Terms of Service

1. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. User Representations

By using the Service, you represent and warrant that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction.
• You have the legal capacity and agree to comply with these Terms.
• You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Service for any illegal or unauthorized purpose.
• All registration information you submit is truthful and accurate, and you will maintain the accuracy of such information.
• Your use of the Service will not violate any applicable law or regulation.

3. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Service, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
• Use the Service to advertise or offer to sell goods and services not related to your listed business.
• Circumvent, disable, or otherwise interfere with security-related features of the Service.
• Engage in unauthorized framing of or linking to the Service.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
• Use any information obtained from the Service in order to harass, abuse, or harm another person.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Service.
• Post false, inaccurate, or misleading business information or reviews.

4. User-Generated Content

The Service allows you to submit business listings, reviews, comments, and other content ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that:

• You own or control all rights to the User Content you submit.
• All User Content you provide is accurate and not misleading.
• The User Content does not violate any applicable law, regulation, or third-party right including intellectual property, privacy, or publicity rights.
• The User Content does not contain defamatory, obscene, abusive, or otherwise objectionable material.

We reserve the right to remove any User Content at our sole discretion, for any reason, without notice.

5. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of BeProfiled (a product of BeProfiled Inc.) and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BeProfiled.

6. Copyright Policy (DMCA)

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), if you believe that any content on our Service infringes upon your copyright, please submit a notification to our designated copyright agent containing the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and where it is located on the Service.
• Your address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

DMCA notices should be sent to our contact email address listed below. Upon receipt of a valid DMCA notice, we will remove or disable access to the allegedly infringing material and notify the user who posted it. Repeat infringers will have their accounts terminated.

7. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by BeProfiled.

BeProfiled has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BeProfiled 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

9. Indemnification

You agree to defend, indemnify, and hold harmless BeProfiled, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Service, including but not limited to your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.
• Your violation of any third-party right, including without limitation any intellectual property, property, or privacy right.
• Any claim that your User Content caused damage to a third party.

10. Limitation Of Liability

In no event shall BeProfiled, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms ("Dispute"), you and BeProfiled agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing and shall provide a statement of reasons if requested by either party.

Class Action Waiver

YOU AND BeProfiled AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and BeProfiled agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

Exceptions

Notwithstanding the above, nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

13. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

14. Contact Us

If you have any questions about these Terms, please contact us: