Terms of Service Agreement

This Terms of Use Agreement sets forth the standards of use for of the TotallyRochester.com Development and Design Service ("TotallyRochester.com", owned and operated by WebVertising.com) for site visitors (the "Visitors") and users (the "Members"). By using TotallyRochester.com website you (the "User") agree to terms and conditions in this Agreement, and also agree to our Privacy Policy and answers to the questions on the FAQ page. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at TotallyRochester.com website your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. This Terms of Use Agreement was last update on August 01^st, 2007.
 

1. Description of Service
TotallyRochester.com provides users with access to a rich collection of Development and Design resources related to website links (the "Service"). You also understand and agree that the Service may include other forms of advertisements and that these advertisements are necessary for TotallyRochester.com to provide the Service.

2. Disclaimer of Warranties
The site is provided by TotallyRochester.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, TotallyRochester.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. TotallyRochester.com shall have no liability for any interruptions in the use of this website TotallyRochester.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability
TOTALLYROCHESTER.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TOTALLYROCHESTER.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TOTALLYROCHESTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.  

4. Indemnification
All users agrees to indemnify and hold TotallyRochester.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using of any intellectual property or any other right of any person or entity.

5. Members Account
All Members of the Service shall provide login username, name, email, and password for the account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify TotallyRochester.com of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of TotallyRochester.com.

6. Modifications, Operation, and Interruption to Service
TotallyRochester.com reserves the right to edit, move, delete, or discontinue all or part of the Service with or without notice at our sole discretion. TotallyRochester.com shall not be liable to Member or any third party should TotallyRochester.com exercise its right to modify or discontinue the Service. Member acknowledges that TotallyRochester.com have editorial discretion to determine the structure and content of TotallyRochester.com. Member acknowledges and agrees to waive any claim related to the inclusion, placement, exclusion, or removal of any ad link in TotallyRochester.com or to the title or description of any site appearing in TotallyRochester.com, and accepts that TotallyRochester.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third Party Sites
Our website include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors and Members to review said privacy policies of third-parties' sites.

8. Disclaimer Regarding Accuracy of Information
Product specifications and other information have either been provided by Members or collected from publicly available sources. While TotallyRochester.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. TotallyRochester.com makes no warranties or representations whatsoever with regard to any product or service provided or offered by Third-Parties, and you acknowledge that any reliance on representations and warranties provided by any Member shall be at your own risk.

9. Governing Jurisdiction of the Courts of New York
Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.

10. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 TotallyRochester.com, will all rights reserved, or is the property of TotallyRochester.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TotallyRochester.com is strictly prohibited. All users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of TotallyRochester.com. All other trademarks displayed on TotallyRochester.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the website of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with TotallyRochester.com.

12. Notification of Claimed Copyright Infringement
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by submitting a message at: Info@TotallyRochester.com

13. Terms for Ads
We reject links leading to contents that may be unlawful, illegal, harmful, stalking, threatening, abusive, harassing, defamatory, pornographic, tortious, libelous, vulgar, objectionable offensive, or invasive of another's privacy. Every ad submitted to TotallyRochester.com will be reviewed before going public.
The ad space cannot be moved, but it can be expanded by purchasing the nearby blocks if they are available. You may resell your ad by passing on your username and password, but may not sublet or re-sell part of your ad solely for commercial purpose. TotallyRochester.com will not be held responsible or participate on any kind of transactions derived from the resale's. The link to the new owner's website must also comply to the Terms.

14. Pricing, Payment, and Refund Policy
You represent and warrant that if you are purchasing from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) TotallyRochester.com reserves the right to change prices or policies at any time. Should this happen, it will be very clearly reflected at TotallyRochester.com main page and FAQ page. Once payments are made, advertisement fees are non-refundable, nor will prorated refunds be granted for any unused period term or any ads cancelled due to abuse of terms above, or for any reason. TotallyRochester.com is not liable for ad not displayed for certain period of time because of any kind of technical difficulties.

15. Terms for community forum and chat usage
You are fully responsible for any content you post on TotallyRochester.com community forum, including, but not limited to, photos, personal profile(s), messages, classifieds, e-mail messages - and the consequences of any such content. You understand and agree that TotallyRochester.com may review from time to time and delete any content that violates this Agreement or which might be sexually oriented, offensive, illegal, spamming or harm the safety of or violate the rights of other users and members. Note: Hate speech is not acceptable and will not be tolerated on TotallyRochester.com. As defined by TotallyRochester.com, hate speech may consist of symbols or images, as well as text. TotallyRochester.com defines sexually oriented content as any material that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing. TotallyRochester.com reserves the right to refuse membership to anyone. TotallyRochester.com may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.

16. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by TotallyRochester.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.