| Lake
Mary Business Directory Terms Of Service
1. ACCEPTANCE OF TERMS
Lake Mary Business Directory provides our service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. http://www.lakemarybusinessdirectory.com/legalnotice.html
2. DESCRIPTION OF
SERVICE Lake Mary Business Directory currently provides
users with access to a collection of on-line resources, including
business web page hosting services (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new Lake Mary Business Directory resources, shall be subject
to the TOS. In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer and modem
or other access device. 3. YOUR REGISTRATION
OBLIGATIONS In consideration of use of the Service,
you agree to: (a) provide true, accurate, and current information about
yourself when signing up for any of our Services. and (b) maintain and
promptly inform
Lake Mary Business Directory to keep your data true, accurate, current and
complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Lake Mary Business Directory has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete,
Lake Mary Business Directory 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). 4. LAKE MARY BUSINESS
DIRECTORY
PRIVACY POLICY Pursuant to Lake Mary Business Directory's privacy policy, we will not
disclose your information to third parties unless specifically
authorized by you or in the good faith belief that such action is
reasonably necessary to comply with the law, legal process, or to
enforce the TOS. For more information, please see our full privacy
policy at http://www.lakemarybusinessdirectory.com/privacy.html
5. MEMBER CONDUCT 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 Lake Mary Business Directory, are entirely responsible for
all Content that you upload, post or otherwise transmit via the
Service. Lake
Mary Business Directory does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You agree to not use the
Service to: (a) upload, post or otherwise
transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; (b) harm minors in any way;
(c)
impersonate any person or entity, including, but not limited to,
a
Lake Mary Business Directory official, forum leaders, guides or hosts, or
falsely state or otherwise misrepresent your affiliation with a person
or entity; (d) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service or develop restricted or password-only
access pages, or hidden pages or images (those not linked to from
another accessible page); (e) upload, post or otherwise
transmit any Content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); (f) upload, post or otherwise
transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party; (g) upload, post or otherwise
transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes,";
(h)
upload, post or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment; (i) disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
(j)
interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service; (k) intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law; (l) "stalk" or otherwise
harass another; (m) collect or store personal
data about other users; (n) promote or provide
instructional information about illegal activities, promote physical
harm or injury against any group or individual, or promote any act of
cruelty to animals. This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and other weapons, and
creating "Crush" sites; 6. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which
you reside. 7. CONTENT SUBMITTED
TO LAKE MARY BUSINESS DIRECTORY Lake Mary Business Directory does not claim
ownership of the Content you place on your Biz Site. By submitting
Content to
Lake Mary Business Directory for inclusion on your Biz Site, you
grant
Lake Mary Business Directory the world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely for
the purpose of displaying, distributing and promoting your Biz Site.
This license exists only for as long as you continue to be a Lake Mary Business Directory member and shall be
terminated at the time your membership is terminated. You acknowledge that Lake Mary Business Directory does not pre-screen Content,
but that
Lake Mary Business Directory and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or remove any
Content that is available via the Service. Without limiting the
foregoing, Lake
Mary Business Directory and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. 8. INDEMNITY
You agree to indemnify and hold Lake Mary Business Directory, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
Content, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
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. 10. GENERAL PRACTICES
REGARDING USE AND STORAGE You acknowledge
that Lake
Mary Business Directory may establish general practices and limits
concerning use of the Service. 11. MODIFICATIONS TO
SERVICE Lake Mary Business Directory 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. You agree that Lake Mary Business Directory shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of the Service. 12. TERMINATION
You agree that Lake Mary Business Directory, in its sole discretion, may
terminate your password, Biz Site, use of the Service or use of any
other
Lake Mary Business Directory service, and remove and discard any Content
within the Service, for any reason, including, without limitation,
if Lake
Mary Business Directory believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. Lake Mary Business Directory may also in its sole
discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that Lake Mary Business Directory may immediately deactivate or
delete your Biz Site and all related information and files in your Biz
Site and/or bar any further access to such files or the Service.
Further, you agree that Lake Mary Business Directory shall not be liable to you or
any third-party for any termination of your access to the Service. 13. LAKE MARY BUSINESS
DIRECTORY
PROPRIETARY RIGHTS You acknowledge and agree that
the Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by Lake Mary Business Directory or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part. You agree not to access the
Service by any means other than through the interface that is provided
by Lake
Mary Business Directory for use in accessing the Service. 14. DISCLAIMER OF
WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.LAKE MARY BUSINESS DIRECTORY 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. (b) LAKE MARY BUSINESS DIRECTORY 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. (c) 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. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM LAKE MARY BUSINESS DIRECTORY OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 15. LIMITATION OF
LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE
THAT LAKE
MARY BUSINESS DIRECTORY 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 LAKE MARY BUSINESS DIRECTORY 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; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE. 16. EXCLUSIONS AND
LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. 17. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters
by displaying notices or links to notices to you generally on the
Service. 18. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Lake Mary Business Directory and govern your use of the
Service, superceding any prior agreements between you and Lake Mary Business Directory (including, but not limited
to, any prior versions of the TOS). You also may be subject to
additional terms and conditions that may apply when you use affiliate
or other
Lake Mary Business Directory services, third-party content or third-party
software. The TOS and the relationship between you and Lake Mary Business Directory shall be governed by the laws
of the State of Florida without regard to its conflict of law
provisions. You and Lake Mary Business Directory agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Seminole, Florida. The failure of Lake Mary Business Directory to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect. |