Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the 719Online platform, operated by 719Online LLC, a Colorado limited liability company (“Platform,” “719Online,” “we,” “us,” or “our”), including any content, functionality, and services offered on or through the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (“Terms”), as well as our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms in their entirety, you are not authorized to access or use the Platform and must discontinue use immediately.

2. Nature of the Platform

719Online operates as a neutral online marketplace and business directory that facilitates connections between users and independently operated businesses in the Colorado Springs and 719-area community.

719Online does NOT:

• Provide, perform, or deliver the products or services listed by third-party businesses;
• Employ, supervise, or control any listed business or its personnel;
• Guarantee, warrant, or endorse any results, transactions, outcomes, or experiences arising from your interactions with any listed business;
• Act as an agent, representative, or intermediary in any transaction between you and a listed business.

All engagements, transactions, and communications between users and businesses are conducted solely between those parties, at their own risk.

3. Eligibility

You must be at least eighteen (18) years of age and possess the legal capacity to enter into binding agreements under applicable law to access or use this Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements. If you are accessing the Platform on behalf of a business entity, you further represent that you have the authority to bind that entity to these Terms.

4. Accounts & Security

By creating an account on the Platform, you agree to:

• Provide accurate, current, and complete information during registration and maintain and promptly update such information;
• Maintain the confidentiality of your login credentials and not share your account access with any third party;
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you;
• Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend, disable, or terminate any account at any time, with or without cause, and without prior notice or liability to you.

5. User Content & License Grant

By submitting, posting, or transmitting any content through the Platform—including but not limited to reviews, ratings, business listings, photographs, text, and other materials (“User Content”)—you:

• Represent and warrant that such User Content is truthful, accurate, not misleading, lawful, and does not infringe upon or violate any third-party intellectual property rights, privacy rights, or other proprietary rights;
• Grant 719Online a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, display, and distribute such User Content in any media format and through any distribution channel, whether now known or hereafter developed.

We reserve the right, at our sole discretion, to:

• Remove, edit, redact, or restrict any User Content for any reason or no reason;
• Moderate, reorder, reposition, or otherwise alter the display and visibility of listings and reviews;
• Refuse publication or distribution of any User Content without obligation to provide justification.

We are under no obligation to monitor, screen, or verify User Content, and we assume no liability for the accuracy, completeness, or legality of any content posted by users.

6. Reviews & Content Disclaimer

All reviews, ratings, and other User Content published on the Platform reflect the personal opinions and experiences of the individual authors. 719Online:

• Does not verify, endorse, or guarantee the accuracy, completeness, or reliability of any review or User Content;
• Is not responsible for, and shall not be held liable for, any defamatory, misleading, false, inaccurate, or unlawful content posted by users;
• Shall not be liable for any damages, losses, or harm of any kind arising from any person’s reliance on User Content published on the Platform.

7. Content Moderation & Disputes

We may, but are under no obligation to:

• Investigate, remove, or restrict access to disputed or flagged content;
• Request supporting documentation or evidence from parties involved in a dispute;
• Decline to take action on any content dispute at our sole discretion.

719Online does not act as a mediator, arbitrator, or adjudicator in any dispute between users and businesses. Any disputes arising between you and a listed business must be resolved directly between those parties.

8. Business Listings

Business listings on the Platform may be created by users, business owners, or automated and aggregated systems. 719Online:

• Does not guarantee the accuracy, completeness, timeliness, or reliability of any business listing;
• Does not independently verify all information contained in business listings.

Business owners are solely responsible for:

• Ensuring the accuracy and currency of their business information;
• Claiming, verifying, and managing their listings through the Platform’s designated processes.

We reserve the right to modify the visibility, ranking, categorization, or placement of any listing, or to remove any listing entirely, at our sole discretion and without prior notice.

9. Paid Services, Subscriptions & Advertising

719Online offers paid services, including but not limited to promotional placements, subscription plans (Premium, Elite), featured listings, and advertising opportunities. By purchasing any paid service, you agree to the following:

Billing & Renewal

• All fees are billed in advance on a recurring basis (monthly or annually, as applicable) unless otherwise specified;
• Subscriptions automatically renew at the end of each billing cycle unless canceled prior to the renewal date;
• You are responsible for all charges incurred under your account, including applicable taxes and fees.

No Performance Guarantee

719Online makes absolutely no guarantees, representations, or warranties regarding any specific outcomes from paid services, including but not limited to the volume or quality of leads, website traffic, customer conversions, sales revenue, or business growth. Paid services are provided on a best-effort basis.

Refund Policy

All payments are final and non-refundable, except where explicitly stated in writing by 719Online or where required by applicable law. Partial-month or partial-period refunds are not available for cancellations made mid-cycle.

Chargebacks

Initiating a payment dispute or chargeback through your financial institution, without first attempting resolution directly with 719Online, may result in:

• Immediate suspension or permanent termination of your account and all associated services;
• Recovery of all unpaid fees, chargeback fees, administrative costs, and collection expenses.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF COLORADO AND APPLICABLE FEDERAL LAW:

719Online LLC, its owners, members, officers, directors, employees, agents, affiliates, and licensors shall NOT be liable for any:

• Indirect, incidental, special, consequential, exemplary, or punitive damages;
• Loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings;
• Damages arising from your use of, or inability to use, the Platform;
• Damages resulting from any conduct or content of any third party on the Platform.

Maximum Aggregate Liability

Our total cumulative liability to you for all claims arising out of or relating to these Terms or your use of the Platform shall not exceed the lesser of: (a) the total amount paid by you to 719Online LLC during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00 USD).

11. Indemnification

You agree to defend, indemnify, and hold harmless 719Online LLC, its owners, members, officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

• Your access to or use of the Platform;
• Your User Content or any content you submit, post, or transmit through the Platform;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property, privacy, or proprietary rights;
• Any dispute between you and another user or a listed business.

12. Termination

We reserve the right to suspend, restrict, or permanently terminate your account and/or access to the Platform, in whole or in part, at any time, for any reason or no reason, with or without prior notice, and without liability to you. Upon termination, your right to use the Platform ceases immediately. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5, 6, 10, 11, 15, 16, and 17.

13. Intellectual Property

All content, features, and functionality of the Platform—including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof (excluding User Content)—are the exclusive property of 719Online LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from the Platform without our prior written consent, except as incidental to normal web browsing.

14. Privacy Policy

Your use of the Platform is additionally governed by our Privacy Policy, which describes how we collect, use, store, and disclose your personal information. By using the Platform, you consent to the practices described in our Privacy Policy.

15. Third-Party Services & Links

The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by 719Online. We are not responsible for and make no representations or warranties regarding the content, accuracy, practices, policies, or availability of any third-party website, service, or resource. Your interactions with any third-party services are governed solely by that third party’s own terms and policies.

16. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, 719ONLINE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

17. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Step 1: Informal Resolution

Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms informally by contacting each other in writing. The parties shall have thirty (30) calendar days from the date of written notice to attempt resolution in good faith.

Step 2: Binding Arbitration

If the dispute cannot be resolved informally within the thirty (30) day period, any remaining dispute, claim, or controversy shall be finally and exclusively resolved by binding arbitration administered in El Paso County, Colorado, in accordance with the rules of the American Arbitration Association (AAA) then in effect. The arbitrator’s award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND 719ONLINE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.

18. Governing Law & Jurisdiction

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in El Paso County, Colorado.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

20. Modifications to Terms

We reserve the right to update, revise, or modify these Terms at any time and at our sole discretion. When we make material changes, we will update the “Effective Date” at the top of this page. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. It is your responsibility to review these Terms periodically.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by 719Online LLC on the Platform, constitute the entire agreement between you and 719Online LLC concerning your use of the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

22. Contact Information

If you have any questions about these Terms of Service, you may contact us at: