Last Updated: May 31, 2024
Welcome to Rate The Bar. These Terms of Service ("Terms") govern your access to and use of our website located at ratethebar.com, including any content, functionality, and services offered on or through the website (the "Service").
Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
Our Service features "The Ben Scale," an objective rating system for bars based on four binary (yes/no) criteria:
This rating system is designed to be factual and objective, focusing on verifiable characteristics rather than subjective opinions.
To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We use Clerk (clerk.com) for authentication services. Your use of Clerk's services is also subject to Clerk's terms of service.
Our Service may allow you to submit ratings, comments, and other content. By providing any content to the Service, you:
We reserve the right to remove any content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise objectionable.
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Rate The Bar and its licensors. The Service is protected by copyright, trademark, and other laws.
"The Ben Scale" is a trademark of Rate The Bar. You may not use our trademarks without our prior written permission.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RATE THE BAR NOR ANY PERSON ASSOCIATED WITH RATE THE BAR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL RATE THE BAR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Rate The Bar, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
No waiver by Rate The Bar of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rate The Bar to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes.