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Our Agreement With You

Terms & Conditions

LitBiz Media, LLC Terms and Conditions

We offer you the websites, applications, services and content on litbizmedia.com and its affiliated sites and services (“LitBiz Media”) on the condition that you agree to the following terms.

EACH TIME YOU ACCESS, USE OR REGISTER FOR LitBiz Media, LLC®, YOU ARE SIGNIFYING YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (either the “Terms of Service” or “Agreement”).

You may not use LitBiz Media, LLC® if you do not agree to these Terms of Service

Here is a Summary of Our Terms

  • LitBiz Media is provided by LitBiz Media, LLC, its providers, licensors and affiliates (either “we” or “us”).
  • These Terms of Service consist of the terms below, our privacy policy, and any supplemental terms that our vendors, Contributors or we may apply to a specific feature, product or subscription that you may purchase from us.
  • These Terms of Service have the same legal effect as an agreement in writing.
  • We can change these terms at any time, in which such changes take effect after we post notices of the changes.
  • We may change or discontinue any feature on LitBiz Media at any time.
  • You agree to pay us for any purchases and subscriptions ordered by you.
  • We give you a limited right to access and use LitBiz Media. You are not authorized to access LitBiz Media or its computers, servers and databases to scrape or “data mine” our data.
  • You may not resell or redistribute LitBiz Media services and databases unless otherwise authorized by us in writing.
  • You must comply with these terms and all applicable laws when you use LitBiz Media.
  • You will own the Content (defined below) you post on LitBiz Media. You give us the right to use and re-purpose the Content that you post on LitBiz Media. We own all compilation rights in our site and services.
  • You own or have the right to submit any Content you post on LitBiz Media.
  • We offer LitBiz Media “AS IS” and without warranties of any kind, and we limit our liability to you.
  • You agree that we may send you text messages and MMS messages to your mobile device if you sign up for such features.
  • Indiana law governs this Agreement, and you agree to resolve any disputes in Vigo County, Indiana.
  • LitBiz Media, at its sole discretion, reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and immediate archival or deletion of all data in your account. LitBiz Media reserves the right to refuse service to anyone in its sole and absolute discretion.

About These Terms

In this Agreement, (a) the term “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term “Content” means any data, information, text, images, audio, video, profiles and all other forms of data and communications on LitBiz Media that is provided by us, our Contributors, affiliates and users; and (c) the term “Contributors” means our users, third-party providers, licensors and businesses, Agencies (defined below), Clients (defined below) and proprietors that post Content, which include any profiles and listings, on LitBiz Media. These Terms of Service serve as a binding contract between you and us and govern your relationship with us.

Additional terms may apply to certain subscriptions, purchases, products, services and Content offered by LitBiz Media or a Contributor. If you are purchasing Content through LitBiz Media provided by a third-party, you agree to the terms of the third-party provider.

We will give you the opportunity to review any supplemental terms if you elect to use such products and services. If you do not agree to the additional terms, do not sign up for the additional services.

Google, Inc. provides the map features on LitBiz Media. When you access and use the map features, you agree to be bound by Google Maps Terms of Service located at http://www.google.com/help/terms_maps.html.

Changes to These Terms

We may make changes to the terms of this Agreement at any time. All modifications will be posted on LitBiz Media properties and such modifications take effect after we post them. You assume the responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any material changes to this Agreement, you must discontinue your use of LitBiz Media. Your ongoing use of LitBiz Media after the changes take effect signifies your agreement to the new terms.

About LitBiz Media and its Services

LitBiz Media, LLC offers website and mobile applications, research services, databases, business profile services, Content, business profile services, tools and other consulting services to help businesses grow, which collective we refer to as “LitBiz Media” in this Agreement. We may change, update or discontinue any offering, feature or Content on LitBiz Media at any time and without notice and without liability to you.

Registration and Eligibility

Registration is optional; however, you will need to register with us to use all of our features and services. We will open an individual membership profile account when you register on LitBiz Media. If you open a membership account, we will give you the ability to set up a profile for your business and use other features of LitBiz Media.  In order to register with LitBiz Media, you must meet the following qualifications:

  • You must be at least 18 years of age and have the legal capacity to agree to these Terms of Service.
  • You must provide true, accurate, current and complete registration information.
  • You agree to keep this information up-to-date.
  • You must abide at all times with the Terms of this Agreement.
  • If you are registering on behalf of a business or entity, you must have authority to act on behalf of such business or entity.

We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of LitBiz Media, you represent and warrant that (a) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (b) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (c) you are providing true, complete and current information.

Your Information

When you submit information about you to us, you agree that we may collect and use your information as disclosed in our Privacy Policy located at https://litbizmedia.com/privacy-policy You agree that Google, Inc. may use the information you provide when you use the mapping features on LitBiz Media in accordance with Google’s privacy policy located at http://www.google.com/privacy.html, which Google may amend from time to time. Each time you access and use LitBiz Media, you acknowledge that you have reviewed the policies disclosed in this section and consent to their terms.

If you are accessing LitBiz Media from within the State of California, you acknowledge that LitBiz Media collects personal information as defined in the California Consumer Protection Act of 2018. You may refer to the LitBiz Media Privacy Policy for further details about LitBiz Media’s business purposes and your rights https://litbizmedia.com/privacy-policy.

Ownership

Our Contributors, licensors and we own all rights in the LitBiz Media site, Content, aggregate user review ratings, data, text, designs, pages, print screens, the organization and structure of our data and Web sites, trademarks, logos, trade names, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on LitBiz Media. We (or as applicable, our licensors) own all intellectual property rights in our databases’ code, indexes, algorithms, organization and structure, and compilation of data. Except for the limited license we grant to you below, you obtain no other rights in LitBiz Media or its Content.

License and Authorized Uses

The LitBiz Media services and its Content are licensed, not sold. We grant you a non-exclusive, non-transferable, limited license to access and use LitBiz Media and the Content subject to the terms and limitations of this Agreement. Any use beyond this limited license is prohibited. You may create a profile only on your own behalf or on behalf of your business. Unless otherwise provided in any supplemental terms, you may download and temporarily store Content that you purchase to one computing device under your exclusive control. You may use such Content only (1) to display internally such Content for your internal business and research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. We do not authorize any other access and use of LitBiz Media not expressly provided in this Agreement.

Unauthorized Access and Use of LitBiz Media

You may not directly, indirectly or through any intermediary:

  • Copy, scrape, crawl, mine, spider, record, aggregate, resell, re-transmit, redistribute, modify, translate or otherwise create derivative works of LitBiz Media, its databases, Content, or its user IDs or passwords;
  • Export or re-export LitBiz Media services or its technology and applications in violation of any United States export law or regulation;
  • Violate these Terms of Service;
  • Violate the intellectual property rights, privacy rights or the rights of others;
  • Violate applicable laws and regulations;
  • Frame our Web sites, pages or other Content;
  • Use any automated means to create one or more profiles or user IDs;
  • Offer services or assist any other party to circumvent the restrictions in these Terms of Service;
  • Store or use our databases or Content to create an archival, searchable database of Content or compile data in a way that can be used by a competitive listing product or service;
  • Use our data, information about our customers or Content to send spam, unsolicited communications or other mass communications to consumers or third parties;
  • Use our trademarks, logos, or trade names without our express authorization to solicit your own customers, to imply any affiliation between you and us, or to make misrepresentations about LitBiz Media or us;
  • Make excessive traffic demands on our computer networks, impair, damage, disable or otherwise attack LitBiz Media or our computer networks, or attempt to gain unauthorized access to LitBiz Media through any manual or automated means;
  • Circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, de-compile or disassemble any portion or LitBiz Media or otherwise attempt to derive any source code or underlying ideas or algorithms of LitBiz Media;
  • Remove any copyright, trademark or other proprietary rights notices;
  • Impersonate any person, business or entity, including our company and our employees and agents;
  • Intentionally or negligently mislead others; or
  • Create profiles of a third party without the express authorization from such person or entity.

Your Responsibilities

You are responsible for all activities under your membership account, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through LitBiz Media. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.

Use of Content, Forums, Comment Areas and Message Boards

LIT BIZ MEDIA, LLC PROVIDES THE CONTENT “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. We offer the Content for general information, general discussion, education, and entertainment purposes only. This Content may be provided by us, our Contributors and members. Do not construe any Content on LitBiz Media is endorsed or verified by our Contributors or us. LitBiz Media is not intended to provide personalized investment or other regulated professional advice. Nothing contained on LitBiz Media should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. Our contributors and we are not liable to you or any third party for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users. We do not endorse the opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility to you or any third party, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on LitBiz Media that violates this Agreement, as we determine in our sole discretion.

You acknowledge that we may, but we have no obligation to you or any third party, to investigate and take appropriate technical, legal and equitable action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their membership account and/or reporting such Content, conduct, or activity to law enforcement authorities. We may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of LitBiz Media or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.

Important Terms About the Content You Post on LitBiz Media

LitBiz Media offers features where Contributors may post Content such as business profiles, ratings and comments on forums and discussion boards. You remain the owner of any Content you post on LitBiz Media.  However, by submitting Content to LitBiz Media:

  • You grant us, our affiliates, and distributors a perpetual, worldwide and royalty-free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt and promote your Content, and any information contained within such Content, in any medium including, without limitation, the use of your user name and alias associated with your Content;
  • You grant other users of LitBiz Media free permission to view and use your Content; and
  • We own all rights in any compilation and collective works of Content as organized and presented on LitBiz Media and retained in our databases.

If you participate in any feature on LitBiz Media that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty-free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on LitBiz Media. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from LitBiz Media at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.

In addition to the restrictions specified above, you may not use LitBiz Media to submit Content or engage in any conduct that:

  • Violates laws pertaining to securities and investment advising, including any rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially and including the rule against making false or misleading statements to manipulate the price of any security;
  • Constitutes stock touting;
  • Posts or transmits any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
  • Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, or other proprietary rights;
  • Discloses anyone’s identification documents (such as driver’s license numbers, social security numbers_, financial information, or other private or sensitive information;
  • Is unlawful, threatening, abusive, harassing, invasive of another’s privacy, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • Publishes falsehoods or misrepresentations that could damage any person or entity, or is otherwise defamatory, libelous or deceptive;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Impersonates any person, business or entity, including without limitation, impersonating others to post favorable comments to your profile or business;
  • Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • Violates any applicable local, state, federal, national or international law, statute, ordinance, or regulation including, without limitation, Credit Card Association rules, consumer protection laws, election laws, laws regulating tobacco-related products and electronic cigarette sales, and laws pertaining to unfair competition, false advertising and discrimination;
  • Promotes any form of gambling or lottery type services not affiliated with a state-run lottery service;
  • Promotes dating, escort, strip-tease acts or prostitution;
  • Is associated with illegal telecommunications or cable television equipment;
  • Is associated with the sale of (a) any controlled drug that requires a prescription from a licensed practitioner unless you are authorized by the National Association of Boards of Pharmacy to offer such products as a Verified Internet Pharmacy Practice Site and only if such a prescription has been issued by the practitioner after a bona fide examination of the patient; or (b) any over-the-counter drug, unless the sale of such product, without a prescription, has been approved by the Food & Drug Administration; or (c) nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval; or (d) any drug or controlled substance that Manta believes to be or may become harmful, unlawful, or prohibited;
  • Violate Title IV of the Higher Education Act of 1965, Family Education Rights and Privacy Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, Fair Housing Act or the Fair Credit Reporting Act;
  • Is associated with the sale of firearms;
  • Involves posting “fake” endorsements or recommendations; or
  • Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability.

In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading at http://www.sec.gov/answers/insider.htm.

You acknowledge that posting Content that violate the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on Manta will at all times comply with the terms of this Agreement.

Data Backup

You are solely responsible for backing up any Content that you store on any customizable area on LitBiz Media. We are not responsible for the loss of any data or Content you elect to store on LitBiz Media.

Your Representations

By submitting Content on LitBiz Media, (a) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on LitBiz Media; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.

Fees and Payment – Optional Services and Content

You agree to pay the applicable fees and charges for membership plans and other purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from LitBiz Media are disclosed in these Terms of Service or in the shopping cart; you can also review your payment terms from time to time by visiting the account area on LitBiz Media.

You must give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a service from LitBiz Media, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your profile for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your profile made by you or anyone who uses your account associated with your profile. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on LitBiz Media. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.

LitBiz Media may change, add or delete any aspect of the Service at any time.

Subscription services will remain available during the subscription period and will not be available after the subscription period ends. In instances wherein an immediate deactivation or refund occurs, the availability of services and content may be terminated immediately.

EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION for SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND VENDOR SERVICES ARE PROVIDED “AS IS.” LitBiz Media does not guarantee (a) the appearance and/or location of any listing or advertisement, (b) the level of results you will achieve from the Service or (c) that the Service will meet your requirements.

The LitBiz Media Terms of Service are incorporated by reference and made a part of these terms, including without limitation, all terms related to limitation of liability and indemnification, governing law and venue.

Premium Subscription Services

We may offer from time-to-time additional, premium subscription services on LitBiz Media for business owners and marketing organizations. These premium subscription services will be subject to additional terms, conditions, and limitations for the user for such services. You agree that you are bound by these additional terms when you sign up for these premium services. We provide links below to the terms that govern our current offerings of premium subscription services.

We may bundle various products in different subscriptions. You can elect which bundled services you which to purchase when you place an order with us. Any monthly plans for premium subscription services are payable in advance, are not refundable, and may be canceled at any time by you.  We may offer special prices for longer-term subscriptions that require longer-term commitments, such as three months, six months or a year. Such plans may not be canceled during the term and are non-refundable. All premium subscriptions renew automatically unless canceled by you before any renewal date. We may modify and change these offerings at any time.

LitBiz Media Ad Management Terms

These additional terms govern your subscription and use of LitBiz Media Ads. By signing up for LitBiz Media Ads, you agree to these terms:

  • Subscriptions to LitBiz Media Ads are available on a monthly, quarterly or annual basis, depending on the subscription selected by you.
  • Subscriptions automatically renew on the anniversary date of your subscription. You can terminate your subscription prior to any renewal by by contacting our customer service at 812-703-9102.
  • You may only purchase subscriptions on your own behalf or on behalf of your business.
  • You will pay all charges you incur in connection with LitBiz Media Ads in immediately available funds. You agree to provide a valid payment method for LitBiz Media Ads and you agree to keep this information up to date.
  • Payments are due in advance. These fees are not refundable. Payments are due on the anniversary date of your original order.
  • You authorize and direct us to charge your designated payment method for your subscription or, if your designated payment method fails, to charge any other payment method you have on file with us.
  • You authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us.
  • LitBiz Media’s terms are subject to change at any time.
  • We do not permit or accept ads that (a) violate applicable laws or regulations, (b) violate the rights of others, including the copyrights or trademarks of others, (c) are misleading or inaccurate, or (d) promote (i) counterfeit goods, (ii) dangerous products or services such as weapons or recreational drugs, (iii) products or services that enable dishonest or unlawful behavior, (iv) obscenity, (v) alcoholic beverages, (vi) gambling related products or services, (vii) certain health-related products and services regulated by law, (vii) certain tobacco and similar products (e.g., such as e-cigarettes) regulated by law, or (viii) other products or services we deem in our sole discretion as being inappropriate or offensive.
  • All content and information submitted by you shall be subject to our character limits, quality standards, LitBiz Media Terms of Services, and other applicable listing policies.
  • We may reject or remove any such content, in whole or in part, in our sole discretion, or modified at any time to comply with our policies and these terms.
  • We do not guarantee (a) the appearance and/or location of any listing, (b) the level of results you will achieve from LitBiz Media Ads or (c) the LitBiz Media Ads will meet your requirements.
  • You grant us a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of LitBiz Media’s business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all listing content and all trademarks and branding associated with your business for your LitBiz Media Ads listings.
  • You represent and warrant that you have all rights to provide the content and trademarks you submit for your LitBiz Media Ads listings.

Search Terms

The following sets out the terms and conditions on which LitBiz Media, LLC. offers you access and use of LitBiz Media Search Engine Marketing (the “Service”).  Please read these terms carefully.

By registering for LitBiz Media, LLC’s search engine marketing services, you signify that you accept and agree to the following terms.
If you do not agree, you must not use the Service.

  • The LitBiz Media Terms of Service and the following supplemental terms serve as a contract between you and LitBiz Media, LLC. (“LitBiz Media”) and its vendors regarding your rights and obligations with the Service.
  • The following terms also apply: (a) the Google AdWords Terms and Conditions, (b) Google AdWords policies www.google.com/ads/policies, the Google Privacy Policy available at www.google.com/privacy.html; the Advertising Cookies Policy available at www.google.com/ads/cookies; and the Trademark Guidelines available at www.google.com/permissions/ guidelines.html.
  • The Service is an advertising platform that makes bids to place advertising on the Web, such as search engines, based on your monthly budget. Placements and prominence of your advertising will depend on the nature of the products and services you offer, the bidding price to purchase ad impressions, your budget, and the competition for advertising placement.
  • You may cancel an advertisement at any time before the earlier of auction for the advertisement or placement; however, you may be responsible for cancellation fees if you cancel an advertisement after a commitment has been made for placement of an advertisement. Generally, cancellation of an advertising campaign will take effect in 8 business hours.  You are responsible for all fees accrued through the cancellation of the advertisement. LitBiz Media has no obligation to serve advertisement for an amount that exceeds your monthly budget.
  • Your registration information must comply with the LitBiz Media Terms of Service. Manta may reject any registration for any reason. You may only purchase subscriptions on your own behalf or on behalf of your business. You agree to pay the fees for the subscription plan selected by you.
  • You agree to provide a valid payment method for the Service and you agree to keep this information up to date. You agree that your fees serve as a budget to bid on advertising.
  • All fees are due and payable in advance. Fees are not refundable.
  • You authorize and direct us to charge your designated payment method for your subscription or, if your designated payment method fails, to charge any other payment method you have on file with us.
  • You authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us.
  • Any unused credits from your monthly fees will be rolled over for use in the following month.
  • You will pay (i) all taxes and other government charges and (ii) reasonable expenses and attorneys’ fees that we may incur in collecting late payments.
  • You agree that charges and any credits will be based solely on measurements made by us and our vendors and the applicable billing metrics (e.g., clicks or impressions).

Advertising Content

You may not submit content, creatives or advertising materials that (a) violate applicable laws or regulations, (b) violate the rights of others, including copyrights or trademarks of others, (c) are misleading or inaccurate, (d) violate the LitBiz Media Terms of Service, or (d) promote (i) counterfeit goods, (ii) dangerous products or services such as weapons or recreational drugs, (iii) products or services that enable dishonest or unlawful behavior, (iv) obscenity, (v) alcoholic beverages, (vi) gambling related products or services, (vii) certain health-related products and services regulated by law, (vii) certain tobacco and similar products (e.g., such as e-cigarettes) regulated by law, or (viii) other products or services we deem in our sole discretion as being inappropriate or offensive.

All content and information submitted by you for the advertisements shall be subject to LitBiz Media’s character limits, quality standards, LitBiz Media Terms of Services, and other applicable listing policies.

You grant us a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of LitBiz Media’s business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all information, creatives, content and all trademarks and branding associated with your business for the Service.

LitBiz Media may reject or remove any such content, in whole or in part, in our sole discretion, or modified at any time to comply with our policies and these terms. You represent and warrant that all information and authorizations provided by you are complete, correct and current.

SEO Service Terms

LitBiz Media, LLC. (LitBiz Media) agrees to provide SEO subscribers with monthly search engine optimization (SEO) services. LitBiz Media will perform initial keyword research and make recommendations related to the subscriber’s business and industry. Following approval of the recommended keywords, LitBiz Media will begin onsite and offsite optimization.

Search Engines ultimately choose which rankings are assigned to websites. While our practices have historically given our customers higher search rankings, no SEO provider, including LitBiz Media, can guarantee rankings on search engines.

However, while no one can guarantee specific rankings, LitBiz Media will waive your fees for any month if your campaign is not growing. We ensure that we capture a minimum of 5 new keyword rankings from relevant search phrases that have generated search-based clicks to your website. Also, while individual keyword rankings may increase or decrease, there will be a minimum net ranking gain of 25 positions for all active rankings. Your service fee will be refunded to you in any month those two conditions are not met. That refunded amount will automatically be applied toward the following month of SEO service unless otherwise specified. 

As compensation for LitBiz Media’s performance of these services, you agree to pay the agreed-upon amount for Account Setup and Monthly SEO Services. The first month’s payment must be received prior to commencement of services and each month’s payment must be received in advance of services being provided.

Following a request for cancellation, services will be rendered through the end of the current billing cycle. Refunds will not be offered for services already performed.

Websites Service Terms

The Agreement, as supplemented by the following product terms, governs your use of Websites products. Our Websites products are provided by LitBiz Media, LLC. and its third-party suppliers. (collectively, “we”). By registering for the Websites service, or by using the Websites product, you agree to these terms and the general terms of the Agreement.

LitBiz Media, LLC (LitBiz Media ) agrees to provide you with monthly Website Services which are to include the 1) creation of your website as well as 2) ongoing technical support and maintenance edits. Your assistance will be required to provide initial website instructions and assets such as your business logo or images that you desire to be presented on the website. LitBiz Media will be unable to complete the website creation without your participation.

As compensation for LitBiz Media’s performance of these services, you agree to pay the agreed-upon amount for Account Setup and Monthly Website Services. The first month’s payment must be received prior to commencement of services and each month’s payment must be received in advance of services being provided.

Some advertised features may only be offered upon request. Advanced or non-standard feature requests may not be available or may incur an additional fee.

Following a request for cancellation, services will be rendered through the end of the current billing cycle. Refunds will not be offered for services already performed.

Upon the termination, expiration or cancellation of your Website subscription (a) we will discontinue your website; (b) we shall have no obligation to save or archive the content or other information related to your site, and (c) you remain liable for any outstanding fees for your member account.

You are solely responsible and liable for any use of the Website services that occur under your membership account and for any content uploaded by users on your Website. We have the sole discretion to take down or remove a website if the content or use of the website does not comply with the use policies of our providers due to being offensive, illegal or otherwise against our terms of service.

We have the sole discretion to select the means, manner, and method for providing the Websites services, including those regarding the design, layout, hosting, transmission, publication, publishing and editorial guidelines, and/or display of any user website. All information and Content you provide for the Websites service are licensed to us and subject to the obligations detailed in the Agreement. We assume no responsibility for the Content that you provide or post. We may, but we are not required to, take such action to take down or report Content that violates the Agreement or applicable laws and regulations.

We and our suppliers own all rights, title and interest in and to the Websites service, including any and all copyrightable materials, including any artwork, graphics, images, website templates and widgets, computer code (including html), applications, and interfaces.The content on LitBiz Media websites may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by LitBiz Media.

Display Ads Terms

Submitting Material:

Each time you submit Material to this Site you represent and warrant that you have the right to post it, which means:

     i.      you are the author of the Material, or

     ii.      the Material is not protected by copyright law, or

     iii.     you have express permission from the copyright owner to post the Material on this Site.

You also represent and warrant that the information you submit is accurate. You further represent and warrant that the Material you submit does not violate these Terms of Use, that it will not cause injury to any person or entity, and that it does not violate any third party’s proprietary, statutory, or common law rights.

All Advertisements Are Posted By Other Users

This Site provides a means for sellers to advertise items and for buyers to connect with sellers of items. You acknowledge that the Company is not the seller of the items listed on this Site and that any transaction is entered into solely between the buyer and seller of the item. All advertisements are posted by other users, not by the Company. The Company is not involved in the actual transaction between buyers and sellers. As a result, the Company has no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.

Accordingly, the Company is not responsible for the quality, safety, or legality of the items advertised, the truth or accuracy of the advertising campaigns, the ability of sellers to sell items or the ability of buyers to buy items; you are and shall remain solely responsible for all content and Materials you submit to or in connection with this Site. We cannot ensure that a buyer or seller will actually complete a transaction. Buyers and sellers are responsible for resolving any disputes that may arise from transactions related to or resulting from advertisements placed by other users. You are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which you participate. All advertisements must comply with applicable city, state, and federal laws as well as provide adequate, non-misleading information to consumers. The Company reserves the right to screen, refuse to post, remove or edit advertisements, or any other Material at any time and/or for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to screen or to monitor any content or Materials posted by our users.

You are and shall remain solely responsible for all content and Materials submitted to or in connection with the Site.

Access Costs

You must provide at your own expense the equipment and Internet connections that you will need to access and use LitBiz Media. Those costs are in addition to any purchases you make from LitBiz Media. If you are accessing a Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location.

Mobile and Wireless Services

We may offer from time-to-time mobile applications and services. If you access LitBiz Media through mobile and/or wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and email), web browsing, SMS/MMS alerts and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from litbizmedia.com that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.

You acknowledge and agree that any SMS/MMS alerts and messages may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing us your phone number, you expressly consent to receive the SMS/MMS alerts through automatic dialing technology, artificial and pre-recorded voice. You can reply STOP to any text messages you receive to discontinue the messaging services.

You agree that we may send you “push notifications” through LitBiz Media applications that you may install and use on your devices. You may opt out of receiving push notifications by going to your device settings, click on “notifications”, and then adjust those settings for our applications.

When you use a location-enabled service provided by us, we may collect and process information about your actual location. For example, when you conduct a search, the approximate location of your device will be sent to us along with the search terms, time and date of your search and a unique identifier generated by the application. This information will be used to provide you with LitBiz Media services. By using a LitBiz Media location-based services, you authorize us to locate your device and to record, compile and display your location in accordance with this Agreement and the LitBiz Media Privacy Policy. You agree that Google, Inc. may collect information when you use its mapping applications provided on LitBiz Media under its privacy policy located at http://www.google.com/privacy.html.

You may withdraw this consent at any time by going to the location services setting on your device and turn off the global location service settings and/or the other location settings on your device.

Cancellation Policy

All LitBiz Media subscriptions are established on automatic renewals. Customers will be charged for their subscription on their renewal date unless we are notified to cancel services via phone at 812-703-9102 or by online request at least 3 business days prior to the renewal date. After a subscription is canceled, the service will remain active for the duration of the subscription period and then the company profile will revert to a free company profile.

Due to the type of information and services being sold, we, unfortunately, cannot accept returns of articles, profiles, lists or reports once they have been delivered to you. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.

Please be sure to read all available information about a product and our terms of service before you place your order.

Please note that we are available Monday through Friday from 9 am to 5 pm ET, excluding holidays or other special designated days.

Billing Problems and Disputes

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

Terms for Agencies, Agents and Representatives

If you establish a LitBiz Media account or profile on behalf of a company, organization, entity or brand as a representative or agent (such as a marketing or advertising agency, the “Agency”): (a) the terms “you” and “your”, as used throughout the Agreement apply to both Agency and Agency’s client (the “Client”), as applicable and (b) Agency agrees to abide by all the terms of this Agreement and the following supplemental terms.

You understand and agree that (a) Agency is acting as agent for a disclosed principal (i.e., the Client) and (b) Agency will act as agent for taking responsibility and making payment on all amounts due for purchases made from LitBiz Media. Agency shall provide a payment method for purchases as described in this Agreement. Client and Agency shall be jointly and severally liable for the payment of sums due hereunder, but we agree to look initially to Agency for the payment of sums due hereunder. Nothing in this Agreement relating to the payment of transacted amounts by Agency shall be construed so as to relieve Client for breach of its obligations under this Agreement.

Agency represents and warrants that Agency is the duly authorized agent of Client with full power to act on Client’s behalf with respect to this Agreement, and Agency has the power to enter into, deliver and perform this Agreement on behalf of Client and Agency. The individual(s) executing this Agreement on Agency’s behalf is/are authorized to execute and deliver this Agreement. Agency agrees that this Agreement is the legal, valid and binding obligation of Agency and/or Client, and shall be enforceable against Agency and/or Client in accordance with its terms.

We may from time to time offer special promotions and promotional pricing for Agencies on behalf of their Clients. Such promotions will be subject to additional terms that supplement this Agreement that you agree is binding on Agency and Client (“Promotions”). We reserve the right to cancel Promotions early or to extend offers without notice.

Disclaimer of Warranties

We provide LitBiz Media “as is”, “with all faults” and “as available.” YOUR USE OF LITBIZ MEDIA IS AT YOUR OWN RISK. Our Contributors and we make no express warranties or guarantees about LitBiz Media and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT LITBIZ MEDIA AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF LITBIZ MEDIA. WE DO NOT GUARANTEE THAT LITBIZ MEDIA WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE LITBIZ MEDIA AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

Limitation of Liability

OUR PARENT, OUR CONTRIBUTORS, OUR DISTRIBUTORS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF LITBIZ MEDIA. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON LITBIZ MEDIA, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE LITBIZ MEDIA SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR LITBIZ MEDIA SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.

Termination

We may cancel or suspend your access to LitBiz Media at any time, without cause and/or without notice. Your right to use LitBiz Media will end once your service is terminated, and any data you have stored on LitBiz Media may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of LitBiz Media. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices

You agree to transact with us electronically. You agree that these Terms of Service have the same effect as an agreement signed in writing. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding LitBiz Media (collectively, “Notices”) or anything related to your use of LitBiz Media. We can send you electronic Notices (1) to the email address that you provided to us during registration; (2) via text message if you elected to receive any mobile alerts, (3) by posting the Notice on LitBiz Media s web page, mobile pages or applications. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.

You can review these terms in our Terms and Conditions. Our terms and other Notices are designed for access on most current Internet Web browsers and on the mobile devices in which we offer mobile applications and services.

In order to transact with us electronically, you must have a device and an Internet browser capable of accessing and browsing the Internet. If you wish to print a copy of the Term of Services, your device must have access to a printer that can print web pages from the print function of your Internet browsers. Also keep in mind that the “print” features on many devices and browsers will enable you to save a copy of the terms as a “note” or “PDF” file on your device.

Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted on LitBiz Media constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of Indiana governs this contract and any claim or dispute that you may have against us, without regard to Indiana’s conflict of laws rules. You further agree that a court located in Vigo County, Indiana will resolve any disputes or claims that you may have against us.

Assignment

We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

Procedure for Making Claims of Copyright Infringement

We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
  • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
  • Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  • Your name, address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on this site can be reached as follows:

By email: info@litbizmedia.com

By Phone: (812) 703-9102

Binding Individual Arbitration

You and LitBiz Media, LLC agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATION, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATION ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST LITBIZ MEDIA, LLC. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Vigo County, Indiana, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. LitBiz Media, LLC will reimburse the arbitration fees due to the American Arbitration Association for individual arbitration brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and LitBiz Media, LLC also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Terre Haute, County of Vigo, or federal court for the State of Indiana.

These terms are applicable to any platform, service, website, or location in which LitBiz Media, LLC and/or its executives conduct business or has a profile. Terms and Conditions for any services provided on another platform or website are in addition to the terms included in this agreement, examples of which may be those provided by but not limited to Google, Meta, Facebook, Instagram, Twitter, LinkedIn, Amazon, Hulu, Spotify, Reddit, Yelp, iHeart Radio, TikTok, Snapchat and any relevant parent companies of these as well as any other services or websites we choose to use to provide you services. You understand and agree that it is your responsibility to read any Terms and Conditions provided by these providers as well and that by agreeing to our Terms and Services by continuing to access or utilize our website, profiles, or services you also agree to the Terms and Services of these entities.

 

 

Last Updated: July 31, 2023