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Terms and Conditions

Please note that these terms and conditions are written by us (the Lawyers version of these are at the bottom of this page), however both are legally binding. We are programmers, technical people and write in a language we hope you can understand and if challenged on issues are happy to enter into the discussion and makes changes. If something has gone wrong or annoyed you, please talk to us, but please be polite as we are only human. So here we go.

Why a listing addition or amendment may not be approved:

There is no local service or product provided. Your web site is just a "link farm" or "ad farm" that redirects visitors to a site that does have local products and services.
Sites that contain adult material and or explicit images that are not adequately warned or in compliance with US law.
Listings that link to sites that contain offensive content. Hate sites and "racist" sites fit into this category. Inclusion is completely at the discretion of the USA-Local-Search.com owners, project leader and compassionate staff.
If your confirmation email "bounced".
If the confirmation email is not responded to within 7 days of submission.
Address supplied does not make sense or is not a valid address. ie. an online store with an address of Sydney CBD where no presence exists or merely repeating the suburb.
Rude or impolite behavior to our staff who provide this service to all businesses within the United States.
Business activities that are deemed illegal by US law.
Duplicate listing entries for the same category. You may have different companies operating from the same address and phone number BUT they must provide different goods or services to be listed. No multiple companies from the same location for the same offerings.
Exceptions may be granted for "Partnerships".
Any listing, tag lines, or links that are clearly dishonest or deceptive when reviewed by a typical user.
Failure to maintain email and telephone contact permission for USA-Local-Search.com and firms in a partnering relationship with USA-Local-Search.com for updates, enhancements and business opportunities.

Other restrictions on the listings are as follows:

Using html tags in any form fields - sorry, everybody get treated the same.
If a listing contains a link to a web site, the web site must contain local contact details. If no details are provided on the site, we will not include the web site link. Local contact details are phone or address details, an email address alone will not be considered sufficient.
If a listing contains a link to a web site, the linked page must not create any "pop-ups" or "pop-unders". If either of these occur, we will not include the web site link. We consider a pop-up/pop-under to be any window, regardless of content, that opens in addition to the original window, without the user initiating it.
Upper case lettering in the company name is not allowed unless supported by upper case lettering in the company logo or on a supporting web site.
No "key word" stuffing in the tag lines. Tag lines are preferably your company motto or slogan or need to be a legitimate statement about your goods and services.

AussieWeb operates this free site as a Wiki, see definition here: http://en.wikipedia.org/wiki/Wiki and as such doesn't take responsibility for the listing's accuracy or completeness.

Protecting YOUR Privacy

All of us at AussieWeb are committed to providing you with peace of mind in protecting your privacy. We are bound by the Commonwealth Privacy Act 1998, which sets out a set of principles concerning the protection of your personal information.

Your personal information

Personal information held by AussieWeb may include:

Your name
Your business name
Current address
Telephone number(s)
Mobile phone number
Fax number
ACN or ABN numbers
Email address
Web site address
Listing renewal dates
Log on and passwords for listing updates

If you choose to not provide us with the business information we request from you, we may not be able to provide you with the services you require, or you may experience difficulty or delays in the delivery of our services and products.

How we collect personal information

AussieWeb collects personal information in a number of ways, including:

Directly from you via business cards, details provided in correspondence, over the telephone or when submitted by a form on one of our web sites;
From third parties such as our related companies;
Your representatives;
From publicly available sources of information;
When legally required to do so.

How we use your personal information

Your personal information may be used to:

Verify your identity;
Assist you with our products and services;
Provide or improve our service delivery through a range of media;
Administer and manage our services provided to you including charging, billing and collection of debts;
Inform you of ways the products and services provided to you can be improved;
Research and develop our products and services;
Improve our understanding of your business to provide you with better products and services;
Maintain and improve our business systems for improved services and product delivery.

When we disclose personal information

In order to deliver the products and services you require, AussieWeb may disclose your personal information to organizations outside AussieWeb. These organizations carry out our:

Delivery activities;
Web site hosting;
Mailing systems;
Billing and debt collection;
Market research.
Data Based Marketing consulting.

Your personal information is disclosed to these organizations only in relation to AussieWeb providing our products and services to you. AussieWeb takes reasonable steps to ensure these organizations are subject to obligations of confidentiality or privacy in relation to the protection of your personal information.

We may also disclose your personal information to:

Other companies who have a partnering relationship with AussieWeb;
Your authorised representatives, accountants or legal advisers when requested by you to do so;
Credit providers;
Our professional advisors, including our lawyers, accountants and auditors;
Government or regulatory organizations as required or authorised by law;

Help us ensure we hold accurate information

AussieWeb takes all reasonable precautions to ensure the personal information we collect, use and disclose is accurate, complete and up to date. However, the accuracy of the information we hold depends to a large extent on the information you provide.

We recommend that you:

Let us know if there are any errors in your personal information; and
Keep us up to date with changes to personal information such as your address, telephone numbers and email addresses.

You can access your personal information

You have the right to access your personal information. If you would like to do so please let us know. You may be required to provide proof of identity and/or put you request in writing for security reasons. We reserve the right to charge a fee for repetitive requests for and providing access to your information.

How to contact us

If you have any questions in relation to privacy, please contact us on +61 (07) 3216 1001 between 9:00 am and 4:00 pm, Mondays to Friday. Direct your enquires to our CEO or write to Monte Huebsch Privacy Manager AussieWeb Pty Ltd 25 / 17 Bowen Bridge Road, Bowen Hills, QLD 4006.

Disclaimer

The material available through AussieWeb Pty Ltd is provided to give visitors access to relevant contact and business information. You should be aware that in making this material available, we are not providing professional advice and accept no liability arising from reliance upon this material.

The material available through AussieWeb Pty Ltd is provided by a variety of international, national and local private bodies. While this allows us to provide a more comprehensive service, it does result in some limitations. These limitations include the following:

There is no single agency responsible for dealings with business contact and product/services provision. In addition, different visitors may have very different business information and/or contact. For these reasons, it is not always possible to ensure that all information and contact relevant to your business requirements are available through AussieWeb Pty Ltd.
The material available through AussieWeb Pty Ltd may include views and recommendations of third parties, which do not necessarily reflect our views or indicate our commitment to a particular course of action.
The fact that AussieWeb Pty Ltd refers to a service or organization in no way implies any form of endorsement by us of the products or services provided by that person or organization.

While we strive to provide a high quality service, these limitations mean that we cannot guarantee that the material available through AussieWeb Pty Ltd is accurate, complete, or up-to-date.

We make reasonable efforts to ensure that AussieWeb Pty Ltd is available for users when required. However, we cannot guarantee to provide continuously available or uninterrupted access to the site or the material available through the site.

Copyright

AussieWeb Pty Ltd supports and encourages the dissemination and exchange of information, especially in the area of electronic media and web pages. However, copyright protects material on this web site. AussieWeb does not object to this material being reproduced but asserts its right to be recognised as author of its original material and the right to have its material remain unaltered when redistributed or reproduced

Enquires regarding the reproduction of AussieWeb Pty Ltd material should be directed to the Managing Director of AussieWeb, Monte Huebsch at Monte@AussieWeb.com.au

USA-Local-Search.com Terms

1. Your relationship with AussieWeb

1.1 Your use of the AussieWeb web sites (referred to collectively as the "Sites" in this document and excluding any Sites provided to you by AussieWeb under a separate written agreement) is subject to the terms of a legal agreement between you and AussieWeb. "AussieWeb" means AussieWeb PTY LTD, Australian Business Number 56 075 064 774, whose principal place of business is at Unit 25, 17 Bowen Bridge Road, Bowen Hills, Queensland 4006 Australia. This document explains how the agreement is made up, and sets out some of the terms of this agreement.

1.2 Unless otherwise agreed in writing with AussieWeb, your agreement with AussieWeb will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as "the Terms".

1.3 Your agreement with AussieWeb will also include the terms of any Legal Notices applicable to the Sites, in addition to the Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Site, these will be accessible for you to read either within, or through your use of, that Site.

1.4 The Terms form a legally binding agreement between you and AussieWeb in relation to your use of the Sites. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

2. Accepting the Terms

2.1 In order to use the Sites, you must first agree to the Terms. You may not use the Sites if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by AussieWeb in the user interface for any Site; or

(B) by actually using the Sites. In this case, you understand and agree that AussieWeb will treat your use of the Sites as acceptance of the Terms from that point onwards.

2.3 You may not use the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with AussieWeb, or (b) you are a person barred from receiving the Sites under the laws of Australia or other countries including the country in which you are resident or from which you use the Sites.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3. Use of the Sites by you

3.1 In order to access certain Sites, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Sites, or as part of your continued use of the Sites. You agree that any registration information you give to AussieWeb will always be accurate, correct and up to date.

3.2 You agree to use the Sites only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries).

3.3 You agree not to access (or attempt to access) any of the Sites by any means other than through the interface that is provided by AussieWeb, unless you have been specifically allowed to do so in a separate agreement with AussieWeb. You specifically agree not to access (or attempt to access) any of the Sites through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Sites.

3.4 You agree that you will not engage in any activity that interferes with or disrupts the Sites (or the servers and networks which are connected to the Sites).

3.5 Unless you have been specifically permitted to do so in a separate agreement with AussieWeb, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Sites for any purpose.

3.6 You agree that you are solely responsible for (and that AussieWeb has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which AussieWeb may suffer) of any such breach.

4. Your passwords and account security

4.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Sites.

4.2 Accordingly, you agree that you will be solely responsible to AussieWeb for all activities that occur under your account.

5. Content license from you

5.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Sites. By submitting, posting or displaying the content you give AussieWeb a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Sites. This license is for the sole purpose of enabling AussieWeb to display, distribute and promote the Sites and may be revoked for certain Sites as defined in the Additional Terms of those Sites.

5.2 You agree that this license includes a right for AussieWeb to make such Content available to other companies, organizations or individuals with whom AussieWeb has relationships for the provision of syndicated Sites, and to use such Content in connection with the provision of those Sites.

5.3 You understand that AussieWeb, in performing the required technical steps to provide the Sites to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, Sites or media. You agree that this license shall permit AussieWeb to take these actions.

5.4 You confirm and warrant to AussieWeb that you have all the rights, power and authority necessary to grant the above license.

6. Ending your relationship with AussieWeb

6.1 The Terms will continue to apply until terminated by either you or AussieWeb as set out below.

6.2 If you want to terminate your legal agreement with AussieWeb, you may do so by (a) notifying AussieWeb at any time and (b) closing your accounts for all of the Sites which you use, where AussieWeb has made this option available to you. Your notice should be sent, in writing, to AussieWeb's address which is set out at the beginning of these Terms.

6.3 AussieWeb 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) AussieWeb is required to do so by law (for example, where the provision of the Sites to you is, or becomes, unlawful); or

(C) the partner with whom AussieWeb offered the Sites to you has terminated its relationship with AussieWeb or ceased to offer the Sites to you; or

(D) AussieWeb is transitioning to no longer providing the Sites to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Sites to you by AussieWeb is, in AussieWeb's opinion, no longer commercially viable.

6.4 Nothing in this Section shall affect AussieWeb's rights regarding provision of Sites under the Terms.

6.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and AussieWeb have benefited from, been subject to (or which have accrued over time whilst 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.

7. Exclusion of warranties

7.1 Nothing in these terms, including sections 14 and 15, shall exclude or limit AussieWeb's 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 our liability will be limited to the maximum extent permitted by law.

7.2 You expressly understand and agree that your use of the sites is at your sole risk and that the sites are provided "as is" and "as available."

7.3 In particular, AussieWeb, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

(a) your use of the sites will meet your requirements,

(b) your use of the sites will be uninterrupted, timely, secure or free from error,

(d) that defects in the operation or functionality of any software provided to you as part of the sites will be corrected.

7.4 Any material downloaded or otherwise obtained through the use of the sites 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.

7.5 No advice or information, whether oral or written, obtained by you from AussieWeb or through or from the sites shall create any warranty not expressly stated in the terms.

7.6 AussieWeb 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.

8. limitation of liability

8.1 Subject to overall provision in paragraph 7.1 above, you expressly understand and agree that AussieWeb, 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 sites, 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 advertiser or sponsor whose advertising appears on the sites;

(ii) any changes which AussieWeb may make to the sites, or for any permanent or temporary cessation in the provision of the sites (or any features within the sites);

(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 sites;

(iii) your failure to provide AussieWeb with accurate account information;

(iv) your failure to keep your password or account details secure and confidential;

8.2 The limitations on AussieWeb's liability to you in paragraph 15.1 above shall apply whether or not AussieWeb has been advised of or should have been aware of the possibility of any such losses arising.

9. Advertisements

9.1 Some of the Sites are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Sites, queries made through the Sites or other information.

9.2 The manner, mode and extent of advertising by AussieWeb on the Sites are subject to change without specific notice to you.

9.3 In consideration for AussieWeb granting you access to and use of the Sites, you agree that AussieWeb may place such advertising on the Sites.

10. Other content

10.1 The Sites may include hyperlinks to other web sites or content or resources. AussieWeb may have no control over any web sites or resources which are provided by companies or persons other than AussieWeb.

10.2 You acknowledge and agree that AussieWeb is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

10.3 You acknowledge and agree that AussieWeb 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, products or other materials on, or available from, such web sites or resources.

11. General legal terms

11.1 Sometimes when you use the Sites, you may (as a result of, or through your use of the Sites) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other Sites, 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.

11.2 The Terms constitute the whole legal agreement between you and AussieWeb and govern your use of the Sites (but excluding any Sites which AussieWeb may provide to you under a separate written agreement), and completely replace any prior agreements between you and AussieWeb in relation to the Sites.

11.3 You agree that AussieWeb may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Sites.

11.4 You agree that if AussieWeb does not exercise or enforce any legal right or remedy which is contained in the Terms (or which AussieWeb has the benefit of under any applicable law), this will not be taken to be a formal waiver of AussieWeb's rights and that those rights or remedies will still be available to AussieWeb.

11.5 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.

11.6 You acknowledge and agree that each member of the group of companies of which AussieWeb is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

11.7 The Terms, and your relationship with AussieWeb under the Terms, shall be governed by the laws of the State Queensland, Australia without regard to its conflict of laws provisions. You and AussieWeb agree to submit to the exclusive jurisdiction of the courts located within the city of Brisbane, Queensland, Australia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that AussieWeb shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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