|Terms and Conditions
West Coast Pedal Board reserves the right to modify, revise or discontinue the website, or any features, functionality or services provided as part of or in connection with the website, without prior notice.
Children. This website is intended for use by persons of age 18 or older and is not directed at children. Children under the age of 18 may use this site only with the supervision and consent of parent or guardian.
International Information. This Website may be accessed by users internationally and may contain references or cross references to West Coast Pedal Board products, programs and services that are not available in your country. Such references do not imply that West Coast Pedal Board intends to make available in your country such products, programs or services or that such product may lawfully be used in or imported into your country.
Linking and Framing. You are permitted to view the website only in its full presentation form and are prohibited from “framing” the website.
Website Content. All text, graphs, data, user interfaces, photographs, trademarks, logos, audio, video, artwork, computer code, software and other content appearing on this Website including, without limitation, the design, structure, expression and arrangement of the content are the sole and exclusive property of West Coast Pedal Board or West Coast Pedal Board’s licensors. Except as may otherwise be expressly provided in the website, West Coast Pedal Board does not grant you a license to any content you may access on this website, including, without limitation, any patent, copyright, trademark, service mark or other intellectual property of West Coast Pedal Board or any third party. EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED FOR IN THE WEBSITE, YOU MAY NOT FOR ANY PURPOSE DOWNLOAD, DISTRIBUTE, REVERSE ENGINEER, EXCHANGE, MODIFY, SELL, RENT, LOAN, TRANSMIT OR SAVE A COPY OF ANY OF THE WEBSITE SCREENS OR CONTENT. UNAUTHORIZED USE OF THE CONTENT MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS. The use of any Content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use the content except as expressly provided herein.
Products: West Coast Pedal Board reserves the right without prior notice to discontinue products, models, parts and accessories, and other items or change specifications at any time without notice or liability to any third party.
Third Party References. References to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by West Coast Pedal Board. Any views expressed by third parties on this website are solely the views of such third party and West Coast Pedal Board assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Objectionable Content. You acknowledge that by using the website, you may access content that you may consider offensive, indecent or objectionable. It is your responsibility to evaluate, assess, and bear any risk, associated with the use of any content.
Contests, Sweepstakes, and Other Services. From time to time, you may be invited to participate in contests, sweepstakes, or similar events. Such events may require you to submit personal information to participate. Each event shall be subject to separate rules, and you should review all applicable rules before participating. The offer by West Coast Pedal Board of a contest, sweepstake or similar event on the website does not mean that it is applicable to your jurisdiction.
Links to Third Party Websites. This Website may contain links to or be accessed through links on world wide websites of West Coast Pedal Board dealers and distributors and other third parties. West Coast Pedal Board dealers and distributors are independent contractors and are not agents of West Coast Pedal Board. West Coast Pedal Board does not have responsibly for the contents, availability, operation or performance of websites of West Coast Pedal Board’s dealers or distributors, or any other web sites to which this website may be linked to or from which this website may be accessed. West Coast Pedal Board does not author, edit or monitor these links or web sites. You acknowledge and agree that West Coast Pedal Board is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content available on external web sites or sources.
B. USER CONTENT; FORUMS and FEEDBACK SUBMISSION
Your Use of User Submissions. West Coast Pedal Board is not involved in any transactions between the users who submit user submissions, and the users who view or use such information. Without limiting the generality of foregoing, West Coast Pedal Board is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the user submissions contained in the website. Further, please note that West Coast Pedal Board cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the website.
User Conduct. By posting user submissions to the website, you agree to the following conduct guidelines and warrant that:
You will not post anything on the website that violates the intellectual property rights of others, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights. If you believe that any user submission infringes your copyrights, you may provide a notification of claimed copyright infringement to West Coast Pedal Board customer service staff.
Links within User Submissions. If your user submission includes links to internet sites (“Posted Links”), you are deemed, to the extent you are able, to grant to West Coast Pedal Board a worldwide, royalty-free, sublicenceable, non-exclusive right to display the Posted links for so long as the user submission is available on the website. West Coast Pedal Board requires that posted links be restricted to home pages, and not “deep links,” unless the posted link is to an internet site that you own, operate, or to which you are otherwise authorized to link. West Coast Pedal Board reserves the right in its sole discretion to remove any posted links for any reason whatsoever. Inclusion of any links (Posted Links or others) in user submissions does not imply any endorsement by or responsibility of West Coast Pedal Board with regard to the contents of sites related to posted links.
Product Feedback; Relinquishment of All Rights. West Coast Pedal Board appreciates hearing from its customers regarding our products. Comments regarding product feedback should only be submitted to West Coast Pedal Board using the form provided at http://www.westcoastpedalboard.com/contact.html/. All remarks, suggestions, ideas, graphics, or other information communicated to West Coast Pedal Board through this form or the website generally (collectively, the “Product Feedback”) will forever be the property of West Coast Pedal Board. West Coast Pedal Board will not be required to treat any product feedback as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future West Coast Pedal Board products or operations. Without limitation, West Coast Pedal Board will have exclusive ownership of all present and future existing rights to the product feedback of every kind and nature, throughout the world. West Coast Pedal Board will be entitled to use the product feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the product feedback. You acknowledge that you are responsible for whatever material you submit, and you, not West Coast Pedal Board, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
C. PURCHASES; TERMS AND CONDITIONS
West Coast Pedal Board may make changes to any products or services offered on the website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the website with respect to products and services may be out of date, and West Coast Pedal Board makes no commitment to update the materials on the website with respect to such products and services.
D. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
Disclaimer. THE WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, TOOLS, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE WEBSITE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS, OR SECURITY OF INFORMATION OR SERVICES; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM West Coast Pedal Board THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
NEITHER West Coast Pedal Board NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF West Coast Pedal Board HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF (I) YOUR USE OF THE WEBSITE, (II) YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE WEBSITE, (IV) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF West Coast Pedal Board OR ANY THIRD PARTY ON THE WEBSITE, OR (VI) OUT OF ANY BREACH OF ANY WARRANTY.
Because some state do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of West Coast Pedal Board, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the maximum extent permitted by such state law.
Reservation of Rights. All Content made available on the Website shall be deemed and remain the property of West Coast Pedal Board, and West Coast Pedal Board shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information or content which any user makes available through this website. West Coast Pedal Board shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by West Coast Pedal Board in writing or required by law.
Indemnity. You agree to indemnify and hold West Coast Pedal Board harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the website by you or any user of your account or related to any violation of these terms and conditions by you or any users of your account.
Consent to Electronic Form of Contract. BY YOUR ACCESS AND USE OF THIS WEBSITE, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PROVISION OF NOTICE IN ELECTRONIC FORM. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by West Coast Pedal Board. You acknowledge that you have the necessary hardware and software to access these provisions as posted on West Coast Pedal Board’s web sites and will maintain such hardware and software throughout your use of this website. You may remove your consent to the electronic form of contracting with West Coast Pedal Board, but in that event, you must provide notice pursuant to these provisions and your authorization to use and access this website is immediately terminated.
General. The laws of California and the United States shall govern use of this website. Users agree that any action, suit, or proceedings arising from or related to use of the website shall be brought exclusively in the federal or state courts in the State of California without regard to choice of law or conflicts of law provisions. The failure of West Coast Pedal Board to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.
These terms and conditions applies to CUSTOMER REVIEWS LTD (Registered in England & Wales) 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, Company No. 11364361 and companies and other organizations who installed and activated Customer Reviews for WooCommerce plugin.
(A) Customer Reviews has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.
(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Customer Reviews provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.
1 Consumer Details
1.1 You will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.
1.2 You will ensure that the Consumer Details are accurate and error free as far as is reasonably possible.
1.3 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:
1.3.1. with the previous written consent of you and/or the Consumer;
1.3.2. where details of that Consumer have been provided to us by a third party;
1.3.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or
1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or
1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.
All company names, brands and other company trademarks and the website belongs to either Customer Reviews or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website’s content cannot be copied and displayed anywhere else on the internet.
Customers shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any third-party claim (including any claim or allegation by any governmental authority) that:
(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;
(b) Customer Reviews use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or
(c) any email message sent or caused to be sent by Customer Reviews on behalf Customer violates any applicable law, rule or regulation.
Customer shall not bring any claim against Customer Reviews arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
4 Limitation of Liability
4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.
4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.
5 Personal Information
Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting [email protected] Withdrawal of consent will be considered as a request to be deleted as a user altogether.
We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorized parties.
Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them (“Data Protection Requirements”).
When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Customer Reviews. When Client uses the Review Collection Services Customer Reviews is regarded as the data processor. This entails that Customer Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Customer Reviews. Customer Reviews shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client’s request, Customer Reviews will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on Customer Reviews website (www.cusrev.com) are processed by Customer Reviews as a data controller.
Customer Reviews is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Customer Reviews Service, including the content published by the Consumers (such content, “User Content”). Customer Reviews does not and cannot control or monitor the User Content and Customer Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Customer Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.
The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client’s products or services by Customer Reviews. Client may not market itself or by other way give public declarations in conflict with the above.
Client’s use of the Customer Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Customer Reviews that its use of the Customer Reviews Service will in no way cause Customer Reviews to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.
When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.
Customer Reviews does not produce or publish contributions on the website. Customer Reviews cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email [email protected]
Customer Reviews accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.
Customer Reviews does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Customer Reviews will accept no responsibility for the contents of the link in question.
Customer Reviews recommendations and reference to concrete companies, e-shops, etc. is only guiding and Customer Reviews can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.
Customer Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, Customer Reviews cannot be made to pay compensation or similar as a result of errors or downtime.
Customer Reviews reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.
We reserve the right to delete reviews that are solicited from external websites.
Reviews solicited outside of the Customer Reviews ecosystem may be flagged and moderated.