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TERMS OF WEB SITE USE AND REGISTRATION AGREEMENT


Welcome to your local 247.com ("Web Site"). This community portal is provided to you by User-Friendly Phone Book, LLC ("User-Friendly"). User-Friendly provides information such as news data, related features, advertisements and web-based resources or Services (Services) that are accessed on this Web Site or by other methods. User-Friendly provides these Services subject to the following general Terms and Conditions set forth herein ("Terms of Use"), which constitute a legally binding agreement, between User-Friendly and you regarding the terms on which User-Friendly offers you access to its Services. The Terms of Use may be updated at any time by updating this page without your notification. By continuing to use the Services after updates are posted, you accept this agreement as modified. You assume sole responsibility for reviewing the most recent Terms of Use as stated on this web page. Various provided Services may also have specific terms of service, rules or guidelines which are hereby incorporated into these general Terms of Service and to which you agree to be bound to use those Services. User-Friendly reserves the right to deny access to this Web Site or any Services provided via this Web Site, to any one who violates the Terms of Use or who, in our judgment, interferes or infringes the rights of others.


PLEASE REVIEW THE TERMS OF USE. THE TERMS OF USE ARE A BINDING CONTRACT BETWEEN YOU AND USER-FRIENDLY. BY ACCESSING AND USING THIS WEB SITE, YOU AGREE TO BE BOUND BY EACH OF THE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS. BY USING THIS SITE AND/OR ITS SERVICES YOU HEREBY AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, PLEASE DISCONTINUE USE OF THE WEB SITE AS YOU ARE NOT AUTHORIZED TO ACCESS OR UTILIZE FOR ANY PURPOSE.


Acceptance of Terms of Use.

By using this Web Site you voluntarily, explicitly and willfully agree to be bound by the Terms of Use. You represent that you are of legal age to form a binding contract and have not been legally restrained from receiving the Web Site's Services under the laws of the United States.


Registration and Privacy.

To obtain access to certain Services on this Web Site you may be given an opportunity to register. Should you register on this Web Site, you agree that you are at least 18 years of age and that the information you supply during the registration process is accurate and current information about yourself and that you will maintain the accuracy should the information provided change. You agree that you will not register under the name of nor attempt to enter the service under the name of another individual or entity.

You understand and agree to provide consent so that User-Friendly may access, archive, and disclose your registration information if required by law or in good faith belief that the disclosure is reasonably necessary to enforce the Terms of Use, to comply with a legal process, to respond that information violates third party-rights, or to protect the rights, property, or personal safety of this Web Site's users and the public.

Upon registering you will be provided with a login name and password. User-Friendly reserves the right to reject or terminate any user name that, in our judgment, we deem offensive. You are responsible for preserving the privacy and confidentiality of this password and assume responsibility for the use of the Services and all activities that occur under your login. You agree to immediately notify User-Friendly of any known or suspected unauthorized use on your account.

The privacy of your personal information is a serious concern of User-Friendly and we respect the privacy of visitors to our site and all registration information and use thereof shall be reasonably safeguarded and the use thereof shall be governed by our Privacy Policy. The Privacy Policy governs the use and collection of information from you by User-Friendly through your use of this Web Site. The Privacy Policy does not apply to any information you may provide to us through other means. Please read the Privacy Policy carefully so that you understand our online privacy practices. By visiting this site, you agree that your visit, and any dispute over our online privacy practices, is governed by this Privacy Policy, our Terms of Use and Internet Abuse Policy.


User Responsibilities and Privileges.

You understand and agree that you are solely responsible for your own content, data, graphics, messages transmitted, or other materials and/or Services used on this Web Site. You are entirely responsible for all information whether publicly posted or privately transmitted using the Services and assume all responsibility for any consequences thereof related to your actions using the Services. User-Friendly does not control the information posted or transmitted by users of the Services and thus cannot guarantee the quality or accuracy of such information. You understand and agree that by using the service you may be exposed to objectionable or indecent information. User-Friendly under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. You agree to use this Web Site only to post materials that are legal, proper, somehow related to the purposes of this community portal. By way of example, and not as a limitation, you agree that when using this Web Site, you will not:

  • Harm children is any way;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter "Post") any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
  • Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
  • Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another's computer software, hardware or telecommunications equipment;
  • Post or transmit spam, "chain letters," "junk mail," promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted or transmitted;
  • Restrict or inhibit any other user from using and enjoying the use of the site and its Services;
  • Collect or store personal data about other users;
  • Hack into any part of the Web Site, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance/disrupt/interfere with the delivery of the Services, servers, or network infrastructure; Encourage, glorify or commit a criminal offense;
  • Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever.

You agree that User-Friendly may, given certain circumstances and without prior notification terminate all Membership privileges. Cause for termination shall include, but not be limited to:

  • Violations of these Terms of Use and/or the Privacy Policy and Internet Abuse Policy;
  • User-initiated request;
  • Extended periods of account inactivity;
  • Repetitive returned emails from a therefore assumed inactive account;
  • Unforeseeable technical difficulties or issues;
  • Law enforcement requests

Registered users of The Web Site agree to maintain an active email account to receive communications from User-Friendly regarding site updates, administrative messages, other registered user related messages, and Web Site announcements.


Restrictions on Your Use and Intellectual Property Rights.

User-Friendly authorizes you to view the Material on the Web Site solely for your personal, non-commercial use. The Web Site, the Service, software and all the content, data and information on this site belong to User-Friendly, its partners, affiliates, contributors or third parties (collectively "Third Party Providers") and may be protected by U.S. and international copyright, trademark, intellectual property and other laws and belong to User-Friendly and its Third Party Providers. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose whatsoever without the written permission of User-Friendly. If you violate any of these terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.


Content provided by the Associated Press such as data, text, photos, graphics, audio and/or video material, stories and articles, shall not be published, broadcast, rewritten or redistributed directly or indirectly in any medium and may not be stored in a computer except for personal and non-commercial use. The Associated Press will not be liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising there from.


You may post, transmit or submit messages and other materials to social networking sites or other public areas within, or in connection with, the Web Site. However, you are solely responsible for User Content and User-Friendly accepts no responsibility or liability in connection with or arising from such User Content. Furthermore, you agree to follow and abide by all social networking site privacy policies, terms and conditions and/or rules and regulations associated with the social networks and public areas.


User-Friendly does not claim ownership to your posting or submission to the Web Site for posting of your Materials on the site. However, for this information that is publicly displayed on the site, you grant User-Friendly a world-wide, royalty free, non-exclusive, irrevocable, perpetual license to use, modify, distribute, reproduce, publish, and publicly display such information in whole or in part, and to incorporate said information into other works on current or future formats and mediums. This license shall exist until the removal of the Material from the site by either party.


Contesting.

Contests, sweepstakes, games and their components are offered for informational and/or entertainment purposes only and may not be used in connection with any illegal activities including but not limited to gambling and wagering. User-Friendly and any third parties used to provide the contests, sweepstakes and games neither warrant or make any representations of any kind with respect to the information provided to you for use with contests, sweepstakes and games. Neither User-Friendly nor any of its providers or third parties shall be responsible or liable for the accuracy, usefulness, results or availability of any information transmitted or made available, and shall not be responsible or liable for any error or omissions of information. All contests, sweepstakes and/or game entries are done at your own risk. User-Friendly has the right to modify or discontinue, temporarily or permanently, any contest, sweepstake or game, whether in whole or in part for any reason, with or without notice to you. You agree that User-Friendly will not be liable to you or to any third party for any result, modification and/or discontinuance. User-Friendly does not represent, warrant, guarantee nor is liable for any particular result and/or award.


User Representation and Warranty.

Upon submission of material, you represent that you have the absolute and unrestricted right and authority to use any and all material including but not limited to; names, addresses, trademarks, copyrighted materials, trade names, service marks and grant User-Friendly including our Third Party Providers, the absolute right and license to copy, reproduce, modify and distribute any of the material as we see fit in any medium for any purpose.


You also agree that User-Friendly, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.


You agree to refrain from framing or in-line linking any of the content of this Web Site or incorporate into another website or other service.


Disclaimer and Web Site Warranties.

This Web Site and materials contained therein are provided on an "As Is" basis. User-Friendly works hard to make this Web Site a useful portal but does not and cannot guarantee that our users will always find everything to their liking. All material available through this Web Site is for information purposes only. You may only use the material and Services for your personal and non-commercial uses. We try to ensure that information we post to this site is both timely and accurate, and that the Services offered are reliable. Please be advised that if you rely on any information or service available through this Web Site, you do so at your own risk. You are solely responsible for any damage or loss you may incur that result from your use of any service or any material and/or data downloaded from or otherwise provided through this Web Site.


User-Friendly neither warrants that the Web Site will operate without error or that the Web Site and its server are free of computer viruses or other harmful code. User-Friendly is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Web Site. User-Friendly contains materials provided by third parties, and will likewise not be held responsible for any such third party material.


User-Friendly does not control the information or content posted or transmitted by users, registered users and our Third Party Providers and assumes no obligation to monitor third party information and transmissions. User-Friendly does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information posted by third parties or endorse any opinions expressed by them.


User-Friendly is not responsible for nor cannot guarantee the quality, safety or performance of goods and services provided by our advertisers or by others who advertise on sites that we link to. A business listing on our site does not constitute our endorsement of the business featured in the listing or of any product, service or other material offered through such business. Similarly, a link to another website does not constitute our endorsement of that site or of any product, service or other material advertised on or offered through such site.


International Disclaimer.

User-Friendly makes no claims that the material presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Web Site outside of the United States, you are responsible for compliance with the laws of your jurisdiction as well as our local laws.


Warranty and Limitation of Liability.

THIS WEB SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED TO YOU ON A AS-IS WHERE-IS AS-AVAILABLE BASIS. USER-FRIENDLY AND OUR THIRD PARTY PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTIBILITY FOR A PARTICULAR PURPOSE, FITNESS, OR MERCHANTABILITY FOR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSED OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


IN NO EVENT SHALL USER-FRIENDLY OR OUR THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THIS WEB SITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE INCLUDING BUT NOT LIMITED TO;

  • ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN.
  • ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THIS WEB SITE.
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
  • STATEMENTS OR CONDUC OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE OR
  • ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVCIE EVEN IF USER-FRIENDLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, USER-FRIENDLY'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.


Indemnification.

You agree that you are personally responsible for your behavior and actions on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless User-Friendly, our Third Party Providers, licensors, employees and agents from and against all claims, losses, expenses, damages and costs (including but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the Web Site or the Services or your use of the content, any violation by you of this Agreement or any activity related to your user account by you or any other person accessing the Web Site or Service through your user account.


Copyright Infringement.

Posting communications on or through the Web Site automatically grants User-Friendly a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the information alone or as part of other works in any form, media or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.


User-Friendly may and at its sole discretion, remove or disable access to material on the Web Site that infringes on the rights of others. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our Web Site, please provide written notification by e-mail or regular mail that includes the following information: (1) the signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) a description of or actual page link to where the material in question is located on the website; (4) your mailing address, telephone number and email address; (5) a statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by your, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


For purposes of notice User-Friendly's address is as follows:
User-Friendly Phone Book- 247.com online administrator
10200 Grogan's Mill Road, STE 440
The Woodlands, TX 77380
Phone: 281-465-5400
Fax:281-465-5462


Entire Agreement.

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by User-Friendly of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.


Severability.

If any provision of the Terms of Use is for any reason held to violate any applicable law, governmental rule, or regulation, or if the Terms of Use is held to be unenforceable or unconscionable, the invalidity of that specific provision shall not invalidate the remainder of these Terms. All other provisions and the entirety of the Terms of Use shall remain in full force and effect.


Choice of Law and Venue.

These Terms of Use between you and User-Friendly hereunder shall be governed as to validity, interpretation, enforcement and effect by the laws of the State of Texas and shall be binding on and inure to the benefit of User-Friendly and you and upon their respective heirs, personal representatives, successors and assigns. In addition, these Terms of Use shall be deemed to have been made, accepted, performable and all amounts payable to User-Friendly's P.O. Box 131929 in The Woodlands, Texas 77393. Each party to this Agreement hereby irrevocably submits to the jurisdiction of the courts located in The Woodlands, Montgomery County, Texas and agrees that the exclusive venue of any legal action arising out of this Agreement shall be in Montgomery County, Texas.


General Contact Information.

For any questions about these Terms of Use, the practices of this Web Site, or your dealings with this Web Site, you may contact us by: sending an email request to webadmin@golocal247.com or sending a letter via U.S. Mail to:


User-Friendly Phone Book
ATTN: GoLocal247.com Site Administrator
10200 Grogan's Mill Road, STE 440
The Woodlands, TX 77380

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