Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
Use Of Information From This Website
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate the owners of OnPhilly.com with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing OnPhilly.com and that accessing OnPhilly.com constitutes acceptance.
Ownership Of Website Or Right To Use, Sell, Publish Contents Of This Website
The website and its contents are owned or licensed by the website’s owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
Disclaimer For Contents Of Site
OnPhilly.com disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on OnPhilly.com Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty.
Disclaimer For Contents Of Business Directory Database
OnPhilly.com contains a searchable database business directory of free local businesses listings. This is public information from an external database source and is provided as a public service to make it easier for consumers to locate local products and services. This public information may contain information like business name, address, telephone number, website address and directions which are required in order to facilitate these organizations being found and communicated with by potential clientele.
While Metro Sampler attempts to provide a complete, accurate and up-to-date database directory of businesses and organizations, OnPhilly.com disclaims any responsibility for the accuracy of the content appearing in this database directory. Metro Sampler is not the original source of this information, does not guarantee that all local organizations are included, or that all entries are accurate or up-to-date at the time of viewing. Likewise, Metro Sampler attempts to organize listings accurately into relevant categories but does not guarantee that all listings are categorized correctly.
Any organization that wants to be removed from the OnPhilly.com directory may contact Metro Sampler to have their individual listing removed but must understand that OnPhilly.com will no longer be able to direct any potential clientele to their organization.
Any organization not listed in the OnPhilly.com directory may contact Metro Sampler to request inclusion of a free listing for each of their locations. Metro Sampler reserves the right to deny any organization a listing for any reason at the sole discretion of Metro Sampler. Each organization is solely responsible for notifying Metro Sampler to request an update if their listing needs to be added, changed or removed.
Local organizations have the option to purchase enhancements to their free listings in order to become more visible or listed earlier and/or more frequently in the directory. Metro Sampler reserves the right to deny enhancement for any organization and may limit some enhancements to exclusive advertisers.
Disclaimer For Harm Caused To Your Computer Or Software From Interacting With This Website Or Its Contents. Visitor Assumes All Risk Of Corrupting Factors.
We assume no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
Limitation Of Liability
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our website or service.
Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.
Visitor agrees that in the event he causes damage to us or a third party as a result of or relating to the use of OnPhilly.com, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.
No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the owner of OnPhilly.com
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
Jurisdiction And Venue
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner of OnPhilly.com’s address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner of OnPhilly.com
2770 Arapahoe Rd Ste 132
Lafayette, CO 80026
Contact Email: support@OnPhilly.com
Contact Phone: (303) 938-1767