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BBB now TERMS OF SERVICE

The Basics

  1. This agreement sets forth Terms and conditions (“Terms”) governing the provision of services by Owner Listens Inc., a Delaware corporation (“OL”) through the website bbbnow.org and the mobile applications called BBB now, to its Users. BBB now is a collaboration between Better Business Bureau of Los Angeles and Silicon Valley and OL (“BBB now”).
  2. BBB now has two types of users: Businesses and the Employees or Agents they designate to operate on their behalf (collectively referred to as “Business Users”) and consumers (“Consumers”) who use BBB now’s messaging offerings to send messages to businesses. Business Users and Consumers are collectively referred to as “Users”.
  3. BBB now provides services to Users pursuant to the Terms set forth in this agreement or referenced therein and subject to User compliance with all Terms. User must additionally comply with all Terms in this agreement and with any posted rules, legal terms, conditions, or additional materials applicable to the services provided (collectively referred to as “Terms”).

Acceptance of Terms

  1. Thank you for your interest in our services. To use the services, provided by BBB now you must agree to the Terms. If you do not agree to the Terms, you may not use BBB now services. If you do not agree to the Terms, please do not use our services and exit the site immediately.
  2. If you are not of legal age to enter a binding contract under the laws of the United States or the laws of your country of residence, or are prohibited by the laws of the United States or your country of residence from using our services, you may not use BBB now’s services. Please exit the site immediately.
  3. We reserve the right to update, add, amend or otherwise modify Terms from time to time without prior notice to you (collectively referred to as “Changes”). It is your responsibility to review the Terms from time to time. Your continued use of BBB now’s services after such Changes will constitute acceptance of Changes and bind you to the amended or modified Terms.
  4. You accept our Terms by browsing the website, searching, registering, purchasing or otherwise using BBB now’s services.
  5. This agreement is written in the English language. No translation shall be accepted as representing this agreement.
  6. Please print a copy of the Terms for your records.

Third Party Providers and Affiliates

  1. BBB now may at its sole discretion use affiliates, subsidiaries or third party providers (collectively referred to as “Providers”) to provision services to users. By agreeing to the Terms you acknowledge and allow these Providers to provide services to you on BBB now’s behalf.

Description of Services

  1. For Business Users, BBB now services include a set of tools to have private text or instant messaging conversations with their customers. Using the service requires an Internet connected device on the part of the owner or a mobile device capable of receiving SMS text messages, registration, and creation of an account on our website, including providing an email address. Some services may require payment as will explicitly be cited on the site. Business Users that provide a phone number acknowledge their express intent and request that messages will be sent via SMS to their phones and assume all responsibility for SMS carrier charges that apply according to their messaging and data arrangements. BBB now bears no responsibility for carrier charges incurred. Business Users may change their settings to turn off SMS notifications provided they select another means of communications (email, web dashboard).
  2. For Consumers, BBB now services include a variety of options for messaging businesses including: website gateway, phone number for texting (for participating businesses), Facebook Messenger (for participating businesses), and a mobile application (iPhone and Android). BBB now delivers the message to registered Business Users and attempts to locate Business Users who are not registered and get an answer for Consumers.
  3. BBB now may change, modify, adjust, or alter, temporarily or permanently, the services that it provides with no prior notification. For Business Users using BBB now services provided via third party marketplaces such as Wix or Clover. will receive 30 day advance notice in case of service discontinuation.
  4. BBB now reserves the exclusive right to cease providing services, discontinue the site, and/or the mobile application or otherwise change the services it provides. BBB now has no liability for the discontinuation of services or the modification of services. Business Users using BBB now services provided via third party marketplaces such as Wix or Clover. will receive 30 day advance notice in case of service discontinuation.
  5. Third party marketplace providers such as Wix or Clover have no liability to Business Users with respect to their use of BBB now services through the apps provided on their marketplaces.

Privacy, Registration Data, Payment Data and Personal Information, Passwords and Account Security

  1. To use some of BBB now’s services, registration is required. Such registration includes creating an account, providing a username and password, providing personal and business information as well as designating a cell phone number and/or email for messages to be forwarded to.
  2. For some of BBB now’s services, payment is required. Payment may be delivered by credit card, check, or bank transfer/wire.
  3. Signing up by creating an Business User account, constitutes representation that the User is the true owner of the business being claimed or that they are the true owner’s designated representative and that they are authorized to receive and respond to messages on behalf of the business.
  4. Providing payment information constitutes representation that the User is fully authorized to commit the business to such a transaction and that the information provided is the true payment information of the business.
  5. It is the User’s sole obligation and responsibility to provide accurate registration information and to keep the information provided to BBB now updated, complete, and accurate at all times.
  6. The information provided will be used subject to our Privacy Policy (which can be found below) and, furthermore, may be used solely for the provision of services by BBB now. By agreeing to these Terms, you also agree to the provisions of our Privacy Policy.
  7. It is the User’s sole obligation and responsibility to safeguard their password and username and update them as the circumstances may warrant. Additionally, it is the User’s sole responsibility to immediately notify BBB now of any breach or compromise of their account and/or password.
  8. Business Users using BBB now’s paid monthly subscription service will be billed on the day of the month on which their subscription was started. Business Users using BBB now services via third party marketplaces will be billed through those marketplaces and in accordance with their policies.
  9. Business Users may cancel their subscription at any time by email to [email protected] or through the BBB now dashboard (coming soon). Cancellations become effective on the next billing cycle after the cycle at the time of cancellation. There will be no refund for the current billing cycle during which the cancellation is sent. Services will be provided and fully accessible for the entire billing cycle until the subscription has ended.

Use of Services

  1. It is the User’s obligation and responsibility to use BBB now’s services for the purposes for which they were intended, in accordance with the Terms and in compliance with all applicable laws and regulations.
  2. It is the User’s obligation and responsibility to make every effort to refrain from and avoid interfering with the provision of BBB now’s services to its users, including with BBB now servers and networks, whether intentional or not, and whether actively or passively (such as by running bots, crawlers or scripts).
  3. Users shall not, under any circumstances, sell, resell, trade, reproduce, or duplicate BBB now services, including any free and any paid services and including services substantially similar in service provided and/or in look, feel or functionality.
  4. Users bear sole responsibility for use of services made in their account.
  5. BBB now may, at its sole discretion, disable or otherwise prevent access to services or to Users accounts or data contained within.
  6. BBB now may, at its sole discretion, set limits on the type, amount, volume, frequency, and access to services and content created through the services.
  7. Users accessing or purchasing BBB now services through third party marketplaces must note that the BBB now app may be removed by the marketplace owner or provider for any reason. For example, if the marketplace believes the app to (1) infringe or violate another parties’ Intellectual Property Rights or any other rights of third parties (2) violate any applicable law, regulation, card association rule or injunction (3) violates the marketplaces’ policies (4) is distributed in a way that breaches the marketplaces’ terms (5) may create liability for the marketplace, or (6) may contain a virus, malware or spyware or may have adverse impact on its systems.

Content Liability and Proper Conduct

  1. Content available through our services often represents the claims and opinions of others, such as Consumers, who are not affiliated with BBB now. We make no statement of support, endorsement or advice for any content other than content explicitly provided by BBB now designated and authorized personnel.
  2. While using BBB now services, the User must abide by all applicable laws, including intellectual property and privacy laws. Content presented to Users may be protected by intellectual property laws. Such content may not be reused, whether in original or derivative form, by Users unless given explicit permission by the rights holder.
  3. Users must NOT: send any information that is considered harassment; infringement on others’ rights; is unsolicited or unauthorized advertising; contains spam, viruses, or other harmful code; impersonate other persons or entities.
  4. Users bear sole responsibility for their behavior and for the content they post to BBB now’s services or send to other Users using BBB now’s services. BBB now does not endorse, support, nor assume any liability for content generated by Users.
  5. Users acknowledge and agree that they may be exposed to questionable, objectionable, offensive, or indecent content.
  6. BBB now reserves the right to refuse to post, remove, or modify content uploaded to the site in violation of Terms or any applicable laws.
  7. BBB now reserves the right, at its sole discretion, to disable accounts of or block Users who violate Proper Conduct standards, and to remove any content it deems in violation of Proper Conduct standards.

BBB now Proprietary Rights and Intellectual Property

  1. Users acknowledge that BBB now is the sole owner of all legal right, title and interest in the services provided, including any and all intellectual property rights.
  2. Users are prohibited from using BBB now’ name, logo, trademark, service mark, domain name, brand features except as explicitly allowed by BBB now and only for the purpose of using BBB now services.

License from BBB now

  1. By agreeing to these Terms, Users receive from BBB now a personal, worldwide, royalty free, non-exclusive, non-assignable, non-transferable, limited license to use the website, software and other services provided by BBB now so that you may use the service in accordance with the terms.
  2. The license does not include any right to copy, reverse engineer, recreate, modify, extract, or use the source code or create a derivative work of out software, website, or any other portion of our services.

Content License from User

  1. The User retains any rights they currently hold in the content submit through our services.
  2. By submitting content you agree to grant BBB now a perpetual, irrevocable, worldwide, royalty free, non-exclusive license to reproduce, modify, adapt, publish, translate, publicly display, and distribute any, all or partial, content you submit.
  3. BBB now may present, transfer, or make available such content to third parties with which it has a business relationship provided, however, that such content shall not be sold and shall not be transferred to any third party not reasonably needed to provide BBB now related services nor made available for any purpose other than for providing BBB now related services.
  4. Users bear sole responsibility for protecting their intellectual property rights.

Updates

  1. BBB now may, from time to time, and at its sole discretion, update, modify, enhance, or change the software, website and other services it provides, and as such may update the software, website and any other services or content. Users consent to receiving the required updates.
  2. These Terms and any other additions, updates or modification continue to apply unless terminated by BBB now or by the User.
  3. Users may terminate their relationship with BBB now by closing their account and ceasing to use our service. Notice of termination may also be sent to [email protected]. BBB now will close your account within 24-48 hours of receipt of notice.
  4. BBB now may terminate its agreement with you and cease to provide services if these Terms have been breached, if it is required to do so by law, or if it has ceased to provide the service or services for any reason, including technological or commercial reasons.
  5. In event of termination, all BBB now rights in the content submitted by the User, remain unaffected. Particularly, the content license from the User remain in full effect with regards to content already submitted.

Exclusion of Warranties

  1. All BBB now services and content provided on our website or on our mobile application are provided on an “As Is” basis and no warranty of any kind is represented, obligated, or suggested. In particular, no warranty, explicit or implied, of merchantability; no warranty, explicit or implied, of fitness for a particular purpose; no warranty, explicit or implied, of non-infringement, are provided.
  2. BBB now makes no warranty that Our services and content will meet your requirements or be free or errors, mistakes, defects, or omissions. BBB now makes no warranty that Our services and content will be provided without interruption, error, delays, or security issues. BBB now makes no warranty that Our services and content will produce the desired results, or any results whatsoever.
  3. BBB now makes no warranty that services, content, or features thereof will be continuously provided and may disrupt, remove, change, or otherwise modify services, content or features.

Limitation of Liabilities

  1. BBB now is not liable to Users or any other party for damages of any kind, including those resulting from restriction of use, termination of services, loss of data, loss of profits. BBB now is not liable to Users or any other party for damages stemming from interactions or transactions initiated using our services or through connections made using our services.
  2. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ONLY LIMITATIONS LAWFUL IN YOUR JURISDICTION APPLY.

Governing Law

  1. BBB now provides services to all 50 states. It is also accessible from overseas. By using our services, including accessing our site or downloading our mobile app, Users agree to the exclusive jurisdiction, statutes and laws of the State of Delaware, USA for all matters, conflicts, or disagreements related to the use of BBB now services. Users agree that conflict of laws principles and the UN Convention on the International Sales of Goods, do not apply.

Notices

  1. Users or others wishing to send notices to BBB now may send an email to [email protected] with the word “Notice” in the subject line. Correspondence via post shall be sent to 1112 S Bascom Ave, San Jose, CA 95128 USA.
  2. BBB now will send notices to Users via the email address provided at registration or via text messaging if text messaging was enabled or via post to User’s business address.

Entire Agreement

  1. These Terms represent the entire agreement between you and BBB now unless otherwise specified in writing by BBB now as part of use of certain services.

BBB now Privacy Policy

Privacy Policy

To provide services, improve upon them and develop new services, BBB now collects information from its users. This is BBB now’s Privacy Policy, which explains the types of data we collect and how we use it.

BBB now has two types of users: Business Users and Employees they designate to operate on their behalf (collectively refereed to as “Business Users”) and consumers (“Consumers”) who use the BBB now application to send messages to businesses. Business Users and Consumers are collectively referred to as “Users”.

Information Collection and Use

BBB now automatically collects information when a User uses our services. We collect and record on our servers, logs from your web browser, including mobile browsers. This information includes the User’s IP address, location, cookie information, and the pages you requested to view. This data is considered Non-Identifying Information unless otherwise required by all applicable law. BBB now collects information when a Consumer uses our services to send an SMS text message to a business. This information includes the User’s phone number or email. This data is considered Personal Information unless otherwise publicly posted by the User.

BBB now uses Non-Identifying Information data in aggregate form only. This data may be presented to BBB now partners and third party providers, in aggregate form, for the purpose of improving services, and developing new services.

BBB now collects registration information when a Business User registers for a service or services. Such information includes: first and last name, username, password, email address, mobile phone number, name, and address and phone number of business. This information is considered Personal Information unless otherwise publicly posted by the User.

The Personal Information a User provides will be used to set up a user account to use BBB now’s services including communicating with customers, replying to customer messages, and improving the content of the site. Personal Information will be used to contact the User with messages about their use of the services. There is no opt out option from these messages other than ceasing to use BBB now’s services altogether.

Personal Information is also used to contact Users with mailings, email or paper, marketing material, and other relevant information that may be of interest. A User may decide at any time not to receive such communications from BBB now. All such communications will include the opportunity to unsubscribe from future messages.

Consumer Personal Information will be used to deliver messages to and from Consumers. It may also be used to contact users with relevant information in the 24 hours immediately following their message to a business. All such communications will include the opportunity to unsubscribe from future messages. BBB now may combine non-identifying data with personal data for analysis and improvement of our services and development of new services. We may combine the data without aggregating it to serve specific users based on their individual preferences or restrictions.

Log Data

All activity on the site, whether by a browsing User or a registered User is recorded on our servers automatically.

Data on browsing activity is automatically sent by the User’s browser whenever you visit any website. This data, known as “Log Data” includes information such as browser type, IP address, originating webpage, pages visited on our site, time spent, information requested, access times, dates and durations, and other data.

This data is used to monitor and improve upon the efficiency, speed, and accuracy of our services as well as to improve upon our user interface and other front end and back end functionality. BBB now also uses the data for compliance purposes, to verify User adherence to the BBB now Terms of Service (“Terms”), and to all applicable laws. BBB now does not consider Log Data as Personal Information, however it may be aggregated and analyzed for the purposes stated above in regards to Non-Identifying Information.

Cookies

A cookie is a small data file that BBB now writes to your computer's hard disk for record-keeping purposes. BBB now uses cookies for two purposes: 1.Persistent cookies are used to save your username and password for future login. 2. Session ID cookies to allow for certain features of our services and to collect data on aggregate usage in order to improve and enhance our services. Session ID cookies are deleted when the user logs out of the site and closes their browser. If a User wishes to opt out of accepting cookies, modern browsers make available settings that require specific permissions for accepting cookies. Users may choose to reject BBB now cookies, however this may eliminate the availability of all or certain features or services.

Information Disclosures

Business Users that are signed up for BBB now’s services will be able to see the phone number, email, content, date, and time of messages sent to them by Consumers. Business Users will not be provided by BBB now with the ability to see the Consumer’s name, device ID, or location unless the Consumer explicitly approves or requests otherwise in writing or the Business utilizes a BBB now provided CRM integration and the CRM already stores and collects this data.

Consumers will be able to see the business name and the content of the messages sent to and from the business to their device. BBB now will not provide Consumers with any information that personally identifies Business Users unless explicitly requested to do so, in writing, by an authorized Business User.

Users may choose to share additional private information in the content of their messages. BBB now recommends carefully guarding such information and using caution and judgment when deciding to disclose any identifying information. BBB now will not be responsible for any private information disclosed by Users in the messages they exchange.

BBB now may route messages and their content to an email address or phone number provided by Business Users. The email and phone number are as reported by the Business Users and are not independently verified by BBB now. As such, it is possible that an erroneous email address or phone number have been provided, or that a business has been fraudulently claimed by someone providing false credentials or false phone numbers or email addresses. In such a case, messages to businesses may be sent to the fraudulent party. Users should thus exercise caution when sending any private information in their messages.

BBB now employees may have access to Users’ messages and Personal Information as well as Non-Identifying Information for the purposes of providing services and improving, modifying Services, and developing new services and products.

Changing or Removing Your Information

You may request at any time for your Personal Information to be changed or deleted from BBB now. To do so please email [email protected]. Since we often do not have much Personal Information about you, we may need to ask you additional information to identify your record. For example, if you send us an email but we do not have your email, only your phone number, we may ask you to provide that number so that we can erase it and the information associated with it. Personal Information voluntarily shared, by the User, with a BBB now Business User cannot be erased from that Business’s system (e.g. email, phone) by BBB now. You must contact the Business directly in such cases.

Business Users with an active BBB now account may also change their Personal Information by logging into their Dashboard.

International and Cross State Transfer

Your information may be transferred, maintained, stored, and retrieved on computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Use of BBB now represents your consent to this privacy policy including your agreement to international transfer of data.

Protection from Phishing

BBB now keeps your information safe to protect you from phishing and identity theft. BBB now will never request your private information in an unsecure, unsolicited email. If you receive an email from us asking for your username, password, credit card or other payment information, social security, or driver's license ID numbers, do not reply and notify [email protected] immediately. To learn more about phishing and how to protect yourself go to the Federal Trade Commission’s website: www.ftc.gov

Aggregate Information and Non-Identifying Information

BBB now may, from time to time, share information that does not include Personal Information and may disclose Non-Identifying Information and Log Data to third parties for marketing, industry analysis, demographic profiling, and other purposes. Aggregated information shared in these contexts will not contain Personal Information of Users.

Third Party Services

BBB now uses third party services to enable services it provides to Users. Examples include hosting services, Google Analytics, Google Places API, blog hosting, and more. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP.

Disclosure for Legal Reasons

We may disclose your information if we believe that it is reasonably necessary to: comply with a law, regulation, or legal request; to protect the safety of any person; to address fraud, security, or technical issues; or to protect BBB now’s rights or property.

Business Transfers

Transactions related to the ownership of BBB now, including but not limited to a merger, may result in a sale of information in which case this Privacy Policy continues to apply to the information transferred.

Password Security

The user password is in place to protect you from unauthorized access to your account and retrieval of Personal Information without your consent. It is the User’s responsibility to diligently protect their password by not disclosing it, limiting access to the place you store your password, and logging off the site when done using.

Be advised that transmission over the Internet is never 100% secure. There is no known way to completely protect from unauthorized entry, hardware failures, software failures, or other compromising activities that may jeopardize the security of User information.

Policy Toward Children

BBB now does not target or knowingly approach children under the age of 13. Contact us immediately at [email protected] if you are a parent or guardian and think a child has provided us information without your consent. We will take the necessary steps to delete information submitted by a child.

Policy Changes

We may, from time to time, revise this Privacy Policy. Users who have registered and provided their emails to BBB now will receive an email notification if a material change has occurred.

The most current version of the policy will be available at http://BBBnow.org/legal.

Accessing our services and using the site after the Privacy Policy has changed, represents agreement to be bound to the current Privacy Policy.

This Privacy Policy is effective as of November 28th, 2016. Last updated on November 28th, 2016. If there are privacy related questions we have not answered in this Privacy Policy please email us at [email protected]