Terms of Use

Terms of Use

Effective May 3, 2017

The use of LocalGear.com, LLC ("Locally.com"), and its affiliated websites is governed by the following legal notices and conditions. By using Locally.com and its affiliated Websites, you agree to these conditions.

PRIVACY POLICY

Our Privacy Policy is available for all users and clients at https://www.locally.com/privacy.

HYPERLINKS

Some of the links we make available to you through our website will redirect you to leave our website(s). We cannot guarantee that the hyperlinks set out on our website(s) will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control. We cannot and do not monitor the websites linked to our pages on the Internet. Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. We believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by Locally.com or their sites or their content.

ELECTRONIC COMMUNICATIONS

We may send you communications from us electronically, whether by e-mail or similar electronic means. You agree that any such electronic communications are considered to be communications in writing.

INTELLECTUAL PROPERTY

All content included on the website, including but not limited to text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is the property of Locally.com or its vendor partners, media partners, retail partners or other business partners and protected by United States and international copyright laws.

Locally.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Locally.com in the United States and/or other countries. These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by Locally.com, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit Locally.com. There may be other trademarks not owned by Locally.com appearing on the website. Those trademarks are the property of their respective owners, who may or may not be affiliated with Locally.com.

If you believe that your work has been copied by Locally.com, then please contact Locally.com's Legal Department at: Local Gear LLC, Attn: Legal Department, 6223 Woodcrest Drive, Ellicott City, MD 21043, Legal@Locally.com.

LICENSE AND SITE ACCESS

Locally.com grants you a limited license to use its websites for business use only. You may not copy or reproduce the website, or any portion of it, without Locally.com's express written consent. In addition, Locally.com grants you a limited, revocable, and nonexclusive right to create a hyperlink to Locally.com's website, so long as the link does not portray Locally.com in a misleading, derogatory, false, or otherwise offensive manner.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Locally.com reserves the right to refuse service, terminate accounts, remove or edit content, or terminate entries in contests in their sole discretion. If you are under 18, you may not use Locally.com without the involvement of a parent or guardian over the age of 18.

SECURITY

The Internet, being an open network, is not secure. If you choose to send any electronic communications to Locally.com by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. Locally.com does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, Locally.com makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post content on certain portions of Locally.com's websites, and submit other content or information to Locally.com, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Locally.com. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own email address in submitting or posting such content. Locally.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Posting content or submitting material shall grant Locally.com the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant Locally.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify Locally.com for all claims resulting from content you supply. Locally.com has the right but not the obligation to monitor and edit or remove any activity or content. Locally.com takes no responsibility and assumes no liability for any content posted by you or any third party.

PRESS RELEASES

All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Locally.com's knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.

OFF-SITE SAAS SERVICES

(1) Support Services and Uptime. For companies utilizing Locally's tools on their own website, support services include unlimited remote service and support during normal business hours and 24x7 for emergency support. Customer will designate one individual who will be the authorized point of contact for all technical support communications between Locally.com and Customer at all times. Locally.com will use commercially reasonable efforts to keep the SAAS System available on a 24 hour a day, 7 day a week basis, subject to occasional scheduled downtime (during non-working hours, for short periods of time, typically on Sundays and communicated in advance) for maintenance purposes, unforeseen maintenance and systems outages, or routine testing of the Services.

(2)Limited Use. You and your Users may access the SAAS System and use the SAAS Services solely to support and operate in your internal business (i) the Products purchased by you from Locally.com; and (ii) Locally.com's web-based monitor and control management portal (“the “Portal”). Locally.com reserves the right, in its sole discretion, to limit your and/or your Users' use of the SAAS Services in the event that Locally.com determines that your and/or your Users' use thereof to be inconsistent with such purposes, and/or otherwise inconsistent with these Terms of Use.

(3) Billing Terms. Following expiration of the Initial Term, the Term of Service will automatically revert to a month to month arrangement until either party gives the other party notice of non-renewal at least 30 days prior to the next scheduled renewal date. You agree to pay at the time indicated in the Agreement Terms all payments due from you thereunder. If not otherwise indicated in the Agreement Terms, all payments are due thirty (30) days from invoice. Service Provider grants to Customer a limited, non-exclusive, terminable, non-transferable license to access the SAAS Services through the SAAS System, or by any other means on which the parties may agree, and to use the SAAS Services during the Term or Service, subject to the Terms of Purchase and Use located here, as Service Provider may revise such Terms of Use from time to time.

(4)Termination of the SAAS Subscription Agreement. In the event that you breach any term of the SAAS Subscription Agreement, or you or your Users breach these Terms, and such breach is not cured within 10 days after receipt of notice thereof from Service Provider, Service Provider may terminate the SAAS Subscription Agreement in whole or in part immediately upon written notice to you. Notwithstanding the foregoing, there shall be no cure period for any Event of Default that is not curable. Upon expiration or prior termination of the SAAS Subscription Agreement, all rights granted herein shall revert to Service Provider. All access to and use of the SAAS Services by Users must then cease, and all materials, applications and tools downloaded from the SAAS Service must be erased, deleted, or destroyed.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

To the full extent permissible by applicable law, Locally.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Locally.com does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from locally.com are free of viruses or other harmful components. Locally.com will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You and your Users release and waive all claims against Service Provider, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your and your Users' use of the Products and the SAAS Services.

This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by locally.com on an "as is" and "as available" basis, unless otherwise specified in writing. Locally.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

CLAIMS AGAINST LOCALLY.COM

If you have a claim against Locally.com, you agree that it will be resolved by binding arbitration. This means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. You also agree not to bring a class action suit against Locally.com, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.

APPLICABLE LAW

The law of the State of Louisiana and federal law to the extent applicable governs the use of Locally.com sites. Any claim which qualifies to be filed in a court of law will be heard exclusively in the appropriate jurisdiction of the Louisiana court system.

LOCALLY.COM'S RIGHT TO AMEND AND REMOVE POLICIES

Locally.com has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.

LOCALLY.COM'S ADDRESS

LOCAL GEAR LLC Attn: Legal Department 6223 Woodcrest Dr., Ellicott City, MD 21043 Email: Legal@Locally.com