Effective June 2020
PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY OPTIMA MEDIA, S.L. (“BEYONDCOMPARE"). THE BEYONDCOMPARE.COM WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY BEYONDCOMPARE IN CONNECTION THEREWITH (COLLECTIVELY, "WEBSITE") ARE OWNED AND OPERATED BY BEYONDCOMPARE. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY USING THE WEBSITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND BEYOND COMPARE'S PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.
You may at any time request a copy of this Agreement by emailing us at:
[email protected] - Subject: Terms of Use.
1. Modifications of this Agreement
BeyondCompare RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES. THIS AGREEMENT, TOGETHER WITH BeyondCompare’S PRIVACY POLICY, ANY OTHER LEGAL NOTICES PUBLISHED BY BeyondCompare ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND BeyondCompare CONCERNING THE WEBSITE AND SUPERSEDE ANY COMMUNICATION OR UNDERSTANDING BETWEEN THE PARTIES REGARDING THE WEBSITE.
2. Website Access
2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Beyondcompare hereby grants you permission to use the Website only as set forth in this Agreement, and provided that: (i) you will not copy or distribute any part of the Website in any medium without Beyondcompare's prior written authorization; (ii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iii) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; and (iv) you may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website.
2.2 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to Beyondcompare’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any unauthorized commercial solicitation purposes. Beyondcompare reserves the right in its sole discretion to investigate and take appropriate legal action against anyone who, in Beyondcompare 's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
3. Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Beyondcompare, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Beyondcompare reserves all rights not expressly granted in and to the Website and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
4. Term
This Agreement shall remain in full force and effect while you use the Website. Beyondcompare may terminate your access to the Website at any time, for any reason, and without warning. Sections 5 through 13 shall survive termination of this Agreement for any reason.
5. Product and Service Offerings
The products and services featured on the Website are offered by third parties (“Offerors”). When you select a product or service featured on the Website, you are redirected to the Offeror’s website. Any purchase is made directly from such Offeror, not from Beyondcompare. Product and service descriptions and specifications are subject to change. Product and service descriptions, prices and other information on the Website may contain typographical errors or may be incorrect, incomplete or not current. Beyond Compare periodically adds, updates and corrects the information in the Website without notice, based on information provided by Offerors. Beyondcompare assumes no responsibility for the accuracy of such information.
6. Third-Party Websites
The Website contains links to third-party websites that are not owned or controlled by Beyond Compare. When you access third-party websites, you do so at your own risk. Beyond Compare encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third-party website that you visit. Beyond Compare has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in, or products or services offered through, any third-party websites. In addition, Beyond Compare will not and cannot monitor, verify, censor or edit the content of any third-party website. By using the Website, you expressly relieve Beyond Compare from any and all liability arising from your use of any third-party website.
7. WARRANTY DISCLAIMER
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL, LEGAL OR FINANCIAL ADVICE. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND ARE INCORPORATED HEREIN BY THIS REFERENCE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Beyond Compare, ITS ADVERTISERS, OFFERORS AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER BeyondCompare NOR ITS ADVERTISERS NOR LICENSORS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
BeyondCompare DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND Beyond Compare WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS OR SERVICES.
8. Indemnity
You agree to defend, indemnify and hold harmless Beyondcompare, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys' fees) arising from: (i) your use of and access to the Website or any Content posted thereon; or (ii) your violation of any term of this Agreement or of your representations and warranties set forth herein.
9. Eligibility
By using the Website, you represent and warrant that you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to Beyondcompare that you are such minor’s legal guardian).
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL BeyondCompare, ITS ADVERTISERS, OFFERORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Beyond Compare IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, Beyond Compare'S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BeyondCompare IN CONNECTION WITH THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT BEYONDCOMPARE ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. BEYOND COMPARE WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
11. Assignment
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without Beyond Compare's prior written consent; any purported assignment in violation of the foregoing shall be void and without effect. Beyondcompare may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
12. Dispute Resolution
12.1 Jurisdiction; Choice of Law. This Agreement is governed by Spanish law, without regard to conflict of law provisions thereof or to the 1980 U.N. Convention on contracts for the international sale of goods. Any dispute arising from or relating to the subject matter of this Agreement shall be brought before the Spanish courts, and you hereby consent to the jurisdiction of such courts. If you are a consumer resident in another country, nothing in this Agreement will affect your ability to rely on mandatory provisions of the law of your country of residence.
12.2 CLASS ACTION WAIVER. NEITHER you NOR BeyondCompare WILL HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN ANY JURISDICTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER in connection with this agreement or the website.
13. Miscellaneous
If any provision of this Agreement is deemed invalid or unenforceable by an arbitrator or court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Beyondcompare's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND BeyondCompare AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Update June 2020
Thank you for using the Beyond Compare website at www.beyondcompare.com (the “Website”), through which we gathered and indexed for you offers from our partners for goods and services (the “Offers”).
These Terms of Use are between you (“you”, the “User”) and Optima Media S.A.R.L. If you have any questions, concerns or inquiries regarding these Terms of Use or if you need to send us a notice, we can be reached at the following addresse:
Optima Media S.L - Av. de Josep Tarradellas 38 - 08029 - Barcelona, Spain - Email: [email protected]
If you would like a copy of these Terms of Use, including any previous version, please contact us at [email protected]:
Please read these Terms of Use carefully before using our Website as they contain your rights and obligations when you use our Website and access the Offers.
If you would like more information on how we collect, use or disclose your personal information, please refer to our Privacy Policy.
These Terms of Use apply whenever you are navigating our Website. If you do not agree with our Terms of Use, you may not use our Website whether or not you use it to access Offers.
1. Modifications of These Terms of Use
We may modify these Terms of Use in the future. Please refer to the above date to see the latest update date. If you used our Website at a certain point in time, the version of these Terms of Use in force at this time will find application. Please make sure to review these Terms of Use prior for subsequent uses. If we need to make material modifications to these Terms of Use, we will provide you with a notice through our Website after the changes are effective. If you do not agree to these modifications, you may cease to use our Website
2. Acceptable Use Policy
You are only permitted to use our Website and access Offers if you comply with this Acceptable Use Policy, which is composed of the following commitments:
- You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license or sell the Content, the Mark, or any parts of our Website or the Offers, in any medium whatsoever, without our prior written authorization, unless permitted otherwise by applicable laws.
- If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. In the event that your use of the Content infringed upon any intellectual property rights, we reserve the right to investigate and prosecute any violations to the fullest extent of the law.
- You will not alter or modify any part of the Website unless expressly permitted;
- You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website;
- You will not decompile, disassemble or reverse engineer, investigate, modify, create derivative works from, or otherwise access any interfaces within the Website that are not intended for users, or any of the software comprising or in any way making up part of the Website;
- You will not use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, that accesses the Website in a manner that sends more request messages to Beyond Compare’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser;
- You will not access the Website or the Offers in a way that would disrupt other users’ enjoyment of our Service and Website, including abnormal usage that would overload our services or cause our network to be blocked or the use of technologies to “scrap” data, especially personal information of other users.
- You will not use the Website or the Offers if you are under 18 years old.
Beyond Compare reserves the right in its sole discretion to investigate and take appropriate legal action against anyone who violates this Acceptable Use Policy, including without limitation, reporting you to law enforcement authorities. We may also suspend your access to the Website or to the Offers.
3. Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, interactive features, along with any underlying technologies and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”). As between you and us, we own all rights, titles and interests into the Content, Marks and the Website.
Our Offerors own all rights, titles and interests into the Offers and any related intellectual property, including their trademarks and logos.
We reserve all rights not expressly granted to you in these Terms of Use.
In the event that the Content, the Marks or the Website are in violation of any third party’s intellectual property rights, please send us a notice so that we can investigate and take proper actions, including taking down any content that is infringing upon the rights of another party.
4. Offers and Commercial Partners
The Offers are provided through our commercial partners (the “Offerors”).
If you select an Offer (such as by clicking on the Offer), you will be redirected to the Offeror’s website. You agree and understand that the Offers are provided by Offerors subject to their respective terms and conditions. Please refer to the Offerors terms and conditions prior for purchasing an Offer.
The Offer may be available in limited quantities, and their descriptions and specifications are subject to change. When our Offerors provide us with information on the Offers, we may not verify such information, and the Offerors may request that we modify them on an ongoing basis. Our Offerors are responsible for ensuring that their information related to the Offers is compliant with applicable law and accurate.
If the information provided proves to be inaccurate or misleading, please contact us and inform us. We will conduct an inquiry and provide notice to our Offerors. We may take down any Offers that are not compliant with applicable law or that contain misleading statements. We take these complaints seriously, and we will act diligently.
You agree and understand that our liability is limited to these good faith and due diligence efforts, and that our Offerors are solely responsible for their Offers. You also agree and understand that the Offerors may collect, use and disclose your personal information based on their own privacy policies and that the Offers are subject to terms and conditions that are not part of these Terms of Use.
You understand that we do not employ any specific methodology for selecting Offerors and Offers. We select our Offerors and Offers discretionarily and we are remunerated for doing so. Our Offers may not be an accurate representations of the Offers on the market or the best pricing available on the market.
5. Third-Party Websites
The Website may contain links towards third party services, applications or websites which are not Offers or Offerors (the “External Services”). The External Services are not subject to these Terms of Use and are provided for information purposes. If you decide to use External Services, you do so at your own risk. We encourage you to review the terms and conditions as well as the privacy policies relating to External Services prior for using them. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in, or products or services offered through any External Services. We will not and cannot monitor, verify, censor or edit the content of any External Services.
6. Disclaimers
The information (including, without limitation, advice and recommendations) on the Website is not intended as medical, legal, security or financial advice. Also, it is not intended as a substitute for professional advice or services from a qualified provider familiar with your unique facts.
We aggregate Offers from Offerors. If you purchase Offers from Offerors, you will be required to enter into an agreement with the Offerors. We are not liable for your relationship with Offerors, or for any aspects of their Offers.
We do not make any representations or warranties regarding the Offers or the External Services. These are not within our control, and you agree to disclaim any liability from our part regarding the Offers or the External Services except as otherwise set forth in these Terms of Use. We do not warrant, endorse, guarantee or assume responsibility for the Offers or the External Services. We are not responsible for any transactions with an Offerors.
7. General
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law. The invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Beyond Compare’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.