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FULL TERMS AND CONDITIONS
*NOTICE: Listing are limited for each city in each category. For cities of less than 100,000 population, there will be no more than three listings for the city directory. The top 25 most populous metropolitan areas may contain up to ten (10) listing per metropolitan area. Others will be limited to no more than five (5) listings per city directory.
When two or more listings are present, individual listings will be randomly rotated to the top most position so that each listing will share the top most position an equal number of times.
Your rates are locked for as long as you maintain this subscription, uninterrupted. Prices are subject to change after this introductory period ends. Renewal of any lapsed subscriptions will be at the 'then-current' rates.
**No Refunds: All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
LOCKED-4-LIFE™ PROMISE AND GUARANTEE MODIFICATIONS TO FEES OR BILLING TERMS - DoMe2Nite RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY DoMe2Nite, UPON PUBLICATION OF NOTICE ON THIS WEB PAGE. SUCH CHANGE OR ADDITION SHALL APPLY ONLY TO LISTING SUBSCRIPTIONS INITIATED AFTER NOTIFICATION.
DoMe2Nite's Locked-4-Life™ promise and guarantee is your assurance that you may renew any listing subscription at the initial published rate for as long as you desire. If you allow your listing subscription to expire or lapse, the locked-4-life™ will terminate and the then-current rates shall apply.
TERMINATION
Termination By You
To cancel your subscription to any Service, you need only to click the 'unsubscribe' button and enter your subscription identity. Once you have terminated your subscription, we will stop billing your credit card until and unless you re-subscribe to a Service. There is no early termination fee. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
Termination By DoMe2Nite
You agree that DoMe2Nite, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password or use of the Application and/or Service(s) (or any part thereof) for any reason, including, without limitation, if DoMe2Nite believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or the DoMe2Nite End User License Agreement. DoMe2Nite may also in its sole discretion and at any time modify or discontinue providing the Application and/or any Service, or any part thereof, with or without notice. Further, you agree that DoMe2Nite shall not be liable to you or any third-party for any interference with or termination of your access to the Application and/or any Service.
PRICE AND AVAILABILITY
The products and services offered or referred to on this Site are subject to availability. The prices stated for such products and services are subject to change without notice.
RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at DoMe2Nite's sole discretion.
CHANGES TO THE SITE
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
CHANGES TO TERMS AND CONDITIONS
DoMe2Nite may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.
PRIVACY POLICY
DoMe2Nite's personal information practices on this Site are governed by DoMe2Nite's privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of 18.
MANAGING YOUR PASSWORD AND YOUR ACCOUNT
You are solely responsible for managing your password and for keeping your password confidential. No one from DoMe2Nite will be authorized to provide your password. If you have forgotten your password, go to the Sign In link at the top of the screen, then click on "Forgot your password." Follow the instructions, and a link to change your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your DoMe2Nite.com account or your DoMe2Nite ONLINE membership. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DoMe2Nite's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying DoMe2Nite and its affiliates that your copyrighted material has been infringed.
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DoMe2Nite's Copyright Administrator for notice of claims of copyright infringement on this Site can be reached as follows:
Copyright Administrator
DoMe2Nite Legal Department
1201 Elm Street, Suite 2100
Dallas, TX 75270
Email address: copyrightadministrator@DoMe2Nite.com
INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of DoMe2Nite or its licensors and are protected by copyright, trademark and other intellectual property laws. DoMe2Nite name, design and related marks are trademarks of DoMe2NiteCopyright © 2005 - DoMe2Nite.com All rights reserved.
DoMe2Nite hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display Materials for commercial and personal use; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of DoMe2Nite Use of Materials is only permitted with the express written permission of DoMe2Nite and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.
This Section will survive the termination of your right to use this Site.
DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. DoMe2Nite MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE., NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, DoMe2Nite DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DoMe2Nite, ITS AFFILIATES, DoMe2Nite FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT DoMe2Nite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
INDEMNIFICATION
You agree to indemnify and hold harmless DoMe2Nite and its affiliates and their respective directors, officers, employees, agents, owners or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.
DISPUTE RESOLUTION
All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against DoMe2Nite related to any Claim. n the event of any dispute, tort or claim which requires adjudication by a court of competent jurisdiction, said court must and shall be located in Orange County, Florida. If you do not agree to this provision, any agreement or purported agreement shall be void, nunc pro tunc.
This provision shall survive the termination of your right to use this Site.
TERMINATION
DoMe2Nite may at any time and at its sole discretion terminate your right to use this Site.
GOVERNING LAW
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
RELIANCE ON INFORMATION
This Site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at DoMe2Nite's sole discretion. Also, changes are periodically made to the information contained herein.
GENERAL
Except for the portion of these Terms and Conditions specifically labeled as the DoMe2Nite Online Directory Listing Subscription Terms and Conditions, which govern all subscriptions to the DoMe2Nite Online Directory Listing Subscription service, and the agreements, terms applicable DoMe2Nite Online Directory Listing Subscription memberships which apply to all dealings between DoMe2Nite and its members (the "Membership Rules"), these Terms and Conditions of Use constitute the entire agreement between you and DoMe2Nite with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. In the event of an inconsistency between these Terms and Conditions of Use and the Membership Rules, these Terms and Conditions of Use shall prevail. In the event of an inconsistency between these Terms and Conditions of Use and the DoMe2Nite Online Directory Listing Subscription Terms and Conditions, the DoMe2Nite Online Directory Listing Subscription Terms and Conditions shall prevail. No failure by DoMe2Nite or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.
USER CONDUCT
User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. DoMe2Nite, Inc. may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the SITE.
INDEMNIFICATION
User agrees to indemnify and hold DoMe2Nite, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, content provided by the User, the violation of this Site Users's Agreement by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.
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