Terms and Conditions of Services and Advertising Business Members Agreement
Terms and Conditions
1. Introduction to Terms and Conditions of Service:
1.0 All users of meetlocalbiz.com shall be subject to and agree unconditionally to the terms and conditions, hereinafter referred to as "unconditional terms of service", "terms of service", "additional terms of service" and "terms". If you do not agree with these terms and conditions, please refrain from using this Site and its Services. The right to use this Site is not transferable to any other person or entity.
1.1 Your use of meetlocalbiz.com services, members and affiliates web sites (referred to collectively as the “Services” in this agreement and excluding any services provided to you by meetlocalbiz.com under a separate written agreement) is subject to the terms of the legal agreement between you and meetlocalbiz.com whose primary place of business is located at 9691 Gerwig Lane, Suite F, Columbia, MD 21046, United States. These terms of service describe not only your relationship with meetlocalbiz.com, but outlines and implies a hold harmless, non-compete and non-circumvention between meetlocalbiz.com and its user both as a consumer and a member.
1.2 Unless otherwise agreed in writing with meetlocalbiz.com, any agreement you have with meetlocalbiz.com will always include the terms and conditions set out in this document.
1.3 Your agreement with meetlocalbiz.com may also include the terms of any Legal Notices applicable to the Services, in addition to the Unconditional Terms of Service, and shall be referred to below as “Additional Terms of Service”. Where Additional Terms of Service apply to a Service, they will be accessible for you to read herein or through your use of that Service.
1.4 The Unconditional Terms of Service, together with the Additional Terms of Service form a legally binding agreement between you and meetlocalbiz.com in relation to your use of the website, directory and any and all services. It is important that you take the time to read them carefully. The Unconditional Terms Of Service and Additional Terms Of Service shall be hereinafter referred to as "Terms."
1.5 If there is any contradiction between the Additional Terms of Service and the Unconditional Terms of Service, the Additional Terms of Service shall take precedence.
1.6 Services herein defined shall include all information, advertisement, advice, direction and/or all service providing to you in accordance with the "Terms."
2. Acceptance of Terms:
2.1 In order to use the Directory and Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 Acceptance of Terms is accomplished as follows:
(A) Clicking to accept or agree to the Terms, where this option is made available to you by meetlocalbiz.com in the user interface for any Service; or
(B) By actually visiting and using the Services and Site. In this case, you understand and agree that meetlocalbiz.com will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services nor accept the Terms if: (A) you are not of legal age to form a binding contract with meetlocalbiz.com, or (B) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a copy of these Terms for your records.
3. Language of the Terms
3.1 Where meetlocalbiz.com has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with meetlocalbiz.com.
3.2 If there is any contradiction between what the English language version of the Terms state and what a translation may imply, then the English language version shall take precedence.
4. Regard to the Services by meetlocalbiz.com
4.1 In regard to meetlocalbiz.com subsidiaries and affiliates around the world (“Subsidiaries and Affiliates”), if / when these companies provide Services to you on behalf of meetlocalbiz.com itself, the terms include your acknowledgement and agreement that the Subsidiaries and Affiliates are entitled to provide the Services to you.
4.2 Meetlocalbiz.com is constantly innovating in order to provide the best possible experience for its users. You herein acknowledge that the form and nature of the Services which meetlocalbiz.com provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge that meetlocalbiz.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at the meetlocalbiz.com sole discretion, without prior notice. You may stop using the Services at any time and, you do not need to specifically inform meetlocalbiz.com when you stop using the Services; however, all Terms agreed herein remain in full force and in effect. As a Member, your participation is bound to your advertising agreement with meetlocalbiz.com and the terms; however, all Terms agreed herein remain in full force and in effect even after advertising agreement is no longer in affect.
4.4 If meetlocalbiz.com disables access to your account, you may be prevented from accessing the Services, your account details, and/or any files or other content which is contained in your account. Meetlocalbiz.com is not obligated to release any of your Member information once your account is disabled.
4.5 While meetlocalbiz.com may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the providing of any Service, such limits may be set by meetlocalbiz.com at any time; at the sole discretion of meetlocalbiz.com.
5. Use of the Services:
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. Any registration information you give to meetlocalbiz.com will always be accurate, correct and up to date.
5.2 The use of the Services shall only be for purposes that are permitted by (A) the Terms and (B) any applicable law, regulation or generally accepted practice or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries).
5.3 You shall not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by meetlocalbiz.com unless you have been specifically allowed to do so in a separate agreement with meetlocalbiz.com. You specifically shall not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall comply with the instructions set out in any robots.txt file present on the Services.
5.4 You will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
5.5 Unless you have been specifically permitted to do so in a separate agreement with meetlocalbiz.com, you shall not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You are solely responsible for any breach of your obligations under the Terms and shall indemnify and hold meetlocalbiz.com harmless from any damages or losses that arise from your breech of the "terms" to include but not limit too any and all damages to or losses by meetlocalbiz.com, its affiliates and/or subsidiaries, all court costs and expenses, all reasonable attorney fees incurred by meetlocalbiz.com, ect.
6. Your passwords and account security:
6.1 You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 You will be solely responsible to meetlocalbiz.com for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify meetlocalbiz.com immediately at sales@meetlocalbiz.com.
7. Privacy and your personal information:
7.1 For information about meetlocalbiz.com data protection practices, please read meetlocalbiz.com privacy policy at http://www.meetlocalbiz.com/privacy.html. This policy explains how meetlocalbiz.com treats your personal information, and protects your privacy when you use the Services.
7.2 You agree to the use of your data in accordance with meetlocalbiz.com privacy policies.
8. Content in the Services:
8.1 All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of or through your use of the Services are the sole responsibility of the person from which such content originated. All such information is referred herein as the “Content”.
8.2 (Note: Content presented to you as part of Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors, advertisers or others who provide that Content to meetlocalbiz.com). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically authorized in writing that you may do so by meetlocalbiz.com or by the owners of that Content.
8.3 meetlocalbiz.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, meetlocalbiz.com may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You are solely responsible for any Content that you create, transmit or display while using the Services. Any and all consequences of your actions to include any loss or damage which meetlocalbiz.com may suffer shall subject you to indemnity and hold meetlocalbiz.com, it's affiliates and associates from any and all losses arising therefrom and too include all reasonable attorney fees.
9. Proprietary rights:
9.1 Meetlocalbiz.com (or meetlocalbiz.com’s Members) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not). Further Services may contain information which is designated confidential by meetlocalbiz.com and you shall not disclose such information without meetlocalbiz.com prior written consent.
9.2 Unless you have agreed otherwise in writing with meetlocalbiz.com, nothing in the Terms gives you a right to use any of meetlocalbiz.com trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with meetlocalbiz.com, then you agree that your use of such features shall be in compliance with that agreement.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5 Unless you have been expressly authorized to do so in writing by meetlocalbiz.com, when using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from meetlocalbiz.com:
10.1 Meetlocalbiz.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by meetlocalbiz.com as part of the Services provided to you by meetlocalbiz.com (referred to as the “License” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by meetlocalbiz.com, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly required by law, and you have been specifically authorized to do so by meetlocalbiz.com, in writing.
10.3 Unless meetlocalbiz.com has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you:
11.1 You retain any copyright and/or any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give meetlocalbiz.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and/or distribute any Content which you submit, post or display on or through, the Services and/or other websites (owned or not owned by meetlocalbiz.com). This license is for the sole purpose of enabling meetlocalbiz.com to display, distribute and/or promote the Services.
11.2 This license includes a right for meetlocalbiz.com to make such Content available to other companies, organizations or individuals with whom meetlocalbiz.com has relationships for the providing of similar services, and to use such Content in connection with those services.
11.3 Meetlocalbiz.com in performing the required technical steps to provide the Services to users may do the following (A) transmit or distribute your Content over various public networks and in various media; (B) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
11.4 You confirm and warrant to meetlocalbiz.com that you have all the rights, power and authority necessary to grant the above license.
src="/admin/_js/tiny_mce/themes/advanced/langs/en.js" type="text/javascript"> > 12. Software updates:
12.1 The Software which you use may automatically download and install updates from time to time from meetlocalbiz.com. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You shall agree to receive such updates and permit meetlocalbiz.com to deliver these to you as part of your use of the Services.
13. Ending your relationship with meetlocalbiz.com:
13.1 All provisions in this "Terms" agreement shall survive any termination of services. Termination of services does not relieve you of your obligation to further fulfill this and all agreements to meetlocalbiz.com.
13.2 If you elect to terminate your legal agreement with meetlocalbiz.com, you may do so as follows (A) notifying meetlocalbiz.com in writing to the meetlocalbiz.com address and (B) close your accounts for all of the Services which you use, where meetlocalbiz.com has made this option available to you.
13.3 Meetlocalbiz.com may at any time terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms); or
(B) Meetlocalbiz.com is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) The partner with whom meetlocalbiz.com offered the Services to you has terminated its relationship with meetlocalbiz.com or ceased to offer the Services to you; or
(D) Meetlocalbiz.com is transitioning to no longer providing the Services to users in the locale which you are resident or from which you use the service; or
(E) The provision of the Services to you by meetlocalbiz.com is, in meetlocalbiz.com opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect meetlocalbiz.com rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and meetlocalbiz.com have benefited from, been subject to or which have accrued over time while the Terms have been in force or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES:
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL INCLUDE OR CREATE A WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND MEETLOCALBIZ.COM LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOT EXCLUDED BY THE TERMS.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, MEETLOCALBIZ.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEETLOCALBIZ.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 MEETLOCALBIZ.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY:
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEETLOCALBIZ.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY MEMBER, ADVERTISER OR SPONSORS WHOSE ADVERTISING/INFORMATION APPEAR ON THE SERVICES;
(II) ANY CHANGES WHICH MEETLOCALBIZ.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE MEETLOCALBIZ.COM WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON MEETLOCALBIZ.COM's LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT MEETLOCALBIZ.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies:
16.1 It is meetlocalbiz.com policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17. Advertisements:
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by meetlocalbiz.com on the Services are subject to change without specific notice to you.
17.3 In consideration for meetlocalbiz.com granting you access to and use of the Services, meetlocalbiz.com may place such advertising on the Services.
18. Other content:
18.1 The Services may include hyperlinks to other web sites or content or resources. Meetlocalbiz.com may have no control over any web sites or resources which are provided by companies or persons other than meetlocalbiz.com.
18.2 Meetlocalbiz.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, services, products or other materials on or available from such web sites or resources.
18.3 Meetlocalbiz.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, services, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms:
19.1 Meetlocalbiz.com may make changes to the Terms or Additional Terms from time to time. When these changes are made, meetlocalbiz.com will make a new copy of the Terms available on meetlocalbiz.com's Terms and Conditions page.
19.2 If you use the Services after the date on which the Terms or Additional Terms have changed, meetlocalbiz.com will treat your use as acceptance of the updated Terms or Additional Terms.
20. General legal terms:
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, purchase services, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and meetlocalbiz.com and govern your use of the Services (but excluding any services which meetlocalbiz.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and meetlocalbiz.com in relation to the Services.
20.3 You agree that meetlocalbiz.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if meetlocalbiz.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which meetlocalbiz.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of meetlocalbiz.com rights and that those rights or remedies will still be available to meetlocalbiz.com.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which meetlocalbiz.com is the parent shall be third party beneficiaries to the Terms and that other such companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with meetlocalbiz.com under the Terms, shall be governed by the laws of the State of Maryland without regard to its conflict of law's provisions. You and meetlocalbiz.com agree to submit to the exclusive jurisdiction of the courts located within the county of Baltimore, Maryland to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that meetlocalbiz.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Members Advertising Agreement:Member agrees to the terms and conditions above and herein after.
It is agreed by and between meetlocalbiz.com - legal name MLBC, Inc (herein after referred to as "MLBC") and Joining Business (herein after referred to as "Member"), as follows:
MLBC shall provide Member an advertising location for Member’s business on MLBC’s website known as meetlocalbiz.com. The local advertising area will start from the center of Members registered zip code.
MLBC will provide access to prospective customers of Member who are seeking the services of a business similar to Member’s business in the geographical area of the Member in the following manner:
MLBC will produce an “end to end” sixty (60) second video of Member representing Member’s true business nature for posting on meetlocalbiz.com.
MLBC will allow Member using Members email address and password to access, manage, print content, page buttons, and pictures (up to 20).
All content is subject to MLBC’s review and approval.
MLBC reserves the right to shut down Member’s site until any content rejected is corrected according to MLBC standards and requirements. MLBC reserves the right to refuse to use certain material. MLBC may request modification and/or may terminate this agreement if Member represents its business or changes its business so that its content or nature does not or no longer meets the criteria set forth by MLBC.
Member agrees that all content must be deemed “E” for everyone according to MLBC’s sole discretion, and MLBC reserves the right to reject any content it may choose to reject.
Term of this agreement shall be for a period of twelve (12) months that shall begin on the first (1st) posting day of Member’s video display on website. The membership term shall automatically renew for additional twelve (12) month term(s) unless Member notifies MLBC that Member will not renew at least sixty (60) days prior to the end of the term or the renewal term. In addition, in order to renew, the Member must have remained in compliance with the terms and conditions of this agreement during the prior term period.
Payment by Member to MLBC shall be as follows:
Upon execution of this agreement, a payment of $549.00 shall be made for video production. Additional video production costs may apply if scope is different from our standard requirements. If after review of standard requirements, requirements are unacceptable for any reason, you will be entitled to a full refund. After filming, there will be no refunds. Any time a new video is produced, video production price will follow current date production costs;
Member shall pay proper dues per month for the term of this agreement with first (1st) payment on posting date;
Payment will be automatic and continue for the term of this agreement in the form of credit card or debit from checking account;
Upon Member’s renewal for consecutive twelve-month term(s), the monthly rate shall remain the same as the initial rate set for the first (1st) term of membership given that the membership has remained active and in accordance with the terms and conditions of this agreement with the following exceptions: (A) unless another written agreement defines otherwise, (B) services have been upgraded (if additional options are available by meetlocalbiz.com), or (C) services have been reduced (if additional options are available by meetlocalbiz.com)
Monthly payments shall be made on the same calendar day of each month as your join date to meetlocalbiz.com's website using Visa, MasterCard, Discover, Bank Debit Card or checking account. Failure to make payments within five (5) days after due date will subject Member to a ten percent (10%) penalty of monthly payment; and
In the event account falls more than thirty (30) days delinquent, account will be removed from the website until account is made current. In the event account is more than ninety (90) days past due, account will be deleted. In the event Member shall desire to reestablish account, pricing will change to reflect current rates of membership at that time.
If Member is going on MLBC’s website with a video, then video preparation shall begin within thirty (30) days of the execution of this agreement. The parties will begin creation of the video at Member’s desired location and is to be produced in accordance with our video guidelines. It is estimated that it will take approximately fourteen (14) days to format the video for review by Member and with reasonable modification by Member. Video shall be ready for website at that time. Both parties agree to coordinate with each other for the creation of the final display of the video.
Meetlocalbiz.com will allow Member to use video produced by us on their own website not hosted by meetlocalbiz.com, FaceBook, YouTube and use in HTML email marketing for Members business. You may not use video on competing online directories. In the event your membership is cancelled by either party, you must stop using and remove video from all sites unless you receive permission from meetlocalbiz.com in writing otherwise.
The Member agrees that any material submitted or used in the video will not contain anything leading to an abusive or unethical use of the website. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, and illegal activity, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless MLBC from any and all losses and/or claims resulting from the publication of material or use of those materials.
MLBC owns all rights to title and interest to client’s video including, but not limited to, text, graphics, photos, designs, etc., and client shall not amend said posted video without MLBC’s approval. All information and content in video or on website, has been provided to MLBC by Member. Member certifies/guarantees that said information as displayed on website is owned by Member, does not violate, infringe upon, or breach in any way any copyrights, trademarks, patents, or other ownership rights of a third-party. Member also agrees to comply with any and all privacy act laws and/or policies. In the event any action is brought against MLBC, Inc. for violation of this section, Member shall indemnify and hold MLBC harmless for all damages and costs to include reasonable attorneys fees.
Member understands that this agreement is for the purpose of advertising Member’s business and providing computer access to a website display to said business by prospective customers targeted within Member’s business area. The terms of this agreement are governed by the Laws of the State of Maryland. Any disputes shall be brought in Baltimore County, Maryland and both parties waive a jury trial.
Authorization. Member certifies that the execution of this agreement is in accordance with the Bylaws of the Corporation and/or Limited Liability Company and/or if Member is a partnership or sole proprietor, the party executing this agreement has authority to enter into this agreement. In addition, the Member understands that the party executing this agreement not only binds the corporation, limited liability company, partnership and/or individual, but also binds the signer as a guarantor.
Default. In the event either party maintains the other party is in default of this agreement, that party shall place the other party on written notice of claimed default and allow the other party fifteen (15) days to correct the default from the date of notice. Notice shall be given at the address listed for the party on the agreement and/or at a designated e-mail address. If Member is in default for failure to make monthly payments and default is not timely corrected, MLBC may remove access to the video of Member and Member shall be liable to MLBC for the balance of payment(s) remaining, plus attorney/collection fees of twenty-five percent (25%) of balance interest plus one and a half percent (1½%) per month, plus court costs and service fees (NOTE: In the event, Member posts anything on website without MLBC’s approval, notice is not needed and website may be shut down at MLBC’s discretion until corrected and approved).
MLBC shall not be liable to Member or any other party for MLBC’s delay or failure to make repairs.
Assignment by Member. Member may not assign this agreement to another party unless approved in writing by MLBC and appropriate authorizations/approvals are executed by new party.
Counterparts. This agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument.
Effect of Waiver. No delay or omission to exercise any right or remedy accruing to MLBC and Member shall be a waiver of any such right or remedy, nor shall a waiver of any single breach or default be deemed a waiver of any other breach of default. Any waiver, permit, consent or approval on the part of MLBC, Member or their respective successors and assigns of any breach or default under this agreement shall be in writing.
Notices. Any notice under this agreement shall be deemed to have been given sufficiently for all purposes when made in writing and received at the above address set forth or any other address specified in writing.
Severability. Any provision of this agreement which is prohibited or unenforceable in any jurisdiction shall as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invading the remaining provisions of this agreement.
Headings. Section headings are for convenience of reference only and shall not be construed to affect the meaning or construction of any of the provisions thereof.
Laws. The Member agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend MLBC and its subcontractors from any claim, suit, penalty, tax or tariff arising from the Members use of Internet electronic commerce.
Member hereby agrees to comply with online terms, use and conditions of use set forth by MLBC as a member and as a user.