TERMS OF USE

1. This Terms of Use (“Agreement”) is by and between you, the user, (“You” or “User”) and TheLocalBiz.Com (“Company”), which owns and operates the Website accessible at the URL www.LocalBiz.com (the “Website”).

2. Legally Binding Agreement. Your use of the Website constitutes your agreement to be legally bound by the terms and conditions set forth in this Agreement. This Agreement is subject to change and may be modified at any time by Company in its sole discretion. Any such modification shall be effective 72 hours after the modified Agreement is posted on the Website. Your use of the Website after such time shall constitute your agreement to be legally bound by the terms and conditions set forth in the modified Agreement.

3. Purpose. The purpose of the Website is to provide information pertaining to buying and selling goods and services. This information may be provided in the form of text, data, audio, video or audio-visual files, photographs, images, documents, digital files or other materials (all such information is hereinafter collectively referred to as “Content”).

4. Good Samaritan Third-Party Content Policy and Complaint Procedures.

(a) Policy. Certain portions of the Content are provided or generated by third parties, such as merchants, newspapers, magazines, and other publications and information sources, and may be inaccurate or incorrect. The Website may contain other inaccuracies and errors. It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory Content to be posted at this site. We will do our best, in good faith, to remove, disable or restrict access to or the availability of Content that, in our subjective view, is infringing, racist, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section 4 are intended to implement this policy but are not intended to impose a contractual obligation on the Company to undertake, or refrain from undertaking, any particular course of conduct. Although Company shall have no obligation to screen communications or postings on the Website, Company shall have the right to monitor the Website from time to time its sole discretion and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users. If Company is notified of Content that fails to conform to this Agreement, Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Content or termination of use of the Website.

(b) Complaint Procedures. If you view Content or receive a communication you believe is inconsistent with the terms of this Agreement, you may send an e-mail to info@TheLocalBiz.com describing the alleged inconsistency. You must use this e-mail address if you want to ensure that your complaint is actually received by the appropriate person charged with investigating alleged policy violations. Please provide us with as much detail as possible in your correspondence so that we may best investigate the complaint. Following receipt of such correspondence, Company, in its sole discretion, will determine what steps, if any, may be appropriate. All decisions made by Company regarding alleged inconsistencies are final and shall not impose on Company any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted Content.

(c) Indemnification/Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of Texas. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.

(d) Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of third-parties which take place at this site. By taking advantage of the Good Samaritan procedures set forth in this Section 4, you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the Content at this site or our response, or failure to respond, to a complaint.

(e) Investigation/Liability Limitation. You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of Content. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient.

5. Downloading. User shall not download a any Content posted on the Website without prior written consent of Company.

6. Disclaimer of Endorsements. Company shall not be considered to be an advertising or other agency, merchant of goods or services, broker, dealer, advisor, advocate, sales representative, middleman or other intermediary. Any offers, sales or purchases you make with another person or entity, or decisions you make facilitated by or through the Website are strictly at your own risk. Company’s use, posting, distribution, or publication of any Content shall not constitute or imply sponsorship or affiliation, or an endorsement, recommendation, advice, opinion or comment by Company nor an assurance of legality, quality or safety by Company. Company shall not be responsible for any offer, sale, purchase or other transaction made, or other communications made by anyone posting prices, offering goods or services, advertisements, opportunities, advice, proposals or other information on the Website.

7. Prohibited Uses. User shall not use the Website to post, transmit, display, publish, or distribute Content (i) in violation of this Agreement, (ii) in a manner that infringes the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, (iii) that is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, or (iv) that violates applicable laws, including without limitation, consumer protection and trade laws and regulations. Except as specifically authorized by Company, Users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website or the Content.

8. Third Party Links. The Website contains links to third party Websites. These links are provided solely as a convenience to you and are not intended to imply sponsorship, affiliation or endorsement by Company of the Content on such third party Websites. Company is not responsible for the Content of linked third-party sites and does not make any representations or warranties regarding the Content or accuracy of materials on any such third party websites. You access linked third party Websites at your own risk. If you believe that we have provided a link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it.

9. Linking to the Website. We encourage others to link to the Website, but ask that you notify us in advance of your intention to do so by e-mail at info@TheLocalBiz.com. You may create a plain text hyperlink to the Website provided that neither you nor the link portrays Company or any of the products or services advertised on the Website in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with Company or the Website. You may not “frame,” inline link, or similarly display any Company content or property, including, without limitation, the Content. You may not use any Company logo or other of its trademarks as part of the link without express written permission.

10. Intellectual Property. The Content of the Website, such as the compilation and arrangement of Content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), or other Content or software used in the Website (collectively, the “Material”), is the property of Company and is protected by United States and foreign copyright law. All rights are reserved. User shall not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by Company. The use of the Material on any other Website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of Company, is prohibited. TheLocalBiz.com^TM, the TheLocalBiz.com^TM logo, TheLocalBiz.com.com^TM, the TheLocalBiz.com^TM logo, “Local Business, Local Service, Local Savings” and other marks used on the Website are trade-names and trademarks of Company and shall not be used by the User in connection with any product or service in any manner that is likely to cause confusion in the marketplace, or in any manner that disparages or discredits Company.

11. No Warranties.

(a) THE WEBSITE, THE MATERIAL AND ALL CONTENT IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WEBSITE IT MADE AVAILABLE TO YOU “AS IS,” AND COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, INTENT, USEFULNESS, OR TIMELINESS OF THE MATERIAL, CONTENT, SERVICES AND LINKS OR NON-INFRINGEMENT OF ANY OF THE CONTENT ON THIRD PARTY INTELLECTUAL PROPERTY OR OTHER RIGHTS. USE OF THIS WEBSITE IS AT YOUR OWN RISK.

(b) COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR COSTS OR EXPENSES ARISING OUT OF SERVICING OR REPLACING ANY EQUIPMENT OR DATA DAMAGED IN CONNECTION WITH YOUR USE OF WEBSITE OR ANY OF ITS CONTENT.

(c) COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND NUMEROUS FACTORS OUTSIDE OF COMPANY'S REASONABLE CONTROL MAY INTERFERE WITH OPERATION OF THE WEBSITE.

(d) TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINGING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 11 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION 11 SHALL BE CONSTRUED TO TAKE PRECEDENCE.

12. Limitation of Liability. In no event shall Company, its affiliates, agents, suppliers, partners, information providers, and its and their respective officers, directors, employees, contractors and agents 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 Company or such other parties are advised of the possibility of such damages.

13. Violations/Indemnification. Your access privileges are conditioned on your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that we may deny you access to the Website, and if asked to do so, you agree that you will not attempt to access the Website. IF YOU VIOLATE ANY OF THE TERMS OF THIS AGREEMENT, YOU FURTHER AGREE TO HOLD COMPANY HARMLESS AND TO UNCONDITIONALLY INDEMNIFY AND DEFEND COMPANY (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES, SUITS, JUDGEMENTS, SETTLEMENTS MADE BY YOU, AND LIABILITY OF EVERY KIND (INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEY’S FEES) WHICH MAY BE ASSERTED AGAINST COMPANY AS A RESULT OF ANY SUCH VIOLATION OF THIS AGREEMENT.

14. Children. This Website is intended solely for use by adults. Parents and guardians are solely responsible for use of this site by their children under the age of eighteen. Minors may not use this site without actual parental supervision.

15. Miscellaneous. This Agreement may not be assigned by User without the prior written consent of Company. This Agreement is governed by the laws of the State of Texas, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Austin, Texas. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. Except as expressly provided in a particular “Legal Notice,” written license or material on particular Web pages, this Agreement constitutes the entire Agreement between you and Company with respect to the use of the Website.

16. User Information and Privacy. Disclosure and use of information obtained from Users is subject to Company’s Privacy Statement as set forth in Exhibit A, incorporated herein by reference.

If you have any questions about this Agreement, the practices of the Website, or your dealings with the Website, you can contact the Company at:

TheLocalBiz.com
Info@TheLocalBiz.com.

PO Box 1709
Dripping Springs, TX 78620

EXHIBIT A

User Information and Privacy

1. Online Privacy Alliance. Company embraces the privacy guidelines as developed by the Online Privacy Alliance (OPA) and the Federal Trade Commission (FTC), and this privacy policy adheres closely to the principles addressed in those guidelines. To view these guidelines, please visit the web sites of the corresponding organization, http://www.privacyalliance.org/resources/ppguidelines.shtml and http://www.ftc.gov/reports/privacy3/fairinfo.htm.

2. P3P. The Website is in compliance with the current draft of the World Wide Web Consortium (W3C) Platform for Privacy Preferences (P3P) specification, http://www.w3c.org/P3P, dated April 16, 2002. This specification was developed to allow users to more easily evaluate the use of personal information collected by the web sites they visit. Thus, if your browser is Microsoft Internet Explorer Version 6, or later, your browser can electronically interpret the P3P version of our privacy policies.

3. Collection and Use of Non-personal Information. If you visit the Website, we do not collect any personally identifiable information about you (such as your name, address, phone number or email address) unless you specifically provide it. We do, however, collect non-personally-identifiable (anonymous) information about you, such as the server your computer is logged into or your browser type. Other examples of non-personally-identifiable information include: (a) your IP address (a unique number that is automatically assigned to your computer whenever you are surfing the Web; many Web servers automatically identify your computer by its IP address); (b) your domain type (i.e., .com, .net, .edu, etc.); and (c) standard information included with every communication sent on the Internet, such as browser type, operating system, browser language, service provider, and the local time. Company collects data from the Web logs of its servers -- the computers that “serve up” Web pages -- delivering the Company Content. This includes information about what you view and, along with information gathered from our other users, we create “aggregate data” reports that we may disclose to third parties, including our clients with whom we have entered into an agreement to provide such information. We may also study aggregate data in order to enhance our existing services or develop new services. We will not disclose any personally identifiable information to a third party without your express prior written authorization. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our or terms of use or to protect our service, site, customers, or others, or when required by law.

4. Use of Cookies. Company uses cookies on the Website. Cookies are used for record keeping, to track your movements when you visit the Website and to help us determine what type of information to present to you. The use of cookies is an industry standard, and are used by most Web sites. Our cookies do not contain any personally identifiable information about you, and do not damage or alter your system files in any way. The first time you visit the Website, Company assigns you a unique, anonymous, ID, which is stored in the cookie on your computer.

5. Collection of Personal Information. If you choose to register for Email Alerts, we do require your email address. We will not share any of this information with any third party unless you explicitly ask us to. The Email Alerts feature offers the opportunity to receive email regarding special offers. If you request this information, we will send the appropriate information to the email address you provide, and we will provide your email address to the retailers whose information appears on the Website so that they may directly contact you regarding such offers. If you don't request this information, we won't send it to you and we will not share your email address with any other third party. Company does not share any contact information with third parties other than the retailer(s) whose information appears on the Website.

6. Who is Collecting Your Information. Your information is being collected solely by Company and the retailers whose information appears on the Website. See the discussion under “With whom your information may be shared” below concerning the circumstances under which certain of your information may be disclosed to third parties.

7. With Whom Your Information May be Shared. Company does not sell trade or rent your personal information to others. As discussed above under “Collection and use of non-personal information,” we may provide aggregate statistics about our users, traffic patterns and related site information to our clients or for other marketing and promotional purposes. In these situations, we would not disclose any information that could be used to personally identify you.

8. Retention of Information. Any information we collect may be retained for an indefinite period of time.

9. Confidentiality and Security. Company has implemented generally accepted standards of technology security in order to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction. Only employees of Company have access to the information we collect, and these employees are made aware of and required to comply with our privacy policy.

10. Links to Other Sites. The Website may provide links to an external Web site. When you click on such a link, you will leave the Website and enter an external Web site that is not controlled by Company. The privacy policy of the external Web site will then be in effect, not Company’s. Company does not control or makes an endorsement of any kind regarding the external site or its privacy policy. Company’s policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. We do not control cookies from the other sites that you may link to from Company.

11. Children. The Website is not a commercial Web site or an online service directed to children under 13 years of age and our Content and other services are not written, intended, or designed for children under the age of 13. To ensure that Company stays in compliance with the Children’s Online Privacy Protection Act (COPPA), we review the details of COPPA on a regular basis.

12. Changes to this Privacy Policy. All versions of this privacy policy are dated with the effective date (the date on which the policy was posted to Company). Company will only use the information we learn about you in the manner described in the Privacy Policy in effect when the information was collected from you. However, we reserve the right to change the terms of this Privacy Policy at any time by posting revisions to our site.

13. Changes in Corporate Structure. If Company is sold, merged or otherwise transferred to another entity, the personal information you have provided at this site may be transferred as part of that transaction. However, Company will take steps to assure that any personal information is used in a manner consistent with the Company privacy policy under which it was collected.

14. Effect of Legal Obligations upon this Privacy Policy. Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company’s rights or property, other Company users, or anyone else that could be harmed by such activities. Company also may disclose user information when we believe in good faith that the law requires it.

15. Effect of Privacy Policy. This privacy policy is not intended to and does not create any contractual or legal rights in or on behalf of any party. As noted above, we may revise this privacy policy from time to time in our sole discretion.

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