The Following is our User Agreement
Last Updated on 11/25/2017
We reserve the right to modify and/or remove any ads, posts, comments, reviews, listings, users or members in violation of our terms of service (T.O.S.), rules, guidelines and/or local and federal laws, all are subject to being modified or removed immediately, without prior notice & without refund.
By using our website(s), you agree to the following statement:
I agree that I will be solely responsible for the content of anything that I post or cause to be posted on our website(s) and that I will not hold Emerald Coast Publishing llc., countybusinessguide.com or any of their owners, agents, employees or representatives (Hereafter collectively referred to as “E.C.P.”) responsible or liable for any losses or damages to myself or to others that may result directly or indirectly from anything that I post or cause to be posted on its website(s).
Rules & Guidelines
By using our website(s), you further agree to the following:
- No foul or otherwise inappropriate language will be tolerated. ads, posts, comments, reviews, listings, users or members in violation of this rule are subject to being modified and/or removed immediately and without warning. If it was a paid ad, no refunds will be issued.
- No racist, hateful,or discriminatory ads, posts, comments, reviews, or listings will be tolerated.
- No promoting of activities, services or items that are illegal under the current laws of the United States of America and/or the City, County, Parish and/or State of your legal residence and/or the City, County, Parish and/or State to which the post is being made. You will be solely responsible for the content & legality or your own posts or posts caused by you
- Any and all rules and or guidelines in the user agreement, as well as in the individual categories, sections and elsewhere on the website(s) is or will be, agreed to and followed before posting.
- Any post that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal.
- Any act or attempt of deception or deceptive practices or circumvention of the guidelines, rules, laws, or security or identity may result in the banning, blocking and or removal of your posts, accounts, IP address etc.
- We cooperate fully with all applicable governing laws and regulations and will cooperate fully in regards to any all information about you upon proper legal request & requirements.
- We reserve the ultimate discretion as to which posts, if any, are in violation of our guidelines and/or rules.
- If a review or comment is disputed, or at the discretion of E.C.P., an attempt will be made to contact the “poster” to validate or verify the post, in the event that the post cannot be validated or verified, or if the “poster” is non-responsive or can not be reached, or if it is determined that the post is not genuine or unique in its nature, then the post will be removed
- You hereby grant permission to E.C.P. to use your email address and your other personal information in order contact you in regards to its business and or website(s)
Terms of Service (T.O.S.)
The following is the terms and conditions for our website(s) Please read it carefully.
Our website(s) are operated by E.C.P.. None of the website(s) content, posts, emails, or communications should be construed as a recommendation or solicitation for any product or service. All contents of the website(s) are provided for information and educational purposes only. While information and commentary provided or referenced, comes from sources believed to be reliable, this cannot be guaranteed. Your decisions are solely your responsibility. By using our website(s) you agree that you have read, understood and agree to be legally bound by the terms of the following disclaimer and user T.O.S:
This Agreement contains, an agreement to arbitrate all claims and disclaimers of warranties and liability.
Scope of Agreement
Under this agreement, E.C.P. provides online information to its users and members globally. By using its website(s), you in turn agree to be bound by this Agreement. We reserve the right to change this Agreement and/or our services at any time.
Scope of Service
All contents of the website(s) are provided for information and educational purposes only. You agree that none of the website(s) content should be interpreted as advice, as or an endorsement of any kind. We are a publicly available service that provides general information to our users and members. We encourage all users and members to use the information on the website(s) as a resource only to further their own research. Commentary and data comprising the website(s) are for informational and educational purposes only and are provided without warranty of any kind. In no event will E.C.P. be responsible or liable for any direct, indirect, consequential, or incidental damages arising out of any decision made or action taken by you in reliance on the content of the website(s), whether or not caused in whole or part by our negligence.
All content of the website(s) is obtained from sources believed to be accurate and reliable. Although we attempt to thoroughly research the information we provide herein, there are no guarantees in accuracy. The information presented on the site has been gathered and provided by various sources and members believed to be providing correct information. E.C.P. is not responsible for errors, omissions, representations or misrepresentations on our website(s).
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR THE FITNESS FOR ANY PURPOSE, THE INFORMATION AVAILABLE ON THESE WEBSITE(S).
Our website(s) and their services may contain links to other websites belonging to E.C.P.s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by E.C.P., of those websites, nor the products or services listed on those websites. E.C.P. is not responsible for content found on any linked sites and cannot attest to the accuracy, reliability, or appropriateness of any such content, or be held in any way responsible or liable for it.
Our website(s) will contain ads, posts, comments, reviews, listings and other material contributed by groups, companies & individuals. These views are exclusively their own and do not necessarily represent the views of the E.C.P.. The linked sites are not under our control and we are not responsible nor liable for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
DISCLAIMER OF ANY WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE(S) IS AT YOUR SOLE RISK AND IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. E.C.P., MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH E.C.P.. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE(S) AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH E.C.P. OR ITS WEBSITE(S) IS AT YOUR SOLE RISK.
E.C.P. DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH ITS WEBSITE(S), NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH ITS WEBSITE(S). IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR WEBSITE(S), E.C.P. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR WEBSITE(S) IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
LIMITATION OF LIABILITY
E.C.P. SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF YOUR USE OR RELIANCE ON ANY OF THE INFORMATION OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE(S), WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT E.C.P. AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Indemnification; Governing Law; Jurisdiction
You agree to defend, indemnify, and hold E.C.P. harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including attorney fees) in connection with or rising from your breach of this Agreement.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of Alabama, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Alabama. You and Emerald Coast Publishing LLC/Countybusinessguide.com shall select the arbitrator, and if agreement on the selection of an arbitrator cannot be reached within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Emerald Coast Publishing LLC/Countybusinessguide.com and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Emerald Coast Publishing LLC/Countybusinessguide.com be entitled to punitive damages and both you and Emerald Coast Publishing LLC/Countybusinessguide.com hereby waive any rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
Thank you for your cooperation & understanding .