Effective: February 1, 2021
Welcome to Verified Reviews! These Terms of Service (these “Terms”), including the Mandatory Arbitration Provisions, provide the terms and conditions under which Net Reviews LLC ("Net Reviews") permits individuals to post reviews and other commentary (which we collectively call “Reviews”), relating to a purchase experience with one of our clients, using the Net Reviews service described herein and on the Verified Reviews web site(s) (collectively, the “Service”). Please review these Terms carefully.
These Terms are a Contract
These Terms are a contract between Net Reviews and an individual consumer who may provide a Review of a product or service (who we refer to as the “Consumer”) sold by an organization that has contracted with Net Reviews to request and publish Consumer Reviews (who we refer to as the “Client”). (Note that we will sometimes refer to Net Reviews in these Terms as “we,” “us” or “our” and to a Consumer as “you” or “your”.) When you elect to submit a Review, you are representing to Net Reviews that you have read and understand these Terms and agree to be legally bound by these Terms.
The Verified Reviews Service is intended to enable Consumers and our Clients to benefit from the collection and sharing of Reviews for their mutual education and enhancement of the Client’s product and service offerings, and a Consumer’s purchasing decisions. In providing the Service, Net Reviews acts as a trusted third party to, on the one hand, collect and disseminate Reviews related to a Consumer experience, and on the other hand, ensure the compliance of the collected content in the Review with applicable law in order to publish, reject or delete such Reviews. We call this our “Moderation” process about which you may find more details below in The Moderation Process.
You, as a Consumer, are given the opportunity to provide an honest Review regarding an actual experience you have had in purchasing a product or service to benefit our Clients and other Consumers. Accordingly, in order to provide any Review, you must comply with the Review Requirements and satisfy the following criteria:
When you submit any Review, you give us permission to contact you using any of the contact information either you or our Client has provided to us. We may contact you to verify information relating to your Review or your identity in order to attempt to validate your Review. You also acknowledge and agree that any Review submitted by you may be used without any compensation or other recognition to you, and may be published by Clients and third parties as they wish.
Time Periods for Reviews
We reserve the right to establish time periods during which we will accept any Review, including the amount of time after which any purchase of a product or service has been completed and the time a Review may be submitted. We prefer to obtain Reviews that are promptly provided but understand that sometimes a reason for submitting a Review may not be immediately apparent. We also recognize that circumstances or opinions may change, and so we may enable you to modify a Review within a limited time after your originally submit such Review. We will use our discretion in establishing time frames that serve the objectives of our Service and provide value to Consumers and Clients.
Our Clients determine whether a Review of their product or service will be publicly available, and the nature of communications with the Consumers of their product or service that may be accessed, communicated, and published using the Service. Our Clients also determine whether to enable the display of aggregate ratings and links for Consumer Reviews on third-party search engines and other services with which they or Net Reviews has a business relationship.
If you desire to submit a Review, we require that you comply with the following requirements which are intended to promote a beneficial experience for all users of the Service:
We include these requirements because Net Reviews does not monitor all communications and activities that take place through the Service by our Clients or other Consumers, so we strive to provide guidance for appropriate conduct. Despite our efforts, we regret that there is a possibility you may be exposed to offensive, indecent, or objectionable behavior by other users of the Service; you understand this and, accordingly, agree that your use of the Service in this regard is at your own risk. If you do encounter any behavior that conflicts with these Review Requirements, or are subject to any other objectionable content, you may contact us at firstname.lastname@example.org.
Ownership of the Service
Net Reviews and its licensors exclusively own all rights, title, and interests in and to the Service, including all proprietary technologies, software, methodologies, analytics, artificial intelligence, and machine learning occurring as a result of your use of the Service, and provided or made available to you by Net Reviews within, or in conjunction with, the Service, and any enhancements, derivative works, or improvements thereto. You acknowledge that the Service is protected by copyright, trademark, and other laws of the United States and other countries.
If you provide to us with any ideas, suggestions, and/or proposals relating to the Service (or other products or services Net Reviews might develop) (all such communications to be referred to collectively as “Feedback”), you acknowledge and agree: (i) Feedback does not contain confidential or proprietary information; (ii) Net Reviews is not under any obligation of confidentiality, express or implied, with respect to any Feedback; (iii) Net Reviews shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way; (iv) Net Reviews may already have under consideration or in development ideas similar to or the same as such Feedback; (v) your Feedback automatically becomes Net Reviews’ property without any obligation to you; and (vi) you are not entitled to any accounting, compensation, or reimbursement of any kind from Net Reviews under any circumstances on account of any Feedback. Net Reviews shall be entitled to utilize all Feedback in any way without restriction or obligation to you. Without limiting these rights, you hereby grant Net Reviews a perpetual, worldwide, sublicensable, non-exclusive, fully-paid, royalty free license under all of your intellectual property rights to use without compensation or acknowledgment to you or others, any Feedback provided to Net Reviews, including the rights to make and sell products and services based on such Feedback.
Warranties, Disclaimers and Limitations
Consumer and Net Reviews each hereby represents and warrants to the other that it has validly entered into these Terms and has the legal power to do so.
NET REVIEWS’ SERVICE, THE NET REVIEWS BRANDING, AND ALL RELATED MATERIALS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF NET REVIEWS ARISING OUT OF OR RELATED TO THE OFFERING OR USE OF THE NET REVIEWS SERVICE OR THESE TERMS (WHETHER IN CONTRACT OR TORT, OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE GREATER OF US$10.
OTHER THAN IN CONNECTION WITH INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL NET REVIEWS ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT NET REVIEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You and we agree that: (i) the mutual agreements made in this Section reflect a reasonable allocation of risk and (ii) that each party would not enter into these Terms without these limitations on liability.
Indemnification by Consumer
Consumer will, upon request from Net Reviews, defend Net Reviews, its service providers, and its and their respective officers, directors, employees, and agents (collectively, the “ Net Reviews Indemnified Parties”), against any and all third party claims, actions, suits, proceedings, and demands (a “Third Party Claim”), and will indemnify and hold harmless the Net Reviews Indemnified Parties from and against all liabilities, losses, damages, penalties, judgments, awards, settlements, costs, and expenses including, without limitation, attorneys and other professional fees incurred in any investigation or defense thereof (collectively “Losses”), arising from, in connection with, or relating to Consumer’s actions or omissions that constitute a violation or breach of these Terms, including the Review Requirements or any of the warranties or representations made by Consumer herein.
We agree to use good faith efforts to provide Consumer with written notice of any claim giving rise to an indemnification obligation of Consumer and cooperate with any reasonable requests assisting Consumer’s defense and settlement of such matter, at Consumer’s cost.
Notwithstanding anything contained in the immediately preceding paragraph, no settlement may be entered into by Consumer without the express written consent of the Net Reviews Indemnified Parties (such consent not to be unreasonably withheld), if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions by the Net Reviews Indemnified Parties, (iii) the settlement does not include a full release of liability for the Net Reviews Indemnified Parties, or (iv) the settlement includes terms other than a full release of liability for the Net Reviews Indemnified Parties and the payment of money.
These Terms, and any disputes arising out of or related hereto, will be governed exclusively by the internal laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
You and we agree that any and all disputes, claims or controversies arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), shall be submitted to JAMS, or its successor, for mediation, and if the Dispute is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the Arbitration Rules set forth below, in each case in Boston, Massachusetts. Either party to a Dispute may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties to the Dispute will cooperate in good faith with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings within thirty (30) days after being submitted to JAMS (the “Mediation Schedule”). The parties to the Dispute agree that they will participate in the mediation in good faith and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
Either party to a Dispute may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first ("Earliest Initiation Date"). The mediation may continue after the commencement of arbitration if the parties to the Dispute so desire. At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the Mediation Schedule. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
Any arbitration initiated pursuant to this these Terms shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, before one arbitrator (unless the parties agree to use three arbitrators). The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. Sections 1-16. The arbitrator shall not have power to award damages in connection with any Dispute exceeding actual compensatory damages and shall not multiply actual damages or award punitive damages, and each party hereby irrevocably waives any claim to such damages. Each party (i) hereby irrevocably submits to the jurisdiction of any federal or state court of located in Boston, Massachusetts for the purpose of enforcing the award or decision in any such arbitration, (ii) hereby waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above named courts, that its, his or her property is exempt or immune from attachment or execution (except as protected by applicable law), that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the award may not be enforced in or by such court, and (iii) hereby waives and agrees not to seek any review by any court of any other jurisdiction which may be called upon to grant an enforcement of the award of any such court. Each party to the Dispute hereby agrees to take any action that is required under this Agreement or the Act to implement any resolution of a Dispute determined by the arbitration. Each party hereby consents to service of process by notice according to these Terms. Each Party agrees that its, his or her submission to jurisdiction and its, his or her consent to service of process herein is made for the express benefit of the other parties hereto.
No Class Actions
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.
Special Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may of course contact us at email@example.com or send us a message to:
Net Reviews LLC
WeWork 8th floor Suite 800, 745 Atlantic Avenue
Boston MA, 02111 USA
Attention: Legal Notice
These Terms constitute the entire agreement between you and us and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
Any notice required or permitted under these Terms must be in writing and delivered by email (i) to you at the email address provided by you when submitting your most recent Review or (ii) to Net Reviews at firstname.lastname@example.org. Net Reviews may also elect to provide notice to you by delivering a message within the Service. Notice shall be deemed to be received upon the date of delivery of the email or message. You agree that all notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Contractual Relationship; No Third Party Beneficiaries
You and Net Reviews are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between us. There are no third party beneficiaries to these Terms.
Net Reviews may change these Terms at any time, in our sole discretion, as new features, technology, or legal requirements arise, so please check back from time to time. If we make a material change to these Terms, we will update the Effective Date set forth above and, in our discretion, may publish a notification of such change on the Verified Reviews web site. You may review the most current version of these Terms at any time by visiting the Verified Reviews web site and by visiting the most current versions of the other pages that are referenced in these Terms. Any material changes to these Terms will become effective on the date set forth in these Terms. If you access or use the Service (including by posting any Review) after the stated effective date, that use will constitute your acceptance of such revised terms and conditions, and your express agreement to be legally bound by such amended Terms. If you disagree with any modification of these Terms you may elect to stop using the Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us.
No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
These Terms will be enforced to the fullest extent permitted under applicable law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
You may not assign or delegate any of your rights or obligations hereunder, whether by operation of law or otherwise, without Net Reviews’ prior written consent (not to be unreasonably withheld). Net Reviews may assign this contract with you in its discretion. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
Copyright 2021 Net Reviews LLC
The Moderation Process
Description of the Moderation Process
Moderation is a process prior or after the publication of a Review which aims to guarantee the conformity of the collected content to the ISO 20488 standard. The Moderation service offered by Verified Reviews is provided in connection with a Client’s subscription to the Service.
Verified Reviews undertakes to respect all these provisions in order to preserve the reliability of the published Reviews and will publish or reject Reviews when it is justifiable. The rejection of a Review is necessarily the result of a manual action by the Verified Review moderators following a report of the Review in question by the Client. All stakeholders and actions related to Moderation are identified and traceable. The same Moderation period applies to all Reviews, whether positive or negative.
Roles and Means of the Moderators
Moderation is carried out by computer tools and/or individuals who are generally referred to as "moderators".
The capacities required and the means necessary for the person occupying the function of moderator are:
- a perfect command of the language in which the Review was written, which mastery must have been objectively validated before taking up the position, equivalent to a level of "Mastery" of the Common European Framework of Reference for Languages (level C2 of the CEFR);
- access to the entire content of the Review;
- access to the identity of the writer (collected during the filing of Review) in order to be able to contact the writer if necessary;
- access to all information relating to the history of the Review submission (number of submissions of the same Review after initial rejection);
- access to the history of writer information (number of Reviews published, subject of previous Reviews); and
- the ability to observe previous Moderation of the Review by another moderator.
The Moderation process is divided into two steps: an automatic moderation followed by a manual Moderation.
In the automatic Moderation, certain Reviews are filtered and placed in Moderation in an internet-accessible interface from which a Client may utilize various tools to review and respond to Reviews (which we call the Client’s “Back Office”). Elements which may trigger automatic filtration include:
- the Review contains illicit, rude, offensive, or discriminatory comments;
- the Review contains personal data that can be identified by the system; or
- the Review text contains unintelligible content.
Certain Reviews that are automatically placed in the Client’s Back Office are automatically reported to the Verified Reviews Moderators for review if:
- the Review contains a content with quotes from a competitor; or
- the Review provides a rating that does not match the commentary.
After the automatic Moderation, a manual moderation takes place, during which Clients may respond to a Consumer submitting a Review or report to the Verified Reviews moderators those Reviews considered problematic, and Verified Reviews moderators assess those Reviews reported by Clients and the automatic moderation system.
This automatic and human moderation systems substantially diminish the potential publication of Reviews that do not comply with the ISO 20488 standard, as well as these Terms and Review Requirements. Thus, only after examining the reported Reviews, do the Verified Review moderators decide whether to publish such reported Reviews.
The automatic moderation is done before the publication of the Reviews. However, the manual part is available at any time from the Client's Back Office and can therefore be moderated after publication, if necessary.
Moderation Time Period
Verified Reviews generally attempts to conclude the moderation for all Reviews, whether positive or negative, so that all Reviews are published seven (7) days after the Review is submitted. However, it is possible that certain moderations may extend up to fourteen (14) days due to extenuating circumstances. In addition, extraordinary circumstances may require additional time delays, upon the express request of the Client, which requests shall be evaluated on a case-by-case basis by Verified Reviews.
Rejection of Client Reviews
Verified Reviews will inform the Consumer of the rejection of a Review and provide the reason for the rejection. However, Verified Reviews is not required to specify the reasons for the rejection of a Review that has been identified as artificially constructing or biasing the evaluation of the product or service.
Reasons for Rejection of Consumer Brand Reviews include:
Verified Reviews will give the Consumer the opportunity to submit a new Review following the rejection of his/her first Review during the Moderation process; up to a maximum of three (3) Reviews.
Editing and Modification
Verified Reviews will not modify or delete content of a Review, such as correcting spelling mistakes, changing user pseudonyms, or hiding or deleting text, other than inserting alternative characters in place of names or numbers in Reviews in order to respect the confidentiality of Personal Data.
Publication of Reviews
Verified Reviews displays all Reviews in their entirety, whether positive or negative, if they have not been rejected during the Moderation process. Reviews are published chronologically from the most recent to the oldest based on the date the Review was submitted, with at least the following information:
- the date and time the Review was submitted;
- the date of the Consumer’s experience;
- the Review writer’s first name and first letter of their surname.
Verified Reviews may also display the product or service purchased and the place of purchase.
Verified Reviews may display below each Review the Client’s right of reply.
Consumer Withdrawal of Reviews
You may request us to withdraw, or cease publication, of a Review by contacting us via email at email@example.com or by sending a request to:
Net Reviews LLC
WeWork 8th floor Suite 800, 745 Atlantic Avenue
Boston MA, 02111 USA
Attention: Legal Notice
We will use commercially reasonable efforts to remove such Review; provided, that such Review shall be retained by Net Reviews in the Net Reviews databases in accordance with applicable law.
Verified Reviews transparently displays on its Attestation page the average score for each of its Clients collected over a period of one (1) year on a rolling basis. Verified Reviews does not aggregate or weight ratings. Reviews are kept for a period of five (5) years in the Verified Reviews Database.
Verified Reviews determines the average score using the following calculation: average score = (sum of the scores in the published Reviews / total number of published Reviews).
The score is calculated as follows:
Reporting Illegal or Inappropriate Reviews
Verified Reviews allows for the reporting of a Review with illegal or inappropriate content by email to firstname.lastname@example.org or through the Client's Merchant Profile Page which is a web page indexed by Google, displaying all Reviews collected for such Client by the Service. This page can be accessed by clicking on the widget or the URL of the web page referenced by the Google search engine.
Client’s Right of Reply
Verified Reviews enables the Client being evaluated the opportunity to respond at any time to a Review through its Back Office. The Client may:
The Client responses are displayed below the relevant Reviews. The Consumer will receive an email informing them of any message relating to his/her Review sent by the Client. The Consumer will be able to reply without being able to modify his/her rating. The Client will likewise be informed of messages left by Consumers on its products and/or services. These various exchanges will be visible publicly online, unless the Client has elected to communicate privately with the Consumer.
This procedure enables a Client to engage with the Consumer when a Review seems unjustified.
Verified Reviews does not interfere with, and accepts no responsibility for, any such communications between the Client and the Consumer. Clients and Consumers are solely responsible for managing any difficulty that may arise from the submission of a Review and any further communications relating to such Review.
Verified Reviews reserves the right to exercise its discretion in banning a writer of a Review that we determine contains illicit or inappropriate content as a result of the moderation process, or where such writer otherwise violates the Review Requirements, and may remove all Reviews from such writer.
Rights of Verified Reviews and the Client in Reviews
Consumers who submit a Review, or any additional communication related to such a Review or a Client response thereto, agree that Verified Reviews and the Client may freely use, reproduce, publish, make available and translate the content of the Review forever throughout the world and in any media and on any medium whatsoever, provided that Verified Reviews and its Client shall only have the right to use the pseudonym used by the Consumer in connection with the Review for a period of eighteen (18) months. Verified Reviews will anonymize each Review eight