These Terms and Conditions (“Agreement” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User,” “you,” or “your”), and David Martin Design (“Company,” “we,” “us,” or “our”), concerning your access to and use of the BloomingtonOnline.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site, you agree that you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Description of Service

BloomingtonOnline.com operates as a hyper-local community directory designed to serve the Bloomington community. The Site provides information including, but not limited to, local business listings, online promotional deals, community events, and content aggregated via RSS feeds from various external sources (collectively, the “Services”).

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice or liability to you.

3. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property. All custom code, software, plugins, databases, functionality, website design, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site strictly in accordance with these Terms. No part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4. User Conduct, Scraping, and Automated Interactions

As a condition of your use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. Specifically, you agree NOT to:

• Engage in any unauthorized scraping, data mining, data extraction, spidering, crawling, or the use of automated bot interactions to access, monitor, or copy any Content from the Site without our express written consent.
• Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site or certain features of the Site.
• Interfere with, disrupt, or create an undue burden on the Site, its servers, or the networks connected to the Site.
• Post, upload, or transmit any user-generated content that is defamatory, obscene, harassing, threatening, illegal, or otherwise objectionable, or that infringes on the intellectual property rights of others.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or Content for any revenue-generating endeavor or commercial enterprise without proper authorization.

5. Third-Party Links, Deals, and RSS Feeds (Disclaimer)

The Site contains (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, RSS feeds, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Because BloomingtonOnline.com aggregates content, local deals, and external RSS feeds, you acknowledge and agree to the following:

• No Endorsement: Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
• No Liability for Accuracy: We do not warrant the accuracy, completeness, or reliability of any Third-Party Content. RSS feeds are aggregated automatically, and we assume no responsibility for the statements, opinions, or facts presented by third-party creators.
• Deals and Offers: All local listings, online deals, coupons, and promotions advertised on the Site are offered directly by third-party merchants. We are strictly a promotional platform and are not responsible for the fulfillment, safety, quality, or legality of the goods, services, or discounts offered by these third parties. Any transactions you enter into with third-party merchants are solely between you and the merchant.
• Assumption of Risk: You agree that your use of Third-Party Websites and Third-Party Content is entirely at your own risk. We shall not be liable for any loss, harm, or damage of any sort incurred as a result of your interactions with third parties or the use of any third-party links or offers.

6. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, or (4) any interruption or cessation of transmission to or from the Site.

7. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by applicable law, David Martin Design’s total liability to you for any claim arising out of or relating to these Terms or your use of the Site shall be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

8. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site.

9. Term and Termination

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

10. Governing Law and Dispute Resolution

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Indiana applicable to agreements made and to be entirely performed within the State of Indiana, without regard to its conflict of law principles.

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Monroe County, Indiana, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

11. Modifications to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

12. Contact Information

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

David Martin Design
5776 W Monarch Ct
Bloomington, Indiana 47403
Email: bloomingtononline@gmail.com
Phone: 812-650-4405