Terms of Service Agreement

Terms of Service Agreement

We provide our services to you subject to this

The following is the terms of the agreement between Southwest Florida Business Directory (“Company”) and you the user (“User”) of goods or services through the Company’s Web site (the “Site”). If you do not agree to these terms, please do not use our services. So please review these terms carefully:

If you are a User or Buyer: You must be thirteen (13) years of age or older to register for this service. If you are under 13 years of age, your parent or legal guardian must give permission for you to use this service.

If you are a Partner or affiliate: You must be thirteen (13) years of age or older to use this service. If your web site is directed to children under
13 years of age, or if you have actual knowledge that your site is used by children under 13 years of age, your site must be
compliant with the children's online privacy protection act (COPPA) and the COPPA Rule* issued by the Federal Trade Commission
(FTC). http://www.ftc.gov/os/1999/9910/64fr59888.pdf

1. Introduction. User agrees to the terms and conditions outlined in this Online Terms Of Service Agreement ("TOSA") with respect to the goods, services and information provided by or through the Site. This TOSA constitutes the entire and only agreement between the Company and User, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Terms of Service Agreement . User agrees to review this TOSA prior to using any services and information from this site. Using this site's services shall be deemed acceptance of this TOSA. In addition, when using particular services, User and Company shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOSA. You also may be subject to additional terms and conditions that may apply when you use, services from our partners, affiliate services, third-party content or third-party software.

2. Description of Service In order to use the Service, User must obtain access to the Internet/ World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, User must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Company is not responsible for the aforesaid. Please be aware that if there are certain areas on the Service that link to adult or mature content, User must be at least 18 years of age to access and view such areas. Company currently provides users with access to a rich collection of Internet and Web based on-line resources, including, international and domestic news, weather, community information about Southwest Florida, online-shopping resources, Southwest Florida Business Directory, search capabilities, various communications tools, recreation and health information, online forums, personalized content through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Company properties, shall be subject to the this TOSA. User understands and agrees that the Service is provided "AS-IS" and that Company assumes no responsibility for the accuracy and timeliness of information, and the timeliness, deletion, fail-delivery or failure to store any user communications or personal settings. We also do not assume any responsibility to the content of other web sites that we link to.

3. Use of Information If User intends to join any service, receive or request any news, messages, alerts or other information from the Service concerning other companies, stock quotes, investments or securities, please be aware that the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Company is not and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

4. Use and Storage of Email Southwest Florida Business Directory partners with others (Partner) to provide email and other services on this web site. Southwest Florida Business Directory and Partner consider email transmitted via the Services to be the private correspondence of the sender. Neither Southwest Florida Business Directory nor Partner will monitor, edit or disclose the contents of a User's private communications, except that User agrees Southwest Florida Business Directory, Partner and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the TOSA; (d) to respond to claims that such contents violate the rights of third-parties; (e) to protect the rights or property of Southwest Florida Business Directory, Partner, its third party service providers or others. However, in no event shall Southwest Florida Business Directory be liable for Partner's use or disclosure of such information. User acknowledges that Company and/or Partner may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Company's or Partner's servers on User's behalf, and the maximum number of times (and the maximum duration for which) User may access the Service in a given period of time. User agrees that Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. User acknowledges that Company reserves the right to log off accounts that are inactive for an extended period of time. User further acknowledges that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings and any other information supplied by User is and may be required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements.

User acknowledges and agrees that Southwest Florida Business Directory, Partners and their third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes, or may infringe, upon the intellectual property or other rights of another.

5. Content posted on the Web Site User understands that the technical processing and transmission of the Service, including User's Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. With respect to the Content User elects to post to publicly accessible areas of the Service, User grants Company the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Company does not and can not pre-screen all Content, but has the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Company shall have the right to remove any Content that violates the TOSA or is otherwise objectionable. User agrees to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, User acknowledges not to rely on any Content created by Company or submitted to Company, including without limitation information in Message Boards, and in all other parts of the Service. With respect to Content User elects to post for inclusion in publicly accessible areas or that consists of photos or other graphics User elects to post to any other publicly accessible area of the Service or Content that User sends us with an e-mail or regular mail and requests it to be posted in one of our service areas, User grants Company the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific service area to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as User elects to continue to include such Content on the Service and shall be terminated at the time User deletes, asks for deletion of such Content from the Service. Company has the right to delete the content at any time without prior notice. User acknowledges and agrees that Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: enforce the TOSA, comply with legal regulations, respond to claims that any Content violates the rights of third-parties, or to protect the rights, property, or personal safety of Company, it's partners, it's employees, its users and the Southwest Florida Community.

6. Setup and Payment. This applies only if you are buying a service from the Company directly. A User or Individual or Institution or Organization, buying Services from Company ("Buyer") or intending to buying services like a "listing in the business directory for a particular length of time" represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer understands and agrees that once an order for a listing in the business directory has been placed, it is non-refundable. A listing in the business directory with a link to the Buyer's Web Site or to a Web Page created by Company for the Buyer is a lease from the Company to the Buyer for that particular period of time. Once an order for an online listing has been placed and the payment has been made it is non-refundable. The listing will be live for the period of time that has been paid for. There are no exceptions. If you do not understand this, please do not use our services. The Web page created by the Company for the Buyer is property of Company and is only leased out to the Buyer for that particular period of time. Company has the right (but not the obligation) to delete the listing, links and web pages once the lease is over. If Buyer or the entity intending to buy does not agree with this, then please do not buy from Company. The sole and entire maximum liability of Company, for any reason, and Buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the Buyer directly to the Company for the particular item or service purchased directly from the Company. If Buyer uses a password, Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this TOSA or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password. Company will begin with the services only after receipt of the full payment. If Buyer requests a special web package from the company, the web package is a lease from the company to the buyer. The copyright belongs to the company and no content may be copied by the buyer or any one else including his/her representative for any purposes. The buyer may not terminate the contract for this lease before the lease is over. In case, buyer wishes to terminate the contract, buyer must pay the company $200.00 per page for all the web pages developed till that point of time and all other web hosting and web site promotion charges plus monthly charges as set forth in the contract till end of the contract for the term of lease. If buyer does not agree with these terms, then please do not ask for any service or buy from our company. All Business Listings have to be paid upfront in full for a whole year and there is no refund. All our sales are final! If buyer does not agree with these terms, then please do not ask for any service or buy from our company. Business listings may take up to 3 weeks to be active on the directory. Web Sites may take anywhere between 4 weeks and 12 weeks to be active and complete, depending on the content. Company cannot be held liable for any listing or web site that is not up and running on time due to any or unforeseen circumstances whatsoever. We do not guarantee any search engine placements. Web Hosting or Banner Ad or Search Engine submission services offered by us have to be paid in full in advance for the next month. If payment is not received or if credit card is declined we will send an e-mail to the e-mail address in our records. If payment is not made within 72 hours after that the web site in question or the banner ad or search engine submission will no longer be available. If you do not agree to this please do not request our services. All payments once made to us are non-refundable. If you do not agree to this please do not request our services. Cancellation of any monthly contracts are subject to a 30 days notice. If you do not understand this, please do not use our services.

7. User Behavior and Conduct User agrees not to to: 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; upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email 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); intentionally or unintentionally violate any applicable local, state, national or international law; collect or store personal data about other users; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; disguise the origin of any Content transmitted through the Service; upload, post, email 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; harm adults or minors in anyway; impersonate any person or entity, including, but not limited to, a Company employee, affiliate, partner or representative.

8. Copyright and Proprietary Rights The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a User of any such content or any part of the Site is prohibited. 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. User further acknowledges and agrees 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 Company or advertisers, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

9. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Company may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

10. Changes to Service Company 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. User agrees that Company shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Service.

11. Verbal / Affiliate / Marketing Agreements User and Affiliates agree that Company, in its sole discretion, may terminate use of any Service or verbal, affiliate and marketing agreements, entered for sales and marketing purposes, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Company believes that User, Affiliate or Marketing Company has violated or acted inconsistently with the letter or spirit of the TOSA. Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice without any reason. User/Affiliate/ Marketing Company agrees that any termination of access to the Service under any provision of this TOSA may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service offered by you. Further, User/ Affiliate/Marketing Company agrees that our Company shall not be liable to User or Affiliate or Marketing Company or any third-party for any termination of User's/Affiliate's/ Marketing Company's access to the Service or sales and marketing efforts. The company cannot be held liable for any actions of users, affiliates, marketing companies whatsoever. Company does not give the exclusive right to market to any other company whatsoever. This applies for all verbal/affiliate and marketing companies without exception whatsoever. The company has the right to cancel any user/verbal or marketing agreements at any time without notice or reason to the user, affiliate or marketing company. All payments will be made to the Company directly by the respective End-Customer for a particular service. No User / Affiliate or Marketing Company with a verbal agreement or any other agreement whatsoever, is allowed to accept payments in it's own name from an end-customer. All users, affiliates and marketing companies agree to this without any restrictions and agree to offer the end-customer only the services posted on Southwest Florida Business Directory's web site. Southwest Florida Business Directory will not pay the affiliates/marketing companies / users any compensation whatsoever for their marketing and advertising efforts. We do not guarantee any search engine placements. If you do not agree to this please do not request our services.

12. Termination of Service User agrees that Company, in its sole discretion, may terminate use of any Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Company believes that User has violated or acted inconsistently with the letter or spirit of the TOSA. Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. User agrees that any termination of access to the Service under any provision of this TOSA may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, User agrees that Company shall not be liable to User or any third-party for any termination of User's access to the Service.

13. Resale of Service prohibited User/Affiliate/Marketing Company agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

14. Right to Refuse. Company reserves the right in its sole discretion to refuse service to anyone at any time. Sale of any goods or services is subject to availability.

15. User's relationship with Advertisers User understands and agrees that if User buys products and services online or offline from advertisers and other individuals and companies or organizations or web sites found on or through the use of this Service, Company is not responsible for the ordering, payment, delivery of such services or goods, User's correspondence or business dealings with, or participation in promotions of, advertisers and businesses found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16. Indemnification. User agrees to indemnify, defend and hold Company and its affiliates, subsidiaries, officers, agents, co-branders, other business partners, employees, licensors and suppliers harmless from any liability, loss, claim , demand and expense, including reasonable attorney's fees, from any third party, due to or arising out of Content submitted, posted to or transmitted through the Service by the User, User's use of the Service, User's connection to the Service, User's violation of the Terms of Service, or User's violation of any rights of another.

17. Non-Transferable. Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

18. Notices Any notices to User may be made via either email or regular mail. The Service may also provide notices of changes to the TOSA or other matters by displaying notices or links to notices to User on the Web Site.

19. Compliance to rules 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.

20. Use of Information. Company reserves the right, and User authorizes Company, to the use and assignment of all information regarding User’s use of the Site and all information provided by User, subject to applicable law.

21. Miscellaneous. This Terms of Service Agreement shall be treated as though it were executed and performed in Fort Myers, Florida 33907, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Florida (without regard to conflict of law principles). All actions shall be subject to the limitations set forth in Section 6 and Company's Disclaimer. The language in this TOSA shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this TOSA shall be brought solely in the County of Lee, Fort Myers, Florida, and User expressly and exclusively submits to the jurisdiction of said courts and User consents to extra-territorial service of process. Should any part of this TOSA be held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions of TOSA shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this TOSA, this TOSA shall take precedence. Failure of Company to enforce any provision of this TOSA shall not be deemed a waiver of such provision nor of the right to enforce such provision. User agrees 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 TOSA must be filed within six months after such claim or cause of action arose or be barred forever.

22) ALL OUR SALES ARE FINAL!!! THERE IS NO REFUND!!! DO NOT BUY ANY SERVICE OR PRODUCT FROM US IF YOU DO NOT UNDERSTAND THIS!!!

Please read and understand the disclaimer