Terms of Service

The website http://www.triValleybook.com (the "Website") is owned and operated by triValleybook.com ("triValleybook.com," "we," "us," "our"). PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. Please note that by visiting or using the Website you signify your assent to the following terms and conditions (the "Terms of Service"). If you do not agree to these Terms of Service, please do not use this Site. These Terms of Service are effective upon acceptance (as described above) for new users and are otherwise effective on August 5, 2007.

1. TriValleybook.com Service

   TriValleybook.com is a neighborhood community-based website that provides users with a rich collection of online resources, including without limitation creating, accessing and sharing information of local businesses and communities, posting opinions about local businesses and communities, hosting business web pages, on and off-line advertising services, and couponing services (collectively, the "Service").
   

2. Eligibility

   You must be 16 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 16 years of age, to use the Website or register as a member of Website. If you are under the age of 16 or the applicable legal age in your jurisdiction, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Service. Membership of the Website is void where prohibited by applicable law, and the right to access the Website is revoked in such jurisdictions. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Website.
   

3. Changes to the Agreement or our Website

   You agree and understand that these Terms of Use and our Website may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Website. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Website after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by us, any new features, new services, enhancements or modifications to our Website implemented after your initial access to the Website shall be subject to these Terms of Use.
   

4. Registration and Security

   In order to use or access some of the Website content or services, you may be required to register with us and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide triValleybook.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. We reserves the right to refuse registration of, or cancel a User ID in our sole discretion. Additionally, you agree that if you provide false information to obtain access to a triValleybook.com business listing that you are not legally entitled to claim, triValleybook.com will be entitled to collect liquidated damages of $1000 per violation or actual damages incurred by triValleybook.com from you. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Website shall be for your personal use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
   

5. Use of the Website

   Subject to the restrictions on use and on posting set forth in this Agreement, you may use the Website to: (i) create, search, and save listings, reviews, discussions, and comments; (2) forward the listings, reviews, discussions, and comments to people you know, whether or not they are existing Website users; (3) invite people to join triValleybook.com; (4) download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Website ("Content"), for your own use. You may not copy or distribute any portion of the Website for any purpose not authorized above without the express written permission of us. TriValleybook.com is not the vendor, seller, or licensor of any content or materials submitted by users to the Webite, nor does triValleybook.com endorse any of them. TriValleybook.com does not guarantee the accuracy, integrity or quality of listings, reviews, discussions, and comments on the Website. You understand that by using the Website you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will triValleybook.com be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit to the Website. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
   

6. Restrictions on Rights to Use

   You agree that you shall not (and you agree not to allow any third party to):
   1. modify, adapt, translate, or reverse engineer any portion of the Website;
   2. remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any Content or other material obtained via the Website;
   3. collect any information about other users or members for any purpose other than to solicit and share listings, reviews, discussions, and comments with other Website users;
   4. reformat or frame any portion of the web pages that are part of the Website;
   5. create user accounts by automated means or under false or fraudulent pretenses;
   6. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   7. create or transmit unwanted electronic communications such as "spam" to anyone whether or not they are users of the Website;
   8. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
   9. use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
   10. copy or store any Content offered on the Website for other than your own use;
   11. use any device, software or routine, or enter or upload any content, that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
   12. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
   13. use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
   14. collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

7. Content Posted By You on the Website

   1. You are solely responsible for any Content and other material that you submit, publish or display on the Website or transmit to other members and/or other website users (hereinafter, "Posted Content").
   2. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
   3. You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by triValleybook.com.
   4. You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
   5. You may not provide any Posted Content that is pornographic or sexually explicit in nature.
   6. You may not provide any Posted Content that is false or intentionally misleading, or is patently offensive to users of the Service.
   7. You may not provide any Posted Content that harms minors in any way.
   8. You understand and agree that we may review and delete any Content on the Website that in the sole judgment of triValleybook.com violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users.
   9. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
   10. By posting Posted Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, triValleybook.com, its contractors, and the users of the Website an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that triValleybook.com shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Website users for purposes of constructing or populating a searchable database.

8. Coupons, Deals, And Promotions

   If you as a merchant use the Service's couponing and other promotional features to provide consumers with a deal, you represent and warrant that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumers through the Service. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify triValleybook.com against any claims by users of the Service that the terms of a coupon or other offered deal were not honored.
   

9. Privacy and Information Rights

   You agree that we may collect and use information that you provide to us or that is otherwise collected about you when use the Site in accordance with our Privacy Policy.
   

10. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIVALLEYBOOK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. TRIVALLEYBOOK.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIVALLEYBOOK.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11. Indemnification

    1. You agree to indemnify, defend, and hold harmless triValleybook.com (and any of its principals, owners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, agents, co-branders, partners, contractors, consultants, suppliers, customers, and other affiliates) from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses due to, or arising out of, your breach of these Terms of Service, your activities in connection with the Website, or your violation of any laws or the rights of a third party.
    2. You agree that upon registering with your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless triValleybook.com (and any of its principals, owners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, agents, co-branders, partners, contractors, consultants, suppliers, customers, and other affiliates) from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information.

12. Governing Law

    When accessing this Website (regardless of where you are located) you agree that these Terms of Use, our Privacy Policy, and any matters arising from or relating to use of this Site, are to be construed in accordance with and governed by the internal laws of the State of California (without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties), and any disputes arising herefrom shall be determined by a court of competent jurisdiction in the Northern District of California (or such other venue which we may elect as appropriate, in our sole discretion), and you hereby submit to the personal jurisdiction thereof.
    

13. Miscellaneous

    If any provision of these Terms of Use are found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. These Terms of Use, together with any of our policies and agreements referred to herein, are the entire agreement between you and us relating to your use of the Website or the Materials, and supersedes any and all prior or contemporaneous written or oral agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms of Use. These Terms of Use are not assignable, transferable or sublicenseable by you except with our prior written consent.