TERMS OF SERVICE
LAST UPDATED ON AUGUST 23RD, 2016
Hey! What’s Up? Hello! Welcome to our Terms of Service. These are our terms and conditions for using our website, the keys to the kingdom if you will.
Cheesy greetings aside, our Terms of Service are no joke. By using the Hampton Roads Directory, you agree to these terms and conditions (the “Terms”). This is a legal agreement and a binding contract with Hampton Roads Directory, a Simon Media, LLC product located in Norfolk, Virginia. Do not use our Site if you do not agree to these Terms.
Now that we got the scary stuff over, let’s talk about some definitions.
When we say “we”, “us”, “Hampton Roads Directory”, and “HRD”, we are referring to Hampton Roads Directory, a Simon Media, LLC product. Our “Site” is our website and mobile application. “Our services” include those website, email, and mobile application features and operations. “You” and “your” refer to you, the HRD user. “User” refers to someone who explores, discovers, connects, and in any way uses our Site. “Stops” refer to third party businesses using our services.
When we say “Content”, we are referring to all data, text, photos, images, audio or video and location information and any other communication. “Your Content” refers to the content that you submit to the Site like ratings, reviews, or account information. “User Content” is the content other users submit to the Site. “HRD Content” is the content we create for the Site. “Stop Content” is content made by Stops for the Site. “Site Content” is all the content on the Site.
Pretty straightforward, right? Now on to the fine print
Any shake ups
We may change the Terms at any time. The Terms active at the time will govern your usage of the Site. We will notify you by email or by posting a notice if we make any material changes. We will also display the date of revision at the top of this page. Make sure to keep up with our changes because this is a legal agreement. Any changes become effective after posting and you are legally held to those changes immediately.
It’s pretty simple. In order to use Hampton Roads Directory, you must be at least sixteen (16) years old to be a user, and be at least eighteen (18) to represent a Stop.
We grant you permission to use the Site under these Terms. Our house, our rules.
Your site usage is at your own risk. So don’t act a fool.
Like a business,we open and close at our discretion. At anytime without notice or liability, the site may be changed, updated, interrupted, inoperative, or discontinued.
Without an account, you cannot access certain features or services of HRD. You have to create an account and provide specific information to change this. Your password is your responsibility. Your account activity is also your responsibility. You agree to notify HRD of any potential unauthorized account use. We reserve the right to close your account at any time for any reason.
I’m not a businessman, I’m a business, man.
There are only certain features and services you can access when you create a business account. By creating a business account, you can manage multiple Stops. You also agree to submit only accurate account and Stop information. You may only apply to manage Stops that you are a legal representative of. If someone is misrepresenting your business, contact us here.
Connecting with Stops
HRD has the 411 and is kind of like the actual 411 (for the kids out there: you can call 411 and they can connect you to anywhere). We connect you to the latest and greatest Stops, but once you are connected, it is out of our hands. When you contact Stops through the contact form by clicking “Send e-mail”, the communication goes over to your email service. By contacting a Stop, you consent to receive communications from them. By having an account, you consent to receive communications from HRD itself.
The meat and bones of HRD
Let’s talk about Responsibility
Your Content is your responsibility alone. Once published, it is public on the internet and cannot always be taken down. Any risk associated with Your Content is yours. This includes the Content’s quality, accuracy, and reliability. Your Content is directly associated with your identity on the site. Posting Your Content means that you own or have the necessary authorization to use Your Content. In no way should Your Content suggest that it is sponsored or endorsed by HRD.
You may be liable if Your Content contains any material that is intentionally misleading, false or defamatory; or if Your Content violates any third-party right, including copyright, patent, trademark, trade secret, privacy right,
moral right, right of publicity, or any other intellectual property or proprietary right; or if Your Content contains material that is unlawful, including pornography or hate speech of any kind; or if Your Content exploits or otherwise harms minors; violates or advocates the violation of any law or regulation.
HRD using Your Content
By posting Your Content to our Site and Services, you grant us royalty free, worldwide and non-exclusive, assignable, perpetual, sublicensable and transferable rights to Your Content, irrevocably, for any purpose. We have a right to use, reproduce, copy, adapt, distribute, publicly display and promote or create derivative works from it, and allow others to do the same in conjunction with their own websites and media platforms. With respect to Your Content, you waive, and/or cause to be waived, against HRD and users any claims and assertions of moral rights or attribution.
You own Your Content. We own Our Content. What that means: We own the Hampton Roads Directory Content everything excluding Your Content, User Content, and Third Party Content. Our Content includes but is not limited to all visual and interactive interfaces and features, graphics and design, computer code, products, software, aggregate ratings, and our assembly of User Content. Protected by copyright, patent, trademark laws, trade dress and all other applicable intellectual and proprietary rights and laws, HRD own the copyrights, trade names, trademarks, service marks, and in correlation with the HRD Content and the Site. Unless authorized by us, you may not change, recreate, distribute, adapt, publicly display, or misuse in any way the HRD Content in part or in whole. Other than what is outlined unambiguously here, we do not grant you any express or implied rights, and we retain all rights in and to the Site and the HRD Content.
HRD and our licensees may use Your Content in publicly displayed advertisements without any compensation to you. The advertising is subject to change without notice to you.
That’s just like your opinion, man
User Content does not necessarily reflect the opinion of HRD. With any reason, or no reason, and without informing you, we reserve the right to remove or reinstate, filter, edit, or screen User Content. We do not guarantee any confidentiality with respect to Your Content. We may not retain or provide you with copies of Your Content.
Please let us know if you believe another user has violated the Terms. You can let us know here. That being said, we reserve the right to investigate and take action our discretion and we are under no obligation to enforce the Terms on your behalf.
Use the Site and Services to misappropriate or violate any third party’s rights including, but is not limited to, any copyright, trademark, trade secret, patent, moral right, or privacy right
Harass, threaten, stalk, harm, intimidate, promote bigotry or discrimination, impersonate or attempt to impersonate
Use the Site and Services for commercial purposes including but not limited to promoting any commercial venture or event, except when permitted by HRD and in connection with a claimed Stop
Use the Site and Services to send mass emails, surveys, or other mass communications including solicitation, junk mail, or promotional materials
Solicit personal information from minors
You also agree not to, and will not help, enable, or incite others to:
Violate the terms
Unless expressly authorized by HRD, reproduce, duplicate, copy, modify, sell, re-sell, or exploit the Site or Site Content (other than Your Content)
Access , download, monitor, or copy any portion of the Site or any Site content through use any form of robot, spider, site search/retrieval application, or other automated device
Reverse engineer, reformat, or re-engineer any part of the site
Create or populate a searchable database of business reviews with any portion of the Site
Mine information about other users
Make excessive traffic demands or in our sole discretion, take any action that places a disproportionately large load on HRD’s technology infrastructure
Attempt to gain unauthorized access to the Site or any network connected to the Site through hacking, password mining, or any other illegal or unauthorized means
Test the vulnerability of the Site or any network connected to the Site, nor breach security of the Site or any network connected to the Site this includes but is not limited to removing, circumventing, disabling, damaging, or interfering with any security features of the Site as well as features that enforce limitations on the use of the Site
Use the Site to transmit or submit any materials that are encrypted or that contain viruses, worms, defects, Trojan horses, or other destructive computer programming routines
Interfere with the proper working of the Site through any device, software, or computer programming routine
Things we hold you to, not found here
You must follow our content guidelines, found here
Deals, Deals, Deals
Our deals are like coupons. When you redeem a Deal through HRD, the terms of the Deal will be listed on the Deal page and those terms apply above any other terms. You must take the Deal to the Stop listed to redeem the Deal. HRD is not responsible for the execution of redemption or the customer service involving the Deal.
Let’s make a Deal
As a Stop, when you create a deal, you consent to maintaining the terms of that Deal. You get to write the terms, so this should be easy. No take-backsies.
Events are in no way affiliated with or endorsed by HRD unless specifically stated. Our Events listings are like a cool flyer for the Event you see on a telephone pole. We are not liable for the Event or anything associated with the event. You assume the risk of going to that Event, in the same way you see events on Facebook and decide to go.
As a Stop creating an event on HRD, you uphold that the Event exists. You also assume any and all liability associated with the Event. You will also not use the Events feature for nefarious purposes.
The larger package you purchase, the more we trick out your Stop.
By purchasing an HRD advertising package, you are contractually obligated to pay us.
Compliments? Suggestions? Beef?
We always want to hear your “Feedback”, your submission of ideas, suggestions, or proposals of any kind to HRD. Through this submission, you agree that
your Feedback contains no third party confidential or proprietary information
Your Feedback is not confidential upon submission
you grant us royalty free, perpetual, worldwide, non-exclusive, assignable, sublicensable, transferable rights to use, change, publish, and distribute Feedback
You waive any claims and assertions of any moral rights contained in the Feedback
The Site may include links or ads to third party sites or applications like a link to their own site or a link to their OrderUp or a link to a picture of puppies. Your use of these third party sites or applications is at your own risk. We do not endorse any third party site and we are not responsible for availability or contents of such sites.
Indemni-wha? According to Google, Indemnity is the “security or protection against a loss or other financial burden”
You agree to defend, indemnify, and hold harmless us and our parents, employees, subsidiaries, affiliates, any related companies from all liabilities, claims, and expenses, including legal fees, from your use or misuse of HRD including all Sites and Services. HRD reserves the right, at your expense, to assume exclusive defense and control of any matter for which you required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without prior written consent of HRD.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCT TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCTMAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCT MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCTIS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
THE HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCT MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCT IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF THE HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCTSHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
THE HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCT’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCT IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE HAMPTON ROADS DIRECTORY, A SIMON MEDIA, LLC PRODUCT DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE OR INVALID, THEN ONLY THAT PROVISION SHALL BE MODIFIED TO REFLECT THE PARTIES’ INTENTIONS OR ELIMINATED TO THE MINIMUM NECESSARY AND THE REMAINDER OF THE AGREEMENT SHALL BE IN FULL FORCE AND EFFECT.
Virginia law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Hampton Roads Directory (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN CITY OF NORFOLK, VIRGINIA.
Baby please don’t go, but if you really must… You can close your account here and thus terminate the Terms as you stop using the Site. We may cancel or suspend your access to HRD at any time for any or no reason without notice or liability. The terms dealing with ownership, indemnity, and limitations of liability still apply even after termination.
We reserve the right to change, update, or discontinue any HRD feature or HRD itself at anytime without notice or liability
When we do provide notices like for Terms of Service updates we use email, regular mail, or post it on the Site.
The Terms are the primary agreement between you and us regarding Site usage, ignoring any previous agreement between you and us. Together, we acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
If HRD fails to exercise and enforce any right or provision of the Terms, this does not affect your agreement and abidance to the terms.
We can assign, transfer, or sublicense the Terms, rights and obligations. You can do this only with HRD’s written consent. Any attempt to assign, transfer, or sublicense without written consent is within violation of these Terms and is void.
The section titles and italic commentary are for convenience only and have no legal or contractual effect.
Woohoo! You made it to the end of our Terms of Service,
you star student/website user. Enjoy the 757!
Copyright © 2016 Hampton Roads Directory, 2800 Granby St, Norfolk, VA 23504 U.S.A.