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Terms of Service

Locally Trusted Advertising Service Agreement

1.0 Acknowledgment And Acceptance Of Agt.
  • 1.1 The Locally Trusted Advertising Service (the "Service") is provided to you ("you" or "User") under the terms and conditions of this Advertising Service Agreement (the "Agreement"), which may be updated by Locally Trusted from time to time without notice to you.
  • 1.2 BY PURCHASING A LISTING ON THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU WILL PROVIDE TRUE, ACCURATE, CURRENT, AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS OR ALTERNATE MEANS OF CONTACTING YOU) IN YOUR REGISTRATION FOR THE SERVICE, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
2.0 Description Of The Service.
  • 2.1 Locally Trusted Advertising Service is a fee-based service provided by Locally Trusted to serve the needs of businesses. Business owners who sign up for the Service can receive placement on the Locally Trusted site of enhanced business listings that include details about their business such as hours of operation a link to a company web site, and other information that is valuable to the user.
  • 2.2 All listings submitted to the Service must meet the following minimum criteria:
    • The listing must be for a business based in the United States.
    • The web site for the listing, if any, must be in the English language with the official business name visible to any visitor to that site.
    • The listing, and the web site(s) at the URLs included as part of the listing, if any, must not contain any content, products, services, or other information that in Locally Trusted’s sole determination may be illegal to sell under any applicable law, statute, ordinance, or regulation, that may infringe or violate anyone's rights, or that Locally Trusted believes, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of the Service.

      These criteria are minimum requirements only, and Locally Trusted, in its sole discretion, may consider other criteria before accepting the submission.
  • 2.4 Locally Trusted reserves the right to decide whether, where, and how a listing appears on the Locally Trusted site.
  • 2.5 As part of your service, you may receive the temporary use of telephone numbers that are used to report how many calls you receive each month. Locally Trusted shall control these numbers and may replace or change the numbers without notice.
  • 2.6 NOTHING IN THIS AGREEMENT OBLIGATES Locally Trusted TO ACCEPT YOUR LISTING.
3.0 Payment Terms.
  • 3.1 In order for Locally Trusted to consider your listing, you must submit a valid credit card or checking account number, or provide other payment information acceptable to Locally Trusted in its sole discretion. Unless you prepay several months, you agree that your credit card or checking account will be charged the current monthly fee specified when you ordered the Service on the date that you submit your listing and will continue to be charged the current monthly fee on that date on each subsequent month during the term of this Agreement. You acknowledge that the payment of this fee does not in any way guarantee that all your suggested enhancements will be added to your listing. Locally Trusted may change its fees upon notice to you.
  • 3.2 In the event that you prepay for several months of service, we will consider the prepayment to be earned by us evenly each month we render services to you.
  • 3.3 In the event that your credit card is declined or you otherwise fail, for any reason, to make any payment within 15 days of its due date, the total amounts due during the Initial Term will accelerate and you will immediately be liable for the monthly fee times the number of months remaining in the Initial Term.
  • 3.4 In the event that your credit card expires, you hereby give us permission to submit the credit card charge with a later expiration date.
4.0 Term And Termination.
  • 4.1 The term of this Agreement will be for the period agreed to orally by you and Locally Trusted, commencing on the date that your listing is placed on the Service (the "Initial Term"). After the expiration of the Initial Term, this Agreement shall automatically renew for successive monthly periods at renewal rates applicable at the time, unless notice of termination is provided in accordance with Section 4.2 below; provided, however, that to qualify for each renewal the listing must, at the time of renewal, be in substantial compliance with the material terms and conditions of this Agreement. Locally Trusted shall have the right, but not the obligation, to review the listing for compliance with this Agreement as part of the renewal process, or at any time.
  • 4.2 After the expiration of the Initial Term, either party, in its sole and absolute discretion, may terminate this Agreement upon 30 days’ prior notice in the manner described in Section 10 regarding notice. If you terminate this Agreement effective prior to the end of a month, your cancellation of the Service will not take effect until the end of that month and you will not receive a refund for the partial month.
  • 4.3 Notwithstanding the foregoing, Locally Trusted may, but has no duty to, immediately terminate this Agreement and remove the listing from the Service for any reason, including if you have provided false information as part of your submission, are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services, are engaged in activities or sales that may damage the rights of Locally Trusted or others, or have otherwise breached the terms of this Agreement. Any termination under this Section 4.3 shall take effect immediately without any opportunity to cure. For the month in which termination of this Agreement occurs, your credit card will be charged the full amount of the then current monthly fee without any pro-ration of any kind.
  • 4.4 The provisions of Section 5, 6, 8, 9, 10, 11, and 12 shall survive any termination of the Agreement.
5.0 Privacy And Communications.

By placing a listing through the Service, you agree to receive communications essential to your use of the Service--for example, an email about a change in Service pricing. For other, non-essential communications related to the Service, including promotional messages, you will have the choice to opt-out upon receipt of the first non-essential communication. You may exercise this choice from instructions provided within the first non-essential communication. In order to learn more about the needs of its customers and to combat spam, Locally Trusted monitors and records all communications between You and people who see your listing on the Service. You hereby consent to such monitoring and recording, specifically including the recording of calls between You and people who called you after seeing your listing on the Service.

6.0 Indemnity.

You agree to indemnify, defend, and hold harmless Locally Trusted and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, and agents, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or listing in the Service, the acceptance or rejection of your listing, any alleged violation of this Agreement, any alleged violation of any rights of others, or any action or failure to act by You. Locally Trusted reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You, which shall not excuse your indemnity obligations.

7.0 Traffic Guarantee.

Locally Trusted guarantees that each full month, your listing results page will get at least 500 unique users. The listing results page is the page where multiple advertisers for a single city are listed together, such as http://Contractors.locallytrusted.com/Dallas-Texas or http://Contractors.locallytrusted.com/Austin-Texas. In the event Locally Trusted fails to meet the guarantee, Locally Trusted will provide twice the number of unique users to the results page the following month. For example, if Locally Trusted is 50 short one month, you will get an extra 100 unique users the next month for free!

8.0 Disclaimer Of Warranties And Liabilities

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. Locally Trusted AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY CHARACTER, EVEN IF Locally Trusted IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THIS SERVICE OR THE CONTINUATION OF YOUR LISTING IN THE SERVICE. Locally Trusted’S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO Locally Trusted UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9.0 Force Majeure

No party to this Agreement shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

10.0 Notices

Any notices or communications under the Agreement shall be by electronic mail or in other form of writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Locally Trusted, such notices shall be addressed to cs@locallytrusted.com, or to such other address as Locally Trusted may provide to you. If to you, such notices shall be addressed to the electronic mailing address or other mailing address provided by you, or by displaying notices or links to notices to you generally on the Service. It is your obligation to keep your contact information with Locally Trusted current.

11.0 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties.

12.0 General

The Agreement and the relationship between you and Locally Trusted shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. You and Locally Trusted agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts located in Austin, Texas. Locally Trusted’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, to the Agreement, or to your listing must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any and all press releases and other public announcements related to the inclusion of your listing in the Service, including the method and timing of such announcements, must be approved in advance by Locally Trusted in writing. Locally Trusted reserves the right to withhold approval of any public announcement in its sole discretion.