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Saturday, March 13, 2010
Website Terms and Conditions of Use

The Best of My Neighborhood is a website located at www.TheBestofMyNeighborhood.com (the “Site”). The Site is an Internet property of e-Business4us, Inc., a Florida Corporation, registered under number P08000029375, headquartered at 7041 Grand National Drive, Suite 230, Orlando, FL 32819, (“Contracted Company”), and represented by its President, Erick R. Salgado; and the CUSTOMER/USER, identified accepting this document by means of a fully paid and current advertisement or by using the Site, respectively;
By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (“Agreement”). The Agreement is inclusive of any operating rules, policies, price schedules and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and the Contracted Company with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time at our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.

2. Requirements. The Site is available only to individuals who can enter into legally-binding contracts under applicable law. The Site is not intended for use by individuals under the age of eighteen. If you are under the age of eighteen, you do not have permission to use and/or access the Site.

3. The Best of My Neighborhood Service. The Site is available to the general public for the purposes of locating and researching basic information on particular businesses that provide services in the United States market in several business categories. Also, The Best of My Neighborhood provides customers with an opportunity to advertise their business and attain recognition by means of advertising on our site with an advertisement web design made by them using the design tools offered by the site. The information that you must supply on the forms includes, but is not limited to: (1) your first name; (2) your last name; (3) complete mailing address; (4) e-mail address, as Registration data. You then have to complete your advertisement design. You agree to provide true, accurate, current and complete data. Contracted Company retains the right to reject any advertising design where it is determined, in its sole and exclusive discretion that: (1) you are in breach of the Agreement; and/or (2) the registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable; and/or (3) the content is for adults, is pornographic or has any other content found to be improper.

If Contracted Company terminates the Agreement for any of the reasons set forth in the Agreement, Contracted Company shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Contracted Company.

4. License Grant. As a customer of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Contracted Company may terminate this license at any time for any reason. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect The Best of My Neighborhood-related information from the Site or property except as expressly permitted by the Contracted Company. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Contracted Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on The Best of My Neighborhood infrastructure. Your right to use the Site IS NOT transferable.

5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, service or other materials viewed at or through the Site. The posting of information or material on the Site does not constitute a waiver of any right in such information and/or materials.

The Contracted Company does not accept liability for material submitted by the customer including but not limited to copyrighted materials, service marks, trademarks, slogans, and logos that belong to third party companies.

6. Editing, Deleting and Modification. We reserve the right at our sole discretion to edit and/or delete any documents, information, offers and/or other content appearing on the Site.

7. Indemnification. You agree to indemnify and hold Contracted Company, its The Best of My Neighborhood website, parents, subsidiaries and affiliates, and each of their respective shareholders, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the The Best of My Neighborhood Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Contracted Company, its parents, subsidiaries and/or affiliates, and each of their respective shareholders, officers, directors, members, employees, agents, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

8. Disclaimer of Warranties. THE SITE, AND ADVERTISED SERVICES THAT YOU MAY RECEIVE ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CONTRACTED COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, AND THE ADVERTISED SERVICES THAT YOU MAY RECEIVE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, AND THE ADVERTISED SERVICES THAT YOU MAY RECEIVE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR ADVERTISED SERVICES THAT YOU MAY RECEIVE WILL BE SAFE, ACCURATE OR RELIABLE. THE SITE AND/OR ADVERTISED SERVICES THAT YOU MAY RECEIVE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FURTHERMORE, BEFORE CONTRACTING ANY OF THE ADVERTISED SERVICES YOU SHOULD CHECK THOROUGHLY THEIR REFERENCES. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONTRACTED COMPANY, OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTRACTED COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONTRACTED COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE ADVERTISED SERVICES THAT YOU MAY RECEIVE; (B) ANY DISPUTE ASSOCIATED WITH ANY SERVICE ADVERTISER; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, THE ADVERTISED SERVICES THAT YOU MAY RECEIVE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE CONTRACTED COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF CONTRACTED COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE LIMITED TO A PRO-RATA REDUCTION OF CHARGES PAYABLE FOR THE ADVERTISING. IN NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED THE AMOUNT PAYABLE OR PAID FOR THE ADVERTISEMENT FOR OR DURING THE SERVICE MONTH OF THE CONTRACT WHERE THE ERROR(S) OR OMISSION(S) OCCURS. YOU HEREBY RELEASE CONTRACTED COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CONTRACTED COMPANY. THE SITE, THE ADVERTISED SERVICES THAT YOU MAY RECEIVE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

10. Third Party Websites. The Site may provide and/or refer you to links to other Internet websites and/or resources. Because Contracted Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Contracted Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Contracted Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

11. Legal Warning. Any attempt by any individual, whether or not a Contracted Company customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Contracted Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

12. Court of Justice. The Agreement shall be treated as though it were executed and performed in Orange County, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Contracted Company and governs your use of the Site and/or any advertised services, superseding any and all prior and/or contemporaneous agreements between you and Contracted Company. To the extent that anything in or associated with the Site and/or any The Best of My Neighborhood offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

13. Refund Policy. Due to the nature of this data all advertisements paid are final and not refundable.

14. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please send your request to:

e-Business4us, Inc. d/b/a TheBestofMyNeighborhood.com
7041 Grand National Drive, Suite 230
Orlando, FL 32819

In addition, you may contact us via e-mail at Contact@TheBestofMyNeighborhood.com

Copyright © 2009 e-Business4us, Inc. All Rights Reserved.

RESTRICTED AREA

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7041 Grand National Dr. Suite 230 - Orlando, FL - 32819 - Phone (407) 370-3366
The Best Of My Neighborhood Copyright 2009 - All Rights Reserved. - contact@thebestofmyneighborhood.com