Terms of Service
By using this platform, you (hereinafter “Customer” or “You”) agree to the most current Terms of Service (“Terms”). The Terms may be changed, without notice, from time to time. By using this service, You agree to the most current Terms.
Monthly Service Octpas (“Company”) publishes various reviews left by users of this service. When users post a review on Company’s platform, the users grant Company a perpetual, royalty-free, assignable, and transferable license to use the review.
You agree to a non-refundable monthly service fee to Company for formatting and publishing reviews in a manner that other users and potential patrons of Your business can read the reviews.
The monthly service fee shall be payable in advance via automated monthly service payment. The minimum commitment shall be one (1) month and shall continue monthly until either party submits a 30-day written cancellation notice.
You can designate a section on your website where Company will automatically populate reviews for users and potential patrons to read. Company’s software designers will work with You to integrate reviews into Your website.
As between You and Company, Company owns all rights to the posted reviews. If the service is discontinued, Company may remove the platform and reviews. Company can also post the reviews on its website for users to read.
Users who leave reviews on Company’s site agree that the reviews are accurate and authentic. Users agree not to leave false reviews. However, You understand and agree that Company does not guarantee the accuracy or authenticity of any reviews. Company has the discretion to remove reviews it believes are not accurate or authentic but does not guarantee the truthfulness of the reviews.
Company may post a full or partial review, shorten a review, reformat a review, or edit a review for grammar or typographical purposes.
You understand that You are not entitled to any compensation for reviews posted about Your business.
Company’s Sole Discretion to Remove Reviews Company has the sole discretion to remove reviews if it believes, in Company’s sole discretion, that the review:
- Is offensive,
- Involves bullying,
- Is discriminatory,
- Contains violent content,
- Was drafted by a company, AI, or other automated technology,
- Includes private information of third parties,
- Violates copyright or trademarks of third parties, or
- Should be removed for any other reason at Company’s sole discretion.
If You believe a review is fake, defamatory, threatening, or otherwise inappropriate for the reasons stated above, You may bring the review to Company’s attention, and Company will have the sole discretion to remove the review.
Disputes Before either party files a lawsuit, it must allow the other party to mediate the dispute through JAMS or AAA. If the parties do not reach an agreement after an attempt to mediate the matter, the sole jurisdiction that can adjudicate the dispute rests in the state or federal courts in Arizona.
Attorney Advice You agree that You have had the opportunity to consult an attorney regarding this agreement before purchasing the Company’s monthly service.
Disclaimer
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE LIABILITY OF COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SERVICE AND SERVICE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT COMPANY MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD-PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. COMPANY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, COMPANY IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE THAT MIGHT ARISE FROM THE SERVICE’S INOPERABILITY, DEVICE IMPAIRMENT, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS, OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICE.
For questions or concerns, contact us at Info@octpas.com or call 480-685-0398.
