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Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND INSIDE GUIDE LLC governing your use of this site, www.insideguide.com (the "Site") which includes but is not limited to products, software and services offered by way of the websites such as the “GOODIES,” “CUSTOMER LIST,” and other applications (the “Site”). Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. Inside Guide LLC reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on March15, 2011.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
Registration
In order to utilize certain functionality of the Site, you must complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself and/or your business as prompted by the Site registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Inside Guide LLC of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Inside Guide LLC from any loss or damage arising from unauthorized use of your password or user name.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Inside Guide LLC and processing of such data by Inside Guide LLC in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
By registering as a user, you agree to receive emails from business you rate or emails from business which you are a customer until such time as you opt-out by going on-line and click to opt-out.
By registering as a business, you agree to use the “CUSTOMER LIST” to send only to those customers of yours who have opted-in to your emails.
Changes to Website, Software, and Services
Inside Guide LLC reserves the right to;
- change or remove (temporarily or permanently) the Website or any part of it without notice
and you confirm that Inside Guide LLC shall not be liable to you for any such change or removal.
- change, remove, or discontinue any software, service, or promotion (including but not limited to
any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Inside Guide LLC shall not be liable for any such change or removal.
- change or discontinue any promotional discount vouchers or coupon codes at anytime with notice
and you confirm that Inside Guide LLC shall not be liable for any such change or removal.
- change this Agreement at any time, and your continued use of the Website following any changes
shall be deemed to be your acceptance of such change.
Intellectual Property Issues
The Site is owned by Inside Guide LLC. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Inside Guide LLC.
Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws of the United States, you agree:
1. That you may only download Content that Inside Guide LLC designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Inside Guide LLC, unless such use is pursuant to Educational Use of Content of this agreement.
3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
4. To refrain from framing or mirroring any portion of the Site.
5. For clarity, you retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site (“Content”). By uploading Content, you grant Inside Guide LLC (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with Inside Guide Products. Inside Guide LLC may license or sublicense, in whole or in part, to third parties rights in Content as appropriate to distribute, market, or promote such Inside Guide Products. An Inside Guide Products is defined as "a product of Inside Guide LLC, a subsidiary, affiliate, joint venturer, or licensee of Inside Guide LLC, in any language, over which Inside Guide LLC has "Editorial Control." For the purposes of this Agreement, "Editorial Control" means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the Inside Guide Products. You also agree that Inside Guide LLC may make Content available to users of the Site who may display and redistribute it in the same way that Inside Guide LLC makes all other Content available.
Shopping
You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to Inside Guide LLC in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.
INSIDE GUIDE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. You agree that Inside Guide LLC’s sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered. IN NO EVENT SHALL INSIDE GUIDE LLC, ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, TRAVEL AND TOURS.
All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.
Liability
The Site and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
Although Inside Guide LLC does not routinely monitor the postings to the Site, Inside Guide LLC reserves the right (but assumes no obligation) to delete, move, or edit any Content that comes to its attention that Inside Guide LLC considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Inside Guide LLC, restricts or inhibits any other user from using or enjoying the Site will not be permitted. Inside Guide LLC reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any of the copyright or trademark laws of the United States.
The Site may provide, or third parties may provide, links to other sites or resources. Because Inside Guide LLC has no control over such sites and resources, you acknowledge and agree that Inside Guide LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Inside Guide LLC shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
User and Business Conduct
Inside Guide LLC wants to encourage an open exchange of information and ideas on the Site. You can expect the Site to include information and opinions from a variety of individuals and organizations other than Inside Guide LLC. Inside Guide LLC neither endorses nor guarantees the accuracy of any Content. Inside Guide LLC does not edit or endorse Content and cannot guarantee that inappropriate material will not be posted. Inside Guide LLC may review Content from time to time and may take steps to remove inappropriate Content that comes to its attention; however, it engages in no routine monitoring of the Site. There is no substitute for healthy skepticism and your own good judgment.
You agree to assume full and sole responsibility for any Content you post to the Site, and you agree to:
1. Abide by the Community at Inside Guide LLC Rules for Members (which are fully incorporated into these Terms);
2. Post Content that is relevant to and appropriate for the specific business.
3. or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Inside Guide LLC’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any Content that you post, and nothing you post will infringe on the rights of others;
4. Neither post nor transmit any unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive Content, or Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other Content that infringes on the ability of others to enjoy the Site, or is otherwise inappropriate;
5. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user.
6. Not post anonymously or impersonate any other person;
8. Neither use nor launch any automated means, including “robots,” “spiders,” or “offline readers” that accesses the Website in a manner that sends more request messages to the Inside Guide LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); and
9. Not to alter or modify any part of the Site structure or workings, make no use that would interfere with or disrupt the Site or servers or networks connected to the Site, make no Content available (whether through upload, post, email, transmit, or otherwise) 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, and neither circumvent nor disable any security or data-protection measures implemented by Inside Guide LLC.
Indemnification
You agree to indemnify, defend, and hold harmless Inside Guide LLC; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. Inside Guide LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Inside Guide LLC in asserting any available defenses.
Miscellaneous
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Clearwater, FL., pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the Florida, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate-of-interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If Inside Guide LLC is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Inside Guide LLC for its respective legal fees, costs, and disbursements if Inside Guide LLC is successful.
These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between Inside Guide LLC and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Inside Guide LLC may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.
Copyright © 2011 Inside Guide LLC. All rights reserved.
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