As used throughout these Terms, the following definitions apply:
By accessing, browsing, registering for, or otherwise using the Platform in any manner — including visiting any page, submitting any form, clicking any link, or uploading any content — you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, including all policies incorporated herein by reference.
These Terms apply equally to all Users regardless of how they access the Platform (desktop, mobile browser, application, or third-party integration). If you are accessing the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and that entity accepts these Terms.
The Platform is intended solely for Users who are at least 18 years of age, or who are at least 13 years of age and using the Platform under the direct supervision of a parent or legal guardian who has agreed to these Terms on their behalf. The Platform is not directed to children under the age of 13.
By using the Platform, you represent and warrant that:
The Company reserves the right to verify eligibility and to refuse access to any User at its sole discretion.
The Platform functions as a community-driven regional directory for the Poconos and greater Monroe County area. The Company provides infrastructure and editorial oversight but relies substantially on Contributors for content.
By submitting any UGC to the Platform, you hereby grant to the Company a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit your UGC — in whole or in part — across all media formats and channels, whether now known or hereafter devised, including but not limited to the Platform, social media, marketing materials, partner sites, and press.
This license survives the termination of your account or these Terms with respect to UGC already submitted. You waive any moral rights, rights of attribution, or rights of integrity you may have in UGC to the maximum extent permitted by applicable law.
You retain ownership of original content you create and submit, subject to the license granted in § 4.1. The Company does not claim ownership of your original UGC. However, the Company owns all editorial arrangements, formatting, database compilations, and organization of UGC on the Platform as collective works.
By submitting any UGC, you represent, warrant, and covenant to the Company that, as of the date of submission and continuously thereafter:
The Company reserves the absolute right — but undertakes no obligation — to review, screen, edit, refuse, remove, re-categorize, or otherwise moderate any UGC at any time, for any reason or no reason, without notice and without liability to any Contributor. Publication of UGC does not constitute endorsement of any views, claims, or representations therein.
Businesses listed on the Platform, whether submitted by the business itself or by a third-party Contributor, are subject to the following additional terms:
The Company respects intellectual property rights and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). The Company has registered a designated copyright agent with the U.S. Copyright Office as required for DMCA safe harbor protections.
If you believe that content appearing on the Platform infringes your copyright, please submit a written DMCA takedown notice to our Designated Agent containing all of the following elements required by 17 U.S.C. § 512(c)(3):
Poconos.Best / 570Direct
Email: [email protected]
Subject Line: DMCA Takedown Notice — poconos.best
Mailing Address: [570Direct LLC — Insert Registered PA Address]
If you believe your content was removed as a result of a mistake or misidentification, you may submit a counter-notification to the Designated Agent containing the elements required by 17 U.S.C. § 512(g)(3), including: (a) your physical or electronic signature; (b) identification of the removed material and its location before removal; (c) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake; and (d) your name, address, phone number, email, and consent to jurisdiction of the Federal District Court for the Middle District of Pennsylvania.
Following receipt of a valid counter-notification, the Company will forward it to the original complainant and may, in its discretion, restore the content within 10–14 business days unless the complainant files a court action.
In accordance with 17 U.S.C. § 512(i), the Company maintains and enforces a policy of terminating, in appropriate circumstances, the accounts of Users and Contributors who are found to be repeat infringers of copyright. A User may be classified as a repeat infringer upon receipt of two or more valid, uncontested DMCA takedown notices attributable to content submitted by that User.
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that content is infringing, or that content was removed by mistake, may be liable for any damages suffered by the accused party, including costs and attorneys' fees. Submit takedown notices only in good faith.
You agree that you will not, under any circumstances, directly or indirectly, do any of the following in connection with your use of the Platform:
Violation of this Section may result in immediate account termination, removal of all associated content, reporting to law enforcement, and/or civil legal action. The Company reserves the right to cooperate fully with law enforcement investigations.
In compliance with the Federal Trade Commission Act (15 U.S.C. § 45), FTC Guides Concerning the Use of Endorsements and Testimonials (16 C.F.R. Part 255), and Pennsylvania's Unfair Trade Practices and Consumer Protection Law (73 P.S. § 201-1 et seq.), the Company makes the following material disclosures:
The Platform sells paid placement opportunities to businesses ("Promoted Listings" or "Featured Listings"). Such listings may appear more prominently in search results or directory categories. All paid placements are labeled with a visible "Sponsored," "Featured," or "Ad" indicator. Payment for placement does not influence editorial content, user reviews, or the Company's ratings methodology where applicable.
The Platform may contain affiliate links, referral links, or tracking URLs through which the Company may receive a commission or fee if a User makes a purchase or completes an action through that link. This compensation does not add any cost to the User. Affiliate relationships are disclosed at the point of link placement with language such as "affiliate link," "referral link," or a similar disclosure adjacent to the linked content.
Third-party advertising networks may display advertisements on the Platform. The Company does not control the content of third-party advertisements and is not responsible for their accuracy or legality. Third-party ad networks may use cookies and tracking technologies to serve interest-based advertising; see our Privacy Policy for details.
The Platform may publish sponsored articles or "native advertising" produced or funded by third-party businesses. All such content is labeled conspicuously as "Sponsored Content," "Paid Partnership," or "Advertisement" at the top of the relevant page. Sponsored content reflects the views of the sponsoring party and does not constitute the Company's editorial opinion or endorsement.
The presence of any business, product, service, or link on the Platform — whether in a paid placement, organic listing, user review, or editorial article — does not constitute a personal or editorial endorsement, recommendation, warranty, or guarantee by the Company, its operators, or its employees. Users engage with listed businesses entirely at their own risk and are encouraged to conduct independent due diligence before any transaction.
THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF (A) $50 USD OR (B) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM, IF ANY.
The Platform serves as a directory and informational resource. Any transaction, agreement, dispute, personal injury, property damage, or other loss or harm arising from or related to your interaction with any business or individual found through the Platform is solely between you and that third party. The Company shall have no liability for any such interaction. Users are solely responsible for verifying the credentials, licenses, insurance, and qualifications of any service provider before engaging them.
The limitations of liability set forth in this Section reflect a reasonable and fair allocation of risk between the Company and Users and are an essential basis of the bargain between the parties. The Company would not provide the Platform or Services without these limitations.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its officers, directors, members, employees, contractors, agents, licensors, and successors from and against any and all claims, liabilities, damages, losses, judgments, awards, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
The Company reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify the Company. You agree to cooperate with the Company's defense of such claims. You shall not settle any claim without the Company's prior written consent.
Before filing any formal claim or arbitration demand, you agree to first contact the Company at [email protected] with a written description of the dispute, the relief sought, and your contact information. The parties agree to attempt to resolve the dispute informally for a period of 30 days. This informal resolution period is a mandatory prerequisite to arbitration or litigation.
If informal resolution fails, all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or your relationship with the Company — including disputes regarding the formation, validity, enforceability, or scope of this arbitration agreement — shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at adr.org), except as modified herein.
Arbitration shall be conducted by a single neutral arbitrator. Unless otherwise agreed, arbitration shall take place in Monroe County, Pennsylvania, or, at your election, by video conference or telephone. The arbitrator's decision shall be final, binding, and confidential, and judgment upon the award may be entered in any court of competent jurisdiction.
ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. NEITHER YOU NOR THE COMPANY MAY SERVE AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR TO CONDUCT CLASS ARBITRATION. If this waiver is found unenforceable, the entire arbitration clause shall be null and void.
Notwithstanding § 10.2, either party may seek: (a) emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration; (b) relief in small claims court in Monroe County, Pennsylvania for claims within that court's jurisdiction; and (c) judicial enforcement of any arbitration award.
ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE. CLAIMS NOT FILED WITHIN THIS PERIOD ARE PERMANENTLY BARRED, REGARDLESS OF ANY APPLICABLE STATUTE OF LIMITATIONS. This limitation applies to the fullest extent permissible under applicable law.
These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles, and, where applicable, federal law including the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
For any dispute not subject to arbitration under § 10, the parties consent to the exclusive jurisdiction and venue of the state courts of Monroe County, Pennsylvania (18th Judicial District) or the United States District Court for the Middle District of Pennsylvania, Scranton Division. Each party waives any objection to jurisdiction or venue in these courts.
The Platform is operated from Pennsylvania and is intended to serve the Monroe County area community. Users who access the Platform from other states or jurisdictions do so at their own initiative and are responsible for compliance with local laws.
The Company may, in its sole and absolute discretion, suspend, restrict, or permanently terminate your access to the Platform and all associated accounts, with or without notice and without liability to you, for any reason, including but not limited to:
Upon termination: (a) your license to use the Platform immediately ends; (b) the license granted by you to the Company under § 4.1 survives as to UGC already published; (c) provisions of these Terms that by their nature survive termination shall survive, including §§ 4, 5, 8, 9, 10, 11, and 13.
You may deactivate your account at any time by contacting the Company, subject to any outstanding obligations.
The Company reserves the right to modify these Terms at any time, in its sole discretion. When changes are made, the Company will update the "Last Updated" date at the top of this document. For material changes, the Company will make reasonable efforts to provide notice, which may include a banner on the Platform, an email to registered Users, or both.
Your continued use of the Platform after any posted modification constitutes your binding acceptance of the revised Terms. If you do not agree to modified Terms, your sole remedy is to discontinue using the Platform and, if applicable, deactivate your account. The Company will not be liable to you for any modification, suspension, or termination of the Platform.
These Terms, together with the Privacy Policy, Contributor Agreement, and any other policies published on the Platform, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior agreements, representations, and understandings.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.
The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by an authorized representative of the Company.
The Platform may contain links to third-party websites, applications, and resources. Such links are provided solely for convenience. The Company has no control over and assumes no responsibility for the content, privacy practices, or terms of any third-party site. Linking to a third-party site does not imply endorsement. You access linked third-party sites at your own risk.
The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, government actions, utility failures, pandemics, internet outages, or third-party service failures.
You may not assign or transfer your rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms, in whole or in part, to any affiliate or successor entity in connection with a merger, acquisition, reorganization, or sale of assets, without notice to you.
Poconos.Best is a community-driven regional directory serving the Poconos and Monroe County, Pennsylvania area. To operate and improve the Platform, we collect certain information from visitors, registered users, and content contributors. We are committed to transparency about what we collect, why we collect it, and how you can control it.
This policy is written to comply with applicable federal law including the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. § 6501), the CAN-SPAM Act, applicable FTC regulations, Pennsylvania's Breach of Personal Information Notification Act (73 P.S. § 2301 et seq.), and where applicable, the California Consumer Privacy Act (CCPA/CPRA) as it may apply to Pennsylvania residents transacting with California-subject entities.
When you visit the Platform, we and our service providers automatically collect:
We use the information collected for the following purposes, which constitute our legitimate interests or are required to perform our contract with you:
We do not sell your personally identifiable information to third parties for their direct marketing purposes.
We do not sell, rent, or trade your personally identifiable information. We share information only in the following circumstances:
We share information with trusted third-party service providers who assist in operating the Platform, including web hosting providers (including 570Direct infrastructure), payment processors, email delivery services, analytics platforms, and content delivery networks. Service providers are contractually restricted from using your information for any purpose other than providing services to us.
We may share hashed, anonymized, or aggregated data with advertising partners. We do not share raw personally identifiable information with advertisers. Third-party advertising networks that serve ads on the Platform may independently collect information through cookies and tracking pixels; this is governed by their own privacy policies.
We will disclose information where we believe disclosure is required: (a) to comply with applicable law, regulation, or legal process, including subpoenas, court orders, or law enforcement requests; (b) to enforce our Terms or other agreements; (c) to investigate potential violations; or (d) to protect the rights, property, or safety of the Company, our Users, or third parties. We may not always be able to notify you of such disclosures where prohibited by law or where notification would obstruct an investigation.
If the Company undergoes a merger, acquisition, reorganization, bankruptcy, or sale of all or substantially all of its assets, your information may be transferred as part of that transaction. We will notify you of any such transfer and any material changes to this Privacy Policy by posting a notice on the Platform.
Content you post publicly on the Platform — including business listings, reviews, articles, and comments — is publicly accessible and may be indexed by search engines, shared by third parties, or cached by archival services. You should not submit UGC that contains personal information you do not wish to be publicly disclosed.
The Platform uses cookies and similar tracking technologies (web beacons, pixels, local storage) to enhance functionality and analyze usage.
Required for the Platform to function. Include session cookies, authentication tokens, and security cookies. Cannot be disabled without impairing Platform functionality.
Used to collect aggregate information about how visitors use the Platform (e.g., Google Analytics). Help us understand traffic patterns and improve content. These cookies do not identify you personally.
Placed by third-party advertising networks (e.g., Google Ads) to serve interest-based advertising. Track browsing behavior across sites to build ad profiles. Subject to opt-out via the Digital Advertising Alliance (optout.aboutads.info) or Google Ad Settings.
Remember your settings and preferences (e.g., region filter, display preferences) to improve your experience on return visits.
Most browsers allow you to control cookies through browser settings. You may configure your browser to refuse all cookies, accept only certain cookies, or alert you before a cookie is set. Note that disabling cookies may impair certain Platform features. You may also opt out of Google Analytics data collection by installing the Google Analytics Opt-out Browser Add-on (tools.google.com/dlpage/gaoptout).
Some browsers transmit "Do Not Track" signals. The Platform does not currently respond to Do Not Track signals in a standardized way, as no uniform standard for such signals has been adopted. We will update this section if we implement DNT support in the future.
We retain personal information for as long as necessary to fulfill the purposes outlined in this Policy and to comply with our legal obligations:
After the applicable retention period, data is deleted or anonymized so it can no longer be associated with you.
We implement and maintain technical, administrative, and physical safeguards designed to protect your information from unauthorized access, alteration, disclosure, or destruction. These include encrypted data transmission (TLS/SSL), hashed password storage, access controls, and regular security assessments.
However, no method of data transmission or storage is 100% secure. We cannot guarantee absolute security. If you have reason to believe your account has been compromised, you should contact us immediately at [email protected].
In the event of a breach of the security of the system that compromises "personal information" as defined by Pennsylvania's Breach of Personal Information Notification Act (73 P.S. § 2303), we will notify affected Pennsylvania residents in the manner and within the timeframe required by applicable law. Notification will be provided by email or written notice as required, and to the Pennsylvania Attorney General's office as required.
The Platform is not directed to children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13. If we become aware that we have inadvertently collected personal information from a child under 13 without verifiable parental consent, we will delete such information as promptly as possible.
If you are a parent or guardian and believe your child under 13 has provided personal information to us, please contact us immediately at [email protected]. We will investigate and take appropriate remedial action within a reasonable time.
For children between the ages of 13 and 17, use of the Platform is permitted only with parental consent, and parents or guardians may request access to or deletion of their minor child's information by contacting us as described in § 12.
Pennsylvania does not currently have a comprehensive consumer data privacy statute equivalent to the CCPA/CPRA. However, the following Pennsylvania laws govern certain aspects of how we handle your data:
We monitor Pennsylvania legislative developments regarding consumer privacy (including the proposed Pennsylvania Consumer Data Privacy Act) and will update this Policy accordingly if and when new obligations take effect.
Regardless of your state of residence, we honor the following rights with respect to your personal information:
You may request a copy of the personal information we hold about you. We will respond to verified requests within 30 days.
You may request correction of inaccurate personal information. Registered users may update profile information directly through account settings.
You may request deletion of your personal information, subject to retention obligations described in § 6. Note that deletion of your account does not automatically remove UGC you have published, which may be retained pursuant to the license in § 4.1 of the Terms of Service.
You may unsubscribe from marketing communications at any time by clicking the "unsubscribe" link in any marketing email or by contacting us. Opting out of marketing does not affect transactional or service-related communications.
We will not discriminate against you for exercising any privacy rights described in this Policy.
To exercise any of the above rights, submit a verified request to [email protected] with the subject line "Privacy Request." We may require verification of your identity before processing your request. We will respond within 30 days of receiving a complete, verifiable request.
We reserve the right to modify this Privacy Policy at any time. Changes will be posted on this page with an updated effective date. For material changes, we will provide notice through the Platform or by email to registered Users. Your continued use of the Platform following any posted modification constitutes acceptance of the revised Privacy Policy.
We encourage you to review this Policy periodically. Prior versions of the Privacy Policy are available upon request.
For questions, concerns, or requests regarding this Privacy Policy or your personal information, please contact us:
Poconos.Best / 570Direct
Email: [email protected]
Subject Line: Privacy Request — poconos.best
Mailing Address: [570Direct LLC — Insert Registered PA Address]
Response Time: We aim to respond to all privacy requests within 30 days.
If you are a Pennsylvania resident and believe we have not addressed your privacy concerns adequately, you may file a complaint with the Pennsylvania Office of Attorney General, Bureau of Consumer Protection at 1-800-441-2555 or oag.pa.gov.
Poconos.Best is a public resource for the Poconos and Monroe County, Pennsylvania community. We welcome contributions from local business owners, residents, journalists, bloggers, photographers, and regional enthusiasts. In exchange for the ability to publish content on the Platform and reach an engaged local audience, Contributors agree to maintain high standards of accuracy, originality, and integrity.
This Agreement applies to all forms of content contribution, including business listing submissions, informational articles, event postings, photographs and images, user reviews and ratings, and corrections or updates to existing content.
To contribute content to the Platform, you must:
The Company may require additional verification for business owner submissions, including confirmation of business identity, registration, or local presence in the Monroe County area.
Each time you submit content to the Platform, you make the following representations and warranties, which you acknowledge are a material inducement for the Company to publish your content:
All text you submit is your original work or is properly attributed and used with full permission of the original author. You have not copied, paraphrased without attribution, or repurposed any content from third-party sources in violation of their terms or copyright.
Every image, photograph, graphic, or illustration you submit was either: (a) created by you; (b) licensed to you under a valid license that permits publication on a commercial web platform without additional attribution restrictions you cannot fulfill; (c) obtained from a rights-cleared, royalty-free stock source; or (d) used with explicit written permission of the copyright owner. You understand that sourcing images from Google Images, other websites, social media, or any source without verifying license terms constitutes copyright infringement for which you alone are liable. The Company is not responsible for copyright claims arising from images you upload.
All factual claims — including business hours, addresses, phone numbers, services offered, pricing, events, and historical facts — are true and accurate to the best of your knowledge as of the date of submission. You agree to notify the Company promptly if you become aware that any submitted information is or has become inaccurate.
You have disclosed any material relationship with businesses or persons you write about on the Platform, including employment, ownership, financial interest, or personal relationship. You have not received, and are not expecting, compensation of any kind for submitting content unless such compensation is explicitly disclosed within the submitted content.
No content you submit contains false statements of fact about any individual, business, or organization. You understand that submitting false, negative statements about a business or individual may constitute defamation under Pennsylvania common law and expose you to civil liability.
All content submitted to the Platform must meet the following standards:
The Company exercises editorial discretion over all content published on the Platform. By submitting content, you grant the Company the right to:
The Company does not guarantee publication of any submitted content. Submission does not create any obligation on the Company's part to publish, respond to, or provide feedback on submitted content.
Images submitted to the Platform are subject to the following specific requirements:
The Company may reverse image search any submitted image and will remove images found to be infringing. Repeated submission of infringing images is grounds for permanent account termination and may be reported to the applicable copyright holder.
If the Platform includes user review or rating functionality, the following additional policies apply:
The Company reserves the right to remove any review that violates these policies, is the subject of a credible defamation complaint, or is determined through investigation to be fraudulent.
Business owners or their authorized representatives who submit or claim business listings on the Platform agree to the following additional terms:
Requests for removal of content you submitted may be submitted to [email protected]. The Company will consider removal requests but is under no obligation to honor them, particularly where:
Third-party removal requests (e.g., a business requesting removal of a user review) are handled separately and are subject to the Company's editorial discretion.
By checking the mandatory acknowledgment checkbox at the point of any content submission, you acknowledge and agree that:
This mandatory checkbox acknowledgment, combined with your electronic submission, constitutes a legally binding electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Pennsylvania Uniform Electronic Transactions Act (73 P.S. § 2260.101 et seq.).
Submission records including timestamps, IP addresses, and acknowledgment data are logged and retained as evidence of your agreement to this Agreement.
Poconos.Best / 570Direct
Email: [email protected]
Subject: Contributor Agreement Inquiry
This document was prepared for informational and operational purposes. It does not constitute legal advice and does not create an attorney-client relationship. The Company recommends having a Pennsylvania-licensed attorney review the final implementation of these policies to ensure compliance with current state and local regulations, particularly as they apply to directory services, digital media, and regional advertising platforms operating in Monroe County, Pennsylvania.
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