Terms of Service
The Choose Local service ("Service") includes the web site at ChooseLocal.com ("Site"), and is organized primarily to market locally owned businesses.
1. Acceptance Triggered By Use
Please note that this Service Agreement limits our liability and we do not provide warranties for the Service. This Service Agreement also limits your remedies. These warranty disclaimers and limitations are covered in Sections 15 and 16 and we urge you to read them carefully.
We may modify this Terms of Service at any time at our sole discretion and such modification shall be effective upon posting by Choose Local on the Site when you login. If we do, we will revise the "Last updated" date at the top of this Agreement. Your continued use of the Choose Local Service after Choose Local posts a revised Terms of Service signifies your acceptance of the revised Terms of Service. As a result, it is important that you review these Terms of Service regularly and you may review the current version of these Terms of Service at any time at www.chooselocal.com/pages/terms
Access to the site is free, in the future we may require a user name and password to access parts of the website.
2.1. Users. This site is intended for users 18 years of age or older, and is not available to terminated or suspended users. By using the Service or accessing the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by all the terms and conditions of this Service Agreement. Additional eligibility requirements for certain users will be defined below.
2.2 Business Eligibility. Your company's main place of business must be located nearby, and be;
2.3 Business Membership. Any fees paid for an Business Membership are non-refundable. Choose Local reserves the right to terminate membership for anybody with Business Membership for failure to pay for the Service, and also reserves the right to change the benefits and fees associated with Business Membership, with or without notice, at any time. To discontinue future billings for Business Membership, send an email to "cancel AT chooselocal DOT com" with your user name and last four digits of the registered credit card, and a telephone number for verification.
2.4 Fees and Payments. Credit cards are the preferred method of payment for all fees paid to Choose Local. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.)
Notification for various fees for access to various features and services of the Service will be done via the site. If we notify you of new fees or change the fees for an existing features or services, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.
3. Registration; Account Security.
In consideration for using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You agree not to impersonate any person or entity or otherwise misrepresent your identity in your profile or elsewhere on the Site. Furthermore, you agree not to misrepresent your age or your affiliation with any person or entity and to provide Choose Local with a valid, current email address, both at the time of registration and from time to time as your email address changes.
Your membership is solely for your business use and you agree not to authorize others to use your account, profile, or messages. You assume sole responsibility for all uses of your account including without limitation content published, messages sent or posted, and interactions with other members, whether or not you have authorized such activities. You agree to maintain the accuracy of your registration information and to keep account information confidential. You have an obligation to inform us immediately upon learning of a security breach that relates to your account or a third party's improper use of the Service. You agree to bear all risk associated with content you or others provide using your account. You understand that we have no obligation to prescreen, manage, or edit content made available through the service.
If you provide any information in your profile that is untruthful or inaccurate, or Choose Local has reasonable grounds to suspect that any information is untruthful or inaccurate, Choose Local may suspend or terminate your privileges with respect to the Site.
4. Your Information.
4.1 General. "Member Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for the use of the Service. Member Information may be characterized as follows; any Member Information that you submit or make available for inclusion on publicly accessible areas of our website shall be referred to as "Public Information" (e.g. your business name, your location); any other Member Information shall be referred to as "Private Information."
You agree to be solely responsible for Member Information, and Choose Local agrees only to act as a passive conduit for the online distribution and publication of Member Information. Some areas of the Site are available to other Members or to the general public; thus, Public Information that you provide may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers and other similar programs and Choose Local assumes no responsibility for the dissemination of this information.
Obligations with respect to this Service Agreement and any posted revisions thereto shall remain effective for as long as you are a Member or access the Site. You may cancel the Service at any time for any reason, after the first six months. We may cancel, suspend, or block your access to the Service at any time, to be effective immediately, without cause and without notice. Once the Service is cancelled, you will no longer be able to access or retrieve any data you had stored on the Service.
6. Monitoring and Disclosure.
We may monitor your communications and may disclose content and information about you, including content contained within your communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this Service Agreement including maintaining this Service and the Code of Conduct; or (3) protect the rights, property, personal safety or interests of Choose Local, its employees, its customers, or the public.
7. Code of Conduct.
In consideration for accessing the Site and using the Service, you agree to comply with the Code of Conduct and other notices we provide. We reserve the right to cancel, suspend, or block access to the Service for violations of the Code of Conduct, with or without notice.
Related to the Code of Conduct, we will monitor registration for participation that we feel is harmful to the Choose Local community, and remove User Content, profiles and all incidences of such participation at our discretion. Although we may tell you what meets our definition of harmful use before we remove you as a Member, we have no obligation to do so.
Membership in Choose Local is not open to anyone promoting, advertising or selling multi-level or network marketing companies (hereafter, "MLM"). For our purposes of Choose Local Membership, MLM is defined broadly as any business that recruits distributors, resellers, consultants, or others for the sale or representation of a product or service that does not originate from the person requesting membership with Choose Local, including without limitation matrix marketing and direct sales companies.
8. User Contributions to the Site.
8.1 Sole Responsibility for User Content. Choose Local provides users with the opportunity to contribute content to the Site. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that you upload, publish or display (hereinafter, "post") on the Site or otherwise submit to Choose Local (collectively, "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not Choose Local, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. You agree to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site. You agree not to post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.
8.2 No Obligation to Pre-Screen. Choose Local is under no obligation to and does not routinely pre-screen any User Content posted via the Site or sent to another user. As such, Choose Local does not guarantee the accuracy, integrity, appropriateness, quality, or validity of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of Choose Local and under no circumstances will Choose Local be liable in any way for any User Content, including without limitation any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site. As a result, you are solely responsible at your own expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Choose Local. Notwithstanding its lack of obligation, Choose Local may remove any User Content at any time at its sole discretion, including User Content that in the sole judgment of Choose Local violates this Service Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
8.3 Choose Local's Use of User Content. When you post User Content to the Site, you authorize and direct Choose Local to make such copies as Choose Local deems necessary, to facilitate the posting and storage of User Content on the Site. In addition, with respect to User Content that you elect to post or transmit for inclusion in or on the Site or that you otherwise submit to us (excluding any work commissioned and paid for by Choose Local under a separate agreement), you agree to grant to Choose Local, its affiliates and partners an irrevocable, perpetual, world- wide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such User Content, in whole or in part, in all present and future media and in any manner relating to the Site (including, without limitation, in connection with the appearance of such User Content on Choose Local and on the sites of our affiliates, partners and others with whom Choose Local may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that Choose Local is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose. You may remove User Content from the Site at any time. If you choose to remove User Content, the license granted above will remain in effect and you acknowledge that Choose Local may retain archived copies of your User Content. Notwithstanding, Choose Local does not claim ownership of User Content and subject to the rights granted to Choose Local in this Service Agreement, you retain full ownership of all of User Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
8.4 Choose Local's Obligations Related to Content. We have no obligation to maintain or store your content. Choose Local may delete, modify or restrict the display of User Content at any time for any reason, including but not limited to service cancellation, violation of the Service Agreement or violation of the Code of Conduct. Once deleted, User Content may not be retrieved.
You acknowledge that we may establish limits concerning use of the Service, including the length, number or size of photos, email messages, postings, or other content that are retained, stored, displayed, or transmitted by the Site. We may also limit the frequency with which you may access the Service. We reserve the right to modify or discontinue the Service (or any part or feature thereof) at any time, with or without notice.
10. Access to the Service.
We may offer parts of the Service in RSS format so that users can embed individual feeds into a personal web site or weblog or view postings through third party software news aggregators. We permit you to display, excerpt from, and link to the RSS feeds, provided that each title is correctly linked back to the Service and your use does not overburden our systems. We may terminate any RSS feed at any time. We prohibit access to the Service for data collection, aggregation, mining or extraction. We authorize an exception for general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. This exception is discretionary and excludes web sites or search engines that specialize in listings, postings, profiles, and discussion groups, or websites that are in the business of providing ad listing services.
11. Trademarks; Copyrights; Proprietary Rights.
11.1 Choose Local's Intellectual Property and Proprietary Rights. Choose Local owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site ("Choose Local Content"), excluding User Content. Choose Local owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Choose Local Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of Choose Local's Content in whole or in part except as expressly authorized in writing by Choose Local. Choose Local does not grant any express or implied rights, and all rights in and to the Site and to Choose Local's Content are retained by Choose Local.
11.2 No Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Choose Local's Site, use of the Site, or access to the Site for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the Choose Local Service.
11.3 Choose Local's Trademarks. The term Choose Local and anything on the site that identifies or distinguishes Choose Local from other goods are services are registered or unregistered trademarks of Choose Local, Inc. (the "Choose Local Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Choose Local Trademarks without Choose Local's prior written consent.
11.4 Intellectual Property Rights of Third Parties. Choose Local respects the intellectual property rights of others, and we ask our users to do the same. To the extent Choose Local uses a trademark that is the property of a third party, Choose Local endeavors to provide clear notice that (a) Choose Local does not own the trademark and that the trademark is the property of a third party, (b) Choose Local has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Choose Local's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Site or Service to those who may be repeat infringers.
12. Advertising and Sponsorships
You understand and agree that the Service may include advertisements and commercial listings and that these are necessary for us to provide the Service. You will not obscure these from general view via HTML/CSS or any other means.
13. Links to Other Websites.
The Site may include links to other websites ("Third Party Sites"). Choose Local does not control or endorse any Third Party Site, and you agree that Choose Local is not responsible for the availability or contents of such Third Party Sites. Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on the Site or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Choose Local shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of the Service.
Members agree to indemnify and hold Choose Local and its affiliates, officers, agents, subsidiaries, co-branders, or other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) User Content you submit, post, transmit, or make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, including your use of the Service to provide a link to another site or to upload content or other information to the Site, or (iv) your violation of the Terms of Service or Code of Conduct, or (v) your violation of any rights of another including but not limited to another's copyright or other intellectual property right.
15. NO WARRANTY
We provide the Service "as-is," with all faults and as available. We give no express warranties, guarantees, or conditions. To the extent permitted by law, we disclaim any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, we do not warrant that the service or the content will be accurate, error-free, virus-free, or uninterrupted or that it will meet your requirements. You may have additional consumer rights under your local laws that this Service Agreement cannot change.
16. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
Choose Local's aggregate liability to you for any and all claims related to the Service or its content is limited to the amount of your service fee for one month. To the extent permitted by applicable law, Choose Local will not be liable for any consequential, lost profits, special, or incidental damages resulting from your access to or use of--or inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Service or any part thereof)--the Service or content, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. Without limiting the foregoing, you specifically acknowledge that Choose Local is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to: the Service or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or if we knew or should have known about the possibility of the damages.
You acknowledge that Choose Local cannot provide the Service inexpensively to you without limiting its liability as set forth above, so, in order to use the Service, you agree to limit Choose Local's potential liability to you in this way. These limitations of liability are fundamental elements of the basis of the bargain between Choose Local and you.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
17. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
You understand and agree that this Service Agreement and any notices given pursuant to this Service Agreement are enforceable in electronic format. This Service Agreement constitutes the complete agreement and supersedes all prior agreements between you and Choose Local. This Service Agreement is governed by the laws of the State of Oregon, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Portland, Oregon; to which jurisdiction and venue you and Choose Local each irrevocably consent. If any provision of this Service Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. Choose Local's failure to act or your failure to act with respect to a breach does not waive Choose Local's rights or your right to act subsequently. You may not assign or transfer rights under this Service Agreement, or delegate any duties. Choose Local retains the right to assign its rights under this Service Agreement delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. This Service Agreement will bind successors and permitted assigns.
Any notice from you to Choose Local must be addressed to support AT chooselocal.com. This Service Agreement is in electronic form. There may be other information regarding the Service that the law requires us to send you. You consent to Choose Local's sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using this Service. We may provide required information to you by email at the your registered address or by access to www.ChooseLocal.com or another web site designated in an email notice or generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date.