Advertisement

TERMS OF USE

Whats In Your Area LLC ("WIYA") operates this web site http://www.whatsinvourarea.comWIYA and the products, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this ("Agreement"). WIYA reserves the right, at its sole discretion and without notice, to amend and/or modify the Terms of Use. to provide online access to information about

 

Website Design

WIYA and the Distribution Sites may redesign or modify the organization, structure and/or "look-and-feel" of our respective Web sites, Advertising Products, Statistics, Interruption of Our Services and published set of headings and directories at any time and without notice; we may discontinue, add or amend Distribution Sites at any time in our sole discretion.

 

Advertiser Account, Password and Security

After signing up for your membership, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WIYA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WIYA cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

Advertiser/User Conduct

You understand that all information, data, text, photographs, graphics, 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 WIYA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. WIYA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WIYA be liable in anyway for any Content, including, but not limited to, for any errors or emissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

You agree to not use the Service to:

a.  upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, 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 WIYA official, forum leader, guide or host, 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;

e.  upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (''Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

h. upload, post, email, transmit or otherwise make available 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" and/or otherwise harass another; or

m. collect and/or store personal data about other users.

 

Correction of Errors and Inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. WIYA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. WIYA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

 

Enforcement/ Choice of Law/ Choice of Forum

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, WIYA’s Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with U.S. federal law and with the law of the State of Michigan, without regard to any conflict of laws provision.

 

Distribution Rights

You may not modify, sublicense, copy, rent, sell, distribute or transfer any part of your membership except as provided in this Agreement.

 

DISCLAIMER OF WARRANTIES AND LIABILITIES

WIYA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. WIYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. WIYA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. WIYA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.


Limitation of Liability

WIYA Directory, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS; DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF WIYA Directory IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, WIYA Directory ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR WIYA Directory CONTINUED LISTING OF A SITE IN THE DIRECTORY.

 

Note: BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WIYA’s LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

 

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THE ORDER, NEITHER WE NOR ANY DISTRIBUTION SITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE), REGARDING THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF THE ADVERTISEMENTS OR ADVERTISING PRODUCTS, LINKED SITES, ANY SITE WE MAY CREATE FOR YOU, OR OTHERWISE UNDER OR RELATED TO THIS AGREEMENT.

 

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless WIYA, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

 

Third Party Content, Sites, and Services

The whatsinyourarea.com site and content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of whatsinyourarea.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

 

Your interactions with business, organizations and/or individuals found on or through the site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such business, organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 

You agree that whatsinyourarea.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that whatsinyourarea.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release whatsinyourarea.com, its officers, employees, agents and successors in rights from claims, demands and damages {actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

 

 

Termination

Whatsinyourarea.com reserves the right to terminate your membership if you do not abide by our terms and conditions. Termination of the membership may include, but not be limited to, the immediate discontinued use of our service.

 

Refund Policy

Refunds are only given within 48 hours of purchase. There is a $5.00 processing fee for all refunds no matter what the reason is or the amount of time that has passed. We reserve the right to change our website at anytime without notice. We reserve the right to close any account without a refund and without notice if that account is found to have been spamming whatsinyourarea.com in anyway.

 

Fees

Users may view Whatsinyourarea.com free of charge. Fees for the purchase of business classifieds, banner ads and listings apply and are listed elsewhere on the web site. Business Listings are aware and agree that an annual fee will be charge yearly. The annual fee will not increase as long as they continue their membership with WIYA. The cost of business classifieds and banners are subject to change.

 

Privacy Policy
WIYA
thanks you for visiting this web site and for your interest in our Services. WIYA warrants that your data will be treated confidentially and maintained in accordance with U.S. federal law and with the law of the State of Michigan. WIYA reserves the right at its discretion to change this policy and will notify users of any such changes by posting such changes on the site. Your continued use of the site after the posting of any amended policy shall constitute your agreement to be bound by any such changes. WIYA may modify, suspend, discontinue or restrict the use of any portion of the site, including the availability of any portion of the content at any time, without notice or liability.

 

 

 

 

 

 

Privacy Policy


WIYA thanks you for visiting this web site and for your interest in our Services. WIYA warrants that your data will be treated confidentially and maintained in accordance with U.S. federal law and with the law of the State of Michigan. WIYA reserves the right at its discretion to change this policy and will notify users of any such changes by posting such changes on the site. Your continued use of the site after the posting of any amended policy shall constitute your agreement to be bound by any such changes. WIYA may modify, suspend, discontinue or restrict the use of any portion of the site, including the availability of any portion of the content at any time, without notice or liability.

Advertisement