Terms and Conditions Agreement
ACCEPTANCE OF TERMS and CONDITIONS: This is an agreement between you ("you" or "your") and FINDLOCAL-POOLSERVICE.COM (FINDLOCAL-COMPANY.COM, MD INTERNET SOLUTIONS SOLUTIONS, LLC," "we," or "our") that governs your use of the FINDLOCAL-POOLSERVICE.COM Web site ("Site" or "Web site")." When you access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms").
In using the Site, you will:
· obey the law;
· obey any codes of conduct or other notices we provide;
· keep your service account password secret; and
· promptly notify us if you learn of a security breach related to the Site.
In using the Site, you may not:
· use any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
· use any automated process or service to access and/or use the Site (such as a BOT, a spider, periodic caching of information stored by FindLocal-Company "meta-searching");
· use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Site;
· damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with anyone's use and enjoyment of the service; or
· resell or redistribute the Site, or any part of the Site.
Description of Services
FINDLOCAL-POOLSERVICE.COM and affiliated websites is a free service for consumers to help them find services they might need. Businesses pay to be in our directories and listings. We make an effort to ensure the information presented in, on, through our website is accurate and helpful, however, we have no control over the accuracy of such information, and makes no guarantee as to the information and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage. Reference or recommendations on this site or affiliated sites shall not constitute or imply an endorsement of such services or products. FINDLOCAL-POOLSERVICE.COM and affiliated sites make no representations and are not responsible for the quality, legality, decency or any other aspect of the services or products or Web sites provided by third parties that may be referred to on this site or recommended on this or affiliated web sites.
No Endorsement of Businesses or Content
You agree that you must bear all risks associated with using this and affiliated web sites and that under no circumstances is FINDLOCAL-POOLSERVICE.COM, affiliated websites, or any of the employees, agents or associates of FINDLOCAL-ROOFERS.COM and affiliated sites liable for any loss or damages of any kind as a result of the use of any content or service providers listed, on this and affiliated web sites. You understand that FINDLOCAL-POOLSERVICE.COM and affiliated web sites shall have no obligation to pre-screen any of the consumers, advertisers, service providers or content and makes no representation thereof.
FINDLOCAL-POOLSERVICE.COM and affiliated web sites provides our web site “as is” and without any condition or warranty, expressed or implied. Some States do not allow the disclaimer of implied warranties, so the forgoing disclaimer may not apply to you. We do not assume any responsibility or liability for the accuracy usefulness and completeness of any information, material and content on our web sites or other web sites accessible from our web sites. In no event shall we be liable for any indirect, special or consequential damages or any damage whatsoever resulting from loss of use, profits, or data arising out of or in connection with the performance or use of the information on the FINDLOCAL-POOLSERVICE.COM web sites or affiliated web sites or web sites that are linked in any way to FINDLOCAL-POOLSERVICE.COM.
FINDLOCAL-POOLSERVICE.COM and affiliated web sites make no representation regarding the performance and availability of our web sites. We periodically have scheduled system downtime for maintenance and other purposes. Unplanned system outages may also occur from time to time. We shall have no liabilities whatsoever for the resulting unavailability of the web site or for any loss of business, revenue, data or transactions caused by unplanned or planned outages.
Posting recommendations or reviews
By posting a recommendation or review, the poster represents that the information is based on an actual experience with the service provider being recommended or reviewed. You agree that all content posted is owned by FINDLOCAL-POOLSERVICE.COM and allow us to use it in any way we deem useful. FINDLOCAL-POOLSERVICE.COM and affiliated web sites reserves the right to refuse to post or to remove any review or portions of that review. Any reviews deemed originating from a business owner and or representative for the purpose of promoting the business will be deleted and that business may be removed from our directories immediately without any refund or credit requirements. Only posts that use the services of the business will be permitted. Any positive or negative feedback that did not pay for the services of that business will be removed. Negative feedback will only be posted if deemed legitimate by FINDLOCAL-POOLSERVICE.COM and must be accompanied by an invoice or copy of an invoice as proof of services rendered. Loss of business due to negative feedback should be expected and no refunds or rebates will be given. Businesses accept the risks and rewards that come from letting consumers review your service. Negative feedback may only be removed if the original posting consumer becomes satisfied and requests the removal of that feedback, otherwise the negative feedback will remain for a minimum of 6 months. After the 6 months a decision will be made based on a variety of factors including the number of positive feedbacks posted.
Cancellation of Listing
FINDLOCAL-POOLSERVICE.COM and affiliated web sites may choose at any time to remove a business from our websites for any reason and without notice. What we deem as multiple negative reviews, inaccurate, misleading or fraudulent information posted on our web sites would cause the cancellation of a business listing without any credit or refund due to that business.
INTELLECTUAL PROPERTY COMPLAINTS: We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
· Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
· A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
· A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FINDLOCAL-POOLSERVICE.COM and its affiliated websites and companies are not responsible for any content on your ad that may be inaccurate, incomplete or misleading. You agree to let us advertise, display your logo and any description of your business in any web site that we own or are affiliated with. Your listing will be deactivated if it has not been renewed on time, if a check is returned or if the credit card is declined for any reason. It is the responsibility of the you the client to provide updated billing information such as a new credit card or a new billing address. FINDLOCAL-POOLSERVICE.COM and affiliated web sites make no warrants, guarantees or commitments to the number of calls, the amount of business or revenues that will be generated on a daily, weekly, monthly or annual basis. Prices for listings may change at any time without notice. Monthly unlimited plans will continue until canceled. Annual unlimited plans will renew the following year automatically on the anniversary month of the original order. FINDLOCAL-POOLSERVICE.COM and affiliated web sites may also decline or cancel an ad for any reason at any time. Negative feedback from consumers will remain for 6 months if it is determined to be legitimate. Fraudulent negative or positive feedback will be removed. We may ask your side if there is a dispute, but we reserve the right to make the final judgment.
LIMITATION OF LIABILITY: IN NO EVENT SHALL FINDLOCAL-POOLSERVICE.COM, FINDLOCAL-COMPANY.COM, ITS AFFILIATED WEBSITES, OR MD INTERNETSOLUTIONS, LLC BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF FINDLOCAL-POOLSERVICE.COM ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW