About This Website

Terms of Service Agreement

Terms & Conditions

The website (“Site”) hosted and maintained by BestMark, Inc. (“Company”, “We” or “Us”) and the information provided through the Site are governed by these Terms & Conditions (“Terms”), including the Site’s Privacy Notice. By using the Site you signify your assent to these Terms. If you do not agree to all of these Terms, do not use the Site. We may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of the Site will mean you accept these modified Terms. Your use of the Site and the information provided through the Site are subject these Terms. No Warranty. The information provided through the Site is believed to be accurate, but neither Company nor our suppliers warrant or guarantee such accuracy.

THE INFORMATION PROVIDED THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE SITE AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO OBLIGATION FOR ANY ERRORS (E.G. TYPOGRAPHICAL ERRORS) OR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE INFORMATION ABOUT OUR SERVICES, ANY OTHER INFORMATION OR THE SITE UNDER THESE TERMS. COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SITE OR THE INFORMATION ARE ACCURATE, ERROR-FREE OR RELIABLE OR THAT YOUR USE OF THE SITE OR INFORMATION WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. IF YOUR USE OF THIS SITE OR THE INFORMATION RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE INFORMATION PROVIDED THROUGH THIS SITE.

Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Ownership, IP.

The Site and all information provided through the Site, and all derivatives shall be and remain the property of Company or its content suppliers. Information includes all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. Company tries to ensure that the information on this Site is accurate and complete. You shall have no rights or interests therein except as set forth in these Terms. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site or the information provided therein.

 

Your Obligations

User Account

Company allows customers and its shoppers to create a user account as part of the acquisition of or provision of services. If you are under the age of 18, we require that you inform your parent or guardian and have their consent to open a user account. You do not need to have a user account to ask for information or to participate in any of our marketing (e.g., sign up for the newsletter); we just need your email address. Our marketing is provided on an opt-out basis. You may opt-out of receiving any marketing email or newsletter at any time by clicking on the appropriate unsubscribe link in the email. You may opt-out of any other contact at any time as specified in our Privacy Notice or through your user account. You may update your user account as specified on the Site.

Passwords/Security

You shall be solely responsible for the security, confidentiality and integrity of all messages and the information that you receive, transmit or store via the Site and/or user account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or password. You agree to bear all responsibility for the confidentiality of your password and all use of your user account using your login credentials.

Privacy

Any information you provide through any blog or comments feature on the Site should be public and non-confidential. Company will protect the privacy of information provided in your user account in accordance with our Privacy Notice.

Restrictions

Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the Site, or from any other information by any means whatsoever; (b) distribute, disclose or allow use of any of the Site’s software or information in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (c) modify or create a derivative work of the Site or the information or any portion thereof. As a visitor to the Sites, you are prohibited from posting or transmitting any threatening, obscene, libelous, unlawful or otherwise offensive material.

No Spam

You further agree that you will not upload or transmit any communications or information of any type through the Site that infringe or violate any rights of any party. You may not use the Site to send unsolicited commercial emails to any person. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

Access Limitations

You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site access requirements, all hardware, software, electrical or other physical requirements for your use of the Site, including without limitation, mobile devices, telecommunications and internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the Internet or to use the Site. You acknowledge and agree that from time to time the Site may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because the Site is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. Company is not responsible for any third party access requirements (e.g. your ISP).

 

Limitations On Liability

Damage Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION PROVIDED, WITH THE DELAY OR INABILITY TO USE THE SITE, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS SUPPLIERS OR AGENTS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR INFORMATION.

If you are dissatisfied with the Site or information, your sole and exclusive remedy shall be for you to discontinue use of the Site and information.

Links

Company may include hyperlinks on the Site to other websites or resources operated by third parties, including advertisers. Company has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available
on such external websites or resources.

 

Miscellaneous Provisions

Your Responsibility

You understand that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences including any loss or damage which Company may suffer) of any such breach. Compliance with Law. You agree that you will not use the Site for activities prohibited by applicable state, federal, international law or rules or regulations. We make no claims regarding our Sites outside of the United States. If you access the Sites from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of such jurisdiction.

Agreement

Unless you are subject to a separate agreement with Company, these Terms constitute the entire agreement and understanding among the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns. These Terms and your user account may not be assigned without Company’s express, prior written consent which may be withheld at Company’s sole discretion. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally or by respected international carrier; or (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices sent by mail shall be mailed to BestMark, Inc., 5500 Feltl Road, Minnetonka, MN 55343.

Governing Law

These Terms and the resolution of any dispute related to the terms of these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law provisions.

Last revised as of September 13, 2019. Copyright © BestMark, Inc. All rights reserved.