Terms of Service

Last updated January 9th, 2017

Terms of Service pages are always complicated and filled with a bunch of jargon that normal people don’t really understand. How is that useful? It’s not. So we made this: A simple Terms of Service designed to make it clear to everyone what our terms are.

So here it is in it’s simplified glory:

We have decided that these are our Terms of Service. If you have feedback on our Terms of Service, please email us at tos@nearbynow.co, but we control the Terms of Service and can and will change them. While we are under no obligation to notify anyone of changes to our Terms of Service, we like transparency and will probably notify you. We can remove any content we choose for any reason. There is an underlying theme with the Terms of Service. Be Professional!

  1. Keep it professional. Nearby Now is a professional service. Don’t be unprofessional in any of your contributions.
  2. Sign-up, payment and renewal.
    1. Monthly plans. If you sign-up for a monthly paid plan directly with Nearby Now for yourself or as a reseller on behalf of a client, you will be automatically charged monthly. Renewal each month is automatic until you choose to cancel the account.
    2. Annual, biennial, and triennial plans. If you sign-up for an annual, biennial, or triennial plan directly with Nearby Now for yourself or as a reseller on behalf of a client, you will be charged up front for the full contract period (one year, two years, or three years). Renewal for the next contract period (an additional year, additional two years, or additional three years) is automatic and you will be billed for the next contract period automatically unless you choose to cancel the account.
  3. Cancellation.
    1. Canceling direct accounts. If you no longer want to use the Nearby Now services, please cancel your account.
    2. Canceling accounts acquired through a reseller. If your Nearby Now account was acquired on your behalf by an agency reseller, and you no longer want to use the Nearby Now services, please ask your reseller to cancel your account. If you wish to cancel your reseller relationship but remain with Nearby Now, please see Account transfers below.
    3. Canceling agency reseller accounts. If you no longer want to be a Nearby Now reseller, please cancel your account.
  4. Upgrade and downgrade. Accounts can be upgraded and downgraded at any time.
  5. Account transfer to a different agency reseller. If your account was setup or is being managed by a Nearby Now reseller, and you wish to be transferred to be managed by a different agency:
    1. client responsibility. terminate any relevant relationship with the old reseller; forward proof of termination to the new reseller with your request for them to assume management of your account.
    2. new reseller responsibility. contact Nearby Now requesting the transfer, identify the specific client, the person authorizing the transfer, and provide the proof of cancellation of the prior reseller relationship.
  6. Account transfer to direct responsibility. If your account was setup or is being managed by a Nearby Now reseller, and you wish to assume direct responsibility for managing your account:
    1. client responsibility. terminate any relevant relationship with the agency reseller; contact Nearby Now requesting the transfer, identify your account, the person authorizing the transfer, and provide the proof of cancellation of the prior reseller relationship.
  7. Password. Don’t share your password. Protect your password like you protect your own privacy and your customer’s privacy.
  8. Spamming. No Spamming.
  9. Age. You must be 14 years or older to use the Nearby Now services.
  10. Automated queries. Don’t use automated web queries (such as but not limited to spiders, robots, screen scraping, database scraping, crawlers and any other automation) to extract or monitor content on sites and pages owned by Nearby Now, or that leverage Nearby Now. Non-commercial public archives and general purpose Internet search engines using such methods for the sole purpose of displaying hyperlinks to sites and pages that leverage Nearby Now are exempt assuming they use a stable IP address or range of addresses and an clearly-identifiable agent.
  11. Reuse. Don’t retrieve, index, or access any portion of Nearby Now sites, or of sites and pages leveraging Nearby Now, for purposes of constructing or populating a searchable database of business reviews.
  12. Reasonable use. Don’t take any action that we judge to place an unreasonable or disproportionately large load on Nearby Now sites, sites leveraging Nearby Now, or Nearby Now technology infrastructure.
  13. Unauthorized access. Don’t try to gain access to Nearby Now sites, user accounts, systems or networks connected to Nearby Now through hacking, social engineering, password mining, or any other means.
  14. User information. Don’t record, process, or mine information about other users, clients, or agency resellers.
  15. Reverse engineering. Don’t reverse engineer any capability of Nearby Now.
  16. Authorized users. Only prospects evaluating whether to enter into a business relationship with Nearby Now, customers pursuing an ongoing business relationship with Nearby Now, or the authorized agents of prospects or customers should use Nearby Now.
  17. Unauthorized users. Don’t use Nearby Now for the purpose of competitive analysis or in the development of any similar products, services or technology for your use, or the use of any third party.
  18. Nearby Now branding. Don’t remove, hide or alter Nearby Now branding when leveraging plugins or our API on your sites or pages unless you are operating under and within the terms of a White Label Reseller Agreement with Nearby Now.
  19. Nearby Now changes. We reserve the right to update, modify, or discontinue Nearby Now sites, products, services, and technologies at any time, at our sole discretion, without liability with email notification to account owner.

Content

  1. Ownership. You have sole responsibility for your content contributions, in the form of checkins, reviews received, and comments you have made on those reviews. If you choose to cancel services, you can request that we delete all of this content.
  2. Responsibility. You alone are responsible for any violations of applicable laws in the content that you’ve posted to Nearby Now. Any content you add to Nearby Now is yours, not ours. You are responsible for ensuring that nothing you contribute violates any law or any third-party right including copyright, trademark, privacy right, right of publicity, moral right, trade secret, patent, or other intellectual property or proprietary right.
  3. Privacy. Don’t publicize other people’s private information such as a full name, full address, or a photo of their license plate unless you are referring to members of your organization with permission, or service providers who commonly share or are commonly identified by their own full names. Please don’t post close-up photos of anyone without their permission.
  4. Unacceptable content. Don’t threaten or harass anyone. Avoid lewdness, defamation, hate speech, and other displays of bigotry in all of your contributions. Don’t post pictures of anything not considered to be a “G” rating.
  5. Conflicts of interest. Only request reviews from those with which you have had a legitimate business interaction. Only write reviews about those with whom you have had a legitimate business interaction. Don’t review businesses you own or that employ you, businesses owned by your friends or relatives, or businesses owned by your competitors or fellow members of business networking groups.
  6. Accuracy. Please ensure that your contributions are factually correct and reflect your personal experiences. Your opinions, particularly in reviews, are welcome but please don’t exaggerate or misrepresent your experiences. Nearby Now won’t take sides in a disagreement as to accuracy, but we expect you to take responsibility for the accuracy of your review.
  7. Relevance. Make sure the content of your checkins and reviews pertain directly to the work performed, service provided, products sold, projects estimated, etc.
  8. Checking in. When checking in to a customer location, or anywhere, you have the option to post messages and photos. Keep it professional. Don’t post the same marketing Spam over-and-over. If this seems redundant, it is. We want you to be professional so we listed it twice.
  9. Our rights. We will use your content for your benefit as you direct, or as your agency reseller directs on your behalf, through the capabilities of Nearby Now. We may also use or reference your content in marketing, demonstrating, training, or advertising Nearby Now.
  10. Syndication. You, or your reseller agency on your behalf, can enable automatic sharing and/or reposting of your content to third-party sites or services. Once any content has been shared or reposted to such a third-party site, Nearby Now no longer has the responsibility or capability to manage that content in any way.
  11. Referrals. You, or your reseller agency on your behalf, can enable links to third-party sites for the purpose of providing additional reviews on those sites. Those sites are entirely in control of the experience for any customer that chooses to click on one of those links.

Enforcement

  1. We are under no obligation to enforce these terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the terms, but we reserve the right to investigate and take appropriate action at our sole discretion. You agree not to violate these terms, and not to assist, encourage, or enable others to do so.

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