This Agreement is by and between LocalSitesFor.com, Sherwood, Oregon, USA and you, the Customer. Unless the context requires otherwise, LocalSitesFor.com and/or their assigns shall be referred to as "LSF, us, we, or our" and Customer shall be referred to as "Customer, you, or your."
LSF reserves the right to amend this Agreement as needed from time to time, and Customer agrees that any such amendment will apply to you. The use of our services or payment for services shall constitute your acceptance of any and all amendments. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with the Termination section below.
Customer must accept and agree to the terms and conditions of the LSF Customer Agreement before you can start using the service.
LSF has developed and operates a comprehensive service (“Service”) which allows businesses to either obtain an Internet presence or enhance their current Internet presence so people searching via the Internet have a better chance of finding that business.
Enrollment in LSF’s Service(s) is an easy-to-use, flexible multi-step process that requires Customer to complete an online business survey. LSF requires a completed survey before we can provide you with the Service ordered. Any information provided on the survey can be updated and changed by Customer at any time.
Any issues arising from the content entered or submitted by Customer are the responsibility of you, the Customer and not LSF. LSF is in no way responsible for the wording, spelling, grammar or content submitted by Customer, nor for any legal review or legal protection express or implied. Customer agrees to hold LSF harmless from any results of Customer Information submitted or entered by the Customer online.
LSF guarantees that your information will show up at LSF controlled sites within two to five business days from the date we have complete information. LSF does not guarantee how quickly your information will show up on sites that LSF does not own or have control over. Customer agrees to work with LSF in providing any requested information to third parties who need Customer confirmation before allowing your information to be posted to their site. Examples of third party sites include but are not limited to Google* Local and Yahoo!* Local.
In order to purchase and receive the Service, you must be at least 18 years old and provide a valid credit card. To use the Service, you must have Internet access. LSF is not responsible for the quality of the service provided by your Internet service provider. Interruptions in your Internet service may affect your ability to access LSF’s Service to update your account information.
Setup Fee/Monthly Service Charge
When you enroll in the Service, you will be charged a setup fee which will include all costs associated with setting up your account as well as the first 30 days of service. You may cancel your Service anytime within that first 30 days and your full setup fee will be refunded.
After the initial 30 days, you will be charged the monthly service charge associated with the Service level you purchased. This will be charged to your credit card at the beginning of each 30-day service period. You may cancel at anytime. Your Service will be terminated at the end of the 30 day period for which you have already paid. You will need to pay another setup fee if you choose to restart your Service at a later time.
To cancel Service at any time, Customer must notify LSF in writing at firstname.lastname@example.org. We will respond with a confirming email within 1-2 business days. If you have not heard from us, then it is Customer’s responsibility to call us at 1-800-618-1215 to cancel the Service. LSF is not responsible for lost or misdirected email.
LSF will make every effort to keep the monthly service fees the same as what was listed on our website at www.LocalSitesFor.com at the time you enrolled in the Service. However, LSF reserves the right, at our sole discretion, to raise rates annually with a 30-day prior notification sent via email.
LSF accepts payments only via credit card through our secure website at www.LocalSitesFor.com. By enrolling in our Service, you agree to allow us to charge your credit card the setup fee, recurring monthly service fee, and any additional usage, services, taxes, and fees. LSF is not responsible for any charges or fees (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by LSF. You agree to pay all taxes, surcharges, and fees set by the government, if any, which may now or hereafter be imposed or levied upon any charge, fee, or other amount due from Customer including, without limitation, the charges for monthly service and setup fees. All payments must be in US dollars.
Customer agrees to provide accurate billing and contact information including legal name, address, telephone number, email address, and credit card/billing information, and report all changes to this information immediately. LSF is not responsible for any misdirected emails, for not receiving a specific email, or for you not regularly checking your email.
You are responsible for any charges to your account. Questions regarding charges to an account should be directed to LSF at 800-618-1215. All charges after 30 days shall be deemed correct unless you give LSF written notice of any error prior to that date. Adjustments will not be made for charges that are more than 30 days old.
Your Account, Password and Security
Upon enrollment, you will receive a username, password, and other account information. You and members of your household or business are the only authorized users of your LSF account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify LSF immediately upon discovering any unauthorized use of your account. You acknowledge and agree that LSF cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, from shared or unsecured user names and passwords, or for any acts or omissions, of you or any of your agents, assignees or E-Mail Users, including any damages of any kind incurred as a result of such acts or omissions.
You agree: (1) to use our Service in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property: (4) to accept emails from us.
Customer grants LSF unlimited permission to copy, publish, and post to the Internet, through any and all means used by LSF to provide the Service, any information, including but not limited to logos, business information, and text files, uploaded by Customer to LSF to promote your business. Customer agrees to hold LSF harmless from any results of using the Customer information provided to LSF. If Customer does not wish for information to be put on the Internet, your sole remedy is to not upload it to LSF’s website. If something is inadvertently uploaded, Customer agrees to edit or remove their information, or if there are problems agrees to contact LSF immediately at email@example.com or call 1-800-618-1215. LSF agrees to immediately remove the information, however, LSF cannot guarantee how quickly it will be completely removed from all areas of the Internet. Customer agrees to hold LSF harmless for any information uploaded to LSF’s website regardless of the reason.
Any URL’s or services from third-parties purchased by LSF in the course of providing LSF’s Service to you are the sole property of LSF.
LSF does not promise or guarantee that you will increase your business earnings or number of customers through using our Service. LSF is not responsible for your actions and how you choose to utilize our Service. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our materials.
LSF reserves all rights in or to its website content, logos, trademarks, and servicemarks. Customer is not allowed to use any of this material without express written permission from LSF.
LSF, at its sole discretion, reserves the right to monitor all data, logos, or other information from Customer and to remove inappropriate content or discontinue Service if Customer’s information promotes sexually explicit material or violence; discrimination based on race, sex, religion, national origin, or physical disability; or illegal activities.
If we learn of a violation or likely violation of our Terms of Service, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the Terms of Service, LSF reserves the right to terminate your Service immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. All monthly service fees must be current before LSF can re-establish your Service.
Unsolicited Commercial Email or SPAM
LSF in no way participates in mass unsolicited emailing (i.e. spamming, bulk emailing), and all Customers are expected to adhere to this policy as well when using LSF’s Service. Violation of this policy, including the first offense, will result in the immediate termination of your Service and forfeiture of any funds that have been paid. Customer will also be in violation of the LSF Customer Agreement and subject to legal action and be held liable for any financial loss incurred by LSF. Bottom line: If you spam you're out!
Limited Warranty/Limitation of Liability
You understand that LocalSitesFor.com and/or their assigns does not guarantee or predict any type of profit or response from said Services. LSF MAKES NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE LOCALSITESFOR.COM, ITS SUBCONTRACTORS, EMPLOYEES, AND LOCAL AGENTS/AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. LSF makes no representation that the operation of our site will be uninterrupted or error-free, and we shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
Customer agrees to hold LSF, their employees, agents, affiliates and assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which LSF and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, even if LSF has been advised of the possibility of such damages, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages, or liabilities. Further, LSF’s aggregate liability arising with respect to this Agreement will not exceed the total paid by Customer to date or the equivalent of 12 months of service, whichever is less.
LSF makes no warranties expressed or implied with regard to Customer except as outlined in this Agreement.
Transfer/Assignment of Service
Customer may not transfer your rights under this agreement without our prior written consent. In the event of a merger or acquisition, LSF will not unreasonably withhold its consent unless LSF determines, at its sole discretion that the new entity is in direct competition with LSF. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us. LSF may choose to terminate an account that is no longer being used by the Customer who originally purchased the Service.
We may assign this agreement at any time without prior notification.
LSF may terminate your account (a) if you violate our Terms of Service Policy; (b) fail to pay fees when due or after notice; (c) fail to correct any breach of this Agreement; or (d) for any reason, in our sole discretion. Termination for cause will result in the cancellation of your Service and forfeiture of any fees that have been paid to date.
You may cancel at any time by notifying LSF in writing at firstname.lastname@example.org. We will respond with a confirming email within 1-2 business days. If you have not heard from us, then it is Customer’s responsibility to call us at 1-800-618-1215 to cancel the service. LSF is not responsible for lost or misdirected email.
Headings: The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions.
Notices: All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
Force Majeure: Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
Severability: If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force.
Waiver: No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Executability: This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. By clicking below, you represent that you are duly authorized to enter into this Agreement on behalf of your business or organization.
Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Oregon, Washington County. This agreement is further governed by and construed in accordance with the laws of the United States of America. Any lawsuit relating to this Agreement must be brought in the federal or state courts located in Washington County, Oregon.
Before instituting litigation, both parties agree to submit any disputes to arbitration in Washington County, Oregon, under the rules of the American Arbitration Association, and the finding of the Arbitrator shall be binding on all parties. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Entire Agreement: This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Except as stated above, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties.
By purchasing a LocalSitesFor.com package, CUSTOMER ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. You have independently evaluated this Agreement and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
|Copyright © . LocalSitesFor.com. All rights reserved.|
Local Site Domains |
Local Sites For.org |