Terms of Service
Welcome to SOCAL411. The following are the rules
("Terms") that govern use the SOCAL411 network of properties (the
"Service"). By using or visiting the Service, you expressly agree to be
bound by these Terms and to follow these Terms and all applicable laws and
regulations governing the Service. SOCAL411 ("SOCAL411") reserves the
right to change these Terms at any time, effective immediately upon
posting on the Service. You can review the most current version of the
Terms at any time at:
http://socal411.com/legl/terms_of_service.htm. In addition, when using
particular SOCAL411 owned or operated services, you and SOCAL411 shall be
subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the Terms.
Copyright® 2009 SOCAL411. All rights reserved.
Reproduction of any material contained in SOCAL411 is strictly
prohibited. Permission to use all documents and related graphics and any
other material from this World Wide Web server is subject to the following
Terms.
Permitted Use
You agree that you are only authorized to visit, view, and retain a copy
of pages of this Service for your own personal use, and that you shall not
duplicate, download, publish, modify, or otherwise distribute the material
on this Service for any commercial use, or for any purpose other than as
described in these Terms. You also agree not to deep-link to the Service
for any purpose, unless specifically authorized by SOCAL411.
USE VOID WHERE PROHIBITED
Use of the Service is void where prohibited. By using this Service, you
represent and warrant that you have the right, authority, and capacity to
enter into this Agreement and to abide by all the Terms and Conditions of
this Agreement.
No Resale of Service
This information is proprietary to SOCAL411 and its data suppliers and is
protected under U.S. copyright law and international treaty provisions.
This information is licensed for your personal or professional use and may
not be resold or provided to others. You agree not to reproduce,
duplicate, copy, distribute, sell, rent, trade, resell, sublicense, lease
or exploit for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
Modifications to Service
SOCAL411 reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that SOCAL411 shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
Registering with SOCAL411
In order to take advantage of certain features on the Service, you may be
required to register with SOCAL411. For example, you may be required to
register with SOCAL411 if you want to set up a "My SOCAL411" account,
where you can save your favorite business profiles, receive discount
offerings or other information from SOCAL411, or save your consumer
reviews. You may also be required to register with SOCAL411 if you want to
post consumer reviews of certain events, movies, or businesses in your
community. You may also be required to register to receive newsletters
with local event information from SOCAL411. SOCAL411's use of any personal
information that you provide to SOCAL411 during any registration
process is governed by SOCAL411's
privacy policy.
My SOCAL411 Account
If you register for a "My SOCAL411" account, you will be allowed to save
and personalize SOCAL411 content, receive and view offers from businesses
listed on the SOCAL411 system, and post ratings and reviews about SOCAL411
businesses and other user reviews. By having a "My SOCAL411" account with
SOCAL411, you agree to take full responsibility for maintaining the
confidentiality of your account user name, password, and all related
activity that occurs under your account user name. If you violate these
Terms, SOCAL411 may, at its sole discretion, terminate your accounts,
remove or modify any account-related content or access (including, but not
limited to, reviews, newsletters, and user profile information), or take
any other action that SOCAL411 believes is appropriate.
Posting Reviews on SOCAL411
SOCAL411 reserves the right, but not the obligation, to refuse to post or
to remove any Review if it contains or features any of the following:
- Unacceptable Content:
We reserve the right, but not the obligation, to refuse to post or to
remove any Review if it contains or features any of the following:
- Offensive language, including harmful or
abusive language, expletives or profanities, obscenities, or hate
speech, or harassing, vulgar, or sexually explicit language;
- References to illegal activity;
- Content that contains personal attacks;
- Personal information, such as phone numbers,
mailing addresses, e-mail addresses, personal Web sites, etc.;
- Messages that are clearly advertising or
commercial in nature and do not specifically relate to the subject at
hand;
- Content other than text, such as photos,
sound, or other images;
- Content determined by SOCAL411 to be illegal
or to violate any federal, state, or local law or regulation or the
rights of any other person or entity;
- Content that is not in English; that is
encrypted; or that contains any viruses, Trojan horses, worms, time
bombs, cancelbots, or other computer programming routines that are
intended to damage, interfere with, intercept, or appropriate any
system, data, or personal information; or
- Content that violates the standards of good
taste or the standards of this Web site, as determined by SOCAL411 in
its sole discretion.
- Reviews are not endorsed by SOCAL411
Reviews do not reflect the views of SOCAL411; its parent, subsidiary or
affiliated companies; or its employees, officers, directors, or
shareholders.
SOCAL411 does not assume responsibility or liability for any Review or
for any claims, damages, or losses resulting from any use of the Service
or the materials contained therein.
- Reviews are owned by SOCAL411
Reviews that are submitted to SOCAL411 shall be owned exclusively and in
perpetuity by SOCAL411. Such exclusive ownership means that SOCAL411,
its parent, subsidiary, and/or affiliated companies have the
unrestricted, perpetual, and exclusive right to use, reproduce, modify,
translate, transmit, and distribute any and all materials and
communications regarding and including submitted Reviews. SOCAL411 is
under no obligation to give credit or pay any consideration to you for
your Reviews.
- Contact Us
If you see objectionable content or have any questions about these Terms
of Service, please contact SOCAL411 at
http://help.socal411.com/general/abuse/.
Links and Search Results
The Service may automatically produce search results that reference or
link to third-party sites throughout the World Wide Web. SOCAL411 has no
control over these sites or the content within them. SOCAL411 cannot
guarantee, represent, or warrant that the content contained in these sites
is accurate, legal, and/or inoffensive. SOCAL411 does not endorse the
content of any third-party site, nor do we warrant that it will not
contain viruses or otherwise impact your computer. By using the Service to
search for or link to another site, you agree and understand that you may
not make any claim against SOCAL411 for any damages or losses, whatsoever,
resulting from your use of the Service to obtain search results or to link
to another site. If you have a problem with a link from the Service,
please notify SOCAL411 at
http://help.socal411.com/general/abuse/, and SOCAL411 will investigate
your claim and take any actions SOCAL411 deems appropriate at our sole
discretion.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that SOCAL411 shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
Offline Conduct
Although SOCAL411 cannot monitor the conduct of its users off the Service,
it is a violation of these rules to use any information obtained from this
Service in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any user without his/her prior
explicit consent.
SOCAL411’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by SOCAL411 or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
SOCAL411 grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by SOCAL411 for use in accessing
the Service.
Notice
SOCAL411 may provide you with notices, including those regarding changes
to the Terms, by either email, regular mail, or postings on the Service.
Access and Interference
You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our Web pages or the content
contained thereon or for any other unauthorized purpose without our prior
expressed written permission. You agree that you will not use any device,
software, or routine to interfere or attempt to interfere with the proper
working of the Service. You agree that you will not copy, reproduce,
alter, modify, create derivative works from, or publicly display any
content (except for your own personal, non-commercial use) from our Web
site without the prior expressed written permission of SOCAL411.
Unauthorized Use of the Service
Illegal and/or unauthorized uses of the Service, including, but not
limited to, unauthorized framing of or linking to the Service or
unauthorized use of any robot, spider, or other automated device on the
Service, will be investigated and subject to appropriate legal action,
including, without limitation, civil, criminal, and injunctive redress.
Children
You may not use the Service if you are under thirteen (13) years of age.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to
SOCAL411 for violations of these Terms of Service and you consent to
injunctive or other equitable relief for such violations.
DISCLAIMERS
SOCAL411 DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE
SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE
DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SOCAL411 CANNOT ENSURE
THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR
CONTAMINATION OR DESTRUCTIVE FEATURES. SOCAL411 DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SOCAL411 WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL
DAMAGES.
SOCAL411 disclaims any and all liability for the
acts, omissions, and conduct of any third-party users, SOCAL411 users,
advertisers, and/or sponsors on the Service, in connection with the
Service, or otherwise related to your use of the Service. SOCAL411 is not
responsible for the products, services, actions, or failure to act of any
third party in connection with or referenced on the Service. Without
limiting the foregoing, you may report the misconduct of users and/or
third-party advertisers or service and/or product providers referenced on
or included in the Service to SOCAL411 at
http://help.socal411.com/general/abuse/. SOCAL411 may investigate the
claim and take appropriate action, at its sole discretion.
LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT
WILL SOCAL411 BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF
SOCAL411 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify and hold SOCAL411, its subsidiaries, affiliates,
officers, agents, and other partners and employees harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Service,
including your use of the Service to provide a link to another site or to
upload content or other information to the Service.
GENERAL INFORMATION
Entire Agreement. The Terms constitute the entire agreement between
you and SOCAL411 and govern your use of the Service, superceding any prior
agreements between you and SOCAL411. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other
SOCAL411 services, affiliate services, third-party content or third-party
software.
Choice of Law and Forum. The Terms and the
relationship between you and SOCAL411 shall be governed by the laws of the
State of California without regard to its conflict of law provisions. You
agree to personal and exclusive jurisdiction by and venue in the courts
located within the county of Los Angeles, California.
Waiver and Severability of Terms. The
failure of SOCAL411 to exercise or enforce any right or provision of the
Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and
the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the Terms must
be filed within one (1) year after such claim or cause of action arose (or
if multiple causes, from the date the first such cause arose) or be
forever barred.
The section titles in the Terms are for
convenience only and have no legal or contractual effect.
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