PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS"). BY CLICKING ON THE "I AGREE" BUTTON AT THE END OF THESE TERMS AND CONDITIONS, YOU AGREE (ON BEHALF OF YOURSELF, INDIVIDUALLY, AND THE BUSINESS) TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS.
These terms and conditions were last updated December 30th, 2010. For purposes of these Terms and Conditions: (1) "BoiseIdaho.com, LLC,", "BoiseIdaho.com", "we," "website", "us" and "our" mean BoiseIdaho.com, LLC; (2) "You", or "Your" means the person clicking on the "I Agree" button and the Business, collectively; (3) "Others" is other users of the website besides You.
We may revoke any or all passwords provided to You (or otherwise deny You or any Password User access to the website in whole or in part, temporarily or permanently, at any time, in its sole discretion), without any liability whatsoever. In the event that we request that You cease using the website, You agree to immediately cease use of BoiseIdaho.com. In addition, we reserve the right to delete or change any information on the website, in whole or in part, at any time, for any reason, without any liability whatsoever. You covenant and agree that You will not use the website for any purpose other than as provided in these Terms and Conditions, and will comply with such guidelines and restrictions as we may impose from time to time with respect to Your use of the website. You agree that these Terms and Conditions will apply to any use of BoiseIdaho.com by You.
You grant us a perpetual, royalty-free, sub-licensable, non-exclusive right and license to use, copy, record, modify, display, publish, publicly perform, distribute (in any form or media), transmit by any means, and create derivative works from the website for such purposes as we see fit, subject to applicable law. You are solely responsible for the enforcement and protection of any intellectual property.
THE TOTAL AGGREGATE LIABILITY FOR US AND OUR AFFILIATES FOR ANY CLAIMS OR OTHER MATTERS ARISING FROM OR RELATING TO USE OF THE WEBSITE OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS IS LIMITED TO $5.00. WE ARE NOT LIABLE FOR CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, OR DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, PROFITS, OR GOODWILL, OR ANY OTHER SPECIAL DAMAGES, WHETHER THE CLAIM IS BASED ON NEGLIGENCE, BREACH OF CONTRACT, OR EXPRESS OR IMPLIED WARRANTY, STRICT LIABILITY, MISREPRESENTATION, STATUTE, TORT, OR ANY OTHER THEORY OF RECOVERY, EVEN IF YOU OR WE KNEW SUCH DAMAGES COULD OR MAY RESULT. WE DISCLAIM ANY OBLIGATIONS, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You agree to not engage in unlawful activities on the website. You acknowledge that Others may, contrary to the terms of this document, conduct illegal activity on the website. You agree that BoiseIdaho.com, LLC is not responsible to you for any damages resulting directly or indirectly from the activitiy of Others.
You acknowledge that the server space upon which BoiseIdaho.com is hosted, and the Internet connections used in connection with submissions through the website may be unsecure. Nothing contained in these Terms and Conditions will be construed to require BoiseIdaho.com, LLC to maintain security of your information.
The foregoing limitations shall apply notwithstanding any failure of essential purpose under these Terms and Conditions. We are not liable to You for any deviation from or change in our policies, practices, and procedures, including without limitation those regarding placement, position, or location of listings or categories.
In any legal proceeding relating to the subject matter of these Terms and Conditions, we and You each agree to waive any right You or we may have to participate in any class, group, or representative actions and further agree to waive any right You or we may have to a trial by jury. Any claim, controversy, or dispute that arises or relates to these Terms and Conditions, including any dispute involving advertising or information that we publish, any omissions, incorrect information, or other errors, shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association. These Terms and Conditions describe the entire agreement between You and SuperMedia, and supersede any other oral or written agreements and representations, whether express or implied, written or oral, with respect to the subject matter of these Terms and Conditions. These Terms and Conditions may be revised only by written agreement signed by a Member of BoiseIdaho.com, LLC. We may assign any of our rights or obligations under these Terms and Conditions. You may not assign any of Your rights or delegate any of Your obligations under these Terms and Conditions without our prior written consent. These Terms and Conditions are binding on and for the benefit of You and Your successors. Except as otherwise set forth in these Terms and Conditions, neither You nor we will lose any of its rights under these Terms and Conditions even if You or we do not enforce a right or delay in enforcing a right. If any provision of these Terms and Conditions is found to be unenforceable, the rest of these Terms and Conditions will remain in full force. Neither You nor we will be liable for any damages arising from acts of God or events outside of Your or our reasonable control. You agree that these Terms and Conditions will be governed by and construed in accordance with, and all matters relating to or arising under these Terms and Conditions will be governed by, Texas law without reference to the laws relating to conflicts of laws.
BY CLICKING "I AGREE", YOU (1) REPRESENT, WARRANT AND CERTIFY THAT (A) YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, (B) YOU HAVE THE LEGAL CAPACITY AND ALL NECESSARY RIGHT AND AUTHORITY, TO AGREE (AND BIND YOURSELF AND THE BUSINESS) TO THESE TERMS AND CONDITIONS, WITHOUT THE CONSENT OR ADDITIONAL APPROVAL OF ANY OTHER PERSON OR ENTITY, (C) YOU, INDIVIDUALLY, AND THE BUSINESS (IF THE BUSINESS IS A NATURAL PERSON) ARE OVER THE AGE OF 18, AND (2) AGREE (ON BEHALF OF YOURSELF, INDIVIDUALLY, AND THE BUSINESS) THAT BOTH YOU, INDIVIDUALLY, AND THE BUSINESS, WILL THEREAFTER BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH ABOVE TO THE SAME EXTENT AS THOUGH EVIDENCED BY YOUR ORIGINAL SIGNATURE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK "I AGREE" AND DO NOT USE THE BUSINESS TOOLS. LIKEWISE, IF YOU DO NOT HAVE AUTHORITY TO BIND THE BUSINESS, THEN DO NOT CLICK ON "I AGREE".