Locally Located provides you ("You") with access to the Site and the services available on the Site, and/or other Web sites as indicated below (the "Service"). Access to and use of the Site and Service is governed by these TOU.
The Service includes the Site. The Service may also be located on third party Web sites and/or applications as links to or from adds on other Web sites, or otherwise in connection therewith, which third parties control. Nothing contained in the Service is, or can be construed as an offer or promise to sell or purchase products for a specific price or that any advertiser on the Site will sell or purchase any product or service for any purpose or price or any specific term. Locally Located does not, nor will it ever, guarantee the price, terms, products, availability and/or services offered by any advertiser. For all of the Services Locally Located is not in any way involved in the transactions between You and any of its advertisers, nor does Locally Located warrant or otherwise guarantee any advertisement or service, and is not responsible for and does not guarantee the price or performance of any goods, services or information provided by the advertisers. If You have a dispute with any advertiser You release Locally Located from any claims, demands and/or damages whether actual or consequential of any kind, known or unknown, disclosed or undisclosed, arising out of or in any way concerning such dispute.
User Submitted Content:
You are solely responsible for all content and or material that You submit, public, link or display on the Site or that You send to Locally Located users. You shall not post, distribute or otherwise reproduce any copyrighted materials, trademarks or other proprietary information without express written consent form the owner of said proprietary rights. You shall not submit content or material which in any way misappropriates, infringes or otherwise violates the publicity, privacy or intellectual property rights of any party or violates any federal, state or local law, including but not limited to the Fair Housing Act. You will at all times adhere to the Locally Located TOU. Furthermore, You agree not to purposefully submit false or misleading information on the Site or Service.
You hereby agree that by posting content on the Site You are granting Locally Located a royalty-free, perpetual and irrevocable license to use this information in the course of the Service. You understand and acknowledge that Locally Located does not endorse, warrant or otherwise represent any particular content or information available on the Site or Service. Moreover, Locally Located does not guarantee the authenticity of any data which users may provide about themselves or real estate listings on the Site.
You should always seek advice from a professional with a license and knowledge in the area in which You seek information, such as an attorney, accountant or real estate agent or broker. Further, Locally Located does not verify the legitimacy or accuracy of any licenses for individuals or agencies submitting content on the Site.
Locally Located's Site and Service will permit You to submit information and materials to Locally Located, including without limitation, photographic images and advertisements ("Submission") as part of Your use of the Site and Service. Under the TOU You agree that You will not post, place or transmit any of the following material using the Locally Located Site and Service and that Your Submissions will not include:
- Any threatening, defamatory, abusive, obscene, pornographic, inappropriate, unlawful, profane, or discriminatory material, or any other material that could result in civil or criminal liability under any law.
- Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the express permission of the owner of said rights and the person or their guardian where applicable who are shown in the material, if applicable; or
- Any material that promotes bigotry, racism, hatred, harm against any individual or group or that otherwise violates any of the Guidelines, or can be viewed in any other way as discriminatory.
You will provide accurate, current and complete information ("Subscription Data") as is requested by any subscription forms when You subscribe to Locally Located (the "Account"); You will maintain and promptly update the Subscription Data and other Account information You provide to Locally Located, to keep it current, complete and accurate; and You accept all risks associated with or otherwise concerning unauthorized access to the Subscription Data and other information provided to Locally Located.
When You subscribe to Locally Located You will be required to create an Account and password, which You are entirely responsible for maintaining the confidentiality of, and You agree to maintain the security of Your password. You agree not to use the Account, username, or password of any other Locally Located user at any time, and agree to notify Locally Located immediately if You suspect any unauthorized use of Your Account. You are solely responsible for any and all use of Your Account.
In order to provide high quality services responsive to Your needs Locally Located representatives or third parties acting as agents to Locally Located will have access to Your Account and user information and can review and use such Account and user information as Locally Located determines appropriate in its sole discretion, including without limitation as reasonably required to investigate complaints.
Modification of Locally Located Content and/or Site and Service:
Locally Located reserves the right to modify, alter or discontinue the Service and/or Site or any portion thereof, or any offering of any information, content, product and/or service whatsoever without notice to You. Locally Located shall not be liable to You or any third party should Locally Located modify, alter or discontinue the Service and/or Site or any portion thereof.
Any content that Locally Located deems to be offensive, illegal, violative of rights, which may harm or threaten the safety of another, or otherwise may be deleted at Locally Located's sole discretion. Locally Located assumes no responsibility for monitoring the Service or the Site for appropriate content. If, at any time, Locally Located chooses, in its sole discretion to monitor the Site and/or Service it nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
Copyright and License:
Locally Located reserves all rights to all copyrighted and copyrightable material on this Site, including, without limitation, the text, search results, design, graphics, images, pictures, audio files and any other files and the selection, arrangement and compilation thereof. You are granted a limited non-sublicensed right to access this Site, use the Service and/or print materials for You, personally, only. Locally Located expressly reserves the right in its sole discretion and without notice to You to terminate Your license to the use of the Site and/or Service and to block or otherwise prevent Your future access to and use of the Site and/or Service. The foregoing license grant does not include the right for You to a) publish, publicly display or perform, or distribute materials to any third party, including, but not limited to reproduction of any computer network, broadcast, or media publications; b) sell, market, or otherwise make commercial use of the Site and/or the Service; c) collect and/or use data or content including the use of any spiders, robots, or other data gathering devices, mining or extraction methods; d) make any derivative use of the Site and/or Service; and/or e) frame, use, or utilize any methods or techniques of the Site and/or Service, including images, text, or design of the Site.
You are not conveyed any right or license by implication, estoppels or otherwise under any patent, trademark, copyright or proprietary right of Locally Located or any third party other than the limited license granted to You. Any unauthorized use of this Site and/or Service will terminate the license and/or permission granted to You by the Site and/or Service and may violate applicable law.
Locally Located does not assert copyright or grant rights to the underlying images, descriptions of real estate listings, real estate advice or otherwise which may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. Any and all use of the source images, descriptions or real estate advice is subject to the copyright owner's permission and applicable law. Locally Located asserts copyright and reserves all right to search results and associated compilations.
You agree not to: i) generate fraudulent impressions of or fraudulent clicks on any advertisements on the Service, including, but not limited to using automated tools and/or computer generated search requests and/or fraudulent uses of other search optimization or function services and/or software; ii) advertise substances, services, products or materials that are illegal; iii) violate policies posted in the TOU; iv) fraudulently direct or redirect end users including, but not limited to, unauthorized use of proprietary rights, copyrights, trademarks, or service marks in URLs, use of false or misleading URLs, use of "ghosting", "cloaking", and/or "doorway pages" methods; or v) engage in any other illegal or fraudulent business practices.
You shall not include links to any web sites as part of an Advertisement unless the content at said Web site is relevant to the Target and/or the creation of the Advertisement. Locally Located hereby reserves the right to review, manually or otherwise, all content posted on the Site and/or Service for quality and relevancy and expressly reserves the right to refuse any Advertisement should Locally Located or its affiliates, subsidiaries, parents or agents determine it to be irrelevant, inappropriate or otherwise, for any reason whatsoever.
Should You post advertisements on the Site You agree to pay all applicable charges, including all applicable taxes or charges imposed by any government entity. Ads will be served on the Site and Locally Located's affiliated sites based upon factors such as relevancy, CPC rates, click-through rates and ad rotation algorithms. You hereby acknowledge and agree that Locally Located may change any and all pricing for bids at any time, for any reason whatsoever. If, at the time of such change by Locally Located, Your bid is less than the minimum required Your sub-minimum bid shall not be automatically deemed to meet the new minimum and Your Ad(s) may not be selected as often or may not be selected at all for placement on Locally Located's Site or affiliated sites and/or pages. You shall be responsible for bid prices and changes to bid prices which You have authorized by either verbal or written means. In addition, you agree and hereby acknowledge that if You have a prepaid amount in Your account and elect to purchase an Advertisement that is more than the prepaid sum You may incur a negative balance and be responsible for immediate payment to Locally Located. Credit is established on an Advertiser by Advertiser basis. You hereby authorize Locally Located to conduct credit checks and contact references. If You dispute any charge You must notify Locally Located, in writing, within thirty (30) days of any claim relating to the disputed charge.
Charges shall be solely calculated based upon invoicing records maintained by Locally Located for the purpose of billing. No other measurements or statistics of any kind shall be accepted by Locally Located or shall have any effect under Your agreement with Locally Located. Locally Located disclaims any representation or warranties, express or implied, concerning the validity of clicks on any Ad(s) and You shall not hold Locally Located responsible for clicks on any Ad(s), regardless of the source or intent of the clicks. In the event that You believe that Clicks on Your Ad(s) are the result of fraud or fraudulent activity, Locally Located shall work, in good faith, with You to investigate and resolve the dispute. To the extent that Locally Located determines that clicks on Your Ad(s) are the result of fraud, a refund of fees charged for said fraudulent clicks will be provided to You. In the event You fail to make timely payment, You will be responsible for all reasonable expenses incurred, including, but not limited to, reasonable attorneys' fees incurred by Locally Located in collection of said fees.
Your right to access Your Account is subject to credit limits established by Locally Located; or if payment is not charged to Your credit, charge/ debit card for any reason; or if there is a chargeback, for any reason, Locally Located may demand immediate payment for all outstanding balances due pursuant to Your agreement with Locally Located and other agreements between the parties, and You agree to pay all outstanding charges upon demand. Further, Locally Located may terminate Your Account in whole or in part, including removal of the Ad(s) and will asses a fee of $35.00 for all returned checks, declined credit cards or chargeback requests on Your Account.
You must provide Locally Located with a valid credit card or other payment method approved by Locally Located, and authorize Locally Located to automatically charge Fees to the credit card in advance for each Term until the Subscription is cancelled or otherwise terminated. Should the Subscription Fees not be paid in a timely fashion, Locally Located may, in addition to any other available remedies at law, suspend or terminate Your Subscription and/or Ad(s) and any unpaid amounts will bear interest at the rate of one and one half (1 1/2%) per month. Subscription Fees are exclusive of applicable taxes. You are responsible for paying all taxes, government charges and reasonable expenses, including attorneys' fees or collection agency fees, Locally Located incurs collecting unpaid amounts. To the extent permitted by law, refunds are at the sole discretion of Locally Located. Nothing in these Terms and Conditions obligates Locally Located to extend credit to any party.
Trademarks and Service Marks:
Locally Located and its logos are either trademarks, registered trademarks or service marks of Locally Located or its affiliates and cannot be copied, imitated or used, in whole or in part without permission. You cannot use meta tags or any other hidden text utilizing Locally Located or any other name, trademark, or product name of Locally Located without permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute endorsement, sponsorship, or recommendation thereof by Locally Located.
Links to Other Sites:
Locally Located contains links to other Sites and Services. These third party sites are not under Locally Located's control, and are provided to You for convenience only. The inclusion of any link does not imply endorsement, affiliation, or adoption by Locally Located of the content or information contained therein. Locally Located is in no way, shape or form responsible and/or liable for the content of any sites linked to Locally Located. You should make any investigation into the links You deem appropriate before proceeding with any transactions.
Digital Millennium Copyright Act:
Fair Housing Act Regulations:
All real estate advertising and real estate advice posted on the Site and/or Service is subject to Title VIII of the Civil Rights Act of 1968, as amended (the "Fair Housing Act"). The Fair Housing Act prohibits discrimination, for any reason, in the sale, rental and/or financing of dwellings, and any other housing-related transactions based upon race, color, national origin, religion, familial status (including people securing custody of children under the age of 18), sex, and disability (handicap). The Site and/or Service will not knowingly accept any real estate advice and/or advertising which in any way violates any applicable law. You cannot, and must not, submit or post any ad which discriminates based on race, national origin, color, sex, religion, sexual orientation, familia status, handicap or disability.
You hereby indemnify, defend and hold harmless Locally Located, its officers, directors, employees, agents, affiliates, subsidiaries, parent companies and/or corporations, licensors, suppliers, advertisers and any third party information providers to Locally Located from and against any and all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from violation of any of these TOU.
Locally Located does not warrant the Featured Listings and/or real estate advice placed on the Site. Accordingly, any actions taken by You in connection with the information viewed on the Site is at your own peril, and Locally Located does not accept liability for such actions.
Disclaimer of Warranties:
The Locally Located Service is provided on an "as is" basis without warranties of any kind, either express or implied. You hereby expressly agree and covenant that Your use of the Site, including all content or data distributed by, downloaded or accessed from or through this Site is at Your sole risk. Locally Located disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness, title and/or non-infringement as to the information, content and materials on the Site. Locally Located in no way, shape or form represents or warrants that the materials provided on the Site are in any way accurate, reliable, complete, error-free, current or otherwise safe. Locally Located is not responsible for errors, including typographical errors, nor is it responsible for omissions, text or photography.
Representations and Warranties:
You hereby represent, covenant and warrant to Locally Located that:
- You have the right, power and/or authority to enter into this Agreement with Locally Located;
- You will comply with all applicable local, state and/or federal laws, statutes, regulations, ordinances, orders, amendments and rules with respect to Submissions, including, without limitation the Fair Housing Act;
- Your Submissions will in no way, shape or form infringe upon or otherwise violate the rights of any third party and will otherwise comply with the TOU;
- All information that You provide to Locally Located is true and accurate;
- You will only submit material related to real estate listings and real estate advice. If the Submission concerns real estate listings You will only submit material related to real estate listings for which You have a valid and current contract and/or agreement with the owner of said real estate to list said property; and
- If required by law, or otherwise, You have all licenses and authorizations from the applicable authorities to allow You to act as a licenses real estate professional.
You must be at least 18 years of age to use Locally Located. By using Locally Located's Service and/or Site You represent, warrant and covenant that You are at least 18 years of age and that You agree to abide by the TOU.
Limitation Of Liability:
In no event shall Locally Located, its officers, directors, employees, agents, affiliates, subsidiaries, parent companies and/or corporations, licensors, suppliers, advertisers and any third party information providers or data providers be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to the loss of use, loss of profits or loss of data, loss resulting from real estate advice posted on the Site and/or Service, whether in an action sounding in tort or contract, equity or otherwise arising out of or in any way connected with the use of the Site, the Submissions or Locally Located's Service.
Choice Of Law, Waiver and Claims:
The TOU shall be governed by the laws of the State of New York without regard to its conflict of law provisions to the contrary. Locally Located's failure to exercise or enforce any rights or provisions of the TOU shall not be deemed to waive such rights or provisions. If any provision of these TOUs be found by a court of competent jurisdiction to be invalid, the court shall give effect to the parties' intentions as reflected within the provision and all other provisions of the TOU shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any and all claims arising out of or related to Your use of the Service shall be filed within one (1) year after said claim or cause of action arises or be thereafter forever barred.