LocalLaunch! Terms
and Conditions of Use
By
accessing or using LocalLaunch!, you agree to be bound by the following terms
and conditions of use:
These terms and
conditions of use may be changed at any time by LocalLaunch! posting changes
online. Your continued access and use of LocalLaunch!'s Web site will mean that
you agree to be bound by the most current version of the terms and conditions of
use. Please check the terms and conditions regularly.
Section 1: Copyright
warning
LocalLaunch! endeavors
to ensure that information is correct but does not accept any liability for
error or omission.
Users are permitted to copy some material for their
personal use, but may not republish any substantial part of the data either on
another website or as part of any commercial service without the prior written
permission of LocalLaunch!.
Section 2:
Conditions of use
LocalLaunch! seeks to
enhance its relationship with its clients and business partners through its
site. We therefore expect that you and anyone else using your LocalLaunch!
accounts will be responsible and have respect for the utilities on the Web site
and for other users. For your benefit LocalLaunch! reserves the right to
prohibit abusers of the site and its contents and to terminate any accounts this
user might have.
Abuse would include
things like acts, which violate the law, posting threatening, abusive or
harassing or vulgar materials, transmission of viruses and other disruptive
material, transmission of junk or spam mail, advertising and endorsement of
products or services without LocalLaunch!'s permission, and attempts to collect
or store personal information about other users of LocalLaunch!'s Web site.
You are
solely responsible for any and all information that
you distribute in any way ('Your Content') using LocalLaunch! and any
consequences that may result from Your Content. You acknowledge that, like you,
each user of LocalLaunch! is solely responsible for any and all information.
LocalLaunch! does not review and has no obligation to monitor such content.
LocalLaunch! has the right to refuse and remove any content
uploaded, posted distributed using LocalLaunch!'s Web site, including any of
Your Content. LocalLaunch! may also retain Your Content and disclose Your
Content (including the contents of your private
communications):
(a)
if required by law
(b) to properly operate and maintain LocalLaunch!'s Web
site
(c) in connection with any claim that Your Content violates the rights
of any third-party
(d) to protect itself, its officers, directors and
employees, the users of LocalLaunch!'s site and the public
(e) to enforce
these terms and conditions.
By
providing Your Content through any publicly accessible areas of LocalLaunch!'s
site, you automatically grant to LocalLaunch! a perpetual, royalty free,
irrevocable, non-exclusive right and license to use reproduce, modify, adapt,
publish, translate, create derivative works from and distribute such of Your
Content into any form, medium or technology now known or hereafter developed. In
addition you waive any and all moral rights in such of Your Content.
Section 3: Company's
Liability; Disclaimer of Consequential Damages
The
Content comes from sources believed to be accurate, but may contain inaccuracies
or typographical errors. LocalLaunch! makes no representations about the results
to be obtained from using the LocalLaunch! Site or the Content. The use of the
LocalLaunch! Web site and the Content is at your own
risk.
YOU
ACKNOWLEDGE THAT IN CONNECTION WITH THE LOCALLAUNCH! SITE, INFORMATION WILL BE
TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER
LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND
SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES,
INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND
JURISDICTION OF LOCALLAUNCH! AND ITS SUPPLIERS. ACCORDINGLY, LOCALLAUNCH!
ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR
CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE
OF THE LOCALLAUNCH! SITE. IF YOUR USE OF THE LOCALLAUNCH! SITE OR THE CONTENT
RESULTS IN THE NEED FOR SERVICING OR REPLACING DATA OR EQUIPMENT, LOCALLAUNCH!
IS NOT RESPONSIBLE FOR THOSE COSTS.
THE LOCALLAUNCH!
SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF
ANY KIND. LOCALLAUNCH!, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. LOCALLAUNCH!, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
CURRENTNESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR
COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE LOCALLAUNCH!
SITE.
IN NO EVENT SHALL
LOCALLAUNCH!, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE
LOCALLAUNCH! WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE LOCALLAUNCH! AND THE CONTENT WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOCALLAUNCH! IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. Order
Acceptance
The
receipt of an email order confirmation does not constitute the acceptance of an
order or a confirmation of an offer to sell. LocalLaunch! reserves the right,
without prior notification, to limit the order quantity on any item and/or
refuse service to any customer. Verification of information may be required
prior to the acceptance of any order.
Section 5.
Termination of Usage
LocalLaunch!, Inc. may
terminate User access, or suspend any User's access to all or part of its sites
and services, without notice, for any conduct that LocalLaunch!, in its sole
discretion, believes is in violation of any applicable law or is harmful to the
interests of another User, a third-party Provider, a Merchant, a Sponsor, a
Licenser, a service provider, or LocalLaunch!.
Section 6: Links to
Other Sites
LocalLaunch! may
contain links to third party websites. These links are provided solely as a
convenience to you and not as an endorsement by LocalLaunch! of the content on
such third-party websites. LocalLaunch! is not responsible for the content of
linked third-party sites and does not make any representations regarding the
content or accuracy of materials on such third-party websites. If you decide to
access linked third-party websites, you do so at your own risk. Your use of
third-party websites is subject to the terms and conditions of use for such
sites.
Section 7:
Indemnity
You
agree to defend, indemnify and hold LocalLaunch!, its officers, directors,
employees and agents, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your use of the
Content and the Services in a manner that violates or is alleged to violate
these Terms and Conditions. LocalLaunch! shall provide notice to you promptly of
any such claim, suit, or proceeding and shall reasonably cooperate with you, at
your expense, in your defense of any such claim, suit or
proceeding.
Section 8:
Jurisdiction
You
expressly agree that exclusive jurisdiction for any dispute with LocalLaunch!,
or in any way relating to use of the LocalLaunch! Site, resides in the courts of
the State of Illinois and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of the State of Illinois in
connection with any such dispute including any claim involving LocalLaunch! or
its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
These Terms and
Conditions are governed by the internal substantive laws of the State of
Illinois, without respect to its conflict of law principles. If any provision of
these Terms and Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or condition or any other
term or condition.
Section 9. Google AdWords Credits
To
receive advertising credit, one must register 7 days prior to the seminar date.
One must also supply their Google AdWords account ID at the time of registration.
LocalLaunch will not be responsible for applying the credit, ensuring the credit
is supplied, or any monetary obligations associated with the Google AdWords
supplied credits.
Section
10.Attendence Policy
Registrants shall only be individual
advertisers. Any employee, member
or representative of any agency, search engine marketing firm, or other firms
which manage AdWords for clients are not eligible for registration.
Section 11.
Cancellation Policy
Registration fees are
non-refundable unless the seminar is cancelled. Scheduled seminars are subject
to cancellation up to seven days before the scheduled date. If a class is
cancelled, registrants will receive a full refund. You may transfer your
registration to another person at your company at any time by providing written
authorization.
Section 12. Complete
Agreement
EXCEPT AS EXPRESSLY
PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE LocalLaunch! WEBSITE, OR IN THE
SERVICE AGREEMENT, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE LocalLaunch! SITE,
SERVICES, AND CONTENT.