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Terms & Conditions For Using / Viewing The Local SmartBar

Welcome to The Local SmartBar Web site.

Please read the terms of use carefully before using/viewing this Web Site. By using/Viewing this Web Site, you signify your agreement to these terms. If you do not agree with the terms set forth below, please do not use/View this Site. The Local SmartBar may change the terms and conditions of this Site from time to time. Upon any change in the terms and conditions of this Site, The Local SmartBar will NOT notify you . If you do not agree, then you may terminate the use/viewing of this Site at any time. Your continued use of The Local SmartBar Web Site constitutes your agreement that you acknowledge the modifications and that you will abide by the new terms.

You agree and continue to agree to use/view this Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below. THE Local SmartBar reserves the right to remove any message from the site and to block or terminate any user for any reason whatsoever. The term "The Local SmartBar " includes the entity itself, its directors, officers, employees, agents, successors, and assigns.

1. COPYRIGHT--RESTRICTIONS ON USE OF MATERIALS

No material from The Local SmartBar or any Web site operated, licensed, or controlled by
The Local SmartBar may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.. Modification of the materials or use of the materials for any other purpose is a violation of The Local SmartBar copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. You acknowledge that The Local SmartBar remains the owner of the posted materials, and that you do not acquire any of those ownership rights by downloading copyrighted material.

2. DISCLAIMER, LIMITATION OF LIABILITY, AND WARRANTY

YOU AGREE THAT USE OF ANY OR EVERY PART OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Local SmartBar IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE Local SmartBar DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE Local SmartBar DOES NOT WARRANT THAT THE SITE OR MATERIALS IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE Local SmartBar DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR THE SERVICES PROVIDED THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE Local SmartBar SITE, WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT THE Local SmartBar HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING SUCH SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE Local SmartBar WITH RESPECT TO SUCH SITES.

This disclaimer of liability applies to any direct or indirect damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

You specifically acknowledge that THE Local SmartBar is not liable for the defamatory, offensive, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you.

Neither THE Local SmartBar nor any of its agents, affiliates, or content providers shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of use of the service, or inability to gain access to or use the service, or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the Service.

3. CONFIDENTIALITY AND SECURITY

We will take reasonable steps to prevent third parties from illegally accessing any information that you send us. However, there is always some risk that a third party will improperly access your information. By using this Web Site you agree to accept this risk and agree to hold THE Local SmartBar harmless from any claims resulting from improper access to your information.

4. INDEMNIFICATION

You agree to indemnify The Local SmartBar , and their respective employees, agents, and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys' fees) which may arise from your submissions, from your unauthorized use of materials obtained through the Service, or from your breach of the terms of this Agreement, or from any such acts through your use/viewing of this site, your equipment, and your facilities. You further agree that The Local SmartBar is not responsible, and shall have no liability to you, with respect to any material posted by others.

5. ADDITIONAL SPECIFIC RELEASE OF LIABILITY

You understand and agree that you take full responsibility for the decision to access The Local SmartBar Web Site .

The advertisers who provide information believe it to be accurate and reliable. However, the information provided may represent opinion or judgment. Neither the advertisers nor The Local SmartBar guarantee the accuracy or completeness of any information provided and or displayed. Neither The Local SmartBar nor the advertisers will be responsible for any errors or omissions or for the information on The Local SmartBar . Neither The Local SmartBar nor the advertisers shall be liable or responsible to any person or entity for any loss or damage caused, or alleged to be have been caused, directly or indirectly, by the information or ideas contained, suggested, or referenced on this site. Your use/viewing of this site therefore is solely at your own risk. In addition, you hereby release and agree to hold The Local SmartBar , its directors, officers, employees, agents, successors, and assigns harmless from any act of nonfeasance, misfeasance, or malfeasance by the advertisers. You agree to fully indemnify and hold The Local SmartBar , its directors, officers, employees, agents, successors, and assigns, and separately and individually, the advertisers accessed through the Local SmartBar Web Site, harmless from any and all claims, demands, losses, liabilities, damages, or expenses for investigation or reasonable attorney's fees and/or court costs arising out of, or in any way related to, this Agreement, including any personal injury or property damage whether such liabilities, claims or demands arise out of the negligent acts of THE Local SmartBar or from some other cause. Furthermore, The Local SmartBar aggregate liability arising under or with respect to the Agreement, and specifically the advertisers.

6. OTHER

This Agreement shall be governed in accordance with the laws of the State of California, without giving any effect to any principles of conflicts of law. Any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed by the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts of the State of California. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties relating to the subject matter herein and supersedes all previous agreements. Any use of the Service by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications, or new conditions.

I understand and agree to the Terms Stated Above and want to access The Local SmartBar Web site & It's Services.

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