Terms & Conditions | Local Biz Boost

Welcome to Local Biz Boost, operated by Local Biz Boost LLC, located at 8206 Louisiana Blvd NE, Ste A #4761, Albuquerque, New Mexico 87113, USA.

By using the website located at https://blog.localbizboost.com/, the related mobile website, and any mobile application (collectively, the "Websites"), you agree to be bound by these Terms of Service (this "Terms of Service" or "Agreement"), whether or not you register as a member of Local Biz Boost ("Member"). If you wish to become a Member and/or make use of the service (the "Service"), please read this Agreement. If you object to anything in this Agreement or the Local Biz Boost Privacy Policy, do not use the Service.

This Agreement is subject to change by Local Biz Boost at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following the posting of revised terms will constitute your express and binding acceptance of the revised Agreement.

Please read this Agreement carefully, as it contains important information regarding your legal rights, remedies, and obligations, including various limitations and exclusions and a dispute resolution clause that governs how disputes will be resolved.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. It may be modified by Local Biz Boost from time to time, effective upon posting on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.

Messaging terms

Types of messages you can expect to receive: notifications, marketing, and similar.
Texting frequency: message frequency may vary.
Message and data rates: message and data rates may apply.
Privacy policy: https://blog.localbizboost.com/privacy-policy
Opt-out instructions: text STOP to opt out.

1. Access and retention

To access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must use all equipment necessary to make such a connection. Please print a copy of this document for your records, or save it into any word processing program.

2. Commercial use of Service

If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a "Subscribing Entity"), you represent and warrant that: (a) you are an authorized representative of the Subscribing Entity with authority to bind it to this Terms of Service; (b) you have read and understand this Terms of Service; and (c) you agree to it on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Websites include, but are not limited to: browsing or downloading illegal content; collecting usernames or email addresses of members to send unsolicited email; unauthorized framing of or linking to the Websites; sharing your username or password with any third party or permitting any third party to access your account; impersonating another user or person; using the Websites in any fraudulent or misleading manner; any automated use of the system, such as scraping, scripts, spiders, robots, crawlers, or data mining tools; interfering with or creating an undue burden on the Websites or connected networks; and using the Websites in a manner inconsistent with any applicable laws and regulations. Such use may be investigated, and appropriate legal action may be taken. Use of the Websites and Service is with the permission of Local Biz Boost, which may be revoked at any time, for any reason, in Local Biz Boost's sole discretion.

3. Account security

You are responsible for maintaining the confidentiality of the username and password you designate during registration, and you are fully responsible for all activities that occur under them. You agree to (a) immediately notify Local Biz Boost of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Local Biz Boost will not be liable for any loss or damage arising from your failure to comply. Use particular caution when accessing your account from a public or shared computer.

4. Your use of the Websites

You agree that you will not:

Browse or download illegal content.
Copy or capture, or attempt to copy or capture, any content from the Websites (the "Content") or any part of the Websites, unless given express permission by Local Biz Boost.
Copy, republish, adapt, make available, communicate to the public, display, perform, transfer, share, distribute, or otherwise exploit any Content, except where such Content is created by you ("Your Content") or as permitted under these Terms of Service.
Use any Content (other than Your Content) in any way designed to create a separate content service or that replicates any part of the Websites' offering.
Employ scraping or similar techniques to aggregate, repurpose, republish, or otherwise make use of any Content.
Employ bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, log in, post comments, or otherwise act on your behalf, particularly in a repetitive fashion, or offer such techniques to other users.
Alter or remove, or attempt to alter or remove, any trademark, copyright, or other proprietary or legal notices on the Websites or any Content (other than Your Content).
Copy or adapt the object code of the Websites, or reverse engineer, decompile, modify, or attempt to discover any source or object code, or circumvent any copy protection mechanism.
Use the Websites to upload, post, transmit, or communicate any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, or otherwise objectionable; that infringes the rights of third parties; that violates any law, rule, or regulation; that contains any virus or other harmful component; or that constitutes unsolicited advertising or spam.
Commit, encourage, or promote any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.
Rent, sell, or lease access to the Websites or any Content.
Impersonate any person or entity or misrepresent your affiliation with a person or entity.
Stalk, exploit, threaten, abuse, or otherwise harass another user or any Local Biz Boost employee. If we feel your behavior toward any of our employees is threatening or offensive, we reserve the right to immediately terminate your membership without refund of unused subscription fees.
Sell or transfer, or offer to sell or transfer, any Local Biz Boost account to any third party without our prior written approval.
Collect or attempt to collect personal data or other information about other users, including through spidering or scraping.
Violate or attempt to circumvent any data security measures; access data or materials not intended for your use; log into a server or account you are not authorized to access; test the vulnerability of our servers, systems, or networks; or interfere with the Websites or Services by any means.

You agree to comply with the above conditions and acknowledge that Local Biz Boost has the right, in its sole discretion, to terminate your account or take other action if you breach any of them. This may include court action and/or reporting offending users to the relevant authorities.

5. Representations and warranties

You represent and warrant that: your Content is an original work by you, or you have obtained all rights, licenses, consents, and permissions necessary to use it and to authorize Local Biz Boost to use it pursuant to these Terms of Service; your Content does not and will not infringe or violate the rights of any third party; you have obtained all necessary consents and releases from persons appearing in your Content; your Content is not and will not be unlawful, offensive, abusive, libelous, defamatory, or otherwise objectionable; and your Content will not create any liability on the part of Local Biz Boost, its affiliates, or their respective employees, agents, directors, officers, or shareholders. Local Biz Boost reserves the right to remove your Content, suspend or terminate your access, and/or pursue all legal remedies if we believe your Content breaches any of the foregoing.

6. Term

This Agreement remains in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at support@localbizboost.com. Local Biz Boost may terminate your membership and/or subscription for any reason by sending notice to the email address you provided. If Local Biz Boost terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding termination are made in Local Biz Boost's sole discretion. Terms that by their nature survive termination shall be deemed to survive.

7. Modifications to Service

Local Biz Boost reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. Local Biz Boost shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

8. Blocking of IP addresses

To protect the integrity of the Services, Local Biz Boost reserves the right at any time, in its sole discretion, to block Members from certain IP addresses from accessing the Websites.

9. Content

Proprietary rights. Local Biz Boost retains all proprietary rights in the Websites and the Service. The Websites contain copyrighted material, trademarks, and other proprietary information of Local Biz Boost and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Distribution of Content to others is strictly prohibited.

We may provide links to third-party websites, and some content may be supplied by third parties. Local Biz Boost has no responsibility for these third-party websites or their content, which is governed by the terms and privacy policies of the applicable third-party providers.

Ownership of Your Content; licenses. You agree that any Content you upload to the Websites and/or the Service becomes the property of Local Biz Boost. With respect to Your Content, Local Biz Boost grants you a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use. Any Content other than Your Content is the property of the relevant uploader and may be subject to copyright, trademark, or other intellectual property rights.

10. Restrictions on use of materials

You acknowledge that Local Biz Boost contains images, text, and other content (collectively, "Intellectual Property") protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights. All Intellectual Property is copyrighted under United States copyright laws, and Local Biz Boost owns a copyright in the selection, coordination, arrangement, and enhancement of such Intellectual Property. All trademarks are the property of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale of, create derivative works of, or otherwise exploit any of the Intellectual Property, in whole or in part, without our prior written consent.

11. Copyright policy

Local Biz Boost prohibits the submission or posting of any information that infringes the copyright or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent by certified mail to: 8206 Louisiana Blvd NE, Ste A #4761, Albuquerque, New Mexico 87113, USA. If you believe your intellectual property right is infringed by any content on the Site, please provide a written statement containing: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material requested to be removed; (c) your name, address, daytime telephone number, and email address; (d) a statement that you have a good faith belief that the use is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (f) your signature or that of someone authorized to act on the owner's behalf. Local Biz Boost will process any notice of alleged infringement and take appropriate action as required by the Digital Millennium Copyright Act (DMCA). U.S. law provides significant penalties for submitting such a statement falsely.

12. Liability for Content

You acknowledge and agree that Local Biz Boost (i) stores Content and other information at the direction and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage, and distribution of such Content, and (iii) plays no active role in the presentation or use of the Content. You are solely responsible for all of Your Content, and, to the extent permissible by law, Local Biz Boost excludes all liability with respect to all Content and the activities of its users. Local Biz Boost does not review Content created or uploaded by its users and has no obligation to monitor the Websites for inappropriate or infringing Content. By using the Websites, you waive the right to assert any claim with respect to the foregoing against Local Biz Boost or its affiliates.

13. Repeat infringers

Local Biz Boost will suspend or terminate your access if we determine, in our sole and reasonable discretion, that you have repeatedly breached these Terms of Service. If we receive a valid notification that any of Your Content infringes the rights of a third party, or if we believe your behavior violates these Terms of Service, we will send you a written warning. Any user that receives more than two such warnings is liable to have their access terminated. We will also suspend or terminate your account without warning if ordered to do so by a court or in other appropriate circumstances. We do not offer refunds to Members whose accounts are terminated as a result of repeated infringement.

14. Limitation of liability

In no event shall Local Biz Boost be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to the Websites or Service. The content and functionality on the Websites and the services provided are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Local Biz Boost makes no warranties as to the accuracy, completeness, or adequacy of the Websites' content, or that the functionality will be uninterrupted or error-free. Your use of the Websites and the Service is at your sole risk.

Under no circumstances shall Local Biz Boost, its officers, owners, employees, or agents be liable for any direct, incidental, punitive, special, consequential, or exemplary damages that result from use of, or inability to use, the Websites or Service, even if Local Biz Boost has been advised of the possibility of such damages. In the event that any of the foregoing limitations are deemed unenforceable, the entire aggregate liability of Local Biz Boost and the sole remedy available shall be limited to monetary damages not exceeding the greater of $500.00 or the sum of any amount paid by you to Local Biz Boost during the six months prior to notice of the dispute.

15. Indemnity by you

You agree to indemnify and hold Local Biz Boost, its subsidiaries, affiliates, officers, agents, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to: (a) your use of the Service and/or Websites in violation of this Agreement; (b) any third-party claim of infringement or invasion of privacy arising from the hosting of Your Content; and (c) any activity related to your account, either by you or by any other person accessing your account with or without your consent, unless caused by the act of Local Biz Boost.

16. Attorney fees

In the event that Local Biz Boost is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Local Biz Boost's attorneys' fees and costs.

17. Parental or guardian permission

Some of the Content on the Websites may not be appropriate for children. Children under the age of 17 are not permitted to use the Websites unless a supervising parent or guardian is present.

18. Privacy

Use of the Websites and/or the Service is also governed by our Privacy Policy, located at https://blog.localbizboost.com/privacy-policy.

19. Jurisdiction and choice of law; dispute resolution

If there is any dispute arising out of the Websites and/or the Service, you expressly agree that any such dispute shall be governed by the laws of the State of New Mexico, without regard to its conflict of law provisions, and you expressly consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Mexico for the resolution of any such dispute. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

20. Arbitration provision / no class action

Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims, and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association. Judgment on the award rendered may be entered in any court having jurisdiction. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator may be entered and confirmed by the courts of the State of New Mexico. Any post-arbitration action seeking to enforce an award or seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New Mexico.

21. No third-party beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

22. Availability outside the U.S.

If you access Local Biz Boost from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You acknowledge that any personal information you provide will be processed in the United States, and you consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

23. Entire agreement

This Agreement contains the entire agreement between you and Local Biz Boost regarding the use of the Websites and/or the Service.

24. Severability; waiver

If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term, and Local Biz Boost's failure to enforce any term shall not be deemed a waiver of it.

25. Headings

The section headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

Please contact us at support@localbizboost.com with any questions regarding this Agreement.