Terms Of Use

1. ACCEPTANCE OF TERMS

ShowMeLocal Inc. SHOWMELOCAL® ("ShowMeLocal") provides collection of unique and innovative tools ("SERVICES") to help local businesses to connect with local customers on-line. By using the SERVICES in any way, you agree to comply with the Terms of Use ("TERMS OF USE"). Should you object to any term or condition of the "TERMS OF USE", any guidelines, or any subsequent modifications thereto or become dissatisfied with ShowMeLocal in any way, your only recourse is to immediately discontinue use of ShowMeLocal.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve rights, at our sole discretion, to modify, change or alter any terms and conditions specified in this agreement, effective immediately. You should periodically review "TERMS OF USE". You can find the most current version at:

http://www.ShowMeLocal.com/tou.aspx

3. SHOWMELOCAL SERVICE DESCRIPTION

ShowMeLocal provides collection of on-line unique and innovative tools for small local businesses to establish strong presence online. We reserve the right to introduce new and/or modify existing features without notice. We reserve the right to terminate any of the existing features without notice. ShowMeLocal employs on-line and off-line tools and techniques to promote its Services. In order to use Services you should be at least 18 year old and comply with current "Terms Of Use". In order to access our Services you have to have access to the World Wide Web and have appropriate equipment. We are not responsible for any charges or fees that are required in order to connect to the website. ShowMeLocal has rights to introduce subscription package for Services usage as well as change, revise or terminate any of existing ones. We have rights to terminate any user accounts and/or business profiles information without notice.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

Being registered user of the site (user) and providing third party content you agree that
  • ShowMeLocal does not screen, verify or approves any of supplied content.
  • ShowMeLocal cannot be held responsible for to any of the content supplied by User.
  • User grants non-exclusive, royalty-free, non-revocable rights to ShowMeLocal and its affiliates to display, re-produce, re-format, modify and distribute uploaded content within the boundaries specified by this agreement. ShowMeLocal reserves the right to to incorporate your content into the services and technologies that it may develop in the future.
  • User agrees that ShowMeLocal can block any part of content at any time.
  • User agrees that content supplied to the site is not confidential and in compliance with any of used third party user agreements and state laws.
  • ShowMeLocal does not necessarily shares views and opinions of the site users.

5. REGISTRATION

To use some portions of the site you are required to be a registered User. By registering you agree to the following:
  • provide accurate, truthful information about your identity including first and last name, date of birth, gender as well as your contact information. If you are registering a business you agree that you are an owner of this business or have all legal rights to represent this business and you can support this by providing appropriate documentation if the need arises.
  • don't submit business that is not located in USA or Canada.
  • don't put location, phone number or general category in your business name. ex. Locksmith in Brooklyn NY is not permitted.
  • don't create multiple listings for the same business.
  • don't create listings for the same business for each location you serve unless there is a legitimate location there.
  • we reserve the right to terminate the account without notice or further explanation.
  • we reserve the right to create one auto-generated blog entry signed by your business name that states the fact that you have joined the site and describes the services the site provides. The content of the blog may vary. You can choose to keep or remove this blog entry at your own discretion.
  • by registering with the site you agree that ShowMeLocal reserves right to terminate you password, account and business information if it is found that you provided false information and/or your actions violate the current agreement. Please note that termination fee of 1000 USD can be assessed to offset liquidation costs. ShowMeLocal will notify you in writing in the event such a fee is assessed. ShowMeLocal will notify you in writing in the event such a fee is assessed.

6. PRIVACY POLICY

ShowMeLocal has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.ShowMeLocal.com/privacy.aspx

Your use of the ShowMeLocal website or the SERVICES signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that ShowMeLocal may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the "TERMS OF USE"; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of ShowMeLocal, its users or the general public.

7. CONDUCT

You agree that by supplying content that includes: business information, photos, images, sound and video files, coupons, sales, promotions, advertisement, job postings, ratings and reviews, you automatically (unless otherwise stipulated) agree to the following:
  • not to post any abusive, harassing, inappropriate, privacy invasive, offensive, unlawful, discriminative, hateful and debilitating content;
  • not to post any pornographic material, nudity, sexually explicit content, violent or offensive material, copyrighted images and images of other people without their permission;
  • not to impersonate any business, registered and un-registered user or employee of the ShowMeLocal including content, web-site postings, user communications via web site, email, phone or fax;
  • not to post content that inappropriate for minors;
  • not to use ShowMeLocal online tools or any portion of the site for purposes other than promotion of business content;
  • not to use ShowMeLocal site/tools to gain monetary compensation by posting pay per call numbers, pay per click ads/links or any other 3rd party advertising or affiliated networks content that produces revenue;
  • not to post or upload any software modules that contains viruses, harmful or potentially harmful scripts that may result in service interruption or damage to ShowMeLocal equipment or software as well as users of the site;
  • not to share secrets, trademark or copyrighted material, trade secrets or other proprietary rights of any party that you don't have rights to;
  • not to post content that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
  • not to post content with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
  • not to post content that is false, deceptive, misleading, deceitful and false-informative;
  • not to violate intentionally or unintentionally 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;
  • not to "stalk" or otherwise harass anyone.
  • not to collect and distribute personal data about other users for commercial or unlawful purposes without obtaining permission from those users;
  • not to post non-local or otherwise irrelevant Content;
  • not to promote multi-level marketing (MLM) businesses or other businesses that recruit members and offer them rewards for recruiting others and/or selling services;
  • not to promote home businesses that are MLM businesses or other businesses that recruit members and offer them rewards for recruiting others and/or selling services;
  • not to post more than one profile per business;
  • not to spam;
ShowMeLocal cannot be held reliable for any content supplied by the user.

8. COUPONS, DEALS, PROMOPTIONS, BLOGS, JOBS

You understand that all coupons, deals, promotions, blogs and jobs posting found on the site are solely between you and business providing such content. In no way should you hold ShowMeLocal reliable for execution of or fulfillment of such promises, nor for any damages, physical or mental, that occur by consumption of products and (or) services of the content provider. User should carefully review all information supplied by business and verify with business if such information is correct. Business providing such content must indemnify ShowMeLocal from any claims from user in case of dissatisfaction with services provided by business.

9. COMPLAINTS, SUGGESTIONS, COMPLIMENTS, FEEDBACK, USER RATINGS, RECOMMENDATIONS AND COMMUNICATIONS BETWEEN USERS

You understand that all complaints, suggestions, compliments, feedbacks, user ratings and recommendations are solely between you and business that you are communicating with. In no way should you hold ShowMeLocal reliable for any promises made to you by any the user of the site, nor for any damages, physical or mental that resulted out of above communications. Please note that it is purely voluntary by business to participate in communications with users. Business cannot be held reliable for not answering to or acting on complaints, suggestions, compliments or feedback provided by user.

10. PREMIUM SERVICES

  • Regular Free and Beta Free accounts are not required to supply a credit card number. Valid Credit Card number is required for all non-free accounts.
  • Services are billed in advance on a monthly basis.
  • Cancellation Policy. Cancellation of accounts requires switching to a regular "free plan." You are billed every 30 days starting from the first date of the subscription. If you cancel your account before expiration of 30 days you will not be billed for the following month. Canellation can be self-served via on-site tools or handled by showmelocal support staff (support@showmelocal.com). You cannot contact your credit card company to request cancellation of the service.
  • Refunds: We do not refund/prorate/issue partial refunds for unused days/months.
  • Upgrading/downgrading.
    1. Billing: Your provided credit card will be automatically charged the newly selected amount on your next billing cycle. You will not be charged when you select "free plan" (read cancellation policy)
    2. Features: If your selected package is higher in features, you will get access to these features at the time of sign up. If your selected package is lower in features, your account will be downgraded on next billing date.
  • Downgrading your service may cause a loss of or unavailability of content and features.
  • Beta Free Accounts will be depreciated on October 31 2008. On November 1 2008 all non-upgraded Beta Free Accounts will be converted to Regular Free Accounts.
  • If you signed up through our authorized partner please contact designated person to handle account issues. You can find designated contact information in the subscription section of your account.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  • ShowMeLocal Inc. will appear on your billing statement.
  • Order history is available at http://www.showmelocal.com/users/orderhistory.aspx

11. BUSINESS WEBSITE, DOMAINS.

  • Valid credit card is required.
  • Based on selected business package (free or premium), site's content is taken is derived from your profile
  • Billed separately from the premium subscription.
  • There is a minimum term of 3 (three) months that you have to keep the account open before you can modify the subscription.
  • ShowMeLocal.com is the registrar for your domain.
  • Minimum registration term for domain is 1 year.
  • Domain will be renewed automatically if "auto-renewal" option is selected. If any issue with payment occurs, the domain "auto-renewal" is not available until issue it resolved.
  • You can handle all aspects of your domain, such as DNS, Redirects and etc.
  • Email boxes are redirects to your existing email account and do not have any associated web interface or POP accounts.
  • Cancellation of this service may result in a loss of domain name after the domain name expiration. You can opt to keep a domain name for an additional fee. Your website content will not be available after account cancellation and full expiration.
  • Canellation of this service can be self-served via on-site tools or handled by showmelocal support staff (support@showmelocal.com). You cannot contact your credit card company to request cancellation of the service.
  • Website content is derived from your profile content and shares same management tools. Site Dashboard can handle some specific settings that are not available for your profiles.
  • ShowMeLocal Inc. will appear on your billing statement.
  • Order history is available at http://www.showmelocal.com/users/orderhistory.aspx
8. Your website content will not be available after account cancellation and full expiration.
9. Website content is derived from your profile content and shares same management tools. Site Dashboard can handle some specific settings that are not available for your profiles.

12. DATA SUBMISSION/DISTRIBUTION AKA GET LISTED EVERYWHERE.

Subscribers to Data Submission Service understand that we make no guarantees about placements or positioning with the third party directories to whom we provide the data. We make every effort to ensure these directories use the data in accordance with our policies and that they publish any changes that are made by the users. However, we cannot guarantee this nor any timeframe associated with posting or corrections or deletions.
  • Valid credit card is required.
  • Billed separately from any ShowMeLocal premium products.
  • One fee per one submission.
  • Content is derived from your profile content with ability to edit during the ordering process.
  • You are responsible for content you provided.
  • We reserve 60-90 days to fulfill the order.
  • Report will be posted to the business dashboard upon completion of the order.
  • We are not responsible for representation of your content on the 3rd party sites.
  • Actual Distribution list varies.
  • All Sales are final. No refunds .
  • ShowMeLocal Inc. will appear on your billing statement.
  • Order history is available at http://www.showmelocal.com/users/orderhistory.aspx

13. PHONE VERIFICATION.

  • Valid credit card is required.
  • Billed separately from any ShowMeLocal premium products.
  • One fee per one phone number.
  • You are responsible to provide working accessable phone number and follow instructions to verify it.
  • This service is free of charge for all active premium subcription products(see 10).
  • If you have problems validating phone number please contact us at support@showmelocal.com.
  • All Sales are final. No refunds .
  • ShowMeLocal Inc. will appear on your billing statement.
  • Order history is available at http://www.showmelocal.com/users/orderhistory.aspx

14. ADVERTISMENT

Please note that ShowMeLocal is running advertisement on the site and you agree that advertisement can appear anywhere on your business pages. We reserve the rights to choose content, method of delivery, format and placement of advertisement anywhere on the site and can change it without notice.

15. LINKS

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and look at the privacy policy applicable to the website in question.

16. AGENCIES/SEO CONSULTANTS

You agree that by supplying content on behalf of your client that includes: business information, photos, images, sound and video files, coupons, sales, promotions, advertisement, job postings, ratings and reviews, you automatically (unless otherwise stipulated) agree to the following:
  • don't create a business that is not located in USA or Canada.
  • don't put location, phone number or general category in your business name. ex. Locksmith in Brooklyn NY is not permitted.
  • don't create multiple listings for the same business.
  • don't create listings for the same business for each location you serve unless there is a legitimate location there.
  • if you are claiming/creating business on behalf of your client supply the real business email in the business email section.
  • proxy emails are not allowed.
  • URLS. We don't pass rank to the URL of your client; we don't have any hrefs going to your client URL.
  • don't create duplicate profile and ask us to remove the listing that we have on our site, either claim it or if the listing is already claimed, ask your client to obtain access to registered listing. .
  • don't engage in any link schemes or try to game the system.
  • comply with the general conduct.

17. PROPRIETARY RIGHTS

All Content presented to you through the SERVICES by us, our advertisers, content/applications providers or third parties, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that you are only permitted to use such Content as expressly authorized by us, the advertiser, the provider or third party in question. You are not permitted to copy, reproduce, distribute, or create derivative works from our SERVICES as well as Content and Software without written authorization from us, the advertiser, the provider or third party in question. In no way can you duplicate or modify functionality of the site, copy and use design or design elements, obtain and (or) distribute source code, modify existing modules for your private or commercial use.

18. DISCLAIMER OF WARRANTIES

  1. YOU AGREE THAT USE OF THE ShowMeLocal SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE ShowMeLocal SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
  2. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
  3. SHOWMELOCAL DOES NOT WARRANTY THAT (A)SITE IS FREE OF ERRORS, (B)SERVICES IS RELIABLE AND UNINTERRUPTED, (C)YOUR PARTICIPATION ON THE SITE WILL INCREASE YOUR REVENUE, (D) ALL TOOLS AND UTILITIES OF THE SITE ARE FULLY MEETING YOUR EXPECTATIONS.
  4. WE NOT WARRANTY THAT CONTENT PROVIDED BY USER IS RELIABLE AND ACCURATE AS WELL AS SAFE FOR DOWNLOAD BY USER TO USER'S EQUIPMENT. SHOWMELOCAL IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR TO THE USER'S EQUIPMENT BY USING THE SITE, INCLUDING HARDWARE AND SOFTWARE OF THE USER'S EQUIPMENT.


19. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL SHOWMELOCAL, ITS AFFILIATES, AGENTS, SUPPLIERS, PARTNERS, INFORMATION PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES, LOST REVENUES, OR DAMAGES RESULTING FROM LOST DATA, INCONVENIENCE OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHOWMELOCAL OR SUCH OTHER PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHOWMELOCAL OR THE AFOREMENTIONED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE ON THE WEBSITE OR ANY OF ITS CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF THE WEBSITE EXCEED ONE DOLLAR ($1.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

20. INDEMNITY

You agree to indemnify and hold ShowMeLocal, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the SERVICES, your use of the SERVICES, your violation of the "Terms of Use", your breach of any of the representations and warranties herein, or your violation of any rights of another.

21. GENERAL INFORMATION

The "Terms of Use" constitute the entire agreement between you and ShowMeLocal and govern your use of the SERVICES, superseding any prior agreements between you and ShowMeLocal. The "TERMS OF USE" and the relationship between you and ShowMeLocal shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and ShowMeLocal agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Brooklyn, New York. The failure of ShowMeLocal to exercise or enforce any right or provision of the "TERMS OF USE" shall not constitute a waiver of such right or provision. If any provision of the "TERMS OF USE" 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 "TERMS OF USE" 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 SERVICES or the "TERMS OF USE" must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. VIOLATIONS

Please report any violations of the "TERMS OF USE" by emailing to:

support@showmelocal.com

23. FEEDBACK

We welcome your feedback. Send your feedback to info[at]ShowMeLocal.com.

 

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