1. The Fresno Area Businesses Directory is for use by businesses located in a 70 mile radius of Fresno, California. Any listing created, that does not meet this criteria, will not be permitted and all information entered will be deleted and any payments will be rejected.
2. FREE Listings display address and Business Description and Phone numbers. Web-links will not be permitted in FREE Listings.
3. Cancellations are accepted with 30-day notice but subscriber forfeits any proceeds remaining on the active term.
4. By using any Businesses in Fresno Area websites or accessing any information contained on any Businesses in Fresno Area websites or associated system to include hostgator.com, Square.com, and Paypal.com,
5. You agree:
⦁ Not to engage or assist in any of the following conduct: Using spiders, robots or otherwise harvesting other’s email addresses or telephone numbers from any Businesses in Fresno Area site or server for purposes of sending unsolicited or unauthorized material. Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through Businesses in Fresno Area computer systems.
⦁ Not to relay email from a third party’s mail servers without the permission of that third party.
⦁ Not to Use or cause to be used Businesses in Fresno Area computer system to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
⦁ Not to upload, post, email, or transmit the same message, URL, or post multiple times.
⦁ Not to disrupt the normal flow of dialogue, or cause the screen to scroll faster than users of the service are able to type, or otherwise acting in a manner that negatively affects other users’ ability to use this service.
⦁ Not to harm minors in any way.
⦁ Not to impersonate any person or entity, including, but not limited to, Businesses in Fresno Area or any Businesses in Fresno Area representative, or falsely state, imply or otherwise misrepresent your affiliation with Businesses in Fresno Area or any person or entity.
⦁ Not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content.
⦁ Not to upload, post, email, transmit or otherwise make available any content or material that: is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. you do not have a right to make available under any law or under a contractual or fiduciary relationship with Businesses in Fresno Area or any third party (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) infringes any patent, trademark, trade secret, copyright or other proprietary rights of Businesses in Fresno Area or any third party is unsolicited or unauthorized advertising, promotional materials, junk mail, ;spam, chain letters, pyramid schemes or any other form of solicitation contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
⦁  Not to interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks.
⦁ Not to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission, and any regulations having the force of law.
⦁ Not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
⦁ Not to collect or store personal data about other users or Businesses in Fresno Area members.
⦁ Not to attempt to override or circumvent any of the usage rules embedded into Businesses in Fresno Area websites.
⦁ Not to infringe on any Businesses in Fresno Area trade names, trademarks or service marks.
⦁ Not to use the names Businesses in Fresno Area or any other trademarks or trade names of Businesses in Fresno Area or its affiliates, or any confusingly similar names, in the conduct of any business.
⦁ Not to use the name or likeness of any Businesses in Fresno Area spokesperson or employee,
⦁ Not to engage in any unlawful, unfair or deceptive business practice.
⦁ Payment Customers agree to pay: the monthly fee specified when you subscribed to the service and late fees if applicable), as well as recovery fees which Businesses in Fresno Area pays for collection on past/due accounts, a Credit Check / Advance Payments & Deposits. Service customers give us permission to obtain their credit information from consumer credit reporting agencies at any time. If we determine that you may be a credit risk due to:
(1) Unsatisfactory credit rating;
(2) Insufficient credit history;
(3) Fraudulent or abusive use of any Businesses in Fresno Area services
within the last five years; or
(4) Late payments for current or prior bills, we may refuse to provide the Services or we may require an advance payment, a non-refundable payment, and/or deposit. Interest will not be paid on advance payments or deposits unless required by law. We may require special payment terms such as additional advance payments or deposits if we determine that the initial payment was inadequate. We may establish limits and restrict service or features as we deem appropriate. Any charges you incur in excess of your limit become immediately due. Upon determination solely by Businesses in Fresno Area of satisfactory payment history or as required by law, Businesses in Fresno Area may begin refunding of deposits through bill credits, cash payments, or as otherwise determined solely by Businesses in Fresno Area.
b. Billing. For customers who choose the Listing Service, billing will begin when service is provisioned by Businesses in Fresno Area, For customers who lease one of our web properties,, billing will begin when the installation is complete.
c. Method of Payment. Your monthly charges may be billed via a monthly Businesses in Fresno Area bill or to a credit card. Credit card billing is not available for Businesses in Fresno Area.  You acknowledge and agree that neither BUSINESSES IN FRESNO AREA nor any BUSINESSES IN FRESNO AREA affiliated companies will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at BUSINESSES IN FRESNO AREA’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $25.00.
d. Credit Card Billing. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Businesses in Fresno Area to charge and/or place a hold on your credit card with respect to any unpaid charges for Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be
accepted as authorization to the issuer of the credit card to pay all such amounts.
e. You authorize Businesses in Fresno Area and/or any other company who acts as billing agent for Businesses in Fresno Area to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide BUSINESSES IN FRESNO AREA with updated credit card information upon BUSINESSES IN FRESNO AREA’s request and any
f. Late Payment & Failure to Pay-You shall pay to Businesses in Fresno Area a late payment charge and/or an interest charge of $15, or the highest amount allowed by law, on all charges due and unpaid. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of Businesses in Fresno Area rights to collect the full amount due. Notice of any disputes must be in writing and received by us within 30 days after you received your bill or you will waive any objection. BUSINESSES IN FRESNO AREA may suspend or terminate Service if your payment is past due. If Businesses in Fresno Area suspends your service for non-payment, you must pay all past due amounts in order to have service restored, and you may also, at Businesses in Fresno Area’s sole discretion, be required to pay a service restoral fee. In the event you fail to pay Businesses in Fresno Area or Businesses in Fresno Area is unable to bill charges to your
credit card, Businesses in Fresno Area may assign unpaid late balances to a collection agency. You expressly authorize, and specifically consent to allowing, Businesses in Fresno Area and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by Businesses in Fresno Area to you. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to Businesses in Fresno Area. For attempts to collect unpaid charges, you agree that in addition to individual persons’ attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.
g. Returned Checks and other Instruments; if any check, debit card transaction, or other instrument is tendered by you and returned unpaid by a financial institution for any reason you will be charged a fee. This includes credit card charge backs.
h. Bill Inquiries and Refunds. If you believe you have been billed in error for the Services, please notify us within 60 days of the billing date by contacting Customer Service (559) 478-7316. Businesses in Fresno Area will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation. Any amounts refunded in the form of bill credits, cash payments or any other form shall be inclusive of all applicable taxes that were originally paid on such amounts.
I. Refunds. Any amounts refunded in the form of bill credits, cash payments or any other form shall be inclusive of all applicable taxes that were originally paid on such amounts. Nothing in these terms of use is intended to grant any right to transmit email to or through Businesses in Fresno Area computer systems. Businesses in Fresno Area does not waive any rights by the failure to enforce this policy in every instance in which it might apply. Notice: Sending unsolicited email advertisements to or through Businesses in Fresno Area computer systems will use or cause to be used Businesses in Fresno Area servers located in Fresno County California. Any unauthorized use of Businesses in Fresno Area computer systems is a violation of federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Any violations may subject the sender and his or her agents to civil and criminal penalties. Please remember that Businesses in Fresno Area is designed to appeal to a broad audience. Accordingly, it is the responsibility of the parent or legal guardian to determine whether access to any Businesses in Fresno Area services or content is appropriate for a minor. International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Dealings with Others- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Businesses in Fresno Area or its websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Businesses in Fresno Area shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the
presence of such persons. Copyright and Legal Claims – Businesses in Fresno Area respects the intellectual property of others, and we ask our users to do the same If you believe that your work has been copied in a way that constitutes copyright infringement, your intellectual property rights, or any applicable laws, rules or regulations have been otherwise violated, please provide Businesses in Fresno Area with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest a description of the work, property or requirement that you claim has been infringed a description of where the material that you claim is infringing is located on the site your address, telephone number, and email address a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law a statement by you, made under penalty of perjury, that the above information is accurate and that you are the intellectual property owner or are authorized to act. Warranty Exclusions ALL Businesses in Fresno Area websites AND SERVICES ARE PROVIDED ON AS IS; AND & AS AVAILABLE BASIS. Businesses in Fresno Area IS NOT LIABLE FOR ANY LOSSES, COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF ANY Businesses in Fresno Area WEBSITE, ANY SERVICES WE PROVIDE OR THE ADVERTISING OF OUR PRODUCTS. NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY Businesses in Fresno Area or ITS AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS AND TERMS ARE HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED. NO ADVICE OR INFORMATION GIVEN BY Businesses in Fresno Area or ANY OF OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY. Damage Limitations CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF OR ACCESS TO ANY Businesses in Fresno Area WEBSITE SHALL NOT EXCEED THE HIGHER OF US $1,000.00 OR THE TOTAL AMOUNT YOU HAVE PAID TO Businesses in Fresno Area WITHIN THE PRIOR YEAR. BUSINESSES IN FRESNO AREA AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity You agree to indemnify and hold Businesses in Fresno Area, and its subsidiaries, affiliates, agents, employees and business partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through any Businesses in Fresno Area service, your use of any Businesses in Fresno Area website or content, your violation of these terms of service,
Businesses in Fresno Area privacy policy, or your violation of any rights of another. Businesses in Fresno Area at fraudalert@fresnobusinesses.com. Questions and Suggestions If you have questions or suggestions, you can contact us at: Businesses in Fresno Area, 373 E. Shaw Ave. Suite 443., Fresno, CA 93710; or
admin@fresnobusinesses.com.
Other Terms: Any controversy, dispute or claim of any nature whatsoever arising out of, in connection with or in relation to your use of Businesses in Fresno Area websites or these terms of use, or involving you and Businesses in Fresno Area, including the issue of arbitrability, will be resolved by binding arbitration before a retired judge at JAMS in Fresno, California in accordance with its rules. If you are not a resident of the United States, the UNCITRAL Arbitration Rules shall apply and JAMS will be the appointing authority; The prevailing party will be awarded all costs and expenses, including without limitation all arbitration, expert witness and attorney fees, costs and expenses Judgment on any interim or final award may be entered in any court of competent jurisdiction. These terms of service and the relationship between you and Businesses in Fresno Area shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to exclusive personal jurisdiction and venue in Fresno County, California, and agree that it shall be the sole forum and venue for any and all disputes involving Businesses in Fresno Area. The failure of Businesses in Fresno Area to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. If one or more provisions of these terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected. These terms of service may be revised or amended by Businesses in Fresno Area at any time in its sole discretion, by posting the revised terms at Terms of Use and the amended terms will become effective upon posting. No one may modify or waive any of these terms, except in writing signed by the CEO of Businesses in Fresno Area. These Terms Of Use constitute the entire agreement between you and Businesses in Fresno Area and govern your access to and use of any Businesses in Fresno Area website. Please report any violations of these terms of use to admin@fresnobusinesses.com.