Last Updated on April 13, 2022. The following terms (“Business Terms“), in addition to the Terms of Service, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have licensed products or services from BadJupiter on behalf of your business (e.g. business tools), the terms of that license apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with BadJupiter. You are not authorized to create, access, or use a BadJupiter Account if you do not agree to these Business Terms.
PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In the event of any termination of these Business Terms, whether by you or by us, these Business Terms in their entirety will continue in full force and effect.
- REQUIREMENTS, REPRESENTATIONS AND WARRANTIES
- In order to access or use the Services, you agree that:
- you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business“);
- your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business;
- you will not use the Consumer Site for business activities, including but not limited to flagging insights or messaging people who have posted content about your Business;
- your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;
- you grant BadJupiter a non-transferable, non-exclusive, royalty-free limited license to link to your public website from the Service, or allow for its display through iframes or other framing technology; and
- you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes.
- You represent and warrant that you will not, and will not authorize or induce any other party, to:
- offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of content regarding your Business, or to prevent or remove content;
- use any automated means or form of scraping or data extraction to access, query or otherwise collect BadJupiter data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by BadJupiter;
- use any BadJupiter trademark or service mark in any manner without BadJupiter’s prior written consent; or
- misrepresent your identity or affiliation to anyone in connection with BadJupiter.
- You understand and acknowledge that BadJupiter allows consumers to post Content about your Business, including photos and insights. You understand and acknowledge that BadJupiter employs automated software in an effort to showcase the most relevant and useful insights to end users. You understand and acknowledge that any purchase of paid features from BadJupiter will not influence the behavior of these automated processes or otherwise allow or enable you, directly or indirectly, to alter users’ insights or to impact whether, where, or how these insights appear on BadJupiter.
- In order to access or use the Services, you agree that:
- DISCLAIMERS AND LIMITATIONS OF LIABILITY (US and Canada residents only)
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BADJUPITER ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 12 OF THE TERMS.
The federal Communications Decency Act limits the liability of interactive computer services, like BadJupiter, for their role in publishing third-party Content, including consumer insights.
- ARBITRATION, DISPUTES, AND CHOICE OF LAW (US and Canada residents only)
FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR BADJUPITER. ANY CLAIM NOT SUBJECT TO THIS SECTION IS INSTEAD GOVERNED BY SECTION 13 OF THE TERMS.
Except for Excluded Business Claims, any controversy or claim arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account Business Site; (each such controversy or claim, a “Business Claim“), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction for any such error. “Excluded Business Claims” means Claims related to intellectual property (like copyrights and trademarks) or violations of Section 7 of the Terms of Service (Representations and Warranties).
Business Claims shall be heard by a single arbitrator. Arbitrations will be held in Tulsa, Oklahoma, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of Oklahoma. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.
NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN TULSA COUNTY, OKLAHOMA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.
YOU AND BADJUPITER AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND BADJUPITER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.