TERMS OF SERVICE
The Terms of Service is a legally binding contract between “YOU”, the “User”, the “Subscriber”, the “Patron”, “the Visitor”., the “Guest”, the “Member”, and this “Site” referred to as “We”, “Us” or “Our” to include but not limited to Service With A Smile®, Service With A Smile® Ratings, Go Shopping with a Smile®, SmileRatings, Followup Support Services, and any trademark or enterprise owned by us.
By entering the Site, you are bound by the Terms of Service. It is your responsibility for checking the Terms of Service for changes that may occur at any time. By entering the Site following any changes to the terms, you acknowledge acceptance of any changes. However, we will provide notification of any changes before they take effect. You must be of legal age to use the services of this Site. This Site is rated for a general audience, so therefore if you see anything offensive please report it to us. Profanity is unacceptable!
This Site is a service to which you may post opinions or comments and become a member. Your opinions or comments may be entered in the form of a post or comment for any business, entity, or organization. Your opinion is your voice and we will rate and review them to establish a pass or needs improvement indicator as part of the Central Consumer Information platform.
We charge usage and access fees only. Any ratings, reviews, or opinions provided by you are done so without request and are free of any fee. You may be asked to join in a Community Campaign from time to time to support other members to honor those who deserve it. You may choose to accept or decline and this is also free of any fee to us or payment to you.
You must agree not to be paid by a third party to post an opinion, an experience, a rating, or a complaint. You must act independently to post your own truthful experience and content. Your comments or opinions must be considered to be at arm’s length without a conflict of interest.
We provide a place to post opinions and comments and may administer our own ratings and reviews for each post. You are welcome as a subscriber and member to review any post, it’s rating if applicable, and write your opinion in the form of a post within the same category to share your opinions or comments.
Any fee charged by us is non-refundable.
To post an opinion, experience, recommendation, or complaint to your post or any post, we need you to give us some legal permissions to use that content. When you post or upload content that will be shared, that is covered by intellectual property rights (especially photos and videos) on or in connection to our site and the third party or parties we forward it to. Therefore, an important part of the Terms of Service is that you hereby grant us an irrevocable, perpetual, fully-paid, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content to include but not limited to Social Networks and other third parties at our sole discretion for an indefinite period of time. You agree to forfeit your rights to have any of the foregoing information and content deleted, transferred, or removed.
What that means, is once the content is posted it remains posted indefinitely and you are giving us, your irrevocable permission to use that content and giving up any personal data rights to that content. Therefore, no external party can cause you to request that your opinion in any form in your post be modified or removed even upon request.
We, reserve the right, at our sole discretion, to change, modify or remove any or all content in your post or your opinion(s). In addition, we reserve the right to immediately suspend or terminate your access to the site and remove your posts or comments, without notice for any reason at any time. But especially upon any breach of this Agreement by you is brought to our attention.
Simply put, once it is posted, it stays. However, additional opinions and comments may be added to any post or by creating a separate post at any time.
You agree that the usage of this Site is for your non-commercial personal use. You are authorized to use your content in any way you decide. You are not authorized to use other opinions, content, posts, or allow others to use your user I.D., password, or assign or otherwise transfer your rights to use this Site to any other person or entity.
You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
2. YOU ARE RESPONSIBLE FOR YOUR CONTENT
a) Never use the names of individuals
You agree that this Site is not to be used for complaints towards Individuals, unless they are an enterprise doing business as a sole proprietorship, general partnership, limited partnership, limited liability partnership, or more commonly an “LLC” or corporation and they use their personal name in the business. Using a person’s individual name can open you up to consequences and legalities such as a “libel or defamation” lawsuit and be very damaging to yourself and the person that you name. Therefore, when referring to individuals, it is best to use their titles such as receptionist, representative, sales rep., sales consultant, associate, service rep., installer, manager, general manager, owner, and so forth. You may use their initials, or first name with surname initial when honoring individuals. Otherwise, even when it is a positive opinion of someone, you may feel it is acceptable to display their full name, but it is best to be safe than be sorry. Remember that everyone has rights that must be respected!
b) Profanity is unnecessary
Although you may think about it, there are many ways to communicate or express such thoughts without actually saying them. Many people are offended by profanity and we collectively must respect that. Profanity is not only unnecessary, but it is unacceptable here, however, F$%& expressions are accepted.
c) Being truthful and honest
We all know that honesty is the best policy and anything less than the best is unacceptable. By using our Site, you hereby warrant that the information you provide is truthful and honest to the best of your knowledge. You agree to provide firsthand, your experience and not what you heard from someone else. You agree to provide content that is factually accurate without misrepresentation but as an opinion by you. Opinions can not be challenged. You own it and it is your right to freedom of speech. Whereas facts may be challenged perhaps by naysayers and sometimes in court. Usually by a competitor! Therefore, we stress that you always communicate the facts in terms of your opinion or your experience, your belief, etc., especially if it is on the negative side or a complaint. For example: Instead of saying the sky is blue, just say in my opinion the sky looks blue to me. It’s that simple!
d) Supporting documentation or evidence
An important part of your opinions and experiences is being able to support them in some way. It is not because you are a bad actor, but it is to help support the integrity of Service with a Smile® concept and site. It is unfortunate that we all have to deal with fraudsters, bots, spam, and falsification by some for personal gain. Whenever money is involved, trustworthiness goes down too. Remember, integrity is priceless!
We ask whenever possible to upload with your post some proof that provides verification of your experience. For instance, if you bought something, perhaps a receipt would be appropriate. Or for travel, a picture that connects the timeline to the experience. For example, it could be a picture of an itinerary, airline ticket, and so forth. Just something, anything and you could be creative, even funny. Remember the old adage, “a picture is worth a thousand words”. This is also another way to present facts that will make it very difficult for anyone to oppose the truth.
Acceptable supporting documentation may range in a variety of things. Here are some ideas that may be considered:
Pictures, screenshots, emails, or snippets of emails or records such as letters, receipts, guarantees, warranties, canceled checks, contracts, or anything else that make sense to you. Be sure to blank out any personal information or names that you don’t want to make public.
e) Respect others
Everyone is different, although we are very much alike. So always respect others using the Site. Here we do not accept user behavior that may be constituted as being “defamatory, abusive, bigotry, lewdness, obscene, profane, offensive, threatening, harassing, racially offensive, pornographic, spam, violation of any applicable laws or illegal material, or any material that infringes or violates another party’s rights including, but not limited to, intellectual property rights and rights of privacy”
3. NO IMPLIED ENDORSEMENTS
Enterprise logo(s) used on this Site and identified in post is for the sole purpose of making a Comparative Product Statement, Information and Editorial purposes and the enterprise(s) are not affiliated with this Site in any other way. If an enterprise does not want their “logo” to be used they may make a written request for the logo’s removal. However, the enterprise’s written request will be posted in lieu of. Should an enterprise wish to have their Logo posted within a page representing them for post, that may be agreed upon with a fee. There will be no implied endorsements by Service with a Smile® Ratings to any enterprise and we reserve the right to disclose the same.
Address: Service with a Smile® Ratings, 14455 N. Hayden Rd., Scottsdale, Arizona, USA, 85260
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Us of that third party or of any product or service provided by a third party.
What rights you have over your data
If you have an account on this Site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes such as your name, email address, IP address, phone number.
This Site is controlled by subscription and billings. We only use your name, email, phone number for certain communications with you to maintain the functionality of the Site and Services we provide. Only you can disclose your personal information in your user name or information in the content of your post or comments. If you make a post or leave a comment, the post and any comment and its metadata are retained indefinitely.
Understand that you use the Site at your own risk. If your post or content is intentionally false, misleading, defamatory, or violates any third party right, or contains material that is unlawful and in violation of any law or regulation, you may expose yourself to liability. The only time that we would willingly disclose information about you would be to comply with a legal process such as a search warrant, subpoena, or other legal process served on us, or to protect our rights, our user’s rights, or the general public, and we would only disclose that information if we have a good faith belief that such disclosure is reasonably necessary.
We promise to keep your identity secret to the extent of what we can control. No online service is 100% secure. With hacks, bots and sabotage, and ever-changing technology, we will do our best to protect your identity and personal information. However, you must agree as part of the Terms of Service to never hold us liable in the case that this promise is not kept. Meaning that you agree to irrevocably discharge us of any claims and without remedy.
You should be aware that when you upload images to the Site, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the Site can download and extract any location data from images on the Site.
Please be aware that some functions on our Site may not function properly if you do not accept cookies.
When visitors leave comments on the Site we collect the data shown in the comments form, complaint form, and also the visitor’s IP address and browser user agent string to help spam detection.
We may track and store geolocation information related to your IP address. This information tells us where and who is using the site. Also, this information may be used to provide you with the most relevant material, as well as allow for more effective communications.
Additionally, we use session variables to aid in the development of various features on the site. These session variables disappear after 90 minutes or when the user exits a browser. Thus, this information is not stored for any reason other than as indicated.
We may also use personal information found in posts and comments in a manner that does not identify you specifically nor allow you to be contacted but does identify certain criteria about our users in general. For example, we may inform third parties about a comment or complaint, the number of registered users, the number of comments or complaints, types of comments or complaints, and the pages most frequently browsed.
Aside from these uses, we do not accommodate any on-site marketing, ads, or banners by third parties.
5. NO WARRANTY
We provide the Services on an “as is”, “with all faults” and “as available” basis with the expressed understanding that we may not monitor, control, or vet user content, as such, your use of the Site is at your own discretion and risk. We grant no warranties of any kind, express, implied, statutory, in connection with the Site or the Services, or in connection with any communication with us or otherwise with respect to the Site.
We do not guarantee accuracy, completeness, or usefulness of any content or information, including, but not limited to opinions, advice, statements, and offers made available through the Site, and neither adopt nor endorse nor are responsible for accuracy or reliability of any such information or content. We under no circumstances shall we be responsible for any loss or damage resulting from anyone’s reliance on any information or content posted on the Site. All such information or content constitutes the subjective opinion of the person making a post(s), comment(s), or complaint(s).
We do not warrant, guarantee or imply that there will be any reply, result, resolution, remedy, or outcome from any post, comment, or complaint, follow-up, notification, services, or communication with any third party.
You agree to indemnify, defend, and hold us and our affiliates, officers, agents, employees, partners, and licensors of each of them or collectively, harmless from any claims, demands, losses, costs, liabilities, and legal fees made by any third party arising out of your use of the Site, your violation of the terms, any products or services purchased or obtained by you in connection with the Site, or infringement by you, violation of applicable laws by you, or any third party using your account, of any intellectual property or any person or entity. You agree, at your expense, to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such claim. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
We may translate these Terms of Service into other languages for the user’s preference. Should any inconsistencies among the different translated versions occur, the English version governs your relationship with us. Should you be a user outside of North America, be aware that your personal information, post, comment, or complaint content will be transferred to and stored in our North America data centers.
British Columbia law will govern these Terms. Might any claim, cause of action or dispute arise between you and us without regard to conflict of law provisions, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the Province of British Columbia Courts and process thereof.
Any failure on our part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights
If any provision of the Terms of Service is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
We use headings and sub-headings in the Terms of Service for your convenience and you must agree to the Terms of Service in the aggregate of all parts and provisions.
Should you be unsure about any or all parts of the Terms of Service, please consult legal counsel before accepting, using, or accessing the Site.