IMPORTANT. PLEASE READ. These Terms contain a mandatory arbitration agreement as well as a class action waiver that will impact your rights. This means that if you have a claim against BestSuggest, you must submit your claim to binding arbitration instead of proceeding in court and your claim must be brought individually instead of as part of a class action. If you would like to opt out of this, please follow the steps in Section 11.
Thank you for visiting www.cdn.bestsuggest.me (“Website”)! These Terms are an agreement between you and BestSuggest (“BestSuggest”, “we”, “us”, or “our”) and cover our services available on our Website and our browser extension (“Extension”). Please take a moment to review these Terms and understand the services we provide and rules and restrictions that apply to you.
2. Our Services
BestSuggest provides you recommendations based on your search queries. With BestSuggest, you can easily find useful options online and bookmark such options for later browsing. Some of the recommendations provided may include sponsored content owned by third parties (“Sponsored Content”).
3. Sponsored Content
We may update our services periodically, including adding new features or functions, releasing new versions of the Extension, or removing any content. These updates may improve your online experience or help us better provide the services. Please note that updates may be made without notice to you. In addition, although BestSuggest may make updates to our services, you understand that we have no obligation to do so.
5. Intellectual Property
BestSuggest respects the intellectual property rights of others and we expect you to do the same. All information, content, and materials on our Website and Extension (“Materials”) may be protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by BestSuggest, our content suppliers or licensors, or other individuals who submitted content to our Website or Extension. Unless any Material is in the public domain, you may not modify, distribute, create derivative works of, or exploit the Materials without prior written authorization. If you misuse any Materials on our Website or Extension, BestSuggest is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution where appropriate.
If you believe any Material on our Website or Extension infringes on your intellectual property right, please review our Copyright Policy on our Website and file a notice with the requisite information to [email protected]. We will respond accordingly to resolve the matter. We respond to such notices in compliance with the Digital Millennium Copyright Act, which may include removing or disabling access to any Material claimed to be infringing.
You may not use our Website and Extension in any of the following ways:
- For commercial purposes.
- Copy, modify, distribute, create derivative works of, exploit, or sell the Website or Extension without prior written authorization.
- Interfere with the performance of the Website or Extension.
- Gain unauthorized access to BestSuggest’s, the Website’s, or the Extension’s systems.
- Damage the Website or Extension.
- Commit fraud with respect to the Website or Extension.
- Introduce any viruses or malicious code into the Website or Extension.
- Violate any laws, rules, or regulations, or rights of third parties in your use of the Website or Extension.
If you violate this Section, BestSuggest is prepared to aggressively enforce its rights to the fullest extent of the law, which may result in your civil or criminal prosecution.
YOU AGREE THAT USE OF OUR WEBSITE AND/OR EXTENSION IS ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM VIRUSES, OR ANY WARRANTY IMPLIED THROUGH THE COURSE OF PERFORMANCE, DEALING, OR TRADE.YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT MAY ARISE FROM YOUR USE OF THE WEBSITE AND/OR EXTENSION. THEREFORE, YOU UNDERSTAND THAT YOUR USE OF OUR WEBSITE AND/OR EXTENSION IS AT YOUR OWN RISK. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXTENSIONS MAY NOT APPLY TO YOU.
8. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BESTSUGGEST, ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, EMPLOYEES, CONSULTANTS, AGENTS, SUBSIDIARIES, OR AFFILIATES (COLLECTIVELY, THE “RELATED COMPANIES”) BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES OF ANY KIND BASED ON ANY THEORY OF LAW, EQUITY, CONTRACT, TORT, OR OTHERWISE ARISING FROM YOUR USE OF OUR WEBSITE AND/OR EXTENSION, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS, SOFTWARE, OR DATA, COMPUTER FAILURE OR MALFUNCTION, PERFORMANCE DELAYS, VIRUSES OR BREACHES, OR COMMUNICATIONS FAILURES. THE AGGREGATE LIABILITY OF BESTSUGGEST AND ITS REALTED COMPANIES FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF OUR WEBSITE AND/OR EXTENSION SHALL BE LIMITED TO ONE-HUNDRED DOLLARS ($100).
By using our Website and/or Extension, you agree to indemnify, defend, and hold harmless BestSuggest and its Related Companies from and against any losses, damages, liabilities, and costs (including reasonable attorneys’ fees) related to your use of our Website and/or Extension, including any breach by you of these Terms.
11. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF UNDER THESE TERMS.
If you have any concerns with your use of the Website or Extension, please contact us at [email protected]. If we are unable to resolve your concern, please follow the steps below.
If you intend to file a claim or dispute, you must first send a written notice to BestSuggest detailing the nature and basis of your claim or dispute and the relief you are seeking. Such notice shall be sent by email to [email protected]. BestSuggest will respond to your notice by email within thirty (30) days. If BestSuggest’s response is unable to fully satisfy your claim, you may commence an arbitration proceeding.
Any arbitration between you and BestSuggest or its Related Companies shall be conducted by one arbitrator exclusively in California. The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not issue relief on a class-wide or group basis. Each party shall split the cost of the arbitrator. Any other related costs, including costs of its own counsel, witnesses, and experts shall be the responsibility of each respective party. The state or federal courts in California shall have exclusive jurisdiction and venue over any appeals or motions related to the arbitration award.
You agree that you may bring claims against BestSuggest and its Related Parties only in your individual capacity and not on a class-wide or group basis. This applies regardless of whether the dispute is heard in arbitration or court. You acknowledge and agree that these Terms specifically prohibit you from commencing legal proceedings against BestSuggest and its Related Parties as a representative of others or joining in any class action proceedings brought by another person.
IF YOU DO NOT AGREE WITH THE MANDATORY ARBITRATION AGREEMENT OR THE CLASS ACTION WAIVER, YOU MAY OPT-OUT OF THIS SECTION BY SENDING AN EMAIL TO [email protected] WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESSED OR USED THE WEBSITE AND/OR EXTENSION. Please include as much detail as possible in your Notice, including your full name, email address, and the exclusion you are requesting. Any untimely opt-outs will not be valid and you must then pursue your claim or dispute through individual arbitration as set forth in this Section.
Any claims or disputes between you and BestSuggest and its Related Companies shall be conducted in arbitration or courts of competent jurisdiction located in California. You hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue. These Terms shall be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law.
Last Updated: December 6, 2021
If you have any questions or concerns, please do not hesitate to contact BestSuggest at [email protected].