January 26, 2008

ANY ACCESS TO AND USE OF MYTOWNBILLBOARD.COM^™, INCLUDING ANY SERVICES, CONTENT OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE "SITE') IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME (THE "TERMS").  BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS.  THE TERMS MAY CHANGE FROM TIME TO TIME IN MYTOWNBILLBOARD’S SOLE DISCRETION, AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED.  IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

SITE USE GENERALLY.

Copyright and Trademark.
The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions.  Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of MYTOWNBILLBOARD.  The Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.  Except as expressly provided herein, MYTOWNBILLBOARD does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.

Links to Other Materials.
Linked sites are not under the control of MYTOWNBILLBOARD and MYTOWNBILLBOARD is not responsible for the content of any linked site or any link contained in a linked site.  MYTOWNBILLBOARD reserves the right to terminate any link or linking program at any time.  MYTOWNBILLBOARD provides such links only as a convenience to you.  MYTOWNBILLBOARD has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links.  If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.

Minors; Territory.
The Site is a business and commercial web site and shall not be accessed by persons under the age of 18.  MYTOWNBILLBOARD operates this Site from its office within the United States.  MYTOWNBILLBOARD makes no representation that content and materials on this site are legal or appropriate for use from outside the United States.  If you access this Site from outside the United States, you do so at your own risk.  You may not use the Site in violation of United States export laws and regulations.

Account Terms.
You must be 18 years or older to use this Service.

MyTownBillboard, Inc. will not accept images or links to web sites that display or promote objectionable material, including, but not limited to, obscene, adult-oriented, offensive, hateful, or illegal subject matter. MyTownBillboard, Inc., in its sole discretion, will determine what material is objectionable.

You are responsible for maintaining the security of your account and password. MyTownBillboard, Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, privacy laws, spam laws).

You retain ownership rights in the content submitted to MyTownBillboard, Inc. and hereby grant MyTownBillboard, Inc. a license to copy, display, and use the content you submit as a Billboard Block advertisement.

By submitting content, you are warranting that you have the legal authority to promote the web site you are submitting and to use the image, title and link you are submitting. MyTownBillboard, Inc. reserves the right to remove your Billboard Block advertisement if MyTownBillboard, Inc. receives a complaint that it infringes the rights of a third party.

Once published to the Site, you can change your image, title or link at anytime and without charge. Once your image, title, or link have been published on our Site, paid accounts will not be eligible for a refund for any reason.

If, on paid accounts, you submit an image, title or link that we determine to be objectionable, you will have the opportunity to provide an alternative image, title, or link within five (5) calendar days of notification. If acceptable content has not been submitted within five (5) calendar days, then you will lose your Billboard Block advertisement and will not receive a refund. If for any reason, you want to remove your image, title and link from our Site, you can do so, but you will not get a refund.

Links must be to web pages or a Billboard Information Page (ftp or email links, etc. will not be accepted). A Billboard Information Page is provided for companies that currently do not have a website. It allows the name, address, phone and fax number, email address and a brief description of the company’s product or service.

You understand and accept that if you are an account holder of MyTownBillboard.com you may receive email communications from MyTownBillboard, Inc.

DISCLAIMER OF WARRANTIES.

General. 
MYTOWNBILLBOARD MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.  MYTOWNBILLBOARD UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE.

No Warranties. 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.  YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  MYTOWNBILLBOARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.

LIMITATION OF LIABILITY AND REMEDIES.

Exclusion. 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYTOWNBILLBOARD BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF MYTOWNBILLBOARD KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification.
You agree to defend, indemnify and hold MYTOWNBILLBOARD harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which MYTOWNBILLBOARD may hereafter incur, become responsible for or pay out arising out of your use of the Site or your breach of any term or provision of this Agreement.

GENERAL TERMS.

Modification.
MYTOWNBILLBOARD reserves the right at any time and in MYTOWNBILLBOARD’s sole discretion to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site.  MYTOWNBILLBOARD may revise the Terms at any time by updating this posting.  You should visit this page from time to time to review the then-current Terms because they are binding on you.  Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site.  MYTOWNBILLBOARD also reserves the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.  You agree that MYTOWNBILLBOARD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Jurisdiction.
The Terms shall be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles.  MYTOWNBILLBOARD and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts in Kent County, Michigan.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.

Equitable Relief.
You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause MYTOWNBILLBOARD irreparable damage, which cannot be readily remedied by monetary damages in an action at law.  Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, MYTOWNBILLBOARD shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.

Entire Agreement.
The Terms embody the entire agreement and understanding between MYTOWNBILLBOARD and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms.  No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.

Questions about the Terms of Service should be sent to:
info (at) mytownbillboard.com