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LOCALBLOX.COM TERMS OF SERVICE - Westlake At Localblox.com

LOCALBLOX.COM TERMS OF LOCALBLOX.COM

We offer you the web sites, applications, services, databases and content on LocalBlox.com (“LocalBlox.com”) provided that you agree to the following terms.

BY REGISTERING FOR LOCALBLOX.COM, AND EACH TIME YOU ACCESS AND USE LOCALBLOX.COM, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.

1. About these Terms. These terms, including the supplemental terms in Appendix A below, serve as a contract between you and us (either the “Terms” or the “Agreement”). These terms are in electronic form and have the same effect as an agreement in writing. If you do not agree to these terms, do not use LocalBlox.com.

Here is a summary of the key terms of this Agreement:

  • These Terms service as a contract between you and us.
  • We may change these terms from time to time; your ongoing use means you agree to our changes.
  • We may add or remove any feature on LocalBlox.com.
  • LocalBlox.com is licensed, not sold. You must abide by all terms below regarding your use of LocalBlox.com.
  • You own the Content you provide on LocalBlox.com; however, you give us a right to use your Content on our services.
  • You agree to pay for all premium services.
  • We offer LocalBlox.com without warranties.
  • We limit our liability.
  • You agree that the laws of the State of Washington apply. You agree to resolve any disputes with us in King County, Washington.
  • We may use information that you give us in accordance with our Privacy Policy.

2.Definition. The term “We” or “us” means LocalBlox.com, Inc., its affiliates, subsidiaries and parent. The term “you” or “your” means you as an individual or the entity on whose behalf you are accepting these Terms. Finally, the term “Content” means any data, information, text, images, listings, ratings, comments, audio, video and all other forms of data and communications on LocalBlox.com that is provided by contributors, our affiliates, users and us.

3.Changes to these Terms. We may change these Terms at any time. The changes take effect after we post the changes. If you do not agree to the changes, you must discontinue your use of the LocalBlox.com before the new terms take effect. Otherwise, your ongoing use of LocalBlox.com signifies your agreement to the new terms.

4.Supplemental Terms. Certain features on LocalBlox.com may be subject to additional terms or guidelines. You must agree to those terms before you can use such features.

5.About the LocalBlox.com. We may discontinue or change any aspect of LocalBlox.com at any time and without liability to you. Our service is based in the United States and is not customized for use in any other country. You are solely responsible for complying with local laws when you access and use LocalBlox.com. We may link to other sites, but these links do not mean that we endorse the content of such sites or that we take responsibility for their Content.

6.Registration. If you register with us, you must be at least 18 years of age, you must provide us with true and accurate information about yourself or your business, and you agree to keep this information up to date. If you are registering on behalf of a company or other entity, you represent and warrant that have the authority to bind your principal or employer company. Your registration with LocalBlox.com is subject to our approval.

7.Your Account. If we accept your application and registration for a LocalBlox.com service, you will select a User ID and password and we will open an account for you. You are responsible for all activities on your account, including the use of your account by others. You are responsible for keeping your account credentials confidential. We are not responsible if another person can compromise your account because you failed to keep your credentials confidential, such as, when you allow another to use your account of if your mobile or other computing device is lost or stolen. You are responsible for notifying us immediately if you believe your account is compromised.

8.Your Information. You agree that we may collect that you provide to us in accordance with our privacy policy.

9.Proprietary rights. We, our users and our licensors exclusively own all intellectual property rights, title and interest in any materials, Content (excluding your Content), compilation of Content and data, computer code, products, aggregate user review ratings, applications, Web site organization and designs, trademarks, trade names, logos and all other elements and components of LocalBlox.com.

10.License grant. LocalBlox.com services and content are licensed, not sold. We give you a personal, limited, non-transferable, non-assignable and non-exclusive license to access and use LocalBlox.com for your personal or internal business use and subject to these Terms. You may download and temporarily store insubstantial portions of Content that you purchase to one personal computer storage device under your exclusive control. You may use such Content only (1) to display internally such Content for your individual research needs and (2) to quote and excerpt from such Content.

11.Restrictions. When using LocalBlox.com, Inc., you may not, nor permit any other party to:

  • Copy, record, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of LocalBlox.com and its content;
  • Export or re-export the LocalBlox.com or its technology and applications in violation of any United States export law or regulation;
  • Violate these Terms;
  • Violate intellectual property rights, privacy rights or the rights of others;
  • Frame our Web sites, pages or other Content;
  • Scrape or use any manual automated process to capture data or content from the LocalBlox.com and its databases;
  • Store or use our databases or Content to create an archival, searchable database of Content;
  • Sell, license or distribute the Content or any code or data from out databases (including any printed version of the Content) to third parties;
  • You may not use LocalBlox.com to compile data in a manner that is used or usable by a competitive listing product or service;
  • Use LocalBlox.com for mass solicitation campaigns or targeted mass solicitation campaigns in any form or to harass our customers, including without limitation, by initiating unsolicited voice messages, facsimiles or electronic mail;
  • Use our trademarks, trade names and logos in any solicitations or to suggest an affiliation between you and us unless we agree otherwise;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure or otherwise make excessive traffic demands of our computer networks;
  • Attempt to gain unauthorized access, circumvent our registration process, or use any process to damage, disable, impair, or otherwise attack LocalBlox.com or its network and computers;
  • Violate federal and state laws, including without limitation, laws pertaining to securities and investment advising;
  • Violate rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially and including the rule against making false or misleading statements to manipulate the price of any security;
  • Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
  • Discloses anyone’s identification documents, sensitive financial information or other private or sensitive information;
  • Transmit unlawful, threatening, abusive, harassing, tortious or obscene Content;
  • Publish falsehoods, misrepresentations or libelous Content;
  • Publish Content that harasses or disparages others on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Impersonate any person, business or entity;
  • Violate any applicable local, state, federal, national or international law, statute, ordinance, or regulation including, without limitation, Credit Card Association rules, consumer protection law, Internet tobacco sales, unfair competition, antidiscrimination or false advertising;
  • Promote any form of gambling or lottery type services not affiliated with a state-run lottery service;
  • Promote illegal telecommunications or cable television equipment;
  • Promote the sale of (a) any controlled drug that requires a prescription from a licensed practitioner unless you are authorized by the National Association of Boards of Pharmacy to offer such products as a Verified Internet Pharmacy Practice Site and only if such a prescription has been issued by the practitioner after a bona fide examination of the patient; or (b) any over-the-counter drug, unless the sale of such product, without a prescription, has been approved by the Food & Drug Administration; or (c) nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval; or (d) any drug or controlled substance that Manta believes to be or may become harmful, unlawful, or prohibited;
  • Promote electronic cigarettes (i.e., "e-cigarettes") or any similar product;
  • Violate Title IV of the Higher Education Act of 1965, Family Education Rights and Privacy Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, Fair Housing Act or the Fair Credit Reporting Act;
  • Promote the sale of firearms associated with the sale of firearms;
  • Transmit viruses or any other malicious computer code.

You attempt to access and use LocalBlox.com that is contrary to the provisions of Sections 9 and 10 above is without authorization. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.

12.Use of Content and Loxalbox.com. We offer LocalBlox.com and its Content “AS IS” for general information, discussion, education, and entertainment purposes only. Do not construe that Content offered on LocalBlox.com is verified or endorsed by us. Neither our users nor we will be liable to you for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content. We reserve the right, but we have no obligation to pre-screen, review, monitor or remove any Content that violates these Terms.

13.Your Content. LocalBlox.com may offer features where users may post Content, including without limitation, business profiles, ratings and comments on forums and discussion boards. We do not claim ownership of any Content posted by you or our other users, although we claim ownership of any compilation of Content on LocalBlox.com. By submitting Content to LocalBlox.com:

(a) You grant us, our affiliates, and distributors a perpetual, worldwide and royalty free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt and promote your Content, and any information contained within such Content, in any medium including, without limitation, the use of your user name and alias associated with your Content.

(b) You grant other users of LocalBlox.com free permission to view and use your Content.

If you participate in any feature on LocalBlox.com that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on LocalBlox.com. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from LocalBlox.com at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.

14.Listings. The following terms apply if you sign up for our listing services:

(a) Your listing must be for a business based in the United States and prepared in the English language. The listing must include a legitimate street address. Your business must provide either a web site for the business or detailed information about the business, which may hours of operation and phone number. Your listing and any content or links included as part of the listing may not contain or promote content, service or products that we believe violate applicable laws and regulations, violate these terms, are inappropriate, inaccurate or misleading, or that may infringe or violate the rights of others.

(b) In using the Service, you may not submit multiple listings of the same business or submit multiple submissions under multiple accounts or aliases.

(c) We determine in our editorial discretion on where and how listings appear on the Service. Your listings will appear in the categories and locations selected by you. We may change any categories or categories of geographic location at any time. You agree we are not obligated to place your listings within a specific category. You authorize us to display your listing and the information you submitted to the in forms such as search results, listing comparisons and review.

(d) You give us, our affiliates, partners and distributors a non-exclusive, worldwide, royalty-free license to use, reproduce, reformat, publicly display, publicly perform and electronically distribute your listing information and other content you submit for LocalBlox.com, images, technology, trademarks, or other brand features contained therein) for the purposes of (a) displaying and promoting you and your listing; (b) syndicating your listing; and (c) providing the listing services to you, and (d) as permitted under these Terms. We have the right—but not the obligation to you or any third party -- to review your content, any comments or other postings associated with your listing. We are not liable to you for any comments or ratings posted about you on LocalBlox.com. We may combine information about your business with other information or data that is in the public domain or is publicly accessible.

15.Your Warranties. By submitting Content (including any listings) on LocalBlox.com, you represent and warrant that:

(a) Your Content is true, accurate, current, complete and that you own or have express permission to post the materials on LocalBlox.com;

(b) You have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws;

(c) In the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties’ consent to their appearance or use of their contribution in the Content that you upload;

(d) You agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.

16.No Spam. You may not use LocalBlox.com to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest Content or information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use LocalBlox.com to violate the terms of this Agreement.

17.Fees and Payment. You agree to pay the applicable fees and charges for purchases that you make from LocalBlox.com. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from LocalBlox.com are disclosed in these terms of LocalBlox.com or in the shopping cart; you can also review your payment terms from time to time by visiting the "My Account" area on LocalBlox.com. All charges are nonrefundable except where noted for the Premium Business Listing LocalBlox.com.

You agree to give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a LocalBlox.com from LocalBlox.com, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on LocalBlox.com. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases. All orders are final and non-refundable.

18.Internet and Mobile Access. You must provide at your own expense the equipment and Internet connections that you will need to access and use LocalBlox.com. You agree you are responsible for all costs you incur for wireless access, including fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services. If you register for any LocalBlox.com services that are delivered by text messages or short messaging, you authorize delivery of such messaging to the wireless unit and number designated by you and you authorize us to deliver the messaging until you elect to opt out of such messaging service.

19.Billing Problems and Disputes. You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

20.Disclaimer of Warranties. We provide LocalBlox.com "as is", "with all faults" and "as available." We make no express or implied warranty of any kind. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT LOCALBLOX.COM AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, AVAILABILITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, NON-INFRINGING OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE ANY RESULTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

21.Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU SHALL BE LIMITED TO DIRECT, MEASURABLE DAMAGES, AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF LOCALBLOX.COM EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR LOCALBLOX.COM SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.

WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF LOCALBLOX.COM. THESE EXCLUSIONS APPLY TO ANY CLAIM FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL YOU AGREE THAT THE LIMITATIONS IN THIS SECTION IS A REASONABLE AND FAIR ALLOCATION OF DAMAGES.

22.Termination. We may cancel or suspend your access to LocalBlox.com at any time, without cause and/or without notice. Your right to use LocalBlox.com will end once your LocalBlox.com is terminated, and any data you have stored on LocalBlox.com may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

23.Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of LocalBlox.com. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

24.Electronic Contracting and Notices. You and we will transact electronically. We can send you electronic notices (1) to the e-mail address that you provided to us during registration; (2) by telephone; or (2) by posting the Notice on the applicable web page of LocalBlox.com.

In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. If you no longer wish to transact electronically, your choice is to discontinue your use of LocalBlox.com.

25.Entire Agreement. This Agreement and any supplemental terms, policies, rules and guidelines posted on LocalBlox.com constitute the entire agreement between you and us and supersede any other understandings. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

26.Choice of Law and Location for Resolving Disputes. You agree that the laws of the State of Washington govern this contract and any claim or dispute that you may have against us, without regard to Washington’s conflict of laws rules. You further agree that a court located in King County, Washington will resolve any disputes or claims that you may have against us.

27.Assignment. We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

28.Force Majeure. Each party will be excused from performance under this Agreement for any cause beyond the reasonable control of such party, such as power outages or outages caused on the Internet by a third party, denial of service attacks, insurrections, acts of terrorism, wars, fires, floods, earthquakes, weather and other acts of God. A party affected by such force majeure effect shall use reasonable efforts to resume performance as soon as practical.

29.Procedure for Making Claims of Copyright Infringement. We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

a. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

b. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

c. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.

d. Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.

e. Your name, address, telephone number, and email address.

f. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

g. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on this site can be reached as follows:

By mail:
Copyright Agent
c/o LocalBlox Inc.
5684 173rd Ave SE,
Bellevue, WA 98006

By email: help@LocalBlox.com

Appendix A – Supplemental Terms for
LocalBlox.com Premium Services

LocalBlox.com may offer from time to time optional premium services on the website for business owners and marketing organizations, including without limitation, LocalBlox.com’s “Premium Business Listing” and “New Business Select” services. Premium services are subject to additional subscription fees and the additional terms below.

A.LocalBlox.com Premium Business Listing service is an optional, fee based that will move prominence of your company’s listing to a higher ranking in the LocalBlox.com company browse and search results list for a period of either 30-days (“Monthly”) or a twelve month period. Each category and location combination enables the participant to feature one (1) company text links in category and location combinations. Your Premium Business Listing is billed at time of submission. You agree to pay the applicable fee at the time you sign up for this premium service.

B.You must provide a payment method, such as a credit card, to sign up for the Premium Business Listing service at the time of registration. You must select whether you want a monthly or annual plan. All Premium Business Listing packages must conform to the LocalBlox.com editorial guidelines, and must be relevant topically to the category and location. All Business Listings are subject to final approval by the LocalBlox.com editorial team, which in its sole discretion may reject a listing request for any reason.

C.If you are dissatisfied with your Business Listing service for any reason, you may cancel your subscription within 30 days from purchase and we will remove your business listing from the site. There are no pro-rated refunds and you must pay $2 per message sent to local using our platform during the time that your subscription was active. The same rate applies for mobile /voicemail/text sent to the locals using any of the LocalBlox digital media technologies. The 30-day money back guarantee does not apply for fees you incurred during the time we delivered digital media services to you, such as sending voicemail, text, local business network connection.

D.The Premium Business Listing service takes effect on the date you receive email confirmation that your listing is added to the Premium Business Listing service and will continue for an initial term ("Initial Term") of 30 days or one year from this date. The Initial Term shall be renewed automatically for the same length of term as the Initial Term (a 30-day or one year) each ("Renewal Term") and the Monthly or annual fee will be billed to your credit card or other designated payment method at the start of a Renewal Term. To terminate this service, you must cancel any time before the start of a Renewal Term. Upon cancellation, your Premium Business Listing will remain active until the end of your Initial Term or a Renewal Term, unless otherwise terminated by LocalBlox.com. If you request that your Premium Business Listing be removed before the end of the Initial Term or a Renewal Term for which you have pre-paid the recurring Monthly or annual fee, you agree that LocalBlox.com will not be required to refund any portion of such fee.

E.The featured Listing and featured advertising service we call “New Business Select” is an optional fee-based service that displays lists of new companies on a monthly basis. We bill access to the New Business Select service at time of purchase. All fees for the New Business Select service are NON-REFUNDABLE.

G.The New Business Select Service takes effect on the date you purchase the New Business Select service and continues for an initial term ("Initial Term") of 30 days from this date. The Initial Term shall be renewed automatically for terms of 30 days each ("Renewal Term") and the monthly fee will be billed to your credit card at the start of each Renewal Term. To terminate this service, you must cancel any time before the start of a Renewal Term. Upon cancellation, your New Business Select service will remain active until the end of your Initial Term or a Renewal Term, unless otherwise terminated by LocalBlox.com. If you request that your New Business Select service be removed before the end of the Initial Term or a Renewal Term for which you have pre-paid the recurring monthly fee, you agree that we are not be required to refund any portion of such fee.

Last Updated: 24 February 2013