Initial release, November 29, 2018. These terms and conditions (the “Terms”) govern your access to and use of HD Scores websites and mobile applications that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with HD Scores LLC., an Arizona company headquartered in Gilbert, Arizona (“HD Scores”). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

1. 1 DEFINITIONS
   • A. Parties“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses or in any way uses the Site. “We,” “us,” and “our” refer to HD Scores.
   • B. Content“Content” means text, images, photos, location data, and all other forms of data or communication. “HD Scores Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than HD Scores, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Content, Third Party Content, and HD Scores Content.
2. 2 CHANGES TO THE TERMS OF SERVICEWe may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms.You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. 3 TRANSLATIONWe may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with HD Scores, and any inconsistencies among the different versions will be resolved in favor of the English version.
4. 4 USING THE SITE
   • A EligibilityTo access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site.
   • B Permission to Use the SiteWe grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
   • C Site AvailabilityThe Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
5. 5 CONTENT
   • A. Third Party ContentHD Scores utilizes third party information from public and private sources in the creation of its site, it is not responsible for the content, accuracy and timeliness of this data and you agree to use the site with the understanding that its accuracy is on a best effort’s basis.
   • B. OwnershipWe own the HD Scores Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the HD Scores Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the HD Scores Content are retained by us.
6. 6 RESTRICTIONS
   • • A. You agree not to, and will not assist, encourage, or enable others to:
       • i. Violate the Terms;
       • ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by HD Scores;
       • iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
       • iv. Reverse engineer any portion of the Site;
       • v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
       • vi. Record, process, or mine information about other users;
       • vii. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
       • viii. Reformat or frame any portion of the Site;
       • ix. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on HD Scores’s technology infrastructure or otherwise make excessive traffic demands of the Site;
       • x. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
       • xi. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
       • xii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
       • xiii. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
       • xiv. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

   The restrictions above only apply to the extent permissible under applicable law.

7. 7 GUIDELINES AND POLICIES
   • A. PrivacyYou represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.
8. 8 THIRD PARTIESThe Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
   Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.
9. 9 INDEMNITYYou agree to indemnify, defend, and hold HD Scores, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “HD Scores Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. HD Scores reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of HD Scores. HD Scores will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. 10 DISCLAIMERS AND LIMITATIONS OF LIABILITYPLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE HD SCORES ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
    • A. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE HD SCORES ENTITIES MAY NOT MONITOR, CONTROL, OR VET THE CONTENT USED TO CALCULATE ITS HD SCORE OR OTHER THIRD-PARTY SITES THAT IT PROVIDES DIRECTION TO. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE HD SCORES ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE HD SCORES ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
    • B. THE HD SCORES ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS GOVERNMENT ENTITIES, ESTABLISMANET REVIEW SITES, MAPPING SITES OR BUSINESSES LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE HD SCORES ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS.
    • C. THE HD SCORES ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE HD SCORES ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
    • D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
    • E. THE HD SCORES ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE HD SCORES ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
    • F. THE HD SCORES ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
11. 11 CHOICE OF LAW AND VENUEArizona law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and HD Scores (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MARICOPA COUNTY, ARIZONA.
12. 12 TERMINATION
    • A. You may terminate the Terms at any time by closing your account or discontinuing your use of the Site.
    • B. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
    • C. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 7, 10 – 13 will continue in full force and effect.
13. 13 GENERAL TERMS
    • A. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
    • B. We may provide you with notices, including those regarding changes to the Terms by communications through the Site.
    • C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    • D. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    • E. Any failure on HD Scores part to exercise or enforce any right or provision of the Terms 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 hereunder.
    • F. If any provision of the Terms 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 shall otherwise remain in full force and effect and enforceable.
    • G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with HD Scores prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    • H. The section titles in the Terms are for convenience only and have no legal or contractual effect.