BostonKnows Terms of Use



PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. BOSTONKNOWS’ ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY BOSTONKNOWS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.


Last Updated: January 29, 2008


The following Terms of Use outline your obligations when using the BostonKnows website. You can also review our Privacy Policy, which outlines our obligations and practices toward handling any personal information that you may provide to us.


  1. ACCEPTANCE OF TERMS

The web pages available at www.bostonknows.com, and all linked pages ("the Site"), are owned and operated by BostonKnows, LLC , and are accessed by you under the Terms of Use described below ("Terms of Use"). This Site contains or may contain information on its Web pages in the form of articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos, third-party links and other materials (collectively the "Content"). By accessing, browsing or making any other use of this Site and its Content (other than to read this Web page for the first time) you agree to be legally bound by and comply with each Term of Use.


  1. MODIFICATIONS OF TERMS OF USE

BostonKnows reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time without notice. If the alterations constitute a material change to the Terms of Use, BostonKnows will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at BostonKnows’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.


  1. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, BostonKnows may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content BostonKnows performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content").


  1. ELIGIBILITY

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of BostonKnows or use the BostonKnows Site and BostonKnows Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the BostonKnows Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the BostonKnows Service is void where prohibited by applicable law, and the right to access the BostonKnows Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the BostonKnows Site and/or BostonKnows Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The BostonKnows website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.


  1. YOUR REGISTRATION OBLIGATIONS

As a condition to using Services, you are required to register with BostonKnows and select a password and username ("BostonKnows Profile"). You shall provide BostonKnows with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your BostonKnows account. You may not (i) select or use as a BostonKnows Profile a name of another person with the intent to impersonate that person; (ii) use as a BostonKnows Profile name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a BostonKnows Profile name that is otherwise offensive, vulgar or obscene. BostonKnows reserves the right to refuse registration of, or cancel a BostonKnows Profile in its discretion. You shall be responsible for maintaining the confidentiality of your BostonKnows password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.


  1. RESTRICTIONS ON RIGHTS TO USE

You agree that you shall not (and you agree not to allow any third party to):


  1.  to abuse, harass, threaten, impersonate or intimidate other BostonKnows users;
  2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BostonKnows user;
  5. attempt to impersonate another user or person;
  6. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
  8. with the intention of artificially inflating or altering the voting results, comments, or any other BostonKnows service, including by way of creating separate profile accounts for the purpose of artificially altering BostonKnows’ services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of BostonKnows’ services;
  9. modify, adapt, translate, or reverse engineer any portion of the BostonKnows Site and/or BostonKnows Service;
  10. remove any copyright, trademark or other proprietary rights notices contained in or on the BostonKnows Site and/or BostonKnows Service or in or on any Content or other material obtained via the BostonKnows Site and/or BostonKnows Service;
  11. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the BostonKnows Site and/or BostonKnows Service;
  12. access, retrieve or index any portion of the BostonKnows Site and/or BostonKnows Service for purposes of constructing or populating a searchable database of business reviews;
  13. collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other BostonKnows users or members;
  14. reformat or frame any portion of the web pages that are part of the BostonKnows Site and/or BostonKnows Service;
  15. create user accounts by automated means or under false or fraudulent pretenses;
  16. create or transmit unwanted electronic communications such as "spam" to other users or members of the BostonKnows Site and/or BostonKnows Service or otherwise interfere with other user's or member's enjoyment of the BostonKnows Site and/or BostonKnows Service;
  17. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  18. use of the BostonKnows Site or BostonKnows Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  19. copy or store any Content offered on the BostonKnows Site for other than your own use;
  20. use any device, software or routine that interferes with the proper working of the BostonKnows Site and/or BostonKnows Service, or otherwise attempt to interfere with the proper working of the BostonKnows Site and/or BostonKnows Service;
  21. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  22. use any Content marked as obtained from or belonging to Acxiom except in compliance with the additional terms specified below;
  23. use the BostonKnows Site and/ or BostonKnows Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
  24. collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

You are solely responsible for your interactions with other users of the Site. BostonKnows reserves the right, but has no obligation, to monitor disputes between you and other users.


  1. COPYRIGHT COMPLAINTS

BostonKnows respects the intellectual property of others. It is BostonKnows' policy to respond expeditiously to claims of copyright and other intellectual property infringement. BostonKnows will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, BostonKnows may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. BostonKnows will terminate access for subscribers and account holders who are repeat infringers.


  1. BOSTONKNOWS PRIVACY POLICY

BostonKnows current privacy policy is available at www.bostonknows.com/privacy (the "Privacy Policy"), which is incorporated into these Terms of Use by reference.


  1. INDEMNITY

You will indemnify and hold harmless BostonKnows, its affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or BostonKnows Profile, of any intellectual property or other right of any person or entity.


  1. WARRANTY DISCLAIMERS

You acknowledge that BostonKnows has no control over, what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BostonKnows from all liability for you having acquired or not acquired Content through the Site or the Services. BostonKnows will not be responsible or liable for the accuracy, copyright compliance or legality of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


  1. LINKS

The Services may provide links to other World Wide Web sites or resources. Because BostonKnows has no control over such sites and resources, you acknowledge and agree that BostonKnows is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BostonKnows shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL BOSTONKNOWS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.


  1. TERMINATION

BostonKnows may terminate or suspend any and all Services and your BostonKnows account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


  1. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind BostonKnows in any respect whatsoever. 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. BostonKnows shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BostonKnows’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with BostonKnows’ prior written consent. BostonKnows may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, as if made within Massachusetts between two residents thereof, and the parties submit to the exclusive jurisdiction of the Suffolk County, Massachusetts Superior Court and the United States District Court for the District of Massachusetts. Notwithstanding the foregoing sentence, (but without limiting BostonKnows’ right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Boston, Massachusetts using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.


  1. COPYRIGHT & TRADEMARKS

BostonKnows  and other BostonKnows graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of BostonKnows in the U.S. and/or other countries. BostonKnows’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the BostonKnows icon pack may be used by a partner and third party sites in connection with providing appropriate links to the BostonKnows Site.

This Site and all the Content it contains, or may in the future contain, is the property of BostonKnows and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the Site are owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of BostonKnows or such third party that may own the trademark or copyright of material displayed on this Site.Subject to your full compliance with these terms, BostonKnows authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

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