Terms and Conditions

The following terms and conditions govern all use of the TheBestBro.com website and all content, services, features, activities, and products available at or through the website, including, but not limited to, TheBestBro.com, mobile sites, and applications (collectively, the “Services”). The Services are owned and operated by TheBestBro.com. (“TheBestBro.com”, “us” or “we”). Please carefully review these Terms of Service which, together with TheBestBro.com’s Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, which policies are incorporated by reference herein in their entirety, constitute a legally binding agreement between you and TheBestBro.com that conditions your use of the Services (this “Agreement”). By using or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. The Services are available only to individuals who are at least 16 years old.

1. Content on the Services

1.1. In General. Any opinions expressed by the contributors, authors, and moderators who post Content (as defined below) to TheBestBro.com are the personal opinions of the authors, not of TheBestBro.com, whether or not the authors are employees or contractors of TheBestBro.com. The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by TheBestBro.com or any other party.

1.2. Ownership. The Content on the Services is intended for your personal, non-commercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to, news articles, photographs, images, illustrations, audio clips, and video clips) (collectively, the “Content”) are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by TheBestBro.com or the party credited as the provider of the Content. Except as set forth in Sections 1.3 and 5.4 of this Agreement, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit any of the Content in whole or in part, without the express written consent of TheBestBro.com or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any TheBestBro.com logo or proprietary graphic or trademark without TheBestBro.com’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in TheBestBro.com and/or its Content providers or licensors. TheBestBro.com reserves any rights not expressly granted in this Agreement.

1.3. Limited License. Subject to your strict compliance with this Agreement, TheBestBro.com grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content (excluding, for purposes of this Section 1.3, Content accessed through TheBestBro.com Advanced Consulting and further excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet-enabled device, for your personal non-commercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, at TheBestBro.com’s sole discretion, and without advance notice or liability.

2. User-Generated Content

2.1. Prohibited Actions. You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive, or pornographic message, data, image, content, or program; (B) post or transmit any message, data, image, Content, or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, Content, or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material, or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of TheBestBro.com; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content. TheBestBro.com does not represent or endorse any materials you post on your sites or products. TheBestBro.com does not review, cannot review, and is under no obligation to review the material that is using the Services provided.

2.2. TheBestBro.com’s Exclusive Right to Manage the User Submissions. You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or Services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code, and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by TheBestBro.com in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable, or restrict access to or the availability of any User Submissions from the Services at any time, for any reason, or for no reason at all. TheBestBro.com reserves the right to treat User Submissions as Content stored at the direction of users for which TheBestBro.com will not exercise control except to block or remove Content that comes to TheBestBro.com’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading, or otherwise objectionable to TheBestBro.com, or to enforce the rights of third parties, or the Content restrictions set forth below in this Agreement when notice of their violation comes to TheBestBro.com’s attention. However, TheBestBro.com shall not be responsible for controlling or editing any Content, and TheBestBro.com has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling, or restricting access to or the availability of Content.

2.3. License to TheBestBro.com of Your User Submissions. You hereby grant to TheBestBro.com, and you agree to grant to TheBestBro.com, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide, and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display, or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to TheBestBro.com to your User Submissions, you also hereby grant to TheBestBro.com, and agree to grant to TheBestBro.com, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against TheBestBro.com for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.

2.4. Representations and Warranties Related to Your User Submissions. Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant TheBestBro.com the rights to it that you are granting by this Agreement, all without any TheBestBro.com obligation to obtain consent of any third party and without creating any obligation or liability of TheBestBro.com; (B) the User Submission is accurate; (C) the User Submission does not and, as to TheBestBro.com’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.

2.5. Responsibility of Users. You are entirely responsible for the content of, and any harm resulting from, your User Submissions. TheBestBro.com does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services, and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.

2.6. Non-Confidentiality of Your User Submissions. The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to TheBestBro.com (including your name, image, employer, and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that TheBestBro.com may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.

2.7. Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.

3. Links to Third-Party Websites

The Services may contain links to websites operated by third parties (“Third-Party Websites”). Access to Third-Party Websites is at your own risk, and TheBestBro.com is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third-Party Websites. These links may also lead to Third-Party Websites containing information that some people may find inappropriate or offensive. The inclusion of any links to Third-Party Websites on TheBestBro.com does not imply an endorsement or recommendation by TheBestBro.com. TheBestBro.com is not responsible for any form of transmission received from any link nor is TheBestBro.com responsible if any of these links are not working appropriately. Third-Party Websites are not under the control of TheBestBro.com and TheBestBro.com makes no representations or warranties of any kind regarding such Third-party Websites. TheBestBro.com shall have no liability for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Website.You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third-Party Websites, and these Third-Party Websites are not governed by this Agreement.

4. Copyright or Intellectual Property Infringement Notification

If you believe in good faith that material or Content available on TheBestBro.com infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify TheBestBro.com in accordance with TheBestBro.com’s Copyright or Intellectual Property Infringement Notification Policy. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.

5. Operation of the Services

TheBestBro.com reserves complete and sole discretion with respect to the operation of the Services. TheBestBro.com may, among other things: (A) make available to third parties information relating to the Services and their users, subject to the Privacy Policy; and (B) withdraw, suspend, or discontinue any functionality or feature of the Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which TheBestBro.com may undertake from time to time; or (iii) causes beyond the control of TheBestBro.com or which are not reasonably foreseeable by TheBestBro.com.

6. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED BY THEBESTBRO.COMON AN “AS IS” BASIS. THEBESTBRO.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THEBESTBRO.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. THEBESTBRO.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PREMIUM ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 8 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL THEBESTBRO.COM, ITS AFFILIATES, VENDORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, OR ITS AGENTS BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE SERVICES, OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF THEBESTBRO.COM MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THEBESTBRO.COM, ITS AFFILIATES, VENDORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AND ITS AGENTS’ ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIMS FOR DAMAGES RELATED TO THIS AGREEMENT WHICH ARE MADE AGAINST THEM, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF CHARGES PAID BY YOU RELATIVE TO THE PERIOD OF OCCURRENCE OF THE EVENTS WHICH ARE THE BASIS OF THE CLAIMS, BUT SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT EQUAL TO THE PAYMENTS MADE BY YOU OVER THE PRIOR TWELVE MONTHS.

The Services are controlled and offered by TheBestBro.com from its facilities in the European Union. TheBestBro.com makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THEBESTBRO.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

9. WAIVER AND RELEASE

YOU AGREE THAT NEITHER THEBESTBRO.COM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE THEBESTBRO.COM SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT THEBESTBRO.COM SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THEBESTBRO.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF THEBESTBRO.COM DIGITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.

10. Force Majeure

Neither Party is liable for any default, delay, or failure in the performance of any of its obligations under these Terms of Services (other than failure to make payments when due) caused directly or indirectly by circumstances beyond such Party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, acts of war or terrorism, pandemic, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such Party to perform its obligations hereunder.

Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.

If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these Terms of Service shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice. In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.

11. Severability

If any provision of this Agreement shall be deemed invalid, illegal, or unenforceable , this Agreement shall be construed as though such invalid, illegal, or unenforceable provision was not included. The remainder of this Agreement shall nevertheless remain in full force and effect.
16. Notices

TheBestBro.com may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your TheBestBro.com account or by written communication delivered by first class U.S. mail to your address on record. You may give notice to TheBestBro.com at any time via electronic mail to the following address: [email protected].

12. Miscellaneous

TheBestBro.com may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with TheBestBro.com’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind TheBestBro.com in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.

13. Complete Agreement

This Agreement, which incorporates TheBestBro.com’s Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, constitutes the entire agreement between you and us relating to your access to and use of the Services and supersedes any prior or contemporaneous written or oral agreements, communications or other understandings relating to the subject matter hereof (with the sole exception of any separate license agreements for TheBestBro.com or TheBestBro.com Content to which you are a party or beneficiary, which shall remain in full force and effect and which shall supplement the terms of this Agreement). This Agreement shall not be modified, either expressly or by implication, except as set forth above in Section 12. The provisions of this Agreement supersede all contemporaneous oral agreements and all prior oral and written communications and understandings of the Parties with respect to the subject matter of this Agreement.