Terms and Conditions
The services are provided by ReviewCopia (hereinafter referred to as “ReviewCopia”), a wholly owned and proprietary web based business application of Scardello and Associates LLC (hereinafter referred to as “SA4i”), a Texas LLC internet technologies company with offices located at 20333 State Highway 249, Suite 450, Houston, Texas 77070-2643.
Sa4i offers a 100% money back satisfaction guarantee. For details, see Section 10.1 herein.
1. ACCESS AND USE OF THE SERVICES
1.1. Access to the Services
1.1.1. These general terms and conditions of use (“General Terms and Conditions of Use”) shall govern the use of ReviewCopia and related platform (“Website”), which belongs to SA4i. The purpose of Website is to assist subscribers with the acquisition of 5 STAR reviews online and other related services.
1.2. Agreement to the General Terms and Conditions of Use and, where appropriate, the Specific Conditions shall apply.
1.2.1. By accessing the Services, you, the User Subscriber and Subscriber, agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the Website, or any of its related services.
1.2.2. Some of the above-mentioned Services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the Services offered on the Website at any time, shall be referred to as “Specific Conditions”.
1.2.3. In addition, SA4i informs the User Subscribers of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. Therefore, SA4i will provide the User Subscriber with reasonable prior notice of any change. If the User Subscriber does not want to agree to any changes made, the User Subscriber should stop using the Website, because by continuing to use the Services the User Subscriber would knowingly indicate their agreement to be bound by the updated terms.
1.3. Services Use. Legal age
1.3.1. The User Subscriber declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User Subscriber also commits to use the Services and the information contained therein properly, and to comply with any given applicable regulation.
2. REVIEWCOPIA ACCOUNT AND REGISTRATION
2.1. Registration and use of electronic signature
2.1.2. The User Subscriber must activate a User Subscriber name and password in order to fully use and enjoy the Services. This identification system shall have the status of electronic signature of the User Subscriber in every way when dealing with SA4i and the rest of the User Subscribers of the Services (“Electronic Signature”).
2.1.3. The Electronic Signature of each User Subscriber shall be personal and non-transferable. The User Subscriber is obliged to inform SA4i of any changes to his or her personal data and is responsible for preventing unauthorized access and/or use of the Electronic Signature by a third party on his or her behalf. In addition, the User Subscriber shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.
2.2. Creating an Account
2.2.1. By creating a ReviewCopia Account, you agree to: (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) provide, if applicable, a valid payment method for paying any fees associated with the Service; (iv) use only the ReviewCopia Account you created to access the Service; (v) not allow your ReviewCopia Account to be used by anyone else to access the Service; and (vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
2.2.3. You hereby consent to the use of your activities on the Service by SA4I to optimize the availability and presentation of Content to you. In the case of a ReviewCopia account, you also hereby consent to share such activities with other User Subscribers of the Service.
2.3. Account contested by 2 or more parties
2.3.1. In the case of an account being contested by 2 or more parties, SA4I will determine whom to grant ownership of the account to in the following way:
a) Ownership of a ReviewCopia account: the ownership of a ReviewCopia account will be granted to whichever party made the most recent payment in the account, unless proven otherwise.
b) Ownership of a ReviewCopia account: the ownership of a ReviewCopia account will be granted to whichever party originally signed up for the account, unless proven otherwise.
2.4. User Subscriber responsibility in connection with Respondents
2.5. Termination of your ReviewCopia Account
2.5.1. You may terminate your ReviewCopia Account at any time by using the account termination option. If you terminate your ReviewCopia Account you may still be able to access certain portions of the Service, but you will not have access to certain features and Content that are available to ReviewCopia Account holders.
2.5.2. We may also terminate your ReviewCopia Account, or impose limits on, or restrict access to parts, or all of the Service at any time, without notice or liability. In the event your ReviewCopia Account is terminated, we will cease charging you any fees.
3. FEES AND PAYMENTS
3.1. Fees for Services
3.1.1. All Fees for Service and applicable sales taxes are billed on an annual basis only. The base fee for ReviewCopia is $239.88. The base fee includes 100 customer profiles. Additional customer profiles may be purchased at any quantity anytime. For the cost for additional customer profiles refer to your My Account page. Other services include Mobile Search Optimization and various tablet devices. Click for details.
3.1.2. SA4I reserves at any time the right to require payment of fees for certain or all Services. You shall pay all applicable fees (including any applicable sales taxes), as described on the Specific Conditions in connection to the Services you selected. SA4I reserves the right to change its price list, and to institute new charges at any time upon notice to you (i.e. on the website and/or by email).
3.1.3. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Any fees paid hereunder are non-refundable, except as provided in these General Terms and Conditions of Use, in the Specific Conditions or when required by law.
3.2. Failure to pay fees
3.2.1. Failure to pay fees (including any sales taxes) when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
4. PROHIBITED USER SUBSCRIBER CONDUCT
4.1. Prohibited activities while using the Service, you agree not to engage in any of the following prohibited activities:
a) Use, display, mirror, or frame the Service, any individual element within the Service, the SA4I, ReviewCopia, Yext, Apple, or Android name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without SA4I’s express written consent.
b) Access the Service by any means other than through interfaces provided by ReviewCopia and as otherwise expressly authorized under these Terms of Service.
c) Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SA4I or any of our providers or any other third party (including another User Subscriber) to protect the Service.
e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
f) Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service, through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SA4I, or other generally available third-party web browsers or search engines.
g) Send any unsolicited or unauthorized spam email.
h) Use any meta tags or other hidden text or metadata utilizing the Service or a SA4I trademark, logo, or URL without SA4I’s express written consent.
i) Interfere with, or attempt to interfere with, the access of any User Subscriber, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
j) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your SA4I Account) or your access to or use of the Service.
k) Collect or store any personally identifiable information from other members of the Service without their express permission.
l) Stalk or otherwise harass another person or entity.
m) Impersonate or misrepresent your affiliation with any person or entity.
n) Violate any applicable law or regulation.
o) Without limiting any other provision of these Terms of Service, allow any other person or entity to use your SA4I Account.
p) Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
4.2. No reverse engineering in particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules, or other protection measures applicable to the SA4is, Services or Contents.
5. SOCIAL MEDIA AND THIRD-PARTY PLATFORMS
5.1. Sharing through Social Media and all third-party platforms
5.1.1. The Service may include functionality that allows you to access and post content to Social Media and any third-party platforms regarding your activities on the Service. If you choose to use this functionality, SA4I may: (i) have access to certain information that you make available through the applicable Social Media or third parties platforms and that the applicable Social Media or third-party platform has made available to SA4I; or (ii) post status messages, notes, photos, videos and other materials to the applicable Social Media or third-party platform on your behalf.
5.1.2. By connecting your ReviewCopia Account with your account on a Social Media or third-party platform, you grant us permission to access and use the information that you make available through the applicable Social Media or third-party platform and that the applicable Social Media or third-party platform has made available to SA4I, in accordance with the privacy or other settings that are applicable to your Social Media or third-party platform account. For more information on how you can manage the information provided to SA4I by the applicable Social Media or third-party platform, please review the privacy settings applicable to your Social Media or third-party platform account.
5.1.3. Social Media or third-party platforms are not partners or representatives of SA4I and SA4I is not responsible for the acts or omissions of any Social Media or third-party platform in connection with your account with the applicable Social Media or third-party platform.
5.2. Compliance with Social Media or third-party platform Policies
6.3. Personally Identifiable Information
6.3.1. Personally Identifiable Information is any information that concerns you individually and would permit someone to contact you, for example, your name, address, telephone/fax number, email address or any information you submit to ReviewCopia that identifies you individually.
6.3.2. This website will not collect any personally identifiable information about you unless you provide it. Therefore, if you do not want us to obtain any personally identifiable information about you, please do not submit it to us. You can visit and browse the ReviewCopia website without revealing personally identifiable information about yourself. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. This website may collect personally identifiable information about you by methods such as the following:
- Registration Forms – If you are offered the opportunity to enter a promotion, to become a registered user of ReviewCopia, or to opt-in to receive ReviewCopia information through another site, you must apply by filling out the registration form on the site. This form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number, areas of interest, product usage, and/or a unique individual password.
- Transactions and Activity – If you become a registered user or if you conduct transactions through this website, we will collect information about the transactions you engage in while on the website and your other activity on the site. This information may include, without limitation, areas of the website that you visit, transaction type, content that you view, download or submit, transaction amount, payment, and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.
- Email and other voluntary communications – You may also choose to communicate with us through email, via our website, by telephone, in writing, or through other means. We collect the information in these communications, and such information may be personally identifiable.
6.4. Non-Personally Identifiable Information
6.4.1. When you visit the ReviewCopia website, like when you visit most other websites, certain anonymous information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the internet (such as “aol.com” or “earthlink.net”), the date and time you access the site, the pages you access while at the ReviewCopia website, and the internet address of the website, if any, from which you linked directly to the ReviewCopia site. This information is not personally identifiable.
6.5. Information Use
6.5.1. ReviewCopia may use the personally identifiable information collected through its website primarily for such purposes as:
- helping to establish and verify the identity of users;
- opening, maintaining, administering and servicing users’ accounts or memberships;
- processing, servicing or enforcing transactions and sending related communications;
- providing services and support to users;
- improving the website, including tailoring it to users’ preferences;
- providing users with product or service updates, promotional notices and offers, and other information about ReviewCopia and its affiliates;
- responding to your questions inquiries, comments and instructions;
- maintaining the security and integrity of its systems.
6.5.2. ReviewCopia uses the anonymous browsing information collected automatically by its servers primarily to help it administer and improve its website. ReviewCopia may also use aggregated anonymous information to provide information about its website to potential business partners and other unaffiliated entities. Again, this information is not personally identifiable.
6.6. Disclosure of Information
6.6.1. ReviewCopia does not provide personally identifiable information to unaffiliated third parties for their use in marketing directly to you. ReviewCopia may use unaffiliated companies to help it maintain and operate its website or for other reasons related to the operation of its business, and those companies may receive your personally identifiable information for that purpose. ReviewCopia may also disclose personally identifiable information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law.
6.7. Children’s Privacy
6.7.1. This website is directed toward and designed for use by persons aged 18 or older. ReviewCopia will not approve applications of, or establish or maintain registrations for any child whom ReviewCopia knows to be under the age of 18. ReviewCopia does not solicit or knowingly collect personally identifiable information from children under the age of 18. If ReviewCopia nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom ReviewCopia otherwise has reason to believe is, under the age of 18, ReviewCopia will delete such information from its systems. Additionally, a child’s parent or legal guardian may request that the child’s information be corrected or deleted from our files by requesting this via our Contact Us page.
6.8. “Cookies” and Advertisers
6.8.1. The ReviewCopia website’s server, or the servers of companies that are used to operate this site, may place a “cookie” on your computer in order to allow you to use the website and to personalize your experience. A “cookie” is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer’s hard drive. Cookies allow us to recognize your computer while you are on our website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website.
6.8.2. Most web browser applications (such as Microsoft Internet Explorer and Netscape Navigator) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of this website.
6.9. External Links
6.10.1. ReviewCopia maintains physical, electronic, and procedural safeguards to help guard personally identifiable information. If transactions are offered on the site, transaction information is transmitted to and from ReviewCopia in encrypted form using industry-standard Secure Sockets Layer (SSL) connections to help protect such information from interception. ReviewCopia restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. Please be aware, however, that any email or other transmission you send through the internet cannot be completely protected against unauthorized interception.
6.11.1. In order to provide service to you, we may send you communications related to your transactions, security or the administration of its website. From time to time, ReviewCopia and its affiliates may also wish to send you other messages or updates about our website, ReviewCopia, our affiliates, or their promotions and other activities. If you do not wish to receive non-transaction/security related communications from ReviewCopia and its affiliates, please send an email to us.
6.12.1. ReviewCopia reserves the right to modify or supplement this policy at any time. If a material change to the terms of this policy is made, ReviewCopia will post a notice on its homepage and a link to the new policy.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
7.1. All Website contents other than User Subscriber Content (including but not limited to databases, images, photographs, patents, utility and industrial models) are the property of SA4I or its content providers, in which case those contents have been licensed to SA4I, and they are protected by the laws of the United States or international regulations governing industrial and intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Website is exclusively owned by SA4I and is protected by the applicable laws governing industrial and intellectual property.
7.2. All the software utilized for the use and development of the Services is the property of SA4I or its software providers, and is protected by the laws governing industrial and intellectual property.
7.3. All brands, labels, distinguishing symbols or logos that appear on the Services are the property of SA4I and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.
7.4. All texts, graphs, drawings, videos or audio supports are the property of SA4I or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User Subscriber or a third party without the express authorization of the owners of such contents.
7.5. The fact that SA4I makes available to the User Subscribers the information, databases, images, photographs, patents, utility and industrial models, drawings, graphs, text files, audio files, video files and software owned by SA4I or its content providers that appear in the Services, does not mean, in any case, the assignment of their ownership or any right of exploitation in favor of the User Subscriber, other than the rightful use of the Services consistent with its purpose.
7.6. It is strictly prohibited to use the contents of the Services without the authorization of SA4I. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of SA4I’s intellectual property rights, and shall be punished according to applicable laws.
8. USER SUBSCRIBERS CONTENT
8.1. The User Subscriber accepts that the Services may display content provided by others that is not owned by SA4I. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. SA4I is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
8.2. The User Subscriber acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, SA4I may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. SA4I reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User Subscriber accepts that SA4I has no obligation to monitor or review any content submitted to the Services.
9. LINKS TO THIRD PARTIES
9.1. SA4I may, when applicable, embed ReviewCopia on third-party web pages or platforms, and publish links in its Services to internet websites maintained by third parties. SA4I assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that SA4I supports, promotes, guarantees or recommends the linked websites or platforms.
9.2. Likewise, any third party who wishes to link its website to the ReviewCopia must obtain the express written consent of SA4I. In any case, SA4I does not assume any liability derived from the connection to or the contents of third parties’ hyperlinked websites to the Website.
10. DISCLAIMER OF WARRANTIES
10.1. THE REVIEWCOPIA SYSTEM INCLUDES A 100% SATISFACTION GUARANTEE. IF FOR ANY REASON THE USER SUBSCRIBER FAILS TO OBTAIN 5-STAR REVIEWS WITHIN 30-DAYS OF REGISTRATION AND WISHES TO DISCONTINUE USING REVIEWCOPIA, UPON REQUEST, SA4I WILL PROMPTLY ISSUE A FULL 100% REFUND OF THE INITIAL ANNUAL SUBSCRIPTION PURCHASE PRICE OF THE REVIEWCOPIA SYSTEM PLUS ANY APPLICABLE SALES TAXES. USE OF REVIEWCOPIA SYSTEM AS DESCRIBED MUST BE FOLLOWED TO BECOME ELIGIBLE FOR THE REFUND. UPON REQUEST OF THE 30-DAY MONEY BACK GUARANTEE AND SUBSEQUENT TERMINATION OF THE USER SUBSCRIBER ACCOUNT, ALL DATA COLLECTED WILL BE PERMANENTLY DELETED FROM REVIEWCOPIA. PURCHASE OF ADDITIONAL CUSTOMER PROFILES, POINT OF SALE DEVICES OR SEO SERVICES ARE NOT ELIGIBLE OR PART OF THE 30-DAY MONEY BACK GUARANTEE.
10.2. EXCEPT AS SPECIFICALLY STATED IN 10.1 HEREIN, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SA4I AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND ALL OWNERS OF THE CONTENT (COLLECTIVELY, THE “SA4I PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SA4I PARTIES DO NOT WARRANT THAT USE OF THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE CONTENT WILL BE CORRECTED, THAT THE SERVICE OR CONTENT OR THE SERVERS THAT MAKE THE SERVICE AND THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OF THE SERVICE OR THE CONTENT ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
10.2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE SA4I PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR TRANSFER ANY CONTENT OR PERSONALIZATION SETTINGS.
11. LIMITATION OF LIABILITY
11.1. YOU UNDERSTAND AND AGREE THAT THE SA4I PARTIES WILL NOT BE LIABLE TO YOU FOR ANY 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 A SA4I PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE CONTENT.
12. SUSPENSION OF ACCESS
12.1. Please report problems and policy violations to us immediately. We reserve the right, but have no obligation, to remove any Content from the Service at any time in our discretion.
12.2. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and SA4I Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep User Subscribers from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other User Subscribers).
13.1. You agree to indemnify and hold the SA4I Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.
14. APPLICABLE LAW AND JURISDICTION
14.1. The access to and use of the Services shall be governed and construed in accordance with the laws of the United States of America.
14.2. Any dispute that may arise from or in connection to SA4I and the Services User Subscribers shall be settled in the State of Texas, Harris County. To this end, the parties expressly renounce their own jurisdiction and submit to the jurisdiction of the State of Texas, Harris County.
15. SA4i PAYMENT TERMS
The following constitutes additional Terms and Conditions of payment of use of the ReviewCopia and related services.
15.1. INVOICING AND PAYMENT All Services will be invoiced in advance with annual frequency.
15.2. CONTRACT CANCELLATION As has been mentioned, the cancellation of the contract may be carried out at any time by accessing the section “My account”, although SA4i will not refund any amount nor grant any credit for contracts that are cancelled before reaching their end date.
15.3. PAYMENT METHOD The User Subscriber must make payment through a credit or debit card. SA4i states that it has no access to sensitive data related to the payment method used by the User Subscriber, nor does it store said information. The User Subscriber is responsible for ensuring their credit card data is up to date, and may communicate any changes through the “My account” section. If a payment cannot be processed, the User Subscriber is informed that their contract may be cancelled by SA4i.