Best Websites values your privacy and is dedicated to protecting your personal information and providing you with notice about what personally identifiable information we collect and how it is used, what choices you have regarding the collection, use and distribution of that information, the security procedures we implement to protect that information and what access you may have to correct any inaccuracies in the information we have collected from you.
What Information Is Collected
We receive and store any information you enter on our Websites or give us in any other way, such as via telephone, electronic mail, online or otherwise. For example, this information may be collected when you register a domain name or when you contact us for customer support. We may also periodically obtain both personal and non-personal information about you from other business partners, contractors and other third parties. Here are the types of information we gather:
Contact Information: We collect and retain personal contact information that you submit to us voluntarily and this includes, but is not limited to, your name, mailing address, web address, telephone number, e-mail address and other personally identifiable information.
Demographic Information: We may collect and store anonymous demographic information (such as your zip code, gender and age), and use this data to tailor your experience on our Websites, provide content that we think you might be interested in, perform general improvements to the Websites, and display the content according to your preferences. Such demographic information may be shared with partners, market researchers and other third parties on an aggregate, non-personally identifiable basis. No personally identifiable information will be linked to such aggregated demographic information that is shared with third parties.
Other Information: We collect and store certain types of information whenever you interact with us. For example, our servers track the type of web browser you are using and the page from which you link. Additionally, we log IP addresses (a unique number assigned to every computer on the Internet) in order to improve security, analyze trends and administer the Websites. We may track your movement within the Websites, the third-party website pages from which you were referred, access times and browser types. We use this information to gauge the effectiveness of our Websites, track information for statistical purposes and to improve the products and services we provide. We collect this information to better develop a sense of what services our customers need and identify areas of improvement to the Websites. We may use such information for marketing purposes, and to send information to you that we believe might be of interest. In addition, such information may be shared with partners, market researchers and other third parties on an aggregate, non-personally identifiable basis. No personally identifiable information will be linked to such aggregated information shared with third parties.
Cookies: The Websites may use “cookie” technology for such purposes as enhancing your online experience by making it easier for you to navigate through the Websites and making certain features work better. Cookies are text files which are commonly deposited by websites on a user’s hard drive when the user visits a website. The file identifies a user’s computer and can record the user’s preferences and other data about the user’s website visit. We do not extract information about individual users during this process. You may be able to configure your web browser to disable or refuse cookie or to indicate when a cookie is being sent. If you choose to disable cookies, please note that certain services may not function correctly without it and your experience on our Websites may be hindered. Some website features or services simply do not function properly without cookies.
Third Party Cookies: We may use third-party advertising companies to serve ads on our behalf across the Internet. These companies may collect and use information about your visits to this and other websites and your interaction with our products and services in order to provide advertisements about goods and services of interest to you. However, no personally identifiable information (such as your name, address, email address or telephone number) will be connected with such information. They may use information about your visits to this and other websites to target advertisements for goods and services and may be used to keep track of user response to each advertisement. These targeted advertisements may appear on our Websites or on other sites that you visit. The anonymous information is collected through the use of a pixel tag or cookies, which are industry standard technologies used by most major websites. If you do not want such companies to collect this information you may opt-out.
To learn more about the use of this information or choose not to have this information used by certain third-party advertising partners, please visit the Network Advertising Initiative at http://www.networkadvertising.org/choices or go to http://www.adobe.com/privacy.html. You may be able to opt-out of ad targeting from certain third-party advertising partners that are members of the Network Advertising Initiative. Please note that if you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice.
How Personal Information Is Used
Electronic Mail: From time to time, Best Websites may use your personal information to contact you by electronic mail concerning our services. These communications are often intended to inform you of important information regarding your account, or about general services provided by Best Websites and/or its affiliates. If you do not want to receive email from us or our affiliates regarding new services, please click the “unsubscribe” link which is included at the bottom of any email you receive from us. However, in order to fulfill our service obligations to you, we will continue to send you emails regarding your account administration, as well as any necessary information, such as renewal notices and instructions. By providing us with your email address you consent to receiving communications from us electronically and all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Service Related Uses: We may use your personal information to contact you about the goods or services you have purchased from us, or for other purposes in which you have expressed an interest, for example, if you have contacted customer service or made an inquiry. We will also provide you with service and account related announcements. For instance, if the delivery of a service or product is delayed we might send you an email, or other message, or if there is some service issue with something you might have ordered. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to cancel your services with us.
Business Transfers: As Best Websites continues to develop its business, it might sell or transfer all or some of its business or assets, or create a separate business, and customer information generally would be transferred as one of the business assets of the company or be shared or transferred in the event of an insolvency, bankruptcy, receivership, or pledging of assets. Also, information about our users, including customer information, may also need to be disclosed in connection with a commercial transaction seeking financing, investment, support or funding.
Protection of Best Websites and Others: We may release account and other personal information when we are required to do so by law, court order, subpoena or other government or law enforcement authority or regulatory agency, including ICANN, in order to enforce or apply our Services Agreement or other agreements, or when we believe in good faith that disclosing this information is necessary or advisable, including for example, to protect the rights, property, or safety of Best Websites, our users, or others. This includes exchanging information with other companies and organizations for fraud protection, credit risk reduction or other similar purposes.
Sites Other Than Best Websites
Best Websites has no control over and is not responsible for the privacy policies or information gathering practices of other websites, including those to which we may link and those which may link to us. We strongly recommend that you review the privacy policies of every online service you use before submitting any personal information and direct any concerns to the site administrator of that website.
Limitation Of Liability
Choice And Opt-Out
Because it is imperative that you have control over your personal information, we have taken steps to enable you to have access, receive a copy of, update, amend, delete or limit the use of your personal information.
You have the right to request a copy of your information. Before disclosing the requested personal information, we may ask you to provide information so that we can confirm your identity and for security purposes. We may charge a fee where permitted by law (for example, if your request is unfounded or excessive).
For customers located within the European Economic Area, if you wish to receive a copy, access and/or request us to make corrections to the personal information that you have stored with us (either yours or your customers), or wish to request a list of what personal information (if any) pertaining to you we disclosed to third parties for direct marketing purposes, please email us at firstname.lastname@example.org.
At any time you can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at info(at-)Best Websites.com.
You also have the right to delete certain personal information about you that we store. For more information about what information may be deleted (without terminating your account), please email us at email@example.com. To delete all of your personal information, you will need to terminate your account with us. Terminating your account erases all of your information from our databases, except that we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, resolve disputes, enforce our terms and conditions, including but not limited to the Service Agreement, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law.
You have the right to file a complaint with your local supervisory authority for data protection (but we recommend that you contact us first). Most issues can be resolved timely on our end.
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
When denial of access is required by law
When granting you access would have an unreasonable impact on other people’s privacy;
To protect our rights and property; or
Where the request is frivolous or vexatious.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is firstname.lastname@example.org.
Procedures Used To Protect Personal Information
We work to protect the security of your financial information during transmission by using Secure Sockets Layer (“SSL”) software, which encrypts the information you input on the Website. Keep in mind however, that no method of transmission over the Internet or method of electronic storage that is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information we cannot guarantee its absolute security. You can further help to ensure your security by taking a few simple precautions. For instance, it is important to protect against unauthorized access to your computer and to any Best Websites username and password, and to be sure to sign off when you are finished using a shared computer.
Access To Personal Information
Best Websites gives you the ability to access the information you have provided for the limited purpose of viewing and, in certain cases, updating that information. To view or change this information, Best Websites customers may contact Customer Support or log in to your online account manager, if applicable.
Also, for customers located within the European Economic Area, upon receipt of a request, we will provide you with information about whether we hold any of your personal information. In addition to accessing your account, you may access, correct or request deletion of certain personal information (without terminating your account, discussed below) by contacting Customer Support. We will respond to your request within a timeframe imposed by local laws or a reasonable timeframe.
Past customers may request this information by emailing or calling Customer Support. Please note, however, that no financial information will be provided over the phone, and in no event will such information be provided without verification.
You must be at least eighteen (18) years old to register online or purchase our goods or services. Best Websites does not knowingly collect information from children under the age of eighteen (18).
If we learn that we have collected the personal information of a child under eighteen (18), or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible.
How to Contact Us
© 2018, Best Websites Exchange Media Group, Inc
Effective Date: November 20, 2018
Your privacy is important to us and we will not do anything to violate your trust.
We collect these sorts of information on this site:
Anonymous aggregate information about visits to this website (this cannot be associated with a particular user)
Personal information collected from customers who request additional information about our services (name, company, address, email address, phone number)
We treat customer information as strictly confidential – it is never revealed to third parties.
We use customer information for the following purposes:
Determining upgrade/update eligibility
Informing existing customers of new versions
Fulfilling requests for additional information as part of the sales process
Conducting market research
Google Site Stats
This site uses Google Site Stats to track clicks on Google Sponsored Links. We use this to make sure the search terms we advertise on are relevant.
About Google Site Stats
WEBSITE HOSTING AND CONTENT SERVICES TERMS AND CONDITIONS
Revised June 29, 2020
1.1 These terms and conditions (these “Terms”) govern the provision of website hosting and content services (“Services”), on a month-to-month basis, by Exchange Media Group, Inc. (“EMG”) to Customer. EMG’s provision of Services to Customer is conditioned upon Customer’s acceptance and agreement to these Terms. EMG’s provision of the Services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.
1.2 Notwithstanding anything to the contrary contained in these Terms, EMG may, from time to time change these Terms without the consent of Customer, and such changes shall become effective at the beginning of the next month of Services.
2. Consent for Electronic Delivery of Communications.
2.1 Electronic Delivery of Communications. By accepting these Terms, Customer agrees and consents to receive electronically all communications, agreements, notices, documents and disclosures relating to the Services and/or these Terms (collectively, “Communications”). Communications include agreements and policies Customer agrees to including updates to these Terms or EMG’s policies; transaction receipts or confirmations; statements and transaction history; and any other transaction information or other information related to the Services and/or these Terms. EMG will provide Communications to Customer by emailing them to Customer at the primary email address designated by Customer on its account.
2.2 Hardware and Software Requirements. In order to access and retain electronic Communications, You will need the following computer hardware and software: a computer with an internet connection; current “web browser” that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader to open documents in pdf format; a valid email address; and sufficient storage space to save past Communications or an installed printer to print them. By accepting these Terms, Customer confirms that it has access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for Customer’s records. Customer may print or save a copy of these Communications for Customer’s records as they may not be accessible online at a later date.
2.3 Withdrawal of Consent. Customer has the right to withdraw Customer’s consent for electronic Communication at any time. To withdraw consent, Customer may send a written request (a) by regular mail to Exchange Media Group, Inc., P. O. Box 490, Fayetteville, TN 37334 07430, or (b) by email to email@example.com . If consent is withdrawn, EMG reserves the right to discontinue the Services and terminate any and all agreements with Customer, and/or charge Customer additional fees for paper copies.
2.4 Requesting Paper Copies of Electronic Communications. If, after Customer consents to receive Communications electronically, Customer would like a paper copy of a Communication EMG previously sent Customer, Customer may request a copy within one hundred eighty (180) days of the date EMG provided the Communication to Customer by contacting EMG as described above. EMG will send Customer’s paper copy to Customer by U.S. mail. In order for EMG to send paper copies to Customer, Customer must have a current street address on file with EMG as Customer’s primary mailing address. If
Customer requests paper copies, Customer understands and agrees that EMG may charge Customer a paper communications fee for each Communication at EMG’s current rate.
2.5 Updating Your Contact Information. Customer is responsible for keeping its primary email address on file with EMG up to date so that EMG can communicate with Customer electronically. Customer understands and agrees that if EMG sends Customer an electronic Communication but Customer does not receive it because Customer’s primary email address on file is incorrect, out of date, blocked by Customer’s internet service provider, or Customer is otherwise unable to receive electronic Communications, EMG still will be deemed to have provided the Communication to Customer. If Customer uses a spam filter or other technology that blocks or re-routes emails from senders not listed in Customer’s email address book, Customer must add EMG to Customer’s email address book so that Customer will be able to receive the Communications from EMG. Customer can update primary email address or street address at any time by sending the updated information to EMG (a) by regular mail to Exchange Media Group, Inc., P. O. Box 490, Fayetteville, TN 37334 07430, or (b) by email to firstname.lastname@example.org . If Customer’s email address becomes invalid such that electronic Communications sent by EMG are returned, EMG reserves the right to discontinue the Services and terminate any terminate any and all agreements with Customer, and/or deem any and all of Customer’s accounts with EMG as “inactive”.
3. Licensed Content. EMG will provide Customer with content on a website created and hosted by EMG (the “Licensed Content”). The Licensed Content may consist of (but is not limited to) text, articles, blog posts, images, infographics, audio, video, and other items posted directly to the website by EMG. The Licensed Content shall include all items provided by EMG to Customer including the domain name and the entirety of the website except: (i) Customer’s name, logo, and contact information provided by Customer; (ii) any original works provided by Customer to EMG for posting on Customer’s website (“Original Works”); and (ii) Custom Content (as defined below) purchased separately by Customer from EMG.
4. License Grant.
4.1 Content License. Subject to Section 4.2 below, EMG grants to Customer a limited, non- exclusive, non-transferable, and non-sublicensable license to display the Licensed Content on Customer’s website for so long as the website is hosted by EMG. The foregoing includes the right to permit end users to access the Licensed Content solely for their own non-commercial personal end use and not for redistribution. Customer is not granted any right to, and shall not, authorize, permit, or enable any other use of the Licensed Content by end users, or any use of the Licensed Content by any other Person.
4.2 Content License Restrictions. The license granted in Section 4.1 is subject to the following restrictions:
(a) Customer shall not include the Licensed Content in any manner other than on the website hosted by EMG as expressly permitted herein.
(b) Customer shall not make the Licensed Content available, or otherwise use the Licensed Content, except as expressly licensed pursuant to Section 4.1 . Any use by Customer of the Licensed Content on any other website, mobile site or application, or other media or advertising of Customer other than the Website requires a separate written agreement between EMG and Customer, and EMG has no obligation to enter into any such agreement.
(c) Customer shall not permit any use of the Licensed Content by any Person, other than as expressly provided in Section 4.1 with respect to end users.
(d) Customer shall not permit the Licensed Content to be, or appear to be, copied, reproduced, performed, displayed, or distributed on, as part of or in connection with any website or other online (including mobile) area other than the website, whether by framing, in-line linking, appearing in a new window, or otherwise.
(e) Customer shall not edit, alter, modify, combine with other content, or create any derivative works of the Licensed Content.
(f) EMG shall retain complete ownership and control of all Licensed Content hosted on the Website. EMG will have sole discretion to determine what Licensed Content may be provided to and hosted on the website, and EMG may remove any Licensed Content from the website at any time without notice to Customer.
(g) Customer shall cease using and return any Licensed Content to EMG upon demand.
All uses of the Licensed Content that do not comply fully with the provisions of this Section
4.2 shall for all purposes be deemed beyond the scope of the license granted hereunder. Any violation of this Section 4.2 by Customer shall be a material breach of these Terms that is incapable of cure, and, in the event of any such violation, EMG may, in addition to and not in lieu of all other remedies, immediately terminate this license.
4.3 Reservation of Rights. Neither these Terms, nor any act, omission, or statement by EMG, conveys any ownership right in any of the Licensed Content or any copyright, trademark, patent, trade secret, or other intellectual property of EMG to Customer. Except for the license expressly granted to Customer in Section 4.1, all right, title, and interest in and to the Licensed Content remains with EMG.
5. Customer Obligations.
5.1 Required Notices. Customer shall display with the Licensed Content the appropriate copyright and trademark notices and any other source attribution required by EMG. Customer shall not alter, remove, or obstruct any such notices or attribution included with any of the Licensed Content as provided by EMG.
5.2 User Complaints. Without limiting the foregoing, if Customer receives any notice claiming that the Website or the Licensed Content infringes or otherwise violates any intellectual property or other third-party right, Customer shall:
(a) immediately notify EMG in writing, including such detail as is available and necessary for EMG to evaluate and address such complaint; and
(b) fully cooperate with EMG in addressing such claims.
5.3 Original Works. With respect to any Original Works provided by Customer to EMG, such Original Works shall be the property of Customer. To be considered Original Works, the information must originate with Customer, be provided by Customer to EMG, and be identified as Customer’s Original Works at the time the information is provided to EMG. EMG has the absolute discretion to remove, restrict, dismantle or block any material that it deems to be inappropriate, indecent, in poor taste, pornographic and/or may violate any law (including copyright, trademark or patent).
6. Custom Content. EMG offers the creation of custom content at the request of the Customer (“Custom Content”). The creation of Custom Content is not included in the Monthly Fee but may be purchased by Customer at an additional charge.
7. Marketing Packages. EMG offers marketing packages, which are not included in the Monthly Fee but may be purchased by the Customer at an additional charge. Marketing packages have additional terms and may be billed as either a one-time charge or on a month-to-month basis depending upon the plan purchased by the Customer.
8. Payment and Taxes.
8.1 Payment. Subject to these Terms, EMG provides a 14-day free trial for each Customer. Customer shall pay a monthly fee (the “Monthly Fee”) for the Services following the expiration of the 14-day free trial. The Monthly Fee is payable in advance and will be charged to Customer’s credit card on the date the 14-day expires and on the same date of each month thereafter. Customer authorizes EMG to charge Customer’s credit card for the Monthly Fee, plus any additional fees for Custom Content or Marketing Packages, on the date the Monthly Fee is due, on a month-to-month basis. Fees not paid within 30 days of are considered past due and will accrue interest at the rate of 1.5% per month (of the outstanding balance) until paid, but in no event shall the interest rate exceed the maximum amount permitted by law. Customer shall pay all costs incurred by EMG in the collection of past-due fees, including collection agency fees, reasonable attorney fees and court costs. Additionally, without limiting its other rights and remedies in such event, EMG reserves the right to deactivate Customer’s website, until such past due invoices are paid in full. EMG reserves the right to change the Monthly Fee by providing one month’s advance notice to Customer.
8.2 Taxes. Customer will pay all sales, use, value added, and similar taxes related to the provision of the Services by EMG.
9. Term and Termination.
9.1 Term. EMG will provide Customer with the Services on a month-to-month basis, subject to these Terms.
9.2 Termination. Either party may terminate the Services by providing 30 days advance written notice to the other party.
9.3 Effect of Expiration or Termination. Upon any expiration or termination of the Services:
(a) All licenses granted under these Terms shall also terminate, and Customer shall cease using and return all Licensed Content to EMG and then delete from its systems and servers any remaining Licensed Content provided by EMG. Upon EMG’s written request, Customer shall promptly provide EMG with written certification of such deletion.
(b) Customer shall promptly pay all unpaid fees that relate to the period prior to the effective date of expiration or termination.
(c) Termination shall not entitle Customer to any refund of any fees paid prior to the termination date.
10. E-Mail Marketing. Customer agrees that EMG may send Customer promotional e-mails about its business, product offerings and other updates. Customer may opt-out from e-mails at any time by unsubscribing or by contacting EMG and requesting to opt-out.
11. Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE WEBSITE, AND THE LICENSED CONTENT ARE PROVIDED “AS IS”: WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EMG HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EMG DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S OR END-USER’S ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET CUSTOMER’S OR THE END-USER’S REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMG SHALL CREATE A WARRANTY. SHOULD THE SERVICES, THE WEBSITE, OR THE LICENSED CONTENT PROVE DEFECTIVE, EMG IS NOT RESPONSIBLE FOR ANY REVENUE LOST BY CUSTOMER OR END USERS FOR DEFECTS IN THE SERVICES, THE WEBSITE, THE LICENSED CONTENT, OR FOR THE FAILURE OF THE WEBSITE TO BE AVAILABLE FOR VIEWING ONLINE.
12. Indemnification. Customer shall indemnify, hold harmless and, at EMG’s option, defend EMG against all losses arising out of or resulting from any action, claim, or demand by a third party related to or arising out of: (a) any Original Works provided by Customer to EMG for posting on Customer’s website; and (b) Customer’s use of the Licensed Content in any manner not permitted under this Terms.
13. Limitation of Liability.
13.1 No Consequential or Indirect Damages. EMG WILL NOT BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICES, THE WEBSITE, AND/OR THE LICENSED CONTENT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, OR EXEMPLARY DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, LOSSES OF BUSINESS, REVENUE, OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER EMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Cap on Monetary Damages. EMG’S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, THE WEBSITE, AND/OR THE LICENSED CONTENT WILL NOT EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO EMG IN THE THREE (3) MONTHS PRECEDING THE COMMENCEMENT OF THE EVENTS GIVING RISE TO THE CLAIM.
14.1 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
14.2 Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and addressed to EMG as follows:
If to EMG: Exchange Media Group Inc.
Attn: Will Thomas
P. O. Box 490
Fayetteville, TN 37334
EMG may send notices to Customer via e-mail to Customer’s e-mail address on file with EMG.
Notices sent in accordance with this Section shall be deemed effectively given: (a) when received, if delivered by hand (with written confirmation of receipt); (b) when received, if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by e-mail to Customer’s e-mail address listed above, if sent during normal business hours of the recipient, and on the next business day, if sent after normal business hours of the recipient or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.
14.3 Interpretation. For purposes of Terms, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms:
(x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, these Terms; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder.
14.4 Assignment. Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under these Terms, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without EMG’s prior written consent. No delegation or other transfer will relieve Customer of any of its obligations or performance under these
Terms. Any purported assignment, delegation, or transfer in violation of this Section is void. EMG may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under these Terms without Customer’s consent. These Terms are binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
14.5 No Third-Party Beneficiaries. These Terms are for the sole benefit of EMG and Customer and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of these Terms.
14.6 Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify these Term so as to effect the original intent as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
14.7 Governing Law. These Terms shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Tennessee.
14.8 Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by single-arbitrator arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof. The venue for arbitration shall be in Fayetteville, Tennessee.
14.9 Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to the Services, these Terms, or the transactions contemplated hereby.
14.10 Attorneys’ Fees. In the event that any arbitration, action, suit, or other legal or administrative proceeding is instituted or commenced by EMG against Customer arising out of or related to these Terms or the Services, EMG shall be entitled to recover its actual attorneys’ fees, expenses, and court costs from Customer if EMG is the prevailing party.
If you have any questions about these Terms of Service you may contact us at:
Address: 404 Main Ave S, Fayetteville, TN 37334 United States
Best Insurance Agency Websites REFUND POLICY
We understand that things happen and that is why we at Best Insurance Agency Websites offer a 14-day refund policy.
That’s right, you have 14 days from the date of purchase to get a 100% refund. All refund requests must be submitted in writing to email@example.com with subject line: Refund (Name of Product Purchased), Body of email: Name, date of purchase, reason for refund. We will not refund after 14 days of date of purchase. If you complete more than 50% of the program you forfeit your refund.
Once we receive your request for refund we will review and notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Please understand all refunds are discretionary by Best Insurance Agency Websites and if it is determined you are abusing our refund policy we have the right to terminate/suspend access to the Best Insurance Agency Websites program at which time no refund will be given.
LATE OR MISSING REFUNDS
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org
If you have any questions please contact us at email@example.com