Note: as per the terms & conditions considered in this document, the client may be referred to as or by the following subject of term… (Client, Customer, Member, User, Business) As per the terms & conditions considered in this document 411Biz (including its Power Listing of 42 different directories) may be referred to as or by the following subject of term… (We, Our, Provider, Establishment) These Terms & Conditions have been reviewed as a legal and binding document and may not be considered as interpretation according to the reader, member and or user.
Obligations of the Member and 411Biz
Section A: Information
The member is required to ensure that all information that has been provided has been carefully reviewed for errors or inaccuracies. The client must also ensure that all of their information has been properly updated and current. Clients must also inform us immediately of new and/or modified information throughout the duration of their advertisement. We shall not be held responsible or accountable for any errors in the client’s information at the initiation of services or throughout the duration of any contract associated with 411Biz. Members are responsible to ensure that all trademarks, logos, slogans, patents are up-to-date, accurate and have been recognized by law and registered. All trademarks, logos, slogans, patents, and all marketing materials must be either owned by the member or must have full documentation clearly and legally revealing that these marketing materials have been issued permission by the owners. 411Biz will not be held accountable for any misuse or theft of marketing materials by the member. It is considered a criminal offence to use any marketing materials without the appropriate permission. 411Biz will not be held accountable for any plagiarism conducted by the member. We will not be held responsible for any act of infringement that has been perpetrated by the member and/or user.
411Biz considers each member’s information as private and must be treated with respect and with security. Please note that because we offer an online service whereby countless viewers and users visit our website at all times, we shall not be held responsible or accountable for any identity theft, theft of information and or marketing materials belonging to the member. Because 411Biz gathers information we may not be held responsible for any information that has been obtained and used by other members and users. We obtain information that may be gathered by IP Address, or by visiting our website, as well as gathering information that has been uploaded from our website. This information is purely for the benefit of the client by bettering our website, program availability, accuracy, security and protection. All information is considered private and will be safeguarded and to be used strictly to gather statistics. In addition, we may also gather personal information in order to better safeguard the member. This information may include the use of credit cards, personal information and banking information. Although, we provide security and safeguards against computer hacking, we shall not be held responsible for any information that has been illegally obtained by hackers and or viewers and users.
Although, every member’s information is considered private and secure this information may be released due to specific circumstances such as court subpoena, criminal investigation, infringement of laws, as well as in order to provide the safety of another member, user and/or viewer. Information will be released for consideration of identity theft or fraud. Client information may also be released or used in the circumstances of whereby there lies direct violation of the Terms & Conditions expressed in this document. Information may be released due to court order or defense of any legal claims.
Section B: Computer
Although, 411Biz offers a website, as well as a search engine and must follow all jurisdictional laws governing web-based and online services, Customers, members, viewers and users enter our website at their own risk. We are not considered responsible for any harm to an individual(s) or for any ID theft, loss of information, or any money or time, or property loss. Under no circumstances shall 411Biz be held accountable for any misfortunes or losses of any kind. 411Biz shall not be held responsible for any down time of our website based on any outside circumstances such as any natural disasters, fire, Acts of War, or anything that may be beyond our control.
Members are required to notify us immediately should they have experienced any form of identity theft or fraud. This responsibility also includes should any member be made aware of any act of fraud or theft made against another member. Members are also responsible to contact us immediately should they be made aware of or experience any viruses that have affected our website or any website that is in association of our search engine and/or company. Please note that we are not held accountable for any viruses that may have been contracted from our website or any search that leads to our website. These Viruses may include Trojan, worms and/or any other type of computer virus.
Please note that we use or may use “cookies” as a means to gather information in order to better our website and website performance. It is at the discretion of the member should they choose to delete “cookies” This will not prevent any member or user from visiting our website. We also hold the right to withhold any free listings or advertisement from our website. 411Biz has the right to terminate any account and remove customer listings based on acts of fraud or theft. We also hold the right to terminate an account based on non-payment of services. We also hold this right for any acts including slander or defamation against our company, member(s) user(s) Although, by law we cannot discriminate against any member who may include pornographic materials based on the nature of business promotion, we do have the right to terminate any member who imposes, suggests or state any pornographic materials written or verbal that is subject to our website other than the client’s specific advertisement and listing.
Section C Cancellations
Members will be allotted a 10-day grace period from the onset of the advertisement whereby they may request a cancellation without any penalty or subject to fees. All cancellation requests must be done in writing and must be sent by registered or certified mail. Cancellations that are made after the allotted grace period or were not sent in writing by registered and/or certified mail will be held responsible and subject to penalty fees or held liable to honor the balance of the contract.
Any or all refunds, total or in part, by the provider to the member may, and shall, result in the cancellation of all the member’s 411Biz web and marketing services, including any and all listings on the Power Listing directory.
These Terms & Conditions are governed in accordance with Florida State law. Disputes against the said terms & conditions will be subject to the jurisdictions by state and/or Federal courts. All participating members and/or parties both resident and nonresident waive all governing process upon them. All concerns brought to attention by all parties subject to the terms & conditions must provide documentation by registered and/or certified mail. Should any legal and applicable jurisdiction consider any part or portion of these terms & conditions without substance of accuracy – all remainder of these terms & conditions shall remain.