LocalBizBlogs Terms of Service
Welcome to LocalBizBlogs.com. By using the LocalBizBlogs.com web site ("Service"), and any services owned and operated by Local Biz Blogs, Inc. ("LocalBizBlogs") you expressly agree to be bound by the following terms and conditions ("Terms of Service"), and to follow these terms and all applicable laws and regulations governing the Service.
Acceptance of Terms
In accepting these terms, you agree to:
- Provide true, accurate, complete and current information requested in all registration forms (such information being your "Registration Information").
- Maintain and promptly update your Registration Information to keep it true, accurate, complete and current.
- If any information provided is untrue, inaccurate, incomplete or not current, or LocalBizBlogs has reasonable grounds to suspect such information violates these acceptance of terms, LocalBizBlogs has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
IF YOU DO NOT AGREE TO OR ACCEPT ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND REGISTRATION INFORMATION REQUEST PROCESS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS.
Right to Change This Agreement
LocalBizBlogs reserves the right to update and change the Terms of Service from time to time without notice, effective immediately upon posting on the web site. Any new features that augment or enhance the current Service, including the release of new tools, features, and resources, shall be subject to the Terms of Service. Registered users will receive notification of changes to the Terms of Service via the LocalBizBlogs message system. Continued use of the Service after any such changes and enhancements shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.localbizblogs.com/terms
Violation of any of the terms below will result in the termination of your Account. While LocalBizBlogs prohibits such conduct and Content on the Service, you understand and agree that LocalBizBlogs cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- Accounts must be registered by humans. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, legal registered business name, a valid email address, and all other information requested in order to complete the registration process.
You are responsible for maintaining the security of your account and password. LocalBizBlogs cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all information and content posted and activity that occurs under your account.
You may not use the LocalBizBlogs service for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction or violate any copyright laws by doing so. LocalBizBlogs reserves the right to forward reports of violations of the law to the appropriate prosecutorial agency.
Types of Visitors
Any person or entity (through its agents) accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "Visitor" under this Agreement. All Visitors are bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, then you should not use or access the Site or the Software Products. All Visitors have access to the home page of the Site.
Visitors may not use any device, software or routine to interfere with the proper working of the Site. Visitors may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of LocalBizBlogs. Visitors may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e.: "Spam"). Visitors shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of LocalBizBlogs. Information on the Site is frequently updated and is proprietary or is licensed to LocalBizBlogs. Visitors agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of LocalBizBlogs and the appropriate third party.
Copyright and Ownership
We claim no intellectual property rights over the Content you provide to the Service.
Your profile and all content uploaded remain yours. However, Content you provide to the Service is public, and by posting Content to the Service you agree to allow others to view and share your Content.
LocalBizBlogs does not pre-screen Content, however LocalBizBlogs maintains the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
If at some point LocalBizBlogs sells all or a portion of its assets, or merges with another entity, user information is an asset that may be transferred or acquired by a third party. We will notify all affected users of any such transaction and, consistent with our privacy promises, users will have the opportunity to retrieve their user information and cease usage of the Service. After such a transaction, the third party that becomes the custodian of the user information would have the right to continue using the user information as set forth in this policy.
You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
You may not use the LocalBizBlogs Service for the purpose of spamming. What constitutes "spamming" will evolve as the Service evolves. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
- Keyword stuffing
- Lack of original content
- Posting duplicate content
- Reposting others' content without attribution
- Linking to advertisements that do not relate to your business
- Automatic publication of third party content
- The number of spam complaints that have been filed against you
Your account may be suspended for Terms of Service violations if any of the above is true.
Use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support via email is available for all users. Phone support is available for Premium Plan accounts only.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or LocalBizBlogs.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by LocalBizBlogs.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, explicitly pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any LocalBizBlogs customer, employee, member, user, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. Violations will result in the immediate suspension and possible termination of your account.
You must not transmit any worms or viruses or any code of a destructive nature. Violations will result in the immediate suspension and possible termination of your account.
If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by LocalBizBlogs) of other LocalBizBlogs customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
LocalBizBlogs does NOT warrant any of the following: (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that LocalBizBlogs shall not be liable 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 LocalBizBlogs has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of LocalBizBlogs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LocalBizBlogs and govern your use of the Service, superceding any prior agreements between you and LocalBizBlogs (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support at localbizblogs dot com.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LocalBizBlogs, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. LocalBizBlogs does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Some content uploaded by the business will automatically be incorporated into our 'community directory'.
Using the Coupon Tool or advertising any promotions via the Service, you represent and warrant that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the Service. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify Local BizBlogs against any claims by users of the service that the terms of a coupon or other offered deal were not honored.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. Systematic retrieval of data or other content from LocalBizBlogs website to create or compile, directly or indirectly, a collection, database or directory without written permission from LocalBizBlogs is prohibited.
System downtime is periodically scheduled for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
In the event you violate any of these Terms of Service and as a result of your violation LocalBizBlogs is subjected to civil, criminal or administrative action; you shall hereby agree to indemnify LocalBizBlogs for any and all costs associated with defending itself, including but not limited to attorney fees, expenses, etc, and any financial penalties which may be levied.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LocalBizBlogs EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LocalBizBlogs MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LocalBizBlogs OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time in the Dashboard. An email verification will follow the cancellation request. Cancellations must be verified via email. If email verification is unsuccessful, your account will remain active.
Upon cancellation or termination, your content will immediately be made inactive for public viewing. Your profile information will remain as a part of our community directory. LocalBizBlogs will store your inactive account information for 6 months, then we may or may not keep it beyond that term.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
LocalBizBlogs, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other LocalBizBlogs service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. LocalBizBlogs reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
LocalBizBlogs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to LocalBizBlogs or the Service itself.
LocalBizBlogs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Any modification to the Terms of Service must be in writing from LocalBizBlogs and technical support or sales associates DO NOT have the authority to amend, or modify the Terms of Service.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LocalBizBlogs (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOO WILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF LocalBizBlogs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.