Always Buy Local

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 6/25/09.

This Terms of Use Agreement sets forth the standards of use of the Always Buy Local Online Service. By using the Always Buy Local, Always Buy Local.com.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Always Buy Local, Always Buy Local.com.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Services
Always Buy Local is providing Member with communications tools, forums, events and other services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties.
The site is provided by Always Buy Local on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Always Buy Local makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Always Buy Local shall have no liability for any interruptions in the use of this Website. Always Buy Local disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability
Always Buy Local and Thirstdays, inc. SHALL NOT be liable for any damages whatsoever, and in particular Always Buy Local shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or Always Buy Local events or the information presented, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Always Buy Local has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification
Member agrees to indemnify and hold Always Buy Local, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service or Attendance of Always Buy Local Events the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Privacy Policy
Always Buy Local shares your concerns about personal privacy. Through the Service, and through other contact with Always Buy Local, Always Buy Local may collect personal information and data including, but not limited to, application and web site usage data, viewing data, file transfer and e-mail data, and personal contact information such as e-mail addresses, mailing addresses and phone numbers. Additionally, Always Buy Local's applications and web sites may use technological facilities for tagging and tracking including, but not limited to, Web cookies, login usernames and other technologies to track and correlate data. Every email contains a mandatory unsubscribe link

The Always Buy Local Service does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- information posted to public areas of Always Buy Local, such as Business Profiles, Personal Profiles, Articles, the Forum, Home Pages, etc., may be accessed by other people and nonaffiliated companies.
- we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- we believe it may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Always Buy Local's terms of use, or as otherwise required by law.
- we transfer information about you if the Always Buy Local Service is transferred to, acquired by or merged with another company.
This policy may change from time to time, and any changes are binding on you. We encourage you to visit this site from time to time to review the most updated policies.
Once you have signed up as a Always Buy Local user, even if you later cancel your userid, any personal data previously collected remains the property of Always Buy Local.
Always Buy Local cannot guarantee the security or accuracy of personal data.
NO PERSONS UNDER THE AGE OF TWENTY ONE ARE PERMITTED TO JOIN Always Buy Local.

Modifications and Interruption to Service
Always Buy Local reserves the right to modify or discontinue the Service with or without notice to the Member. Always Buy Local shall not be liable to Member or any third party should Always Buy Local exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Always Buy Local does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

General Practices regarding use and storage.
You agree that Always Buy Local has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Always Buy Local. You acknowledge that Always Buy Local reserves the right to log off users that are inactive for an extended period of time. You further acknowledge that Always Buy Local reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Always Buy Local makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Always Buy Local makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Username, Password & Security
You will create a username and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Always Buy Local of any unauthorized use of your username or password or any other breach of security. You agree that Always Buy Local cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Governing Jurisdiction of the Courts of Colorado
Our website is operated and provided in the State of Colorado. As such, we are subject to the laws of the State Colorado, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Colorado.

Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material 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. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Always Buy Local, are entirely responsible for all Content that you upload, make available, post, email or otherwise transmit via the Service. Always Buy Local does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Always Buy Local be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not knowingly or intentionally use Always Buy Local to:

1. Upload, make available, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, or otherwise objectionable;
2. harm minors in any way;
3. forge headers or otherwise manipulate identifiers including copyright management information in order to disguise the origin of any Content transmitted through the Service;
4. impersonate any person or entity, including, but not limited to, a Always Buy Local employee, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. upload, make available, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual agreement or relationship;
6. upload, make available, post, email, link to, or otherwise transmit any Content that may be considered Adult in nature;
7. upload, make available, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
8. upload, make available, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "multi-level marketing" or any other form of solicitation, except in those areas or groups that may be designated for such purpose;
9. upload, make available, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. "stalk" or otherwise harass another user.
12. upload, make available, post, link to, email or otherwise transmit any material that may be considered Adult in nature.

You acknowledge that Always Buy Local  shall have the right, in their sole discretion, to refuse membership to any business, individual or organization.  And that Always Buy Local and its designees shall have the right to suspend or teminate any account that violates the TOS or is otherwise objectionable.

You acknowledge that Always Buy Local does not pre-screen Content, but that Always Buy Local and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Always Buy Local and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

You acknowledge and agree that Always Buy Local may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Always Buy Local, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Dealsings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Always Buy Local shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Termination of Use
You agree that Always Buy Local, in its sole discretion, may terminate all or part of your user access, registration, password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Always Buy Local believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Always Buy Local may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Always Buy Local may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Always Buy Local shall not be liable to you or any third-party for any termination of your access to the Service.

No Resale Rights
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any use of or access to the Always Buy Local Service.

Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Always Buy Local.com, with all rights reserved, or is the property of Always Buy Local and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Always Buy Local is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Always Buy Local.

Always Buy Local™ and Always Buy Local.com™ are proprietary marks of Always Buy Local.com. Always Buy Local’s trademarks may not be used in connection with any product or service that is not provided by Always Buy Local, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Always Buy Local.

All other trademarks displayed on Always Buy Local’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Always Buy Local.

Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Always Buy Local.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Eric May
1705 1705 14th Street #389
Boulder, CO 80302
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Botnets
Always Buy Local retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Always Buy Local reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Always Buy Local, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable].

VIOLATIONS

Please report any violations of the Terms of Service to This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it