To access or use this Site, you must be 18 years or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age.
You must create an account and provide certain information about yourself in order to use some of the features of this Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
BCA memberships are annual memberships. Payments made for membership dues and services provided by BCA are non-refundable.
Responsibility for Content
You alone are responsible for your Content, and once published, it cannot always be withdrawn. You assume all liability in connection with your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by BCA.
You may expose yourself to liability if your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Rights to Use of Your Content
We may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use your Content for any purpose. Please note that you also irrevocably grant the users of the Site the right to access your Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against BCA and its users any claims and assertions of moral rights or attribution with respect to your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Content.
As between you and BCA, you own your Content. We own the BCA Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of user content and other site content, computer code, products, software, complaint materials, aggregate user review ratings, and all other elements and components of the Site excluding your Content, user content and third party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the BCA Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the BCA Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the BCA Content are retained by us.
Use of the Site
You are not authorized to distribute or copy any part of the BCA Site for any purpose without first obtaining written permission from BCA. BCA does not guarantee the accuracy, integrity or quality of Content on the Site. BCA will make a good faith effort to monitor the Content for authenticity and to prevent the use of inappropriate language or content. BCA will not be liable and specifically disclaims any liability for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. It’s your responsibility to comply with all laws that apply to the Content you submit to BCA. You agree that you must evaluate the accuracy and integrity of the Content and bear all risks associated with the use of it.
Restrictions on Use of the Site
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such copyrights or trademarks. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or which expresses or implies that BCA has sponsored or endorsed the Content.
You understand and agree that BCA may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) or other Posted Content that, in the sole judgment of BCA, violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of other users of the BCA Site. Reviews posted by you concerning the same transaction that was previously the subject of a complaint by you, may be deleted by BCA if, in BCA’s sole judgment, the review and the rating will unfairly weigh upon the business's perceived reliability.
You are solely responsible for the Content of your complaints or responses, your ratings and reviews of businesses listed on the BCA Site or for photos or other Content. BCA reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY
BCA has adopted a policy to deal with copyright infringement and we employ specific procedures to deal with infringement issues. If you think that your copyright or trademark has been infringed upon by our Site, you can send us a written notice that contains the following:
- Identify the specific copyrighted or trademarked work that you believe has been infringed;
- Identify the infringing Content, and information in a way that will enable us to find it on our Site;
- Your notice should tell us that you believe in good faith that the specific Content has not been authorized or permitted by the owner or his agent;
- Your notice and statement must be signed by you and must include your correct address, phone number, and other contact information. It must also include a statement that you attest, under penalty of perjury, that the information in your notice is true and correct and that you own the copyright or trademark in question;
If you believe that Content belonging to you should not have been removed by us for copyright or trademark infringement, you may send us a counter-notice that contains the following information:
- Identify the copyrighted or trademarked work that’s in question and tell us where it would have been found on our Site before it was removed;
- Your signature and contact information including your name, address, telephone number and email address along with a statement, that you attest under penalty of perjury, that you have a good faith belief that the Content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
- A statement that you consent either to the jurisdiction of the Federal District Court for the judicial district in which your address is located if you live in the United States, or to any judicial district in which BCA is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to BCA, or an agent of such person;
We will promptly respond to all notices and comply with applicable law.
You can send us your copyright or trademark notices in the following ways.
Business Consumer Alliance, Inc.
315 N. La Cadena Drive
Colton, CA 92324
You can provide the information online through our Contact Us page.
Choice of Law and Venue
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and BCA (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, 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 SAN BERNARDINO COUNTY, CALIFORNIA.
Limitation of Liability and Disclaimer
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BCA TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE BCA ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. BCA MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, BCA IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS, METRICS OR REVIEW FILTER FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
- BCA MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, BCA IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- BCA EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BCA ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- BCA’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BCA ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- BCA DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.