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Find the best		in
	(e.g. salon, accounting firm, contractor)		(e.g. Boston MA; Nebraska; Italy)

Terms of Use

Acceptance of Terms

The services provided at www.hive411.com (the "Site") and any subdomain or successor site are provided by Hive411. ("Hive411"), and by using the Site you agree to these Terms of Service ("Terms of Service"). When using a particular service offered on the Site you also may be subject to any posted guidelines, rules, policies, or additional terms of service. Hive411may update these Terms of Service from time to time, and your continued use of the Site shall be deemed your acceptance of any such updated Terms of Service. These Terms of Service were last revised on October 30, 2007. These Terms of Service comprise the entire agreement between you and Hive411and supersede all prior agreements between the parties regarding the subject matter hereof. All references herein to "we" or "us" refer to Hive411. By using the Site you understand and agree that the Site is intended for an adult audience and, as such, there may be some content on the Site that is inappropriate for minors.

Description of Services

Hive411(www.hive411.com) is a place where people go to find, nominate and vote for local people, businesses and services as the best in their geographical area. Hive411maintains a listing of business profiles and allows users to vote for these businesses. Users can also edit nominations and business listings, attest to their accuracy, encourage others to vote for specific nominations and report improper listings and nominations. Business owners and individuals can also claim their nominations. All votes are made publicly available for others to see. Users can browse who has voted for what businesses in order to more wisely find the right business for them.

Conditions of Use

In order to vote on the Site or access certain features on the Site, you must register and provide to us certain personally identifiable information, including but not limited to, first and last name and email address, (collectively "Registration Information"). You must be 18 years of age in order to register with the Site and submit User Content (defined below). Hive411will only use Registration Information in accordance with its Privacy Policy located at http://www.hive411.com/privacypolicy.aspx. Providing false Registration Information constitutes a material breach of these Terms of Service.

No Endorsement of Content or Businesses

You acknowledge that the Site may link to other sites not controlled by us and that the collection of your information by these third party sites is governed by those third party websites' privacy policies. Hive411does not control, and makes no representations or endorsements regarding, the quality, accuracy, reliability, appropriateness, or condition of any content posted on the Site including, without limitation, user reviews and the availability or quality of any of the services offered by third parties. Hive411shall have no obligation to review the Site's content or pre-screen any of the service providers. All User Content (defined below) is the sole responsibility of the user, not Hive411. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Site may contain hyperlinks to third party web sites outside of the Site. We have no control over and make no representations or endorsements regarding the quality, accuracy, reliability or condition of any third party site nor any content posted on those third party web sites. You understand and agree that under no circumstances will Hive411be liable for any loss or damage of any kind as a result of your use of the Site or your reliance upon any content including User Content (defined below) posted on or otherwise made available through the Site or Software Products.

User Content

Posting User Content on Hive411

By posting a vote, the user thereby represents that the vote is based upon an actual experience with the merchant being reviewed within the past two years. Reviews do not reflect the views of Hive411, its parent, subsidiary or affiliated companies, or its employees, officers, directors, or shareholders. Hive411does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. You acknowledge that Hive411has the absolute right to refuse to display or to remove anything posted by you on or to the Site, including, without limitation, votes for businesses listed on the Site, user lists, ratings and user profile, any other content submitted or posted by you (collectively "User Content"), for whatever reason or for no reason at all. You further agree that by posting or submitting User Content to Hive411, you are warranting that you are the sole author, creator and owner of that content, and that you are waiving any rights you may have in that content, or to control its use or (re)distribution, including any intellectual property rights, and that you further waive any claim that Hive411is somehow acting in an unfair or discriminatory manner by refusing to display (or by removing) such content. You agree that you may not and will not post or submit any User Content that contains or features any of the following:

• Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
• References to illegal activity, professional malpractice or health code violations.
• Nominations or votes that do not accurately correspond to the goods and services of the business as determined by Hive411in its sole discretion.
• Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
• Personal information or messages including email addresses, URLs, phone numbers and postal addresses that are not already publicly available.
• Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
• Language that violates the standards of good taste or the standards of this website, as determined by Hive411in its sole discretion.
• Content determined by Hive411to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
• Language intended to impersonate other users (including last names of other individuals) or offensive or inappropriate user names or signatures as determined by Hive411in its sole discretion.
• Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

Ownership of User Content

All User Content is owned solely by Hive411, and by submitting any User Content you relinquish any right or claim of right to such User Content. Hive411is under no obligation to give credit or pay any consideration to you for any User Content you post on the Site, or any use by Hive411of such User Content.

Representations and Warranties

By using the Site you represent and warrant that any User Content posted by you does not contain material or links to material that infringes upon a third party's intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy. You further represent and warrant that you have all necessary rights to provide and have posted on the Site the User Content, and to transfer such ownership of such User Content to Hive411, and that Hive411has the right but not the obligation to monitor and edit or remove any activity or User Content. You further agree to accept full liability and responsibility for all User Content submitted by you or on your behalf for posting on the Site.

Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service, and these Terms of Service are solely between you and Hive411and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Hive411is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release Hive411, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

Offline Conduct

Although Hive411cannot monitor the conduct of its users off the Site, it is a violation of these Terms of Service to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

Security

We utilize secure servers to protect your Registration Information. Users shall not disclose Registration Information to third parties. Users are responsible for all activities which occur under their Registration Information. User agrees to immediately notify us in writing of any unauthorized use of User's account.

Unauthorized Use of Site

You may not use any device, software or routine to interfere with the proper working of the Site. You may not intercept or expropriate any system data or information, or copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without the express written permission of Hive411. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e.: "Spam"). You shall not use any method including the use of robots, spiders, other automatic devices or manual processes to monitor or copy our web pages or the content contained on the Site without the prior expressed written permission of Hive411.

System Outages

We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

Disclaimers

Hive411provides this web site and the software products "as is" and without any warranty or condition, express, implied or statutory. Hive411specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. You assume total responsibility and risk for use of the Site, use of any Software Products, and hyperlinked web sites. We make no warranty that the Site will meet your requirements, or that Software Products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the Site or Software Products or as to the accuracy or reliability of any information obtained through the Site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from Hive411shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law. In addition, Hive411disclaims any and all liability for the acts, omissions, and conduct of any third party users, Hive411users, advertisers, and/or sponsors on the Site, in connection with the Site or otherwise related to your use of the Site. Hive411is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site.

Limitations of Liability

In no event whatsoever shall Hive411, shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages, and in no event shall Hive411' total cumulative liability under this agreement exceed US$50. You understand and agree that the download and upload of any material through this site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. Hive411 neither assumes, nor does it authorize any person or entity to assume on its behalf, any other liability in connection with the provision of the Site and Software Products. The limitations of liability provided in these Terms of Service inure to the benefit of Hive411, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Hive411, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site or Software Products provided hereunder by Hive411, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Service.

Violations of Terms and Liquidated Damages

Please report any violations of these Terms of Service, by emailing us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Notices

Notices to users and Hive411 shall be by email. See below.

If you have a good faith belief that your copyright, trademark and/or other intellectual property, accessed on or through the Site has been used in a manner that constitutes copyright infringement, you must provide all of the following information to Hive411' copyright agent:

(a) Your name mailing address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) A statement by you, made in good faith and under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(f) An electronic or physical signature of the copyright owner or an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest.

Governing Law and Choice of Forum

These Terms of Service shall be governed by and construed in accordance with the laws of the State of MA, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to these Terms of Service, the Site or the Software Products shall be brought exclusively in the federal or state courts of MA and both Parties consent to the jurisdiction thereof.

Miscellaneous

In the event that one or more portions of these Terms of Service shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms of Service. The headings used throughout these Terms of Service are solely for the convenience of reference and are not to be used as an aid in the interpretation of these Terms of Service. If you have any questions about these Terms of Service, contact us at: http://www.hive411.com/contactus.aspx