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“The Online Directory For Business And Services in Dothan and The Wiregrass Area!” |
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Dothan Marketplace |
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About
TERMS AND CONDITIONS OF USE (“Terms and Conditions”)
PLEASE READ THIS USER AGREEMENT (THIS “AGREEMENT” CAREFULLY BEFORE USING THE DothanMarketplace.COM WEB SITE (THE “SITE”). YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THIS SITE.
1. ACCESS TO THE SERVICES. Subject to the Terms and Conditions of this Agreement, DothanMarketplace.com may offer to provide certain products and services, as described more fully on the Site, and which are selected by you through the process provided on the Site (“Services”), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services DothanMarketplace.com performs for you, as well as the offering of any content on the Site. DothanMarketplace.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. DothanMarketplace.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. DothanMarketplace.com reserves the right to update or modify the Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, DothanMarketplace.com encourages you to review the Terms and Conditions whenever you use the Site. You certify to DothanMarketplace.com that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services. DotanMarketplace.com cannot promise that access to the Site will be uninterrupted or available at all times. DothanMarketplace.com assumes no liability or responsibility for any delay, interruption, or downtime.
2. SITE CONTENT. The Site and its contents are intended solely for the use of DothanMarketplace.com users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from DothanMarketplace.com, or from the copyright holder identified in such Content’s copyright notice.
3. NOTIFICATION OF COPYRIGHT INFRINGEMENT. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide DothanMarketplace.com with written notice of same (“Notice”). Such Notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site.
4. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Site.
5. SUBMISSIONS. You are welcome to submit comments regarding the Site. However, by sending any comments, feedback, notes, messages, ideas, suggestions or other communications (“User Submissions”), you hereby grant to DothanMarketplace.com a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against DothanMarketplace.com for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions.
6. PRIVACY. The terms of the Privacy Policy are incorporated herein. You have read the DothanMarketplace.com’s Privacy Policy and agree that the terms of the Privacy Policy are reasonable. Your acceptance of these Terms and Conditions is also your consent to the information practices in the Privacy Policy.
7. WARRANTY DISCLAIMER. DothanMarketplace.com has no special relationship with or fiduciary duty to you. You acknowledge that DothanMarketplace.com has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DothanMarketplace.com from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. DothanMarketplace.com makes no representations concerning any Content contained in or accessed through the Site, and DothanMarketplace.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711). DothanMarketplace.com makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. DothanMarketplace.com will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on DothanMarketplace.com’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
9. INDEMNITY. You agree to defend, indemnify and hold harmless DothanMarketplace.com, its affiliated companies and their respective officers, directors, shareholders, employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting frees, resulting from or arising out of your breach of the Terms and Conditions, your use of the Site, User Submissions submitted by you, or your use of any information obtained from the Site or any Content.
10. LIMITATION OF LIABILITY. Under no circumstances shall DothanMarketplace.com, its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of DothanMarketplace.com or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site or any content on the Site, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the laws of the State Of Alabama will apply. The carriers and other suppliers providing other services for DothanMarketplace.com are independent contractors and not agents or employees of DothanMarketplace.com or its affiliates. DothanMarketplace.com and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such supplier or for any personal injuries, death, property damage, or other damages or expenses resulting there from. DothanMarketplace.com and its affiliates have no liability and will make no refund in the event of any cancellation, strike, or other causes beyond their direct control. DothanMarketplace.com and its affiliates have no responsibility for any additional expense, omissions, delays, or acts of any government or authority.
11. FEES AND PAYMENT. Some of the Services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you. DothanMarketplace.com reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
12. TAXES AND FEES. The tax charged on transactions is a recovery of all applicable taxes (sales and use) in connection with your business transactions with DothanMarketplace.com only.
14. ATTORNEY'S FEES. If DothanMarketplace.com or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
15. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement and the Terms and Conditions will cause such damage to DothanMarketplace.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that DothanMarketplace.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by DothanMarketplace.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction
16. TERMINATION: DothanMarketplace.com may terminate or suspend any and all Services and access to the this Site immediately, without prior notice or liability, if you breach any of the Terms and Conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Postal contact: DothanMarketplace.com, Attn: Customer Service, Dothan, Alabama 36305 E-mail contact: Marketplace@dothanmarketplace.com Telephone contact:(334) 792-8607 or (877) 272-0032
18. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. DothanMarketplace.com shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond DothanMarketplace.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with DothanMarketplace.com’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind DothanMarketplace.com in any respect whatsoever. |
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Terms and Conditions |
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Copyright © 2006-2007 by Dothan Marketplace a division of Advertising Concepts Marketing Group and/or its parent, subsidiary and affiliated companies. All rights reserved. Use of this Website constitutes acceptance of the Dothan Marketplace Terms and Conditions of use and Privacy Policy. Dothan Marketplace is Designed, Hosted and Maintained by Advertising Concepts of Dothan, Alabama
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Content PoliciesPlease note that these guidelines are for the creative content. The following guidelines apply to all display ads appearing on Dothan Marketplace.com. In addition, all advertising on Dothan Marketplace.com must comply with our Terms & Conditions and Privacy Policy. These guidelines are subject to change at any time. Dothan Maketplace.com reserves the right to review all ads prior to acceptance and may request modifications to, reject or delete any advertisement, at any time, at its sole discretion. Any exceptions to the below must be approved in advance by: Sales@dothanmarketplace.com General Content Guidelines Restricted Content · Bathing wear and undergarment advertising - must be approved prior to acceptance. · Pharmaceutical advertising promoting adult-oriented drugs - must be approved prior to acceptance. · Religious content or advertising - must be approved prior to acceptance. · Political content or advertising - must be approved prior to acceptance · Downloads – Users must be informed as to exactly what is being offered for download and downloads cannot be automatic or contain hidden or harmful functionality as bundle components of a user approved download (adware/ spyware/ActiveX spawning controls).
Adult Content – the following content is unacceptable: · Nudity & sexually explicit or suggestive images · Alcohol advertising · Dating Sites · Online Gambling · Tobacco products · Advertising that promotes illegal activities or offers · Advertising directed to children 13 years of age or younger · Recreational drugs or drug paraphernalia (including products/services designed to bypass drug tests) · Advertising that contains, facilitates or promotes discrimination or violence · Advertising that displays defamatory, profane, hateful, or libelous material · Advertising that contains offensive, profane, vulgar, obscene or inappropriate language · Advertising that misrepresents, ridicules, or attacks an individual or group on the basis of age, color, national origin, race, religion, sex, sexual orientation or disability · Visually distracting graphics (flashing, shaking, rolling, pulsing)
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