FOUR EYES SERVICES LLC dba Blogger Local Terms of Service
FOUR EYES SERVICES LLC dba Blogger Local is a Kansas based company organized under the laws of Kansas, operating with principal offices in Leawood, Kansas and is hereinafter referred to as “FOUR EYES SERVICES LLC dba Blogger Local”.
FOUR EYES SERVICES LLC dba Blogger Local agrees to provide local business information and customer reviews, for covered cities under the following terms and conditions.
Terms of Service
1.1 FOUR EYES SERVICES LLC dba Blogger Local. For purposes of these Terms of Service, FOUR EYES SERVICES LLC dba Blogger Local shall mean, and includes, FOUR EYES SERVICES LLC dba Blogger Local and its reporters, affiliates, subsidiaries, investors, officers, directors, employees, agents, representatives and assigns.
1.2 User. For purposes of these Terms of Service, User shall mean any customer, vendor, person, or entity, that uses the website and/or services of FOUR EYES SERVICES LLC dba Blogger Local.
2. General Provisions
2.2. Enforceability. If any provision of these Terms and Conditions is held unenforceable, then said provision will be modified according to standard practices and laws and all remaining provisions of these Terms and Conditions shall remain in full force and effect.
2.3 Release of Liability. User agrees to release FOUR EYES SERVICES LLC dba Blogger Local and all FOUR EYES SERVICES LLC dba Blogger Local affiliated parties, from any and all claims regarding any misstatements and misrepresentations made by any Users of the Site/Service.
2.4 Modifications. FOUR EYES SERVICES LLC dba Blogger Local reserves the right, at any time, to modify its Terms and Conditions. Modifications will be posted to FOUR EYES SERVICES LLC as they become effective, and at such time the Customer’s use of the Site/Service constitutes acceptance of these terms.
2.6 Force Majeure. FOUR EYES SERVICES LLC dba Blogger Local will not be liable for any failure or delay in performing an obligation under these terms and conditions that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omissions, laws or regulations, labor strikes and/or difficulties. Under no circumstances shall economic considerations delay or excuse on behalf of either party, either party’s performance or be considered an event of “force majeure.”
2.7 Governing Law. Kansas law governs the Terms and Conditions for FOUR EYES SERVICES LLC dba Blogger Local as well as any claims, causes of action or disputes that may arise between the Users of the Site/Service and FOUR EYES SERVICES LLC dba Blogger Local, without regard to conflict of provisions of the law. User agrees and consents to the exclusive jurisdiction and venue of the state and federal courts of the State of Kansas, County of Johnson and City of Leawood, and hereby submits to the jurisdiction thereof, for any and all causes of action arising out of User’s use of the FOUR EYES SERVICES LLC dba Blogger Local website. Notwithstanding the foregoing, FOUR EYES SERVICES LLC dba Blogger Local shall have the right to bring proceedings in any other court having jurisdiction where User is resident from time to time in order to enforce these Terms and Conditions.
2.8 Warranty. The content on this website, including all proprietary information, is provided “as is” and FOUR EYES SERVICES LLC dba Blogger Local does not warrant the accuracy or integrity of the information contained therein, whether express or implied, with respect to the services provided. FOUR EYES SERVICES LLC dba Blogger Local does not warrant that User’s use of the services will be secure, uninterrupted, error free, or will meet User requirements. FOUR EYES SERVICES LLC dba Blogger Local disclaims liability for the suitability of any User, including without limitation, participants in any third party service offered on our Site/Service.
3. Relationship of Parties
3.1 Independent Parties. User agrees that use of the Site/Service and/or information in these Terms and Conditions do not make User legally affiliated with FOUR EYES SERVICES LLC dba Blogger Local in any way. User is in no way an independent contractor, partner, joint venturer, agent, legal representative, employer-employee or franchiser-franchisee with or for FOUR EYES SERVICES LLC dba Blogger Local.
Conversely, FOUR EYES SERVICES LLC dba Blogger Local agrees that it is in no way an independent contractor, partnership, joint venture, agent, legal representative, employer-employee or franchiser-franchisee relationship with User. As such, User shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on FOUR EYES SERVICES LLC dba Blogger Local, except as provided herein or authorized in writing by FOUR EYES SERVICES LLC dba Blogger Local.
3.2 Not an Employment Agency. FOUR EYES SERVICES LLC dba Blogger Local is not an employment service or agency, does not serve as an employer of the Customer or Employee and does not recruit Customers/Employees for employment, secure employment for Customers or evaluate or test Customers for employment purposes.
3.3 Not a Referral or Matching Service. FOUR EYES SERVICES LLC dba Blogger Local is a venue that provides an online environment for those seeking information about or wishing to provide customer reviews on local & national businesses that provide goods/services (“Vendors” or “Product/Service Providers”) in their area. FOUR EYES SERVICES LLC is not a referral or matching service and does not offer or seek to endorse any particular business or vendor service, nor does FOUR EYES SERVICES LLC make any guarantee of employment or sales to businesses or Vendors.
4. Release of Liability
FOUR EYES SERVICES LLC dba Blogger Local SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF FOUR EYES SERVICES LLC dba Blogger Local TO ANY USER WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION UNDER THE TERMS AND CONDITIONS OR FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST BUSINESS OR LOST PROFITS, WHETHER FORESEEABLE OR NOT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE UNDER THESE TERMS AND CONDITIONS.
4.1 Damages. User agrees that FOUR EYES SERVICES LLC dba Blogger Local, and their affiliated parties have no liability for any indirect, special, incidental, or consequential damages; loss of profits; business interruption; loss of or damage to reputation; or loss of information or data.
4.2 Controversies. FOUR EYES SERVICES LLC dba Blogger Local expressly disclaims, and User expressly releases FOUR EYES SERVICES LLC dba Blogger Local from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations.
Users agree to release FOUR EYES SERVICES LLC dba Blogger Local, and their affiliated parties from any claims, demands, damages, liability, costs, or expenses of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any claim or controversy that may arise from any disputes between Users.
4.3 Services NOT Provided. User understands and agrees that FOUR EYES SERVICES LLC, dba Blogger Local DOES NOT:
a. Screen or Verify Businesses. FOUR EYES SERVICES LLC dba Blogger Local does not screen or verify the identity, background, training, experience, or longevity of those individuals or entities providing goods/services. It is the User’s responsibility to make his or her own assessment of the people and businesses with whom User decides to interact.
b. Conduct User background checks. FOUR EYES SERVICES LLC does not conduct background checks on its Users. However, other Users have the right to verify the representations and warranties being made, which may include, without limitation, conducting background checks on each other or companies and researching other Users or companies using public records and agencies, such as, but not limited to, the List of Excluded Individuals/Entities (LEIE) database and the Better Business Bureau (BBB).
c. Become Involved in User Transactions. Transactions occurring on or because of FOUR EYES SERVICES LLC are solely between Users of this Site. FOUR EYES SERVICES LLC dba Blogger Local will not become involved in any transactions between Users. FOUR EYES SERVICES LLC is not a party to any payment arrangements, as Users are responsible for arranging for payment of goods and services between themselves.
d. Participate in Resolution of Disputes Between Parties. Users must resolve disputes or concerns with each other, including any issues regarding payment, and must not involve FOUR EYES SERVICES LLC dba Blogger Local. By using this website, User releases FOUR EYES SERVICES LLC from any claims or liability that may arise from any issues, disputes or concerns between Users with any payment liabilities or any other liabilities pertaining to services offered by any User.
e. Monitor User postings. FOUR EYES SERVICES LLC dba Blogger Local may but has no obligation to, monitor user content submitted on the Site/Service, including User profiles, ratings or other content. We may remove any such information, and material that in our sole opinion either violates, or may violate, any applicable law or either the letter or spirit of these Terms and Conditions; might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others; or is determined to be inappropriate for any other reason at the sole discretion of FOUR EYES SERVICES LLC dba Blogger Local. By posting content to FOUR EYES SERVICES LLC dba Blogger Local, Users represent and warrant that they have the right to post and transmit the information being shared. FOUR EYES SERVICES LLC dba Blogger Local reserves the right to use, copy, display, reproduce, adapt, modify, and distribute User information and content posted or transmitted on the Site/Service and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the information shared.
5. Rights and Responsibilities of User
5.1 Assumption of Risk. User assumes all risk when using FOUR EYES SERVICES LLC dba Blogger Local, including but not limited to all of the risks associated with reliance on any particular review or a group of reviews, any online or offline interaction with others, or any other action or inaction taken as the result of using this website. User agrees to exercise independent judgment when relying on Review information and recommendations and to take all necessary precautions when meeting other Users offline. FOUR EYES SERVICES LLC dba Blogger Local, is not responsible for any damages which are the direct or indirect result of use of its website.
5.2. Prohibited Content. Users are not permitted to post on FOUR EYES SERVICES LLC dba Blogger Local; transmit to other Users; communicate any content, including links to other sites; or engage in activity on the Site/Service that:
- Contains other Users’ (people and companies) copyrighted or trademarked content or information without written permission from the owner of said information.
- Contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes.
- Implies that the User Content is in any way endorsed or sponsored by FOUR EYES SERVICES LLC dba Blogger Local.
- Is implicitly or explicitly offensive, such as user content that engages in, endorses or promotes racism, bigotry, discrimination, pornography, hatred or physical harm of any kind.
- Is incomplete, false, misleading, illegal, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable.
- Is intended to harass, annoy, threaten or intimidate any other Users of the Site/Service.
- Involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities.
- Contains any malware, including but not limited to, viruses, time bombs, trojan horses, cancelbots, spiders, worms, corrupted files, or any other similar software or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; or other harmful, or disruptive codes, components or devices.
- Is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ use of the Site/Service.
- Uses scripts, bots or other automated technology to access the Site/Service.
- Violates the rights of third parties, including rights of copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy.
- Violates any law, statute, ordinance, or regulation, including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care.
5.3 Suspension and Termination. FOUR EYES SERVICES LLC dba Blogger Local may, at its sole discretion, for any reason or no reason, with or without notice, terminate or suspend User’s account and access to the Site/Service, remove User’s profile and/or any content posted by or about User from the Site/Service without refund to User.
Users may cancel their account at any time by contacting administrators at FOUR EYES SERVICES LLC dba Blogger Local by emailing us at Kevin@bloggerlocal.com.
Upon termination or cancellation of a User’s account, User will no longer have access to the portions of FOUR EYES SERVICES LLC dba Blogger Local and the Site/Service that require account registration. Furthermore, a User’s profile will no longer be displayed and any postings, transmittal of information or ratings shared will also be deleted when a User’s account is terminated.
5.4 Remedies. Users only right and remedy in the case of dissatisfaction with the Site/Service or any other grievance shall be the termination of their account and discontinuation of access to, or use of the Site/Service.
6. Communication between Parties
6.1 How We will Contact You. Any notice or approval required or permitted under these Terms and Conditions will be given in writing and will be sent by e-mail, facsimile, courier or mail, postage prepaid, to the address specified below or to any other address that may be designated by prior notice. Any notice or approval delivered by e-mail or facsimile (with answer back) will be deemed to have been received the day it is sent. Any notice or approval sent by courier will be deemed received one day after its date of posting. Any notice or approval sent by mail will be deemed to have been received on the fifth (5th) business day after its date of posting. All notices to the Customer will be based on all information that FOUR EYES SERVICES LLC dba Blogger Local has on file.
6.2 How to Contact Us. User’s may contact FOUR EYES SERVICES LLC dba Blogger Local by sending an email to: Kevin@bloggerlocal.com.
7. Proprietary Rights
7.1 Copyrights. The Site/Service contains material protected by the domestic and international laws of copyright and other proprietary rights and laws. All information, materials and content, including without limitation text, graphics, data, formatting, graphs, HTML, layout and look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) on the Site/Service is owned by FOUR EYES SERVICES LLC dba Blogger Local or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. FOUR EYES SERVICES LLC dba Blogger Local also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. Any use of Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of FOUR EYES SERVICES LLC dba Blogger Local and/or the relevant right holder.
Customer may not copy, reproduce, download, use, modify, alter, distribute, redesign, reconfigure, or retransmit anything from the Site/Service without FOUR EYES SERVICES LLC dba Blogger Local’s prior express written permission. Furthermore, Customer is not allowed to copy, reproduce, download, use, modify, alter, distribute, redesign, reconfigure, or retransmit any customer information that Customer does not own, or which Customer does not have permission to use.
7.2 Trademark. The service marks, trademarks, logos and trade names appearing on this Site/Service are owned by FOUR EYES SERVICES LLC dba Blogger Local or are appearing on the Site/Service with permission of the respective owners, and Customer acknowledges the rights of FOUR EYES SERVICES LLC dba Blogger Local and the respective third parties therein. Customer may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
7. 3 Civil Liability and Criminal Penalties. Violation of this policy may result in the infringement or violation of copyright, trademark or other intellectual property rights, subject User to termination or suspension from the Site/Service, and/or subject User to civil liability and/or criminal penalties.
7.4 Digital Millennium Copyright Act. FOUR EYES SERVICES LLC dba Blogger Local respects the intellectual property rights of others and expects its Users to do the same. FOUR EYES SERVICES LLC dba Blogger Local may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others, including Users and non-Users of the Site/Service. In addition, FOUR EYES SERVICES LLC dba Blogger Local, in its sole and absolute discretion, may terminate the accounts of Users who infringe the intellectual property rights of others.
7.5 How to Report Copyright Infringement. If User believes that any materials on the Site/Service infringes upon the copyrights of others, he/she may request removal of those materials from the Site/Service by contacting FOUR EYES SERVICES LLC dba Blogger Local at Kevin@bloggerlocal.com and providing the following information:
- A copy or the location of the copyrighted work believed to have been infringed upon.
- A copy or the location of the material believed to be infringing upon the copyrighted work.
- Name, address, telephone number and (if available) email address of the person reporting the potential issue along with a statement indicating that “under penalty of perjury,” the person reporting the issue is the copyright owner or is authorized to act on the copyright owner’s behalf.
- A good faith statement that explains why the User believes that use of the material is not authorized by the copyright owner, its agent or the law.
- A statement that the information supplied is accurate.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
8. Limits of Liability
8.1 Services Provided AS IS. FOUR EYES SERVICES LLC dba Blogger Local provides its Site/Service “as is” and on an “as available” basis. Use of this Site/Service is at the User’s own discretion and risk.
8.2 No Warranties. FOUR EYES SERVICES LLC dba Blogger Local grants no warranties of any kind, whether expressed or implied, statutory or otherwise with respect to the Users, the services provided, the Site/Service itself, or any information contained within the Site/Service. FOUR EYES SERVICES LLC dba Blogger Local does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. FOUR EYES SERVICES LLC dba Blogger Local does not warrant the accuracy, adequacy or completeness of any information or materials on the Site/Service. FOUR EYES SERVICES LLC dba Blogger Local does not warrant that use of the Site/Service or the information contained within the Site/Service will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site/Service will be corrected. FOUR EYES SERVICES LLC dba Blogger Local makes no warranties about the connectivity and continued availability of the Site/Service.
8.3 No Promises. FOUR EYES SERVICES LLC dba Blogger Local makes no claims or promises about the opinions, advice, statements, reviews, or other information or content made available on the Site/Service or through the services and agreements between Users.
In no event will FOUR EYES SERVICES LLC dba Blogger Local, or their affiliated parties be liable for any damages whatsoever, whether direct or indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of Users or anyone else in connection with the use of the Site/Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from interactions with other Users of the Site/Service, regardless of whether interactions occur online or offline, Users’ reliance on information or other content available on the Site/Service or transmitted between Users and reviews or comments made about Users on the Site/Service by other Users.
User shall indemnify and hold harmless FOUR EYES SERVICES LLC dba Blogger Local, and their affiliated parties from and against any and all claims, lawsuits, actions, losses, damages, expenses, demands, or liability. These expenses shall include attorney’s fees and costs incurred in connection with any claim by a third party, including but not limited to, claims for intellectual property infringement, bodily injury, death or damage to property arising out of the negligence or willful misconduct of User during its performance of services under these Terms and Conditions, in addition to use or misuse of, or inability to use, the Site/Service; any materials and content User submits, posts or transmits through the Site/Service; User’s violation of these Terms and Conditions of the Site/Service or a User’s violation of any rights of a third party; User’s interactions with or conduct towards any other Users; or a User’s violation of any applicable law, rules or regulations and will pay the amount of any resulting adverse final judgment (or settlement to which the parties consent). When seeking indemnification, FOUR EYES SERVICES LLC dba Blogger Local will (i) promptly notify the User in writing, specifying the nature of the action, and (ii) cooperate with the User in all reasonable respects in connection with the defense of any such action; provided that the User shall make no settlement involving consideration, concessions or contracts other than the payment of money and the exchange of releases without FOUR EYES SERVICES LLC dba Blogger Local’s consent, which consent shall not be unreasonably delayed or withheld. FOUR EYES SERVICES LLC dba Blogger Local, and their affiliated parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
10. Acceptance of Agreement
By accessing, viewing, and/or using the Site/Service, you understand and agree to be bound by all terms and conditions outlined in this document.