Marketing Agency Finder Terms of Use

Consumer Terms of Use

Business Service Finder’s (“BSF”) goal is to help you the consumer (“Consumer”), as well as businesses and professionals to pinpoint the best service providers and businesses in their local area based on what matters to them and criteria they choose, including from services, to client experience, to industry expertise. BSF’s website (the “Website”) is the first and only place where Consumers can find every type of business or service they need – from legal and financial to IT, marketing and more – and get real, verified ratings to help Consumers choose the specialists that are the best match for Consumer’s personal or business needs.

To achieve our goal, however, it is important for Consumer to understand and acknowledge that as part of the basis of the bargain between Consumer and BSF in making this Website and any content, answers, information, reviews, and the services (collectively all of the preceding will be referred to as “Content Services”) available on this Website, Consumer must agree to the following terms and conditions (the “Terms of Use”). Without Consumer’s agreement to these terms and conditions the Content Services made available to Consumer on this Website would be materially different, including possibly being made available to Consumer for a fee instead of being free to Consumer.

Agreement Between Consumer and BSF

Consumer’s use of this Website confirms Consumer’s understanding and unconditional acceptance of these Terms of Use. If Consumer does not accept these Terms of Use, please do not use this Website and the Content Services. But Consumer is encouraged to contact BSF at info@businessservicesfinder.com and explain Consumer’s concern. To the extent possible, we will work with Consumer to answer any questions and address Consumer’s concerns consistent with the Terms of Use. Please also note that if you have a Subscription Plan with BSF, you are not considered a “Consumer” and, instead, are subject to BSF’s Business Agreement, which is available here.

How Consumers Should Use this Website and its Information
Please consider the Content Services provided on the Website as informational in nature and a starting point to gather information about a company, service provider, or a professional who may or may not be suitable for Consumer’s business or personal needs. Under no circumstances, however, should Consumer rely solely on this Website or Content Services or any information on the Website in deciding whether to hire any given company, service provider, professional, as well as taking or refrain from taking any action or exercising any right that may be available to Consumer.

Agreement to Grant BSF a Limited License to Your Submitted Content and Contributions
If you submit, send, or otherwise make available any information, including images, statements, questions, or other material to BSF, BSF’s Website, or in relation to any Services (collectively “Submitted Content”), you understand and agree that you are granting BSF a license a royalty free, unrestricted, worldwide, perpetual, and revocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submitted Content (in whole or part) worldwide as well as incorporating it in other works in any form, media, or technology now known or later developed and warrant that the Submitted Content is original to you, that you have all necessary rights to submit, send, or otherwise make available the Submitted Content and grant such rights and license to BSF. You also warrant that any "moral rights" you have in such content have been waived (collectively all rights within this paragraph will be referred to as the “License”). You also agree that by submitting to BSF the Submitted Content that such submission will constitute an electronic signature of the Consumer as the copyright owner. Consumer further agrees that this signature will be deemed to have been executed as of the date the submission.

We intend to use any Submitted Content in a positive manner for the benefit of BSF, its customers, and other Consumers. If, however, at any point you disagree with BSF’s use of your Submitted Content, please contact BSF at info@businessservicesfinder.com and we will discuss the issue and endeavor to work with you to resolve it to your satisfaction.

Further, you are not obligated or required to provide any Submitted Content to otherwise interact with BSF’s Website. Any decision to do either is solely at Consumer’s discretion.

BSF is not Responsible for Screening or Approving Information on the Website.
BSF does not as a matter of course select, screen, approve, endorse or limit who can post any Content Services, as well as those who contribute (“Contributor”) responses to any question or answer in any Website forums or interactive pages, guides, or articles (collectively included in the prior definition of “Content Services”). Designation as a Contributor in any respect is based solely on that Contributor’s following the applicable submission guidelines or having a BSF account, and does not reflect any endorsement or approval by BSF. Accordingly, BSF expressly disclaims any responsibility or liability of any kind for any Contributor or Content Services made available or found on its Website, and any decision Consumer makes as to whether to hire any given company, service provider, professional, as well as Consumer taking or refrain from taking any action or exercising any right that may be available to Consumer based on any information found on the Website.

BSF Does Impose Strict Obligations and Requirements on Service Providers and Companies Who Use BSF’s Website.
While BSF does not routinely screen, monitor, or review any Submitted Content or Content Services from or about service providers and businesses on the BSF Website, it does take certain reasonable steps to verify certain information provided by companies and service providers, as well as to specifically restrict and prohibit companies and service providers from self-reporting or manufacturing false, misleading, inaccurate feedback and reviews for the purpose of “gaming” their ranking or otherwise how they may appear on the Website. Further, service providers and companies on BSF’s Website must strictly comply with applicable state and federal regulations that require the use of truthful and accurate endorsements and testimonials when it comes to their services and products offered or discussed on the Website. Please see our terms and conditions that businesses and service providers must agree to follow for more information.

Limitations on BSF’s Screening, Review, and Approval of Company or Individual Profiles
The Consumer acknowledges and agrees that any ratings or any information contained in a company’s or service provider’s profile, such as descriptions of a company or provider’s expertise, accomplishments, areas of practice, any certifications, and other data, summaries or descriptions on the Website are based on information provided by the actual company, service provider or other third party sources, all of which may mean a company or provider’s profile may be incomplete or inaccurate.

BSF does not Endorse or Guarantee any Results, Products or Services of any Company or Service Provider.
Neither BSF’s ratings or any of the other information contained on the Website or provided through the Services should be considered (i) An endorsement of any particular company or professional; (ii) A guarantee of a company or professional's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics; (iii) A predictor of a future outcome of any matter in which such professional is involved; or (iv) A guarantee of a particular result or outcome.

No Guarantee to Access and Right to Change or Remove Any Content on the Website
BSF reserves the right to change all Content Services contained on the Website and any Services offered through the Website at any time without notice. BSF does not and cannot guarantee its Website and Services will function without interruption or in an error-free manner (collectively “Interruptions”). Such Interruptions may occur due to routine maintenance, updates, or system or network failures. To the extent reasonably possible, BSF will endeavor to provide advance notice of any Interruption within its control and to reasonably identify and resolve any unscheduled Interruption as quickly as is reasonably possible, as solely determined by BSF. However, Consumer agrees that under no circumstances and regardless of the legal theory or whether BSF had been informed of the possibility of such damage or damages, BSF not be liable for:

  1. Any damages caused by any Interruption, including for loss of data, Submitted Content, Content Services, good-will, recommendations, profiles, the cost of substitute products or services, or from the inability to use Services, the Website, Submitted Content, Content Services.
  2. Any damages caused by any Interruption relating to any communications, interactions, or meetings with other Consumers or service providers and companies of the Website or Services those with whom Consumer communicate or interact with as a result of your use of the Website or Services.

Further, BSF disclaims all liability for any and all damages caused by any Interruption, as well as any liability for slow, malfunctioning, inconsistent, or impossible access conditions of BSF’s Website, Services, and Content Services for any reason.

Unique Issues Concerning Professional Relationships.
BSF provides a platform for various professional service providers to post, submit or otherwise provide information of a professional nature (“Professional Information”). These professionals and the Professional Information they may provide is often subject to or otherwise governed by professional standards, regulations, and ethical requirements (collectively “Professional Standards”). It is up to each professional service provider to comply with all Professional Standards applicable to that provider’s services.

Any use or reliance on any Professional Information, advice, recommendations, actions or inactions provided by the applicable professional service provider is done solely at Consumer’s discretion and BSF specifically disclaims any liability of any kind for any decision to hire any given company, service provider, or professional, as well as taking or refrain from taking any action or exercising any right that may be available to Consumer based on any information that may be found on the Website.

1. No Attorney-Client Relationship or Legal Advice.
By using BSF’s Website in any way, including by providing any Submitted Content and interacting with the Website in any way, including by submitting questions, information responses, comments, opinions, or related content should not be considered an intention to create or the actual creation of an attorney-client relationship or the rendering of any legal advice to Consumer from an attorney or law firm (collectively “Legal Service Provider”). Instead, it is up to Consumer and the Legal Service Provider to determine how and when an attorney-client relationship is created, as well as the scope of the legal services to be provided pursuant to such relationship. Until such a time, Consumer should assume that any legal information Consumer believes is provided or made available on the Website is intended only for general informational purposes. It should not be considered to be a substitute for an actual consultation with a Legal Service Provider licensed to practice in Consumer’s jurisdiction and competent to address Consumer’s specific legal issue. Consumer should also not rely upon any legal information Consumer believe is provided or made available on the Website until after Consumer has consulted with such a Legal Service Provider about Consumer’s specific facts and circumstances and how the applicable law applies to both.

Please also understand that questions and answers or other postings Consumer provides or post to the Website are not confidential and are not subject to attorney-client privilege or confidentiality.

2. No Patient-Doctor Relationship and Medical Advice.
By using BSF’s Website in any way, including by providing any Submitted Content and interacting with the Website in any way, including by submitting questions, information responses, comments, opinions, or related content should not be considered an intention to create or the actual creation of a patient-doctor relationship or the rendering of medical advice to Consumer from a medical doctor or other healthcare professional (collectively “Health Care Provider”). Instead, it is up to Consumer and the Health Care Provider to determine how and when a patient-doctor relationship is created, as well as the scope of the medical services to be provided pursuant to such relationship. Until such a time, Consumer should assume that any health information Consumer believes is provided or made available on the Website is intended only for general informational purposes. It should not be considered to be a substitute for an actual consultation with a Health Care Provider licensed to practice in Consumer’s jurisdiction and competent to address Consumer’s specific health care issue. Consumer should also not rely upon any health care information Consumer believes is provided or made available on the Website until after Consumer has consulted with such a Health Care Provider about Consumer’s specific facts and circumstances.

Please also understand that questions and answers or other postings Consumer provide or post to the Website are not confidential and are not subject to patient-doctor privilege or confidential.

3. No Accountant/CPA Relationship and Tax or Financial Advice.
By using BSF’s Website in any way, including by providing any Submitted Content and interacting with the Website in any way, including by submitting questions, information responses, comments, opinions, or related content should not be considered an intention to create or the actual creation of an accountant/CPA relationship or the rendering of financial or tax advice to Consumer from an accountant/CPA or financial advisor or any other tax advisor (collectively “Financial Professional”). Instead, it is up to Consumer and the Financial Professional to determine how and when a professional relationship is created, as well as the scope of the services to be provided pursuant to such relationship. Until such a time, Consumer should assume that any financial or tax information that Consumer believes is provided or made available on the Website is intended only for general informational purposes. It should not be considered to be a substitute for an actual consultation with a Financial Professional licensed to practice in Consumer’s jurisdiction and competent to address Consumer’s specific financial or tax issue. Consumer should also not rely upon any financial or tax information Consumer believes is provided or made available on the Website until after Consumer has consulted with such a Financial Professional about Consumer’s specific facts and circumstances.

Please also understand that questions and answers or other postings Consumer provides or post to the Website are not confidential and are not subject to confidentiality or any applicable privileges.

Limitation as to Screening and Accuracy of Credentials, Qualifications, and Related
BSF certainly endeavors to provide and to allow others to provide useful, accurate, and truthful information regarding companies, service providers, including Professional Service Providers, and their products, and services, licensing, accomplishments, credentials, endorsements, testimonials, experience, expertise, and any other information pertaining to all such providers and companies. But BSF is to some degree reliant upon third party data, contributions, and information provided to it there are certain inherent limitations to the accuracy or currency of such information such that a profile for a company, service provider, professional service provider, and other information may be incomplete, may contain inaccuracies, outdated information, contain errors, or misinterpretations of information.

Accordingly, BSF expressly disclaims any responsibility or liability of any kind for any contributor, Submitted Content, or Professional Information made available or found on its Website. Further, to the extent Consumer choose to enter into any business relationship with any company, service provider or professional service provider found on the Website, Consumer does so solely in Consumer’s discretion.

Further, Consumer should independently verify the accuracy of any information Consumer obtains on the Website before using it as well as personally interviewing all such companies and service providers before agreeing to enter into any sort of business relationship or relying upon any advice, recommendations, or information provided by any company or service provider found on the Website.

Digital Millennium Copyright Act (DMCA)

If Consumer believes any material on the Website, either posted by BSF, our users or any other party, is infringing, please contact BSF at the address below. Pursuant to the Digital Millennium Copyright Act, BSF has a designated agent to receive copyright infringement claims.

The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:

Jason Shinn, Esq.; Shinn Legal, PLC
www.shinnlegal.com
4301 Orchard Lake, Rd.; Suite 180, No. 188
West Bloomfield, MI 48323
P: 248-850-2290; F: 248-850-2212

BSF’s policies with regard to copyright are stated in these Terms of Use. The Digital Millennium Copyright Act requires (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements) that all infringement claims must be in writing and must include the following information:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit BSF to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by Consumer that Consumer 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; and
  • A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Children's Online Privacy Protection Act (COPPA)

In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any Personally Identifiable Information (PII) from children under 13 years of age, unless we believe such collection to be permitted by law. BSF’s Website audience is intended to be over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If Consumer is the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact our attorneys (Jason M. Shinn) at www.shinnlegal.com or through the contact information on file for Jason M. Shinn with the State Bar of Michigan. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.

Miscellaneous Legal Provisions

By using this Website, as well as any information found on this Website, Consumer expressly understands and agrees to the following:

  1. Complete Agreement: Consumer agrees that the Terms of Use constitutes the entire, complete and exclusive agreement between Consumer and BSF regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement;
  2. Binding Upon Consumer’s Successors: This Agreement and its performance will be binding on Consumer and Consumer’s heirs, administrators, successors and assigns;
  3. Assignability: Consumer may not assign or delegate any rights or obligations under the Agreement, without the prior written approval of BSF. Any purported assignment and delegation will be ineffective. BSF may freely assign or delegate all rights and obligations under the Agreement, including any License granted to BSF under the Agreement, fully or partially without notice to Consumer. BSF may also substitute, by way of unilateral novation, effective upon notice to Consumer, BSF for any third party that assumes our rights and obligations under this Agreement;
  4. Equitable Relief: Consumer irrevocably waives any right to seek injunctive or equitable relief. Accordingly, under no circumstances will Consumer seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of BSF’s Website or its Services, exploitation of any advertising or other materials issued in connection of either, or exploitation of the Website or Services or any content or other material used or displayed through the Website or Services;
  5. No Waiver: Any delay or failure on the part of BSF to exercise or enforce any rights under this Agreement to which it may be entitled will not, under any circumstances, be construed as a waiver of the right and privilege to exercise or enforce any such rights at any subsequent time;
  6. Modification: The Agreement and its Terms of Conditions cannot be amended, modified, or supplemented in any respect except in writing by BSF. BSF may modify this Agreement at any time and such modifications will be effective immediately upon posting of the modified Agreement and Consumer’s continued use of the Website and/or Services means that Consumer has agreed to accept any changes or modifications made by BSF. Consumer should periodically visit this page to review the most recent Terms of Use. If Consumer does not want to agree to changes or amendments to the Agreement, Consumer should no longer use this Website or the Services;
  7. Statute of Limitations: Consumer agrees 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 Website or these Terms of Use must be filed in a court of applicable jurisdiction as specified in this Agreement within one year after such claim or cause of action arose or be forever barred;
  8. Disclaimer: BSF expressly disclaims all warranties of any kind, whether express or implied with respect to this Website and any content provided on the Website to the fullest extent permitted by applicable law. This disclaimer includes without limitation and by way of example only, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Except as such disclaimer may be limited by applicable law or as otherwise set forth in this Agreement and its Terms of Use, BSF makes no warranty through this Website with respect to any information or other material obtained by Consumer through the Website will meet Consumer’s expectations. No advice or information, whether oral or written, obtained by Consumer from BSF or its Website will create any warranty not expressly stated in these Terms of Use. Any product or services purchased in relation to BSF’s Website is done so at Consumer’s own discretion and risk;
  9. Limitation of Liability: Some jurisdictions may not permit the limitation or exclusion of liability in contracts and, as a result, some or portions of this Agreement may not apply to Consumer. But to the extent legally permitted under applicable law, Consumer agrees that under no circumstances will BSF, its subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated by BSF in connection with its business operations be liable, without limitation to Consumer for any indirect, incidental, special, consequential, or exemplary damages. By way of example only, this includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. If for any reason this provision is prohibited or limited then, instead of this limitation of liability provision, Consumer agrees that BSF will be entitled to the maximum disclaimer, limitation, or both on damages and liability available at law and equity. Consumer agrees that this limitation of liability release is made with the knowing intent of releasing all known and unknown claims in future claims and with the intent of waiving all rights under applicable statutes requiring such waivers to be knowingly made. Consumer further agrees that BSF will not be under any circumstances cumulatively liable for any damages in excess of two times the most recent fee that Consumer paid to BSF for any Subscription Services, or $500.00 (U.S.), whichever amount is greater. Consumer further agrees that this limitation of liability is part of the basis of the bargain between the Parties and without it the terms and fees charged would be materially different. Additionally, Consumer agrees this limitation of liability shall apply regardless of whether (i) Consumer bases Consumer’s claim on contract, tort, statute or any other legal theory, (ii) BSF knew or should have known about the possibility of such damages; or (iii) The limited remedies provided in this section fail of their essential purpose; and; (iv) BSF may cause Consumer to be damaged intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
  10. Choice of Law: Consumer agrees that any dispute arising in any way from your purchase of any Services or Subscription Agreement, access to the Website, your use of the Website, or a violation of the Agreement are to be construed, governed and enforced exclusively according to the laws of North Carolina or applicable federal law, such as copyright, patent, or trademark law, without respect to its conflict of laws principles;
  11. Language Translations: If any translation of the English language version of BSF’s Agreement, the Privacy Policy, or any other documentation is provided or otherwise made available to Consumer by BSF or any third party service provider, Consumer agrees that the translation is only provided for your convenience and that the English language version of this Agreement, the Privacy Policy, and any other documentation will control and govern your relationship with BSF;
  12. Jurisdiction: This Website is controlled and operated by BSF from its offices within the State of North Carolina. Consumer’s use of this Website or any claim, cause of action or dispute arising out of or related to the Website and any content, company, or service provider found on the Website, as well as these Terms of Use (collectively “Claim”) will be governed by the laws of the state of North Carolina regardless of Consumer’s state or country of origin or where Consumer accesses BSF’s Website, and notwithstanding of any conflicts of law principles of your geographical jurisdiction and the United Nations Convention. If Consumer access this Website from any location outside of North Carolina, Consumer do so on Consumer’s own initiative and is responsible for compliance with Consumer’s local laws, if and to the extent they are applicable. Consumer agrees that use of or access to the Website will not be construed as BSF’s purposeful availment of the benefits or privilege of doing business in any state other than the State of North Carolina. Further, BSF does not consent to personal jurisdiction in any other state except North Carolina and Consumer agrees to not assert such jurisdiction in any other state except North Carolina. Further, Consumer agree that a competent court in North Carolina will have exclusive jurisdiction regarding any dispute arising in any way from Consumer’s use of the Website or Services, or a violation of the Agreement’s Terms of Use. Consumer agrees not to contest this exclusive jurisdiction. Consumer also agrees that for the purpose of resolving any issue pertaining to conflict of laws that may arise, the Terms of Use will be deemed to be fully and solely executed, performed and observed in the State of North Carolina;
  13. Limitation on Access and Distribution: The information provided on the Website is not intended for distribution or access by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject BSF to any registration requirement within such jurisdiction or country; and
  14. Severability: If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the remainder, which will remain in full force. The parties agree that any court, arbitrator, or fact-finder should endeavor to give the fullest possible effect to the parties' intentions as reflected exclusively in the provisions of this Agreement and its Terms of Use and should not affect the validity and enforceability of any remaining provision.