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STATEMENT OF QUALITY CONTROL
CONTACT INFO
LEGAL TERMS & GENERAL DISCLAIMER
STATEMENT OF QUALITY CONTROL
Subscriber businesses listed on this site are expected to promote and maintain an acceptable level of fair and ethical business practices. Reports of unfair or unethical subscriber business practices will be investigated. We reserve the right to remove any business from this site for any reason.
To report unfair or unethical business practices concerning a business on this site, contact:
Everything Local
P.O. Box 1386
West Point, CA 95255
phone: 209-293-4900
fax: 209-293-7458
Or contact us by email at report@EverythingLocal.info
CONTACT INFO
Everything Local
P.O. Box 1386
West Point, CA 95255
Phone: 209-293-4900
Fax: 209-293-7458
Email: info@EverythingLocal.info
I want to list my business
Legal Terms & General Disclaimer
MyAmador and MyCalaveras Web sites are properties of Everything Local, West Point, CA. By accessing, reading, writing or browsing Everything Local Web sites or affiliate sites, you agree to abide by the terms of use set out below and accept the General Disclaimer which follows.
Everything Local does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products").
You hereby acknowledge that any reliance upon any Materials shall be at your sole risk.
Everything Local reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
The service and the materials are provided by Everything Local on an "as is" basis, and Everything Local expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the service or any materials and products. In no event shall Everything Local be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. Everything Local encourages you to exercise discretion while browsing the Internet using this site. The site may direct you to sites containing information that some people may find offensive or inappropriate. Everything Local makes no representations concerning any endeavor to review the content of sites listed in the directory or any of the Materials, and Everything Local is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the directory or in the Materials.
Terms of Use
Many portions of Everything Local Web sites are open for anyone to view, read, or download. You are responsible for your own actions, words, and statements while you are connected to Everything Local. By visiting Everything Local Web sites, searching for local businesses, or placing a classified ad on Mother Lode Marketplace, you are indicating your agreement to be bound by the terms of use. These terms may be modified periodically by Everything Local in its discretion. You should return to this page regularly for the current terms.
Everything Local cannot guarantee security, but reasonable steps are taken in an effort to maintain security on the system. If you feel security has been breached, please bring up your concerns with an Everything Local staff member. If Everything Local suspects that an account may be in use by someone who is not authorized by the account holder, Everything Local may temporarily disable that account. Everything Local reserves the right to reject material, remove material from the site, refuse service to anyone and to cancel an account at any time in it's sole and absolute discretion.
All persons placing material on the site are legally and ethically responsible for their work - writings, files, pictures, or any other work - posted or transmitted using any of Everything Local's services including, but not limited to: email, conferencing, the World Wide Web, USENET, or any other service that allows interaction or dissemination of information.
In posting works on Everything Local, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, the right not to be libeled or slandered. Anyone wishing to post a copyrighted work on an Everything Local Web site is responsible for obtaining the copyright holder's permission first.
In posting a work via any service offered by Everything Local, you authorize any member of the public who has access to that service to make personal and customary use of the work, including creating links to your work or reposting it among conference areas to which the author has access, but not otherwise to reproduce or disseminate it unless permission has been given. You also give permission to Everything Local to copy your works as part of the normal backup process, and to archive topics containing your works. Subject to any agreement between Everything Local and the content provider regarding the copyright of original work posted by a member of the public or other content provider, Everything Local becomes the owner of all electronic data via posted articles, discussions, etc. and does not allow reproduction of this work unless specifically granted to an individual or organization for a one time use, and Everything Local is cited as the owner. You alone are responsible for the content of your messages, and the consequences of any such messages.
Everything Local reserves the right to terminate your use of the site if you are violating any of the following guidelines. Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. Everything Local is to be used by you for your personal use only. Commercial uses of Everything Local Web sites are strictly prohibited unless prior written consent from Everything Local has been granted. You agree that you will not use any service of Everything Local for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use Everything Local to send or post on message boards, any message(s) or material that is not in accord with the Everything Local Code of Acceptable Use or that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Everything Local reserves the right to delete any such material from the site. Copies of the Everything Local Code of Acceptable Use may be obtained from the company on request to info@everythinglocal.info.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of Everything Local. You further agree not to use an inappropriate user name of any kind. If you do happen to choose an alias that a person, group, or organization deems inappropriate, you will be asked to consider changing it. If you feel that it has no inappropriate connotations, then Everything Local will review both parties' cases and make a final and binding judgment.
You agree not to post or use Everything Local Web sites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. Unless otherwise expressly agreed to in writing, it is agreed that by submitting content to any part of Everything Local Web sites, including, but not limited to: message boards, forums, contests and chat rooms, you grant Everything Local and its affiliates the royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
Everything Local is not responsible for any material and/or data obtained through downloading or other means, which may be responsible for any damage to your computer system, data, or any personal objects. Everything Local cannot and does not guarantee the accuracy or completeness of any information provided on the site by Everything Local staff or other persons or members. Everything Local is not responsible for the content or links to the content of the Internet, World Wide Web, FTP sites, USENET, or any other service that is outside of the Everything Local Web sites. Everything Local takes no responsibility for the quality, suitability, functionality, or legality of any site which may be linked to or from Everything Local Web sites. If Everything Local permits visitors to post classified ads, Everything Local takes no responsibility in the accuracy of the content or suitability of these.
Everything Local encourages members to engage one another in debates, but does not condone personal attacks on members. Ideas can be disputed or challenged, but attacks on a personal level are unacceptable and if they are brought to the attention of the staff, will be dealt with accordingly. Ideas can be attacked, but individuals cannot. In the event that Everything Local determines that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community served by Everything Local, Everything Local reserves the right to: (i) warn you via email that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s); (iii) delete all content provided by you to Everything Local; (iv) revoke any membership in Everything Local Web sites and/or any other future Everything Local services, (v) take any other action which Everything Local deems necessary and appropriate.
Trademark Information: "Everything Local" and "Everything Local!" are U.S. Trademarks owned by Everything Local of West Point, CA, as registered with the U.S. Patent and Trademark Office. Copyright © 2005 Everything Local. All Rights Reserved.
Legal Terms regarding hosting of Web sites and/or Web pages on Everything Local properties, including My Calaveras (www.MyCalaveras.com) and My Amador (www.MyAmador.com), and/or any affiliated sites
This agreement between the Client being the person or entity for whom the Internet website or service is provided (herein called “the client”) and Everything Local and subsidiary or affiliated companies (herein called "Everything Local") or any affiliated site or service includes the following terms:
Under this Agreement, you must comply with the terms of the current "Acceptable Use Policy," of Everything Local as set out on this page. Such terms may be revised by Everything Local during the currency at any time by Everything Local posting generally applicable revisions and from the date of such posting such revisions shall be binding on both parties. In the event that such revisions are not acceptable to the client, the client has the option to terminate this agreement within sixty days of the posting of such revisions and on sixty days written notice in which case any additional monthly payments after the end of the sixty day notice period shall be waived and Everything Local will have no other liability to the Client.
1. Websites or Web pages provided under this contract to the client are hosted by Everything Local for the Client's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Client. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated prior. Termination of services must be faxed or delivered by certified mail at least 30 days prior to the termination date. Phone and email notification is not acceptable.
2. Everything Local's services are provided on an as-is, as-available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Everything Local expressly disclaims any representation or warranty that the Everything Local services will be error-free, secure or uninterrupted. No oral advice or written information given by Everything Local, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. In the event of any error in any information on the Client’s Web site or Web page, regardless of who posts such information, Everything Local's sole responsibility will be to correct such error within a reasonable time of receipt of notice of such error from the client. The terms of this Section will survive any termination of this Agreement.
3. The Everything Local account and/or related electronic services can only be used for legal purposes under all applicable international, federal, state, and municipal laws. Further, the Client agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Everything Local, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Everything Local based upon the severity of the violation. Everything Local reserves the right to refuse service if any of the content within, or any links from, the Client's Web site is deemed illegal, misleading, or obscene, or is otherwise in breach of Everything Local's then current Acceptable Use Policy, in the sole and absolute opinion of Everything Local. Notwithstanding anything in this Agreement, the content of the Client's Web site is the sole responsibility of the Client. The Client agrees to indemnify and hold harmless Everything Local from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Everything Local, (collectively, “Claims”) related to or in connection with the content of the Client's website. The terms of this Section will survive any termination of this Agreement.
6. The Client agrees not to harm Everything Local, their reputation, computer systems, programming and/or other persons using Everything Local services. Everything Local reserves the right to select the server for Client's Web page or Web site for best performance. The Client understands that the services provided by Everything Local are provided on a shared server. This means that one Web page or site cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Client's Web site overwhelms the server and causes complaints from other users, the Client has outgrown the realm of shared servers, and will need to relocate it's website. Everything Local will refund any unused portion of prepaid services. If the Client refuses to comply with this Section, then Everything Local has the right to terminate the services provided to the Client without any refunds of the unused portion prepaid by the Client. The Client agrees to indemnify and hold harmless Everything Local and any other Client from any and all Claims resulting from the Client's use of the services provided by Everything Local The terms of this Section will survive any termination of this Agreement.
7. The Client's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Everything Local.
8. The Client may not sell or resell advertising or webspace on an Everything Local Web site or Internet service to a third party. The e-mail distribution by the Client of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Client refuses to remove any advertising or other third party content deemed objectionable by Everything Local, Everything Local may terminate the services being provided to the Client.
9. Everything Local will use its best efforts to maintain a full time Internet presence for the Client. The Client hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Everything Local or its affiliate Web sites be liable to the Client for any damages resulting from or related to any failure or delay of Everything Local or affiliate Web sites in providing access to the Internet under this Agreement. In no event shall Everything Local or affiliate Web sites be liable to the Client for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Everything Local or affiliate Web sites under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Client hereunder. The terms of this Section will survive any termination of this Agreement.
10. The Client is responsible for maintaining the confidentiality of his/her password, if applicable. In the event of a breach of security through the Client's account, the Client will be liable for any unauthorized use of the Everything Local or Everything Local services or affiliate Web sites, including any damages resulting therefrom, until the Client notifies Everything Local's customer service.
11. If Everything Local assigns the Client an Internet Protocol address in connection with the Client's use of the Everything Local services, the right to use that Internet Protocol address will remain with and belong only to Everything Local, and the Client will have no right to use that Internet Protocol address except as allowed by Everything Local in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Client and Everything Local with respect to the Everything Local services and supercedes all prior agreements between the Client and Everything Local. Everything Local's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration under the arbitration laws of the State of California and/or Calaveras County, CA, upon the written demand of either party. Arbitration shall take place in Calaveras County, CA. The terms of this Section will survive any termination of this Agreement.
14. The Client agrees to indemnify and hold Everything Local and Everything Local affiliates harmless from any and all Claims resulting from or connected with any activities conducted by the Client. The Client and Everything Local will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. Everything Local may include the Client's name and contact information in directories of Everything Local service subscribers for the purpose promoting the use of the services by additional potential clients. However, Everything Local is not authorized to print the Client's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Client.
16. The interpretation and enforcement of this Agreement shall be governed according the laws of the State of California and/or the county of Calaveras and the federal laws United States of America applicable therein. The Client hereby consents to personal jurisdiction in the federal, state and county courts for any action arising out of or relating to the Client's use of the Everything Local or Everything Local services. The federal, state and county courts will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
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