Terms & Conditions

 

PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY. IT IS IMPORTANT THAT YOU PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. BY USING THIS WEBSITE OR AGREEING VERBALLY TO THIS AGREEMENT, YOU AGREE THAT THESE TERMS AND CONDITIONS WILL GOVERN YOUR RIGHTS AND RESPONSIBILITIES REGARDING THE USE OF OUR WEBSITE RENTAL PROGRAM AND LOCAL SEARCH MARKETING SERVICES. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS DOES NOT OBLIGATE LOCALSTREETMEDIA.COM TO PUBLISH OR GUARANTEE THE PLACEMENT OF SEARCH RESULTS WITH ANY ONLINE SEARCH SERVICE OR SEARCH ENGINE. LOCALSTREETMEDIA.COM MAY REJECT YOUR APPLICATION, IN WHOLE OR IN PART, IN ITS SOLE DISCRETION, FOR ANY REASON.

SECTION 1 – APPLICATION By agreeing to these terms, the user (“USER”) indicates acceptance of these terms and conditions and requests LocalStreetMedia.com to publish via information provided by USER related to USER’s business on a LocalStreetMedia.com owned industry specific website. This information may also incorporate data from USER’s website(s) or other USER data items identified on the Application or submitted for use by LocalStreetMedia.com, and any audio or video, or other web site related content. The “Application Date” is the date the USER confirms acceptance of these terms and conditions and submits an order.

SECTION 2 – PAYMENT

  1. Credit Approval. USER hereby authorizes LocalStreetMedia.com to contact such third parties as deemed appropriate (including not limited to any of USER’s banks, creditors and any credit reporting agency) to verify any information provided by USER, or to obtain credit information regarding USER in connection with this Application.

  2. Refunds and Credit Card Payments. Except as expressly set forth herein, all payments are non-refundable. If payment is made using a credit card, the monthly charges for a website rental and marketing plan will be billed automatically to a credit card provided by USER. USER may designate another credit card, if USER believes that someone has used its credit card or credit card number without authorization. Unless LocalStreetMedia.com agrees to or requires other billing arrangements, monthly charges will be automatically billed to the credit card USER designated during the application process. LocalStreetMedia.com reserves the right to collect and send to collection agencies any outstanding balance due 30 days after the payment due date.

  3. Term. The term of this agreement shall be month-to-month unless a longer contract term is selected via the LocalStreetMedia.com Order Form, verbally when speaking with a LocalStreetMedia.com employee/representative, or by selecting and confirming a product purchase online that specifies a different term.

SECTION 3 – CONTENT

  1. Website Copy. “Website Copy” means all content or other data including all text, graphics, illustrations, symbols, logos, names, addresses, trade names, trademarks, service marks, pictures, photographs, audio, video, animation, or other likenesses, reproductions of real or fictitious persons (including minors), and written, visual or audible endorsements provided by USER, including any content submitted on-line by USER or any person(s) using its password(s) (“Authorized User(s)”). LocalStreetMedia.com has the right in its sole discretion to change the wording, size, font or images associated with any of the Website Copy to conform it to the policies, procedures, standards or practices of LocalStreetMedia.com. USER represents and warrants that it has the absolute and unrestricted right and authority to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works from any and all Website Copy in any medium and in (or in connection with) any website published under this Application without the consent or authorization of any other person or entity. USER further represents and warrants that (i) it has the right to provide the Website Copy to LocalStreetMedia.com and the authority to grant LocalStreetMedia.com all rights afforded by these terms and conditions without the approval or authorization of any other person or entity; and (ii) the exercise of any such rights, licenses, or authorizations by LocalStreetMedia.com will not violate or infringe any copyright or other intellectual property right or privacy rights of any other person or entity. USER agrees to immediately notify LocalStreetMedia.com in writing if any proceeding contesting such rights or delegation thereof is initiated by any third party.

  2. USER’s Representations. USER represents and warrants that (i) all statements contained in the Website Copy are truthful and not misleading; (ii) that it is authorized to provide the services and products advertised; (iii) the Website Copy complies with all applicable laws and regulations; (iv) it has all of the applicable licenses and permits required to provide the goods and services offered in connection with the contemplated website in all of the geographic areas covered by the marketing plan; and (v) it will notify LocalStreetMedia.com immediately if it becomes aware of any facts or circumstances indicating that any of the representations herein are, or become, untrue. USER understands and agrees that LocalStreetMedia.com does not approve or endorse any product or service described in any of it’s rented websites, and specifically consents to the publication by LocalStreetMedia.com of the promotion of any other person in any rented website at any time, although such promotion may compete with or be in direct or indirect competition with the products or services of USER.

  3. LocalStreetMedia.coms’ Rights in Website Copy. If LocalStreetMedia.com creates or supplies any Website Copy, USER agrees that: (i) USER is responsible for the content, but that LocalStreetMedia.com retains all rights in and/or ownership of any such Website Copy and USER will not have any right therein except as expressly set forth in this Application; (ii) LocalStreetMedia.com reserves the right to supply such Website Copy to other publishers; (iii) USER has no right to use a website developed with content created or supplied by LocalStreetMedia.com except in connection with this Application; and (iv) USER will not have the right to allow others to use such website or any such content. USER waives any and all rights of attribution and integrity and other statutory and common law rights of every kind relating to any Website Copy. It is USER’s responsibility to review and request changes to any Website Copy created or supplied by LocalStreetMedia.com. USER understands and agrees that LocalStreetMedia.com will own the compiled data it collects from USER, the copyright for all compiled Website Copy of each website, and all rights associated therewith.

  4. Appearance. USER acknowledges that the published website may be of a lower quality or otherwise differ from the original Website Copy or from electronic representations supplied by USER in clarity, color, contrast, focus, size and other features. USER releases LocalStreetMedia.com from any liability for publishing of inferior quality produced from substandard Website Copy. USER acknowledge that the size, color, font, highlighting and arrangement of items in the contemplated website may be adjusted from that appearing in any sales collateral or copy sheet and from web page to web page, and that any associated enhancements may be omitted as a result of any viewer or end user’s browser settings.

  5. Distribution. USER grants to LocalStreetMedia.com the absolute, non-exclusive, irrevocable, royalty-free, unrestricted right, license and authority to: (i) use, reproduce, publish, publicly perform, display, distribute and prepare derivative works based upon any Website Copy, and any changes thereto that USER or its agents provide to LocalStreetMedia.com hereunder, or that LocalStreetMedia.com or its agents may otherwise develop or use hereunder, in whole or in part, in such manner, format, and media as LocalStreetMedia.com may deem appropriate and for such purposes as it may see fit, subject to applicable law; and (ii) grant third parties the right, sublicense and authority to exercise all or any portion of the rights afforded LocalStreetMedia.com and to further sublicense these rights, subject to such terms and conditions as LocalStreetMedia.com may deem appropriate.

  6. USER’s Obligation to Verify Information. USER understands that it is USER’s obligation to verify that the data provided to LocalStreetMedia.com on this Application accurately matches the information on file with USER’s telephone company relating to USER’s business telephone service account.

SECTION 4 – MARKETING USER understands and agrees that LocalStreetMedia.com cannot and does not guarantee the website’s ranking in the search engines or the number of people who will view the website after USER’S Website Copy has been added and the website is again accessible to Internet users or search engines in response to appropriate queries and searches.

SECTION 5 – CANCELLATION / SUSPENSION

  1. In the event of cancellation by USER in accordance with the terms hereof, USER will remain liable for the payment of all charges incurred through the last day of the billing period when such termination notice is received.

  2. LocalStreetMedia.com may cancel or temporarily and/or permanently suspend its hosting of, or access to the website, in whole or in part, without prior notice at any time in its sole discretion for any reason, including without limitation, if LocalStreetMedia.com concludes that: (i) USER is in breach of any term of this Application; (ii) it determines that any Website Copy might violate a third party’s intellectual property or is otherwise legally actionable.

  3. The USER has a 3-business day rescission right period, during which he/she is entitled to a refund of the first charge upon the USER’s request.

SECTION 6 – LIMITATION OF LIABILITY USER understands that, except for its obligations to pay LocalStreetMedia.com’s damages under Section 7 hereto: (i) the total amount of damages that LocalStreetMedia.com may recover from User related to this Application will not exceed the sum of the charges owed for the items at issue, plus late charges and other costs payable under Section 3; and (ii) LocalStreetMedia.com agrees to waive any claim for damages to the extent such damages exceed this amount. USER agrees: (i) that the total amount of damages that it may recover from LocalStreetMedia.com related to this Application will not exceed the lesser of (a) the amount (as determined by LocalStreetMedia.com) by which the value of the item at issue was decreased or (b) the sum of the charges USER has paid for the items at issue (the lesser amount being referred to as the “Liability Cap”); and (ii) to waive any claim for damages to the extent such damages exceed the Liability Cap. LocalStreetMedia.com will have no liability for any error, omission, or default with regard to items for which no charge is assessed. The limitation of liability in this Section 6 will apply to the full extent permitted by law, and it will apply to any claim that USER may have against LocalStreetMedia.com, or any agent of LocalStreetMedia.com, any party that provides fulfillment or other services related to this Application. The claims covered by this limitation of liability include, but are not limited to: any claims based on contract violations, torts (including but not limited to negligence or strict liability) or any other legal or equitable ground; any claims for lost business revenues, profits or the cost of other forms of advertising; any claims based on any error or omission; and any claims based on inaccessibility, interruptions, delays, defects, deletion of files or email, viruses or any failure of performance of LocalStreetMedia.com. In no event will LocalStreetMedia.com be required to correct, or to give any special notice regarding, any error or omission.

SECTION 7 – LOCALSTREETMEDIA.COM’S DAMAGES To the full extent permitted by law, USER agrees to pay any expenses or damages incurred by LocalStreetMedia.com, any agent of LocalStreetMedia.com, any party that provides fulfillment or other services to LocalStreetMedia.com related to this Application, including all of its attorney’s fees and expenses, which expenses or damages result from claims brought by other parties regarding (a) the publication of the website as requested by this Application or in accordance with USER’s Website Copy (or changes USER makes or requests thereto); (b) any breach of any of USER’s obligations, representations, warranties or covenants under this Application; (c) transactions initiated through any marketing (including without limitation, any taxes or shipping and handling charges applied thereto); (d) payment processing services provided by any third party; or (e) any agreement or arrangement between USER and any third party (including without limitation any agreement(s) between USER and a third party payment processing company).

SECTION 8 – LINKS If USER’s website contains links provided in the Website Copy, it hereby: (i) grants to LocalStreetMedia.com a royalty-free unrestricted right and license to establish such links and to link users of the website to the website(s) designated in its Website Copy and to cause the link(s) to open new browser window(s) and publish the website(s) designated by such link(s) within such window; and (ii) represents and warrants that (a) it has the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and (b) all copy and content of all websites to which its Website Copy links complies in all respects with all applicable laws and regulations.

SECTION 9 – LOCALSTREETMEDIA.COM MAY ACT AS SALES AGENT USER understands and agrees that LocalStreetMedia.com may be acting as a sales agent for another service provider. If LocalStreetMedia.com is acting as a sales agent for another service provider, USER agrees that its contract is with LocalStreetMedia.com and that LocalStreetMedia.com will not be liable for any damages related to such services. In addition, USER agrees that, if it attempts to bring any claim against any entity related to such services, such entity will also be entitled to assert any defense that LocalStreetMedia.com is provided in accordance with the terms and conditions this Application.

SECTION 10 – GENERAL DISCLAIMERS LocalStreetMedia.com disclaims any obligations and warranties, whether express or implied, that are not expressly set forth in this Application, including without limitation (i) LocalStreetMedia.com does not warrant that the website will be published without error or omission; (ii) LocalStreetMedia.com disclaims any warranty of merchantability or fitness for a particular purpose; (iii) LocalStreetMedia.com does not warrant the number of responses to USER’s marketing, any other business benefit or the suitability of USER’s marketing for any business purpose; (iv) LocalStreetMedia.com may change the content, form or appearance of any website at anytime; and (v) LocalStreetMedia.com may also change the geographic area or areas covered by the marketing of the website at anytime.

SECTION 11 – DOMAIN NAMES USER authorizes LocalStreetMedia.com to host any website requested under this Application at any extension or subdomain of any of LocalStreetMedia.com’s Internet domains which LocalStreetMedia.com deems appropriate. USER acknowledges that it is solely responsible for conducting any trademark searches and other similar activities which may be necessary or appropriate in relation to the selection, evaluation and appropriateness of any custom domain name(s) which USER may request LocalStreetMedia.com to link to, and that LocalStreetMedia.com will have no liability or obligation to USER whatsoever in the event of any third party claims against USER.

SECTION 12 – FORCE MAJEURE Neither USER nor LocalStreetMedia.com will be in breach of its obligations under this Application (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this Application. Such causes will include, but not be limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of LocalStreetMedia.com or USER.

SECTION 13 – ENTIRE AGREEMENT This Application (describes the entire agreement between LocalStreetMedia.com and USER and supersedes any other oral or written agreements regarding the services specified in this Application, except for any increase in the limitation of liability agreed to in writing by both parties. Neither USER nor any agent of LocalStreetMedia.com may amend these terms and conditions or add any provision to or delete any provision from this Application or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this Application is binding on LocalStreetMedia.com. Moreover, USER confirms that USER has not relied upon any such representation in entering into this Application.

SECTION 14 – GOVERNING LAW USER and LocalStreetMedia.com agree that this Application and all disputes relating to this Application will be governed by and interpreted according to the laws of the State of Georgia or Maryland, as determined by LocalStreetMedia.com at the time of dispute.

SECTION 15 – SUCCESSORS AND ASSIGNS This Application will be binding on and inure to the benefit of USER and USER’s successors. LocalStreetMedia.com may, in its sole discretion, assign this Application. USER may not assign any of its rights or delegate any of its duties under this Application without prior written consent of LocalStreetMedia.com.

SECTION 16 – WAIVER OF RIGHTS Except as otherwise set forth in this Application (including the provisions of Section 5), neither USER nor LocalStreetMedia.com will lose any of its rights under this Application even if it does not enforce a right, or delays in enforcing a right.