Terms of Use

TERMS OF USE

The submission of information to, and use of, the business posting service ("Service") available through the LocalBOP^TM Media web site (located at http://www.localbop.com) is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and LocalBOP^TM Media ("Localbop Media" or the "Company").

If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: LocalBOP^TM Media, 175 East, 400 South ,Suite 610, Salt Lake City, UT. 84104. Company may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the LocalBOP^TM Media website.

Company Communication

Company utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby acknowledges and grants Company permission to communicate with customer via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers. Company assures customer that under no circumstances will it knowingly share personal and/or email information with any third party.

Customer Privileges

Customer privileges are granted by Company to individuals exclusively and are granted specifically to the registered member only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Company. Company requires that each registered user maintain a valid email address or Member ID and a password, which shall be utilized for logging on to the LocalBOP^TM Media website. Customers are not permitted to share their individual logon information with others. Company has the right to deny service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the LocalBOP^TM Media service.

Submission and Administration of Listings

Customer agrees not to submit any business descriptions, photographs, financial, contact or other information contained in each business's data to LocalBOP^TM Media unless Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business on the Customer's website or on the LocalBOP^TM Media website. When you post any information to the LocalBOP^TM Media website, located at www.localbop.com and any extensions of this site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable through multiple tiers, worldwide right to use, copy, display, promote, perform, publicly perform, publicly display, and distribute such information and to create derivative works of, or incorporate into other works, such information and to grant and authorize sublicenses thereof.

Customer agrees not to submit any image to LocalBOP^TM Media which contains inappropriate content. The Company may, in its sole discretion but without any obligation to search for such, remove a business posting or listing ("Listing") that is alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted businesses or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the LocalBOP^TM Media website. The Company shall have the sole authority to choose the manner in which any Business will be searched, displayed, accessed, downloaded, copied, and otherwise used on the LocalBOP^TM Media website and Company shall have the right to modify the business listing in the exercise of its rights under this Agreement. Customer (a) represents and warrants that all Businesses and associated information provided by Customer will be accurate; (b) agrees that Customer will not permit the posting of a business on the LocalBOP^TM Media system under a name other than the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Listings provided by Customer and maintain their accuracy at all times. Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Listings posted on the LocalBOP^TM Media website. Company accepts no responsibility for checking the accuracy of reports or data files submitted by Customer. While Company shall take all reasonable efforts for data backup and business resumption, Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to LocalBOP^TM Media.

Eligibility

You must be at least 18 (eighteen) years of age and be able to form legally binding contracts to use the web pages, resources, features, and services available from the domain and subdomains of www.localbop.com or the Service. You hereby represent and warrant that you are at least 18 years of age, that you have the right, capacity, and authority to form legally binding contracts, and that you will use the Service only in a manner that is consistent with its intended use and with all laws, regulations, and LocalBOP^TM Media policies.

Customer Information

By registering with the Company on www.localbop.com, you must provide certain information about yourself to the Company so that other users of the Service may view details of your profile. This information includes, but is not limited to, your name, e-mail address, your age, background, career information, resume and financial status. You agree to provide true, accurate, complete, and current information as not to deceive and beguile other users with false information. If you provide any information that the Company suspects or knows to be, untrue, inaccurate, or incomplete, Company has the right to suspend and terminate your account or take any other legal action necessary to protect the integrity of the Service and the Company.

Use of Information

Customer agrees to treat all information obtained from the Service, including information on other users, business opportunity postings, business listings, directories, reports, forums, any other information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to Company. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. Customers violating these specific terms will be subject to legal action.

Payment & Billing Terms

Customer agrees to pay for all services or products ordered through the LocalBOP^TM Media web site and provides Company express authorization to charge said fees directly or to Customers payment provider. Fees vary depending on the level of service as well as the type of advertisement used on the site and for the Service. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Fees paid for business postings and listings and other products are not refundable. No partial month refunds will be provided. Customer may cancel their membership at any time by supplying a written authorization to LocalBOP^TM Media. All cancellation requests will be processed within two (2) weeks, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. Company reserves the right to change its fees or billing methods at any time. Company will provide timely notice to the affected Customers of any such changes. It is Customer's responsibility to update their billing information and/or promptly provide Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.) so that Company may direct Customer on how to change billing information. Your membership subscription and any and all upgraded paid ads will automatically be extended for successive renewal periods of the same duration as the subscription term that you initially selected, at the then-current non-promotional subscription rate. To make changes to your subscription or to cancel your subscription, you must follow the procedures outlined in this Agreement.

Unsolicited Email

Company prohibits the use of our system or its tools to generate or send unsolicited email. Customers may not use the email services that Company offers to send spam (i.e. unsolicited email) or otherwise send content that would violate these Terms and Conditions. Company has the right to revoke the privileges of any customer or company that breaches these terms.

Ownership and License Grant

Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the LocalBOP^TM Media Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Company's technology or delete or alter author attributes or copyright notices. Customer shall use the LocalBOP^TM Media system solely for their own use and shall not allow others to use the LocalBOP^TM Media system under or through that Customer's login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and Company's entire liability under this Agreement shall be a refund to Customer of the fees paid to Company hereunder, and in no event will Company's liability for any reason exceed such fee. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify Company (and Company's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.

Warranty Disclaimers

THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Third Party Links

This web site may contain hyperlinks to other web sites operated by parties other than Company which are beyond Company's control. Parties other than Company may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use LocalBOP^TM Media's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off of the LocalBOP^TM Media site. Company does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Company does not assume any liability for the actions, product, or content of any of these and any other third parties. Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the LocalBOP^TM Media site, the site you will land on is not controlled by Company and different terms of use and privacy statements may apply. Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Jurisdiction

This Agreement, and the Deliverables provided by Company shall be governed by the laws of the State of Utah, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Salt Lake County, Utah. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

Indentification

You agree to indemnify and hold LocalBOP^TM Media and its subsidiaries, affiliates, directors, officers, agents, employees, licensors, and partners, harmless from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of your use of the Service, information you submit, post, transmit, or otherwise make available through the Service, your violation of this Agreement, or your violation of any rights of another party.

International Use

The Service of LocalBOP^TM Media is designed and intended only for use in the United States by residents of the United States. Although the Service offers users the ability to upload information from foreign countries, we make no representation that any content or information on any LocalBOP^TM Media website is appropriate or available for use in locations outside of the United States, and accessing any LocalBOP^TM Media site from territories or locations where the information of the LocalBOP^TM Media Service is illegal is prohibited. If you choose to access any LocalBOP^TM Media site from outside of the United States, you do soon your own initiative and you are responsible for compliance with all local laws.