
In the course of providing you services, The Report may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of The Report service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through The Report service.
MONITORING AND ENFORCEMENT
While we have the right to monitor activity and content associated with The Report website and service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can email us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless New Business Bureau, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from:
• your use of The Report website and service;
• unauthorized access to or alteration of your communications with or through The Report website and service, or
• any other matter relating to The Report website and service.
Any business transactions which may arise between users from their use of The Report website and service are the sole responsibility of the users involved.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE REPORT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT STEVE RSTTI DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. NEW BUSINESS BUREAU ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. NEW BUSINESS BUREAU 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.
NEW BUSINESS BUREAU MAKES NO WARRANTY THAT (i) THE REPORT SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE REPORT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE REPORT SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE REPORT SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REPORT SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEW BUSINESS BUREAU OR THROUGH OR FROM THE REPORT SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
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.
The User Agreement constitutes the entire agreement between you and New Business Bureau and governs your use of The Report website and service, superseding any prior agreements between you and New Business Bureau.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEW BUSINESS BUREAU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE REPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL NEW BUSINESS BUREAU’S TOTAL CUMULATIVE DAMAGES EXCEED US $100.
The User Agreement between you and New Business Bureau will be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles.
Any controversy between New Business Bureau, its owners and/or employees and you as user of the site and services offered within and/ or provided within this site arising out of use of this site or services offered within this site regardless of the manner of resolution, shall be arbitrated, litigated (tried in a court of law), or otherwise resolved by a tribunal location in New York, New York.
The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement by contacting us.