Terms of Service

Last Updated on June 19, 2020. These Terms of Service (which, together with the Business Terms below, are the “Terms”) are effective immediately for users accessing or using the Service without an Account or those registering Accounts on or after June 20, 2020.

Please read this Agreement carefully to ensure you understand each provision.

SmoresMedia, Inc. (dba “Egeeya”) operates this Site located at https://www.Egeeya.com (the “Site”) to provide online access to information about Egeeya and the products, services, and opportunities we provide (the “Service”) through the Site. By accessing and using this Site and Service, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

These Terms of Use apply to all users of the Site and Service. Please read these Terms carefully. By using the Egeeya Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Egeeya Site and the Service.

Egeeya reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 13) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST EGEEYA BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: (i) SmoresMedia Inc., d.b.a Egeeya, a Florida Corporation with its headquarters in Palm Beach Gardens, Florida. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.

1.   DEFINITIONS

  1. Parties. You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to Egeeya and its subsidiaries or affiliated parties.
  2. Content. Content” means text, images, photos, audio, video, and all other forms of data or communication and any of these forms of data that We create and make available in connection with the Site or Service. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Third Party Content” means Content that originates from parties other than Egeeya or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Content, and Third Party Content.
  3.  Sites and Accounts. “Site” means Egeeya’s website (www.egeeya.com and related domains) and mobile applications. “Account” means the account you create to access or use the Site. 
  4. Subscription. “Subscription” means having a listing profile whether free or paid on the Site or Service.

2.   USE OF SITE AND SERVICE

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Egeeya products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Egeeya reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

  1. Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Egeeya or if we have previously banned you from the Service or closed your Account.
  2. Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
  3. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
  4. Accounts. You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. 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. Your Account is for you and may not be created or used for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Account to another person without Egeeya’s prior approval.
  5. Communications from Egeeya and Others. By accessing or using the Service, you consent to receive communications from other users and Egeeya through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Egeeya or businesses listed on Egeeya, and may be initiated by Egeeya, businesses listed on Egeeya, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Egeeya or made through the Service may be monitored and recorded for quality purposes.  You can opt-out of certain communications directly from the specific communication or by emailing unsubscribe@egeeya.com.
  6. Email Communications. By giving your email address to Egeeya you agree to receive administrative, announcements, newsletters, sales, and marketing emails from Egeeya. You can opt-out from newsletters, sales, and marketing mails by clicking on the “unsubscribe” link at the end of the emails.
  7. Your Responsibilities. You agree not to use the Egeeya Service to violate any local, state, national, or international law or regulation.
  8. Spam and Phishing. You agree that you will not use the Egeeya Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means. Any account reported or found doing so will be immediately suspended. You agree that Egeeya may terminate your Egeeya Service immediately if a Subscription’s purpose is found to be deceptively obtaining sensitive information, for example: credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account will be suspended immediately.

3.   CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use this Website, provide any information on this Website, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at legal@egeeya.com.

California residents over 13 but under 16 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see “The rights of California consumers who are less than 16 years of age” section above for more information.

4.   COPYRIGHT AND TRADEMARKS

Copyright Infringement. Egeeya respects the intellectual property rights of others. Accordingly, Egeeya has a policy of disabling access to any Submission that violates copyright law, suspending access to the Egeeya Service to any user who uses the Egeeya Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Egeeya Service in violation of copyright law.

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Egeeya or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Egeeya or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Egeeya, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the Site.

Trademarks. Egeeya is a registered trademark of SmoresMedia, Inc. The Egeeya logo is a trademark of SmoresMedia, Inc. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with Egeeya. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without the prior written consent of Egeeya. All other third party trademarks, service marks, logos and trade names appearing on any services which are part of the Egeeya Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the Egeeya Service, and all rights in such Trademarks is reserved by Egeeya Inc. or respective holders.

5.   CONTENT

  1. Responsibility for Your Content. You alone are responsible for Your Content, and once posted to Egeeya, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. 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 Egeeya.  You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, 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; violates or advocates the violation of any law or regulation; or violates these Terms.
  2. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by 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 (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Egeeya 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.
  3. Ownership. As between you and Egeeya, you own Your Content. We own the Egeeya Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Egeeya Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Egeeya 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 Service and the Egeeya Content are retained by us.
  4. Advertising. Egeeya and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
  5. Other. User Content (including any that may have been created by users employed or contracted by Egeeya) does not necessarily reflect the opinion of Egeeya. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with Egeeya’s Verified License program, Egeeya does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly. Businesses whose licenses have been verified by Egeeya will have a “Verified License” badge displayed on their Egeeya business page.
  6. Coupons. Any coupons that Egeeya might issue for use in connection with the Service are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
  7. Downloading Files. Egeeya cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
  8. Disclaimer regarding accuracy of location information.  Hours of operation, services provided and other information have either been provided by the independently owned and operated locations or collected from publicly available sources. While Egeeya makes every effort to ensure that the information on the Website and the Application(s) is accurate, we make no representations or warranties as to the accuracy or reliability of any information on the Website and/or the Application(s).

6.   THIRD PARTY CONTENT AND SERVICES

The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk. Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.

Links to Third-Party Web Sites Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Egeeya of the third party, the third-party web site, or the information contained therein. Egeeya is not responsible for the availability of any such web sites. Egeeya is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Egeeya affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

Egeeya is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. Egeeya makes no representations as to the quality, suitability, functionality or legality of any websites to which Egeeya may provide links, and you hereby waive any claim you or the User may have against Egeeya with respect to any such websites. Unless you have a written agreement or a specific consent in effect with Egeeya which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that Egeeya is affiliated with any person or entity, or that Egeeya otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the Egeeya name and Trademarks; (c) all links to the Website must “point” to the URL “www.egeeya.com” or “egeeya.com” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.

Without limiting any of the above, Egeeya reserves the right to revoke its consent to any link to the Egeeya website, at any time in its sole discretion.

7.   INDEMNIFICATION

EGEEYA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. EGEEYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. EGEEYA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. EGEEYA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

You agree to indemnify, defend, and hold harmless Egeeya, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all third party claims, liabilities, damages, losses, costs, expenses, and fees (including but not limited to attorneys’ fees and court costs)  arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Egeeya reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Egeeya. Egeeya will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Arbitration Agreement. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
  2. Collecting Sensitive Information. You may not use the Egeeya Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
  3. Additional information for California residents. With regard to the California Consumer Privacy Act of 2018, Egeeya does not sell or share or make available your data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to unsubscribe@egeeya.com
  4. No Resale Of Egeeya Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which Egeeya  agrees you retain all rights) of the Egeeya Service, use of the Egeeya Service, or access to the Egeeya Service.

8.   DISCLAIMER AND LIMITATION OF LIABILITIES

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF EGEEYA ENTITIES 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. BY ACCESSING OR USING THE SERVICE, 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.

  1. You understand and expressly agree that use of the Egeeya Site,  Service and Content is at your sole risk. THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE EGEEYA ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE EGEEYA ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE EGEEYA ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
  2. THE EGEEYA ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE EGEEYA ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S 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 SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
  3. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
  4. THE EGEEYA ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE EGEEYA ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
  5. THE EGEEYA ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EGEEYA ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY EGEEYA BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
  6. IN NO EVENT WILL EGEEYA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF EGEEYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
  7. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you.  IN SUCH STATES, EGEEYA LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
  8. Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and Egeeya with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Egeeya with respect to the subject matter hereof. These Terms and the relationship between you and Egeeya shall be governed by the laws of the State of Florida as applied to agreements made, entered into, and performed entirely in Florida by Florida residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Egeeya Service shall be brought in the Federal or State courts located in Florida, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Egeeya to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Egeeya and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Egeeya Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Egeeya Service.
  9. Third Party Vendors. The User may order or use services through the Egeeya Service from third parties not affiliated with Egeeya ( ”Third Party Vendors”). By submitting a request of any kind through the Egeeya Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of the request.

    All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. Egeeya makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider Egeeya, nor will Egeeya be construed, as a party to, or a third party beneficiary of, such transactions, whether or not Egeeya may have received revenue or other remuneration in connection with the transaction. Egeeya will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.
  10. Termination. You agree that Egeeya may terminate your Egeeya Service and Subscription or suspend your access to all or part of the Egeeya Service, without notice, if Egeeya determines, in its sole and absolute discretion, that you have violated these Terms. We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.

    Further, you agree that Egeeya shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the Egeeya Service.

    You may discontinue your participation in and access to the Egeeya Service at any time.

    Upon termination of this Agreement, for any reason, you agree to cease all use of the Egeeya Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue your listing or Subscription.

9.   ACCOUNT TERMS

  1. Your Account Terms. You may not access the Egeeya Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process.  You are responsible for maintaining the security of your account and you are responsible for ensuring that each User associated with your Egeeya Account complies with these Terms. Egeeya is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your Egeeya account (even when Data is posted by others who have been granted access under your Account). You may not use the Egeeya Service for any illegal or unauthorized purpose as described in the Terms of Use.
  2. Submissions. Egeeya does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the Egeeya Service (“Submissions”). As between Egeeya and you, you own all rights to your Submissions. By your Submission, you grant Egeeya a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (in whole or in part) in any format or medium now known or later developed. Submissions will only made public with your permission. Egeeya does not pre-screen submissions and you agree that you are solely responsible for all of your Submissions.
  3. Automatic Renewal. Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your Egeeya subscription will automatically renew at the end of each billing cycle until you cancel your Egeeya subscription by emailing the Egeeya Support Team at support@Egeeya.com. When you downgrade, your account will remain at your current plan through the end of your current billing cycle.
  4. Credit card details. If you have elected to pay the fees for a Egeeya Inc. subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, Egeeya may suspend or cancel your Egeeya subscription.
  5. Downgrades. Downgrading your Egeeya account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, Egeeya does not accept any liability for such losses. When you cancel or downgrade subscription from paid to free, Egeeya reserves the right to remove your listing from egeeya.com.
  6. 30 Day Money Back Policy. If for any reason you decide you want to cancel your account within 30 days of your initial payment, we’ll issue a full refund. To do so, just email the Egeeya Support Team at support@Egeeya.com. After 30 days, cancellation is subject to the Termination section of these Terms.
  7. Payments. Egeeya offers payments through Stripe, Inc. (“Stripe”), a third-party payment processor. Egeeya does not receive or maintain any sensitive information including credit card numbers.

    The Stripe Terms of Service and Privacy Policy are available here: https://stripe.com/privacy

    By accepting this agreement with Egeeya, you agree that you have reviewed the Stripe Terms of Service and Privacy Policy for the country in which you are located and agree to both. If you have questions regarding the Stripe Terms of Service or Privacy Policy, please refer to the Stripe website at www.Stripe.com or contact Stripe at https://stripe.com/privacy.

    All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Egeeya Service, and which we may add to the fees at the then applicable rates.

10.   CHANGES TO THE TERMS

  1. Changes to the Terms. We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
  2. Modifications To Egeeya Service. Prices of all Egeeya Services, including but not limited to subscription plan fees to the Egeeya Service. Egeeya reserves the right to modify or discontinue the Egeeya Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the Egeeya website or the Egeeya Service itself.

    Egeeya shall not be liable to you or any third party should Egeeya exercise its right to modify or discontinue the Egeeya Service.

    Egeeya shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.

    Egeeya shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.

11.   REPRESENTATIONS AND WARRANTIES

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

a) You represent and warrant that:

  1. You have read and understood our Content Terms;
  2. You have read and understood our Privacy Policy. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America; and

b) If attending any event listed on the Service, you understand that you are attending the event at your own risk and Egeeya and its Parties cannot control what happens in the real world, and we will not be held responsible or liable for it. You should use common sense and good judgment when interacting with others and attending events. Exercise common sense and good judgment when using our Site, the Content, the Service and interacting with other members, both on Egeeya and at Third Party Vendor events. If you have a concern regarding other members, you can report it to legal@egeeya.com.

c) You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:

  1. Violate our Terms, including the Content Guidelines and Event Terms and Conditions;
  2. Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
  3. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  4. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  5. Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;
  6. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;
  7. Solicit personal information from minors, or submit or transmit pornography;
  8. Violate any applicable law;
  9. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Egeeya;
  10. Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Egeeya (for example, as described at www.Egeeya.com/robots.txt);
  11. Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with  30 days’ prior written notice by emailing support@egeeya.com;
  12. Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
  13. Record, process, or mine information about users;
  14. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
  15. Reformat or frame any portion of the Service;
  16. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Egeeya’s technology infrastructure or otherwise make excessive traffic demands of the Service;
  17. Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
  18. Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
  19. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  20. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
  21. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

12. GENERAL TERMS

  1. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
  2. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
  3. Any failure on Egeeya’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. 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. The Terms may not be waived, except pursuant to a writing executed by Egeeya.
  4. If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
  5. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Egeeya’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
  6. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Egeeya as a result of these Terms or your use of the Service.
  7. The section titles in the Terms are for convenience only and have no legal or contractual effect.

13.  ADDITIONAL POLICIES AND TERMS 

  1. Copyright and Trademark Disputes. You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.
  2. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.

14. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Egeeya and its users any claims and assertions of any moral rights contained in such Feedback.

15. PRIVACY POLICY

By using Egeeya Services you indicate acceptance of these terms and agree to our Privacy Policy.

It is the policy of Egeeya to respect the privacy of all Users. Your use of the Egeeya Service as well as certain other information about you is subject to the terms and conditions of our Privacy Policy, which is incorporated into these Terms by reference.

16. QUESTIONS

If you have any questions about this terms of use, please feel free to contact us at legal@egeeya.com.

17. ADDITIONAL TERMS FOR BUSINESS ACCOUNTS 

Last Updated on June 19, 2020.

The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from Egeeya on behalf of your business (e.g., subscriptions, advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Egeeya. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.

PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.

  1. REQUIREMENTS, REPRESENTATIONS AND WARRANTIES
    1. In order to access or use the Services, you agree that:
      1. you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business”);
      2. your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business;
      3. you will not use the Consumer Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business;
      4. your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;
      5. you grant Egeeya a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services, or allow for its display through iframes or other framing technology;
      6. you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;
      7. you understand and agree that we may share certain aggregate or otherwise deidentified information about your responses with other Businesses, for example, the number of total Businesses responding and the speed of those responses; and
      8. you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing a Consumer Alert on the business page for your Business, if we have a good faith belief that such clauses are used by your Business.
    2. You represent and warrant that you will not, and will not authorize or induce any other party, to:
      1. offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Egeeya, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
      2. solicit or ask for reviews from your customers;
      3. write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
      4. pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Egeeya’s Recommendation Software (defined below) or fraud detection systems;
      5. attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
      6. use any automated means or form of scraping or data extraction to access, query or otherwise collect Egeeya data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by Egeeya (for example, as described at www.Egeeya.com/robots.txt);
      7. use any Egeeya trademark or service mark in any manner without Egeeya’s prior written consent; or
      8. misrepresent your identity or affiliation to anyone in connection with Egeeya.
    3. You understand and acknowledge that Egeeya may allow consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Egeeya employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while Egeeya uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Egeeya will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Egeeya.