Terms of Service

 

Please read these terms of service and use (“terms”, “terms of service” “Terms of Use”)) carefully before using the https://commonsensewebmarketing.com, https://happycustomerreviews.com or https://happycustomerreviews.app websites (Sites) or (the “service”) operated by Common Sense Web Marketing, Inc (“us”, ‘we”, “our”).

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE COMMON SENSE WEB MARKETING, INC WEBSITE(S) LISTED ABOVE OR SERVICES, OR POSTING OR ACCESSING ANY CONTENT ON THE SITE(S) OR THROUGH THE SERVICES COMMON SENSE WEB MARKETING PROVIDES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE(S), SOFTWARE, SERVICES OR COMMON SENSE WEB MARKETING, INC’S CONTENT.

Conditions of Use

The digital services that we provide to you, are subject to the conditions stated below in this document. Every time you visit our websites, use its services or software, or make a purchase, you accept the following conditions. Therefore, we urge you to read them carefully.

Privacy Policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Intellectual property

You agree that all materials, products, software and services provided on our websites are the property of Common Sense Web Marketing, Inc, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce, reverse engineer or redistribute the Common Sense Web Marketing, Inc’s intellectual property, software or widgets in any way, including electronic, digital, or new trademark registrations.

You grant Common Sense Web Marketing, Inc a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement. Any User Content that you make available through our site(s) or services, you hereby acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Therefore, you represent and guarantee that: (i) you are the sole and exclusive owner of all User Content that you make available through our Site(s) or Services or that you have all rights, licenses, consents and releases that are necessary to grant to Common Sense Web Marketing, Inc the rights in such User Content.

License to use the website, mobile apps, business panel and software

You have a non-exclusive, limited, non-transferable, and revocable license to use the materials available on this website. Our websites, software, mobile apps, widgets and business panel may not be used for any other purpose other than for their designed intent. Your right to use our services and the license to use our software is terminated the moment you stop using or paying for our website(s) services or software. If you wish to cancel your service with us, you must send us an email from the email address that you used to register for our services stating that you wish to discontinue the use of our service or software with in 30 days of your last day of intended use. You may send your cancellation notice to: [email protected]

Communications

If your communication with us is electronic, every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to any of our services listed on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website(s), mobile apps and business panel and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Applicable Law

By visiting our website(s) or using our services, you agree that the laws of the state of Florida, USA, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Common Sense Web Marketing, Inc and you, or its business partners and associates.

Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court in Palm Coast, FL and you consent to exclusive jurisdiction and venue of such courts.

Comments, Reviews, and Emails

Users of our websites, mobile app, business panel or software may post content if it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content must be free of software viruses, political campaign, and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Common Sense Web Marketing, Inc non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

When you interact with our software, request a review, post a review, write or making available any user-generated content (“User Content”) through our Site(s), mobile app(s), business panel and Services, you hereby grant to Common Sense Web Marketing, Inc a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site(s) and the Services that we provide to you and others. Common Sense Web Marketing, Inc does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.

Common Sense Web Marketing, Inc reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion without notice.

Compliance with 3rd Party Review Site Policies

Our Happy Customer reviews app and business panel allows its users to get new reviews for their businesses, respond to those reviews and monitor their online reviews from various review sites. Because these software programs use 3rd party API’s, the user agrees to abide by the review sites privacy policy and user agreements while using our 3rd party software, widgets or connected API’s.

Getting a new review: When using our Happy Customer Reviews mobile app and business panel to soliciting reviews, businesses must provide all recipients the same options to provide their review or feedback, regardless of their experience. This applies to review requests sent via our review templates, business platform, mobile app, email templates and text (sms) messages.

Sites prohibiting solicitation of reviews: Businesses using the Happy Customer Reviews app, business panel or Common Sense Web Marketing, Inc software will fully comply with sites such as Yelp that prohibit review solicitation, and will not misuse the Common Sense Web Marketing, Inc platform or software to bypass review sites’ policies.

Failure to comply with 3rd Party Review site policies: If a business attempts to circumvent the Terms of Service of 3rd party review sites, Common Sense Web Marketing, Inc will notify the business and allow them 30 days take corrective action. Should the business fail to comply within the 30-day notice period, their account will be suspended from Common Sense Web Marketing, Inc.

Trademarks

All trademarks, service marks, logos, trade names and any other proprietary marks or designations of Common Sense Web Marketing, Inc used herein are the property of Common Sense Web Marketing, Inc. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

User Account

If you are an owner of an account or user of our websites, services, mobile apps or business platforms, you are solely responsible for maintaining the confidentiality of your private user login details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

Pricing and Billing

Please see your customer service representative or your contract for information regarding pricing and billing for our Services or use of our software. If you have any questions about Common Sense Web Marketing, Inc’s billing policies, please contact Common Sense Web Marketing, Inc at sales@commonsesewebmarketing.com

Privacy Policy

The collection, use and storage of your personal information is governed by our Privacy Policy located at https://commonsensewebmarketing.com/privacy-policy/. The Privacy Policy is incorporated into these Terms of Use in its entirety. For questions regarding the Privacy Policy, please send an email to [email protected]

Changes to Services or Terms

Common Sense Web Marketing, Inc reserves the right, at its sole discretion, to modify, discontinue or terminate the Site(s) or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any in use or terminated services currently offered as part of our Services. If we modify these Terms, we will post the modification on our above Site(s) or otherwise provide you with notice of the modification. By continuing to access or use the Site(s), our software, mobile app, business panel or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to the modified Terms of Service. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site(s) and Services. These Terms may only be modified in writing as set forth in this paragraph and may not be modified verbally. Please visit this page regularly to review these Terms of Service for any changes or updates.

Entire Agreement, Governing law, Severability, Non-waiver, Assignment

These Terms of Use are combined with our Privacy Policy to constitute the entire agreement between the parties using our websites, software, mobile app, business platforms, services and all related activities of the persons accessing our software, websites or mobile apps and platforms. If any part of these Terms is found to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions of this Terms of Use. The failure of Common Sense Web Marketing, Inc to exercise or enforce any right or provision under these Terms of Use shall not constitute permission of such right or provision. These Terms of Use and any action related thereto, will be governed by the laws of the State of Florida without regard to its conflict of laws or provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Flagler County, Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Contact Us

If you have any questions about these Terms, please contact Common Sense Web Marketing, Inc at [email protected]