By using the theBusinessDirectory website (the 'Site'), you agree to follow and be bound by these terms of use (the 'Terms of Use') and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words 'you' and 'your' refer to each customer or Site visitor, 'we', us' and 'our' refer to theBusinessDirectory and 'Services' refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Service Department.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Please also refer to theBusinessDirectory's Privacy Policy and Full Disclaimer, each of which is incorporated herein by reference.
theBusinessDirectory.org provides an online business listing service for the purpose of promotion and marketing of goods and services. WE DO NOT IN ANY FORM GUARANTEE, ENDORSE OR VERIFY THE GOODS AND SERVICES LISTED ON THIS SITE.
1. Privacy Policy. theBusinessDirectory respects your privacy and permits you to control the treatment of your personal information. A complete statement of theBusinessDirectory current Privacy Policy can be found by clicking here. theBusinessDirectory's Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify theBusinessDirectory immediately of any unauthorized use of your account, user name or password. theBusinessDirectory shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by theBusinessDirectory, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
In connection with the use of certain theBusinessDirectory products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant theBusinessDirectory a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate theBusinessDirectory's rights at any time by removing your personal information from the applicable service.
2. Ownership. This Site is owned and operated by theBusinessDirectory, LLC. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the 'Materials') are owned either by theBusinessDirectory or by our respective third party authors, developers or vendors ('Third Party Providers'). Except as otherwise expressly provided by theBusinessDirectory, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of theBusinessDirectory's intellectual property rights, whether by estoppel, implication or otherwise. See the 'Legal Contact Information' below if you have any questions about obtaining such licenses. theBusinessDirectory does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by theBusinessDirectory. Any rights not expressly granted herein are reserved by theBusinessDirectory.
3. Limited Permission to Download. theBusinessDirectory hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than theBusinessDirectory (each a 'Third Party Site'). theBusinessDirectory works with a number of partners and affiliates whose sites are linked with theBusinessDirectory. theBusinessDirectory is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. theBusinessDirectory makes no guarantees about the content or quality of the products or services provided by such sites. theBusinessDirectory is not responsible for webcasting or any other form of transmission received from any Third Party Site. theBusinessDirectory is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by theBusinessDirectory of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that theBusinessDirectory is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Additional Terms. Some theBusinessDirectory Services may be subject to additional posted guidelines, rules or terms of service ('Additional Terms') and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control. Note that your use of the theBusinessDirectory Corporate Center and Subscription Services will be subject to the Supplemental Terms of Use and Subscription Services.
6. Reviews, Comments, Communications, And Other Content. At various locations on the Site, theBusinessDirectory may permit visitors to post reviews, comments, and other content (the 'User Content'). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
Rights and Responsibilities of theBusinessDirectory: theBusinessDirectory is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that theBusinessDirectory members may choose to post and distribute as User Content. theBusinessDirectory does not screen works before they are posted, and no prior approval is required for posting. theBusinessDirectory disclaims all copyright and ownership in such works and all responsibility for them.
Although we cannot make an absolute guarantee of system security, theBusinessDirectory takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.
If theBusinessDirectory's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, theBusinessDirectory reserves the right to delete those files or to stop those processes. If the theBusinessDirectory technical staff suspects a user name is being used by someone who is not authorized by the proper user, theBusinessDirectory may temporarily disable that user's access in order to preserve system security. In all such cases, theBusinessDirectory will contact the member as soon as feasible.
theBusinessDirectory has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.
theBusinessDirectory reserves the right to refuse service to anyone and to cancel user access at any time.
Rights and Responsibilities of theBusinessDirectory Users or Other Posters of User Content: You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any theBusinessDirectory service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for obtaining the copyright holder's permission first.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to eModifyMyLoan to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time.
The use of your theBusinessDirectory user account or posting User Content for any illegal activity under the laws of Arizona and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside theBusinessDirectory's locality or your own residence. theBusinessDirectory is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and theBusinessDirectory cannot guarantee that you won't run into legal trouble in other jurisdictions over your posting.
Your Rights and Responsibilities as a theBusinessDirectory User and Reader of User Content: You are not required to provide your real name when signing up as a user of theBusinessDirectory. theBusinessDirectory permits anonymous or pseudonymous accounts. Any user may request that such member's e-mail address be hidden to provide for additional privacy.
If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, theBusinessDirectory staff will not take a role in mediating conflicts between you and other users. theBusinessDirectory does not take responsibility for your behavior or that of other users. Notwithstanding the foregoing, if such a complaint or conflict arises, the user or users may request that theBusinessDirectory moderator intervene and attempt to resolve any such dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other or (iv) successfully resolve the situation. The decision to intervene rests with theBusinessDirectory, in our sole and absolute discretion.
Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact theBusinessDirectory via E-MAIL as soon as possible.
7. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, theBusinessDirectory EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
theBusinessDirectory MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. theBusinessDirectory SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL theBusinessDirectory, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF theBusinessDirectory HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Indemnification. You agree to defend, indemnify and hold harmless theBusinessDirectory, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
10. Unsolicited Submissions. Except as may be required in connection with your use of theBusinessDirectory Services, theBusinessDirectory does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to theBusinessDirectory through or in association with this Site shall be considered non-confidential and theBusinessDirectory's property. By providing such submissions to theBusinessDirectory you hereby assign to eModifyMyLoan, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. theBusinessDirectory shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
11. Inappropriate Content. When accessing the Site or using theBusinessDirectory's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation. theBusinessDirectory reserves the right to terminate or delete such material from its servers. theBusinessDirectory will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
12. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
13. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
14. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Arizona, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Arizona, and in the County of Maricopa. You and theBusinessDirectory agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
15. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2010, theBusinessDirectory, LLC. ALL RIGHTS RESERVED.
16. Trademarks. theBusinessDirectory, theBusinessDirectory.org, theBusinessDirectory’s logo and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of theBusinessDirectory. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
17. Acknowledgement. BY USING theBusinessDirectory'S SERVICES OR ACCESSING THE theBusinessDirectory SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
theBusinessDirectory exists solely within the County of Maricopa in the State of Arizona. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of theBusinessDirectory occurs solely within the County of Maricopa in the State of Arizona, and that all content and services shall be deemed to be served from, and performed wholly within, Phoenix, Arizona, as if I had physically traveled there to obtain the service. I agree that Arizona law shall govern any disputes arising from my use of this website, and that the courts of the County of Maricopa, State of Arizona, shall have exclusive jurisdiction over any disputes.