LocalPro Connect Terms of Use
Last updated on February 20, 2024
LocalPro Connect helps consumers research, hire, rate, and
review a variety of service contractors and health related professionals (collectively,
“Service Providers”). The following Terms of Use outline your obligations when
using the LocalPro Connect websites, mobile applications, and
services.
1. ACCEPTANCE OF TERMS
The LocalPro Connect website available at LocalPro-connect.com,
the LocalPro Connect mobile application, all related sites and mobile
applications, and the various content, features, and services offered on and in
connection with these sites and applications, including the Local Home Services
Finder magazine (collectively, the “Sites and Services”) are owned and operated
by LocalPro Connect and can only be accessed and used by you under
the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING,
DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND
BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND
CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
2. MODIFICATIONS OF TERMS OF USE
LocalPro Connect may, in its sole discretion,
modify these Terms of Use at any time effective upon posting the modified Terms
of Use on and in connection with the Sites and Services, with or without
additional notice to you. You are responsible for regularly reviewing
information posted on the Sites and Services to obtain timely notice of such
changes. If you do not agree to the amended terms, you agree to immediately
stop using the Sites and Services and to provide LocalPro Connect
notice to remove you from any distribution lists or other communication list
that are available to you through your use of the Sites and Services. YOUR
CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER
NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED
TERMS OF USE.
3. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Local
Home Services Finder grants authorized users a nonexclusive, nontransferable,
non-sublicensable, terminable license to access and use the Sites and Services
for your personal use. You agree to not access, reproduce, duplicate, copy,
sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or
Services or any of their content for any purpose except for your personal use
and as described in these Terms of Use, without the express written consent of Local
Home Services Finder. LocalPro Connect may modify, update, suspend or
discontinue the Sites and Services, in whole or in part, at our sole discretion
for any or no reason, at any time and with or without notice. Local Home
Services Finder shall not be liable to any user or other third party for any
such modification, update, suspension or discontinuance.
4. USER CONDUCT
As a condition of your access and use of the Sites and
Services and your submission or access to any ratings, reviews, communications,
information, data, text, photographs, audio clips, audiovisual works, or other
materials on the Sites and Services (collectively, the “Content”), you agree
not to use the Sites and Services for any purpose that is unlawful or
prohibited by these Terms of Use, or any other purpose not reasonably intended
by LocalPro Connect. By way of example, and not as a limitation, you
agree not to:
violate these Terms of Use, other applicable agreement with Local
Home Services Finder, and any applicable local, state, national or
international law, and any rules and regulations having the force of law;
use the Sites and Services in any manner that violates any
relevant law or that infringes, misappropriates or violates any third party’s
rights, including, but not limited to, transmitting any Content that may
infringe, misappropriate or violate a third party’s rights of publicity,
contractual rights, fiduciary rights or intellectual property rights;
use the Sites and Services or its Content for any purposes
not authorized by these Terms of Use, including commercial, political, or
religious purposes, including the submission or transmission of any Content
that contains advertisements, promotional materials, junk mail, or any other
form of solicitation;
reproduce, duplicate, copy, modify, sell, re-sell or exploit
any Content or the Sites and Services for any commercial, educational, or any
other non-personal purpose or any for any purpose unrelated to your personal
purchasing decisions, without the express written consent of Local Home
Services Finder, which consent may be withheld by LocalPro Connect in
our sole discretion;
post irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on
our infrastructure, interfere or attempt to interfere with the proper working
of the Sites and Services or any activities conducted on the Sites and
Services;
harass, threaten, intimidate, impersonate, or attempt to
impersonate, any other person, falsify your contact or other information,
misrepresent a relationship with any person or entity, including
misrepresenting a relationship with LocalPro Connect, or otherwise
attempt to mislead others as to the identity of the sender or the origin of a
review or rating;
knowingly provide or submit false or misleading information;
use the Sites and Services if you are under the age of
eighteen (18);
take any action that would undermine the review and rating
process under the Sites and Services;
attempt to gain unauthorized access to the Sites and
Services, other user accounts, or other computer systems or networks connected
to the Sites and Services;
use the Sites and Services in any way that could interfere
with the rights of LocalPro Connect or the rights of other users of
the Sites and Services;
attempt to gain unauthorized access to any portion or
feature of the Sites and Services, or any other systems or networks connected
to the Sites and Services or to any server used by LocalPro Connect
by hacking, password ‘mining’ or any other illegitimate or unauthorized means,
including attempting to obtain password, account, or any other personal or
private information from any other Sites and Services user;
sell, share, or otherwise transfer your account username,
password, other information, or your rights or obligations under these Terms of
Use;
transmit or submit any transmission or other materials that
are encrypted or that contains viruses, Trojan horses, worms, time bombs,
spiders, cancelbots or other computer programming routines that is likely or
intended to damage, interfere with, disrupt, impair, disable or otherwise
overburden the Sites and Services;
access, download, monitor, or copy any information contained
on our Sites and Services through artificial means (including but not limited
to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device,
program, algorithm or methodology, or any similar or equivalent automatic or
manual process, or in any way reproduce or circumvent the navigational
structure or presentation of the Sites and Services or any content, to obtain
or attempt to obtain any Content, materials, documents or information through
any means not purposely made available through the Sites and Services; or
probe, scan or test the vulnerability of the Sites and
Services or any network connected to the Sites and Services, nor breach the
security or authentication measures on or of the Sites and Services or any
network connected to the Sites and Services. You may not reverse look-up, trace
or seek to trace any information on any other user of the Sites and Services,
or any other customer of LocalPro Connect, including any Local Home
Services Finder account not owned by you, to its source, or exploit the Sites
and Services or any service or information made available or offered by or
through the Sites and Services, in any way where the purpose is to reveal any information,
including but not limited to personal identification or information other than
your own information, except as expressly authorized by Local Home Services
Finder and provided for by the Sites and Services.
5. LOCALPRO CONNECT’S SERVICES
When using, accessing, or purchasing particular services or
features of the Sites and Services, you shall be subject to any posted
agreements, guidelines, or rules applicable to such services or features that
may be posted from time to time. All such agreements, guidelines, or rules are
hereby incorporated by reference into the Terms of Use.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access
certain parts of the Sites and Services and use certain products and features.
We may require that you provide login information such as a username and
password to access and utilize your account. As a condition of your use of the
Sites and Service, you agree to (a) provide LocalPro Connect with
true, accurate, current and complete information as prompted by the Local Home
Services Finder’s registration forms, when registering for or using the Sites
and Services and (b) update and maintain the truthfulness, accuracy and
completeness of such information. You are responsible for maintaining the
confidentiality of any password or other account information not generally
available to others and are fully responsible for all activities that occur
under your username and password. While there are limited, legitimate reasons
for creating multiple accounts, creating serial or overlapping accounts may
result in account termination. Please contact us if you have questions about
managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of submitting any Content or other materials
to the Sites or Services, you agree that:
you grant to LocalPro Connect a royalty free,
perpetual, irrevocable, worldwide, nonexclusive, transferable, and
sublicensable license to use, reproduce, copy, adapt, modify, merge,
distribute, publicly display, create derivative works from, incorporate such
Content into other works;
you grant to LocalPro Connect all rights necessary
to publish or refrain from publishing your name and address in connection with
your Content; sublicense through multiple tiers the Content, and acknowledge
that this license cannot be terminated by you once your Content is submitted to
the Sites and Services;
you grant to LocalPro Connect all rights necessary
to prohibit the subsequent aggregation, display, copying, duplication,
reproduction, distribution, or exploitation of your Content by any other party;
your name and report information may be made available to
the public and to the Service Providers on which you report;
you represent that you own or have secured all legal rights
necessary for the Content submitted by you to be used by you, Local Home
Services Finder, and others as described and otherwise contemplated in these
Terms of Use;
you represent and warrant that each person identified,
depicted, or shown in in your Content, if any, (and if a minor, the parent or
guardian of the minor) has provided consent to the use of the Content
consistent with these Terms of Use;
you are solely responsible for your reviews and ratings;
LocalPro Connect may, in its sole discretion,
choose to remove or not to remove reviews and ratings once published;
you will not submit any reviews that may be considered by Local
Home Services Finder to be infringing, harassing, libelous, abusive,
threatening, obscene, profane, hateful, offensive, harmful, vulgar,
distasteful, defamatory, or otherwise violates any relevant law or right of any
other party, or racially, ethnically or otherwise objectionable;
all of your reviews and ratings will either be based upon
(i) your actual first-hand experiences with the Service Providers you are
reviewing or (ii) as provided below, an individual and that individual’s actual
first-hand experience with a health care or wellness provider whereby you have
the legal authority to disclose such health information and experience of such
individual;
all of your reviews and ratings of the Service Providers
that you are rating will be accurate, honest, truthful, and complete in all
respects;
you do not work for, own any interest in or serve on the
board of directors of, any of the Service Providers for which you submit
reviews and ratings; you are not in any way related (by blood, adoption or
marriage, if the Service Provider is an individual) to any of the Service
Providers for which you submit reviews or ratings;
you have not received any form of compensation to post
reviews and ratings;
you will submit thorough and thoughtful reviews of the
Service Providers you review (for example, submitting a review describing a
service contractor as “He/She is great.” Without additional commentary is not a
thorough and thoughtful review);
you will not submit reviews that comment on other users or
the reviews of other users;
you will not submit reviews with hyperlinks; or
the reviews and ratings that you provide do not reflect the
views of LocalPro Connect, its officers, managers, owners, employees,
agents, designees or other users.
8. PUBLICATION AND DISTRIBUTION OF CONTENT
LocalPro Connect does not guarantee the accuracy,
integrity, quality or appropriateness of any Content transmitted to or through
the Service. You acknowledge that LocalPro Connect simply acts as a
passive conduit and an interactive computer service provider for the
publication and distribution of Content and for the publication and
distribution of any content posted by Service Providers in response to Content
(“Service Provider Content”). You understand that all Content and Service
Provider Content posted on, transmitted through or linked through the Service,
are the sole responsibility of the person from whom such Content originated.
You understand that LocalPro Connect does not control and is not
responsible for Content or Service Provider Content made available through the
Service, and that by using the Service, You may be exposed to Content that is
inaccurate, misleading, or offensive. You agree that You must evaluate and make
Your own judgment, and bear all risks associated with, the use of any Content
and Service Provider Content.
You further acknowledge that LocalPro Connect has
no obligation to screen, preview, monitor or approve any Content or Service
Provider Content, or Content posted or submitted by any other Local Home
Services Finder member or any Service Provider. However, Local Home Services
Finder reserves the right to review and delete any Content that, in its sole
judgment, violates the terms and conditions of this Agreement. By using the
Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks
to bear associated with the use, accuracy, usefulness, completeness or
appropriateness of any Content that You submit, receive, access, transmit or
otherwise convey through the Service. Under no circumstances will Local Home
Services Finder be liable in any way for any Content or Service Provider
Content, including, but not limited to, any Content or Service Provider Content
that contains any errors, omissions, defamatory statements, or confidential or
private information (including, but not limited to, health information) or for
any loss or damage of any kind incurred as a result of the use of any Content
or Service Provider Content submitted, accessed, transmitted or otherwise
conveyed via the Service. You waive the right to bring or assert any claim
against LocalPro Connect relating to Content or Service Provider
Content, and release LocalPro Connect from any and all liability for
or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates
these Terms of Use or is otherwise unlawful by visiting Member Support (for
copyright complaints, please see below). Please note that you may be liable for
damages (including costs and attorneys’ fees) for unlawful misrepresentations.
If you are uncertain whether an activity is unlawful, we recommend seeking
advice of an attorney.
You agree that LocalPro Connect may establish
general practices, policies and limits, which may or may not be published,
concerning the use of the Sites and Services, including without limitation, the
time that reviews and ratings will be retained, the maximum number of reviews
and ratings that may be sent from an account, the length of reviews and ratings
sent, and the maximum number of times and the maximum duration for which you
may access the Sites and Services in a given period of time. You agree that Local
Home Services Finder has no responsibility or liability for the deletion or
failure to store any Content or other materials maintained or transmitted by or
through the Sites and Services. You agree that LocalPro Connect has
the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
9. SERVICE PROVIDERS
LocalPro Connect does not endorse and is not
responsible or liable for any Content, data, advertising, products, goods or
services available or unavailable from, or through, any third party or Service
Provider (which includes, but is not limited to, health care and wellness
providers). You agree that should you use or rely on such Content, data,
advertisement, products, goods or services, available or unavailable from, or
through any third party or Service Provider (which includes, but is not limited
to, health care and wellness providers), LocalPro Connect is not
responsible or liable, indirectly or directly, for any damage or loss caused or
alleged to be caused by or in connection with such use or reliance. Your
dealings with, or participation in promotions of any Service Provider (which
includes, but is not limited to, health care and wellness providers), and any
other terms, conditions, representations or warranties associated with such
dealings, are between you and such Service Provider (which includes, but is not
limited to, health care and wellness providers) exclusively and do not involve Local
Home Services Finder. You should make whatever investigation or other resources
that you deem necessary or appropriate before hiring or engaging Service
Providers (which includes, but is not limited to, health care and wellness
providers).
Third parties and Service Providers may link or otherwise
direct Internet users to our Sites and Services for the purpose of utilizing
one or more of the services we provide on behalf of others. Additionally, we
may provide links or otherwise direct you to third party or Service Provider
websites. LocalPro Connect does not control or operate any such third
party or Service Provider websites. Any information you provide to these third
party or Service Provider websites while on these third party or Service
Provider websites is subject to the respective policies of those third parties
or Service Providers, and not LocalPro Connect’s policies. It is your
responsibility to review such third party or Service Provider policies,
including any relevant privacy policies. You agree that Local Home Services
Finder will not be responsible or liable for, and does not endorse any content,
advertising, goods or services provided on or through these outside websites or
for your use or inability to use such websites. LocalPro Connect does
not make any representations or warranties as to the security of any
information (including, without limitation, credit card and other personal
information) you might be requested to give to any third party or Service
Provider sites. You use these third party or Service Provider websites at your
own risk.
You agree that LocalPro Connect is not responsible
for the accessibility or unavailability of any Service Provider (which
includes, but is not limited to, health care and wellness providers) or for
your interactions and dealings with them, waive the right to bring or assert
any claim against LocalPro Connect relating to any interactions or
dealings with any Service Provider (which includes, but is not limited to,
health care and wellness providers), and release LocalPro Connect
from any and all liability for or relating to any interactions or dealings with
Service Providers (which includes, but is not limited to, health care and
wellness providers).
Without limiting the foregoing, your correspondence or
business dealings with, consumption of products or services of, or
participation in promotions of, third parties or Service Providers found on or
through the use of the Sites and Services, including payment for and delivery
or fulfillment of related goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings, are solely
between you and such third party. You agree that LocalPro Connect
shall not be responsible or liable, directly or indirectly, 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 third parties or Service Providers on the Local Home
Services Finder Sites and Services.
10. TERMINATION
LocalPro Connect may terminate your privilege to
use or access the Sites and Services immediately and without notice for any
reason whatsoever. Upon such termination, you must immediately cease accessing
or using the Sites and Services and agree not access or make use of, or attempt
to use, the Sites and Services. Furthermore, you acknowledge that Local Home
Services Finder reserves the right to take action -- technical, legal or
otherwise -- to block, nullify or deny your ability to access the Sites and
Services. You understand that LocalPro Connect may exercise this
right in its sole discretion, and this right shall be in addition to and not in
substitution for any other rights and remedies available to Local Home Services
Finder.
All provisions of these Terms of Use which by their nature
should survive termination shall survive the termination of your access to the
Sites and Services, including, without limitation, provision regarding
ownership, warranty disclaimers, indemnity, and limitations of liability.
11. TRADEMARKS AND COPYRIGHTS
LocalPro Connect, and other Sites and Services
graphics, logos, designs, page headers, button icons, scripts, and service
names are the trademarks or trade dress of LocalPro Connect in the
U.S. and/or other countries. These trademarks and trade dress may not be used,
including as part of trademarks and/or as part of domain names, keyword advertisements,
or email addresses, or in connection with any product or service in any manner
that is likely to cause confusion.
You should assume all Content and material made available on
the Sites and Services is protect by copyright law. Aside from user-submitted
Content, all other materials and other information on the Sites and Services,
including, but not limited to, all text, graphics, logos, icons, images, audio
and video clips, downloads, data compilations and software are the exclusive
property of LocalPro Connect and/or its licensors and are protected
by all United States and international copyright laws.
12. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations,
delays, failure, and other problems inherent in the use of the Internet and
electronic communications. LocalPro Connect is not responsible for
any delays, failures or other damage resulting from such problems.
13. USER FEEDBACK
LocalPro Connect appreciates hearing from you, as
well as our other users, and welcomes your comments regarding our Sites and
Services. Please be advised, however, that our policy does not permit us to
accept or consider creative ideas, suggestions, or materials other than those
which we have specifically requested. Although we do value your feedback on our
Sites and Services, please be specific in your comments regarding our services
and do not submit creative ideas, suggestions or materials. If, despite our
request, you send us creative suggestions, ideas, drawings, concepts or other
information (collectively, the “Submissions”), such Submissions will be the
property of LocalPro Connect. In addition, none of the Submissions
will be subject to any obligations of confidentiality and Local Home Services
Finder will not be liable for any future use or disclosure of such Submissions.
14. WARRANTIES AND DISCLAIMERS
You acknowledge that LocalPro Connect has no
control over, and no duty to take any action regarding: which users gain access
to or use the Sites and Services; what effects the content on or in connection
with the Sites and Services may have on you; how you may interpret or use the
content on or in connection with the Sites and Services; or what actions you
may take as a result of having been exposed to the content on or in connection
with the Sites and Services. You release LocalPro Connect from all
liability for you having acquired or not acquired content or information
through the Sites and Services. The Sites and Services may contain, or direct
you to sites containing, information that some people may find offensive or
inappropriate. LocalPro Connect makes no representations concerning
any content contained in or accessed through the Sites and Services, and Local
Home Services Finder will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained in or accessed
through the Sites and Services. LocalPro Connect makes no guarantee
or warranty, express or implied, as to the reliability, accuracy, timeliness or
completeness of that information and assumes no responsibility for any errors
or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK.
THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT
WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED.
NEITHER LOCALPRO CONNECT NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR
THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE
OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES
AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO
DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL
DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE
OR OMISSION OF LOCALPRO CONNECT, COMPUTER VIRUS OR OTHER SIMILAR
ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER
INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL,
TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE
SITES AND SERVICES. IN NO EVENT WILL LOCALPRO CONNECT OR ANY OF ITS
DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY
CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER
USERS. IN NO EVENT WILL LOCALPRO CONNECT OR ANY OF ITS AFFILIATES,
AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT,
HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION
WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCAL HOME
SERVICES FINDER OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, LOCAL
HOME SERVICES FINDER DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR
SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR
RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE
THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF
TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO
YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, LOCALPRO CONNECT’S LIABILITY SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
LOCALPRO CONNECT SHALL USE REASONABLE EFFORTS TO
PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE
AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LOCAL
HOME SERVICES FINDER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS
OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
LocalPro Connect has no control over and no duty
to take any action regarding: other users’ behavior; what effects Content may
have on you; how you may interpret or use Content; or what actions you may take
as a result of having been exposed to Content. You release Local Home Services
Finder from all liability for you having acquired or not acquired Content
through the Sites and Services. LocalPro Connect makes no
representations concerning any Content, including the accuracy thereof,
contained in or accessed through the Sites and Services, and Local Home
Services Finder will not be responsible or liable for the accuracy, copyright
compliance, legality or decency of material contained in or accessed through
the Sites and Services.
The Sites and Services may display links to other Internet
sites or resources. Because LocalPro Connect has no control over such
sites and resources, you acknowledge and agree that LocalPro Connect
is not responsible for the availability of such external sites or resources and
does not endorse and is not responsible or liable for any content, advertising,
products or other materials on or available from such sites or resources.
You further acknowledge and agree that Local Home Services
Finder shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or through any
such site or resource.
18. INDEMNITY
You agree to indemnify, defend and hold harmless Local Home
Services Finder, its officers, managers, owners, employees, agents, designees,
users, successors, assigns, service providers and suppliers from and against
all losses, liabilities, expenses, damages, claims, demands and costs,
including reasonable attorneys’ fees and court costs due to or arising from:
(a) any violation of these Terms of Use by you; (b) the inaccurate or
untruthful Content or other information provided by you to Local Home Services
Finder or that you submit, transmit or otherwise make available through the
Service; or (c) any intentional or willful violation of any rights of another
or harm you may have caused to another. LocalPro Connect will have
sole control of the defense of any such damage or claim.
19. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOCAL HOME SERVICES
FINDER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOCAL HOME
SERVICES FINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
(COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE
SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A
RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE,
ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR
CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F)
ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY LOCAL
HOME SERVICES FINDER OR THE FAILURE OF LOCALPRO CONNECT TO PROVIDE
THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU
HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdictions, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the
Content on the Website or in the Magazine represents a substantial portion of
the value You receive from Your LocalPro Connect’s Membership Fee.
THEREFORE, TO THE EXTENT LOCALPRO CONNECT IS FOUND LIABLE FOR
ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, LOCAL HOME
SERVICES FINDER’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE
(1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP
FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LOCAL HOME SERVICES
FINDER CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES
TO LOCALPRO CONNECT THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD
PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR
ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR LOCAL HOME
SERVICES FINDER, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT
CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL
BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET
FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF LOCAL HOME
SERVICES FINDER TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH
OF THIS AGREEMENT BY LOCALPRO CONNECT. YOU HEREBY RELEASE EACH OF THE
RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE
FAILURE OF LOCALPRO CONNECT TO PROVIDE SERVICES TO YOU UNDER THIS
AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY LOCALPRO CONNECT. YOU
AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND
ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU
HEREBY UNDERSTAND AND AGREE THAT LOCALPRO CONNECT SHALL BE SOLELY
LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Local
Home Services Finder has significant value to LocalPro Connect and
that the damage caused to LocalPro Connect for any violation of these
Terms of Use pertaining to a report or record will be difficult to accurately
estimate. Thus, you shall be liable to pay us the following amounts as
liquidated damages, and you agree that the liquidated damages are a reasonable
estimate of LocalPro Connect’s damages for the specified breaches of
these Terms of Use:
If you post Content in violation of these Terms of Use, you
agree to promptly pay LocalPro Connect One Thousand Dollars ($1,000)
for each item of Content posted in violation of these Terms of Use. We may (but
shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or
exploit for any purpose any Content in violation of these Terms of Use, you
agree to pay One Hundred Dollars ($100) for each record or report that you
displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any
purpose.
If you use computer programming routines that are intended
to aggregate records or reports from the Sites and Services or otherwise
damage, interfere with, disrupt, impair, disable or otherwise overburden the
Sites and Services, you agree to pay One Hundred Dollars ($100) for each report
or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subparagraphs (a)
through (c), inclusive, you agree to pay the actual damages suffered by Local
Home Services Finder, including, but not limited to attorneys’ fees and court
costs, to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms of Use, we reserve the right
to seek the remedy of specific performance of any term contained herein, or a
preliminary or permanent injunction against the breach of any such term or in
aid of the exercise of any power granted in these Terms of Use, or any
combination thereof.
21. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies
incorporated by reference to these Terms including, without limitation, the
Privacy Policy, constitutes the entire agreement between you and Local Home
Services Finder. It supersedes any prior or contemporaneous negotiations,
discussions or agreements, whether written or oral, between you and Local Home
Services Finder regarding the subject matter contained in these Terms of Use.
Additional terms and conditions may exist between you and third parties,
including but not limited to, Service Providers and others. You represent and
warrant that those third-party agreements do not interfere with your
obligations and duties to LocalPro Connect under these Terms of Use.
22. MUTUAL ARBITRATION AGREEMENT
Informal Negotiations. To expedite resolution and reduce the
cost of any dispute, controversy or claim, past, present, or future, between
you and LocalPro Connect, including without limitation any dispute or
claim related to or arising out of this Agreement ("Dispute"), you
and LocalPro Connect may attempt to negotiate any Dispute informally
(the "Informal Negotiations") before initiating any arbitration or
court proceeding. Such Informal Negotiations will commence upon written notice.
Your address for any notices under this Section is your physical address that
you have provided to LocalPro Connect.
Arbitration. If a Dispute is not resolved through Informal
Negotiations, you and LocalPro Connect agree to resolve any and all
Disputes (except those Disputes expressly excluded below) through final and
binding arbitration ("Arbitration Agreement"). This Arbitration
Agreement shall be governed by the Federal Arbitration Act and evidences a
transaction involving commerce. The arbitration will be commenced and conducted
before a single arbitrator under the Commercial Arbitration Rules (the
"AAA Rules") of the American Arbitration Association
("AAA") and, where appropriate, the AAA's Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website (www.adr.org). Your arbitration fees and your
share of arbitrator compensation will be governed by the AAA Rules (and, where
appropriate, limited by the AAA Consumer Rules). If you are unable to pay such
costs, LocalPro Connect will pay all arbitration fees and expenses.
Each party will pay the fees for his/her or its own attorneys, subject to any
remedies to which that party may later be entitled under applicable law. The
arbitrator will make a decision in writing. Additionally, the arbitrator, and
not any federal, state, or local court or agency, shall have the exclusive
authority to resolve any dispute relating to the interpretation, applicability,
enforceability, or formation of this Arbitration Agreement. However, the
preceding sentence shall not apply to the "Class Action Waiver"
described in Subsection (4) below.
Excluded Disputes. You and LocalPro Connect agree
that the following Disputes are excluded from this Arbitration Agreement: (1)
any Dispute seeking to enforce or protect, or concerning the validity of, any
of your or our intellectual property rights; (2) individual claims in small
claims court; (3) any claim that an applicable federal statute expressly states
cannot be arbitrated; and (4) any claim for injunctive relief.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS
ACTION. To fullest extent permitted by applicable law, You and Local Home
Services Finder agree to bring any Dispute in arbitration on an individual
basis only, and not as a class or collective action. There will be no right or
authority for any Dispute to be brought, heard or arbitrated as a class or
collective action ("Class Action Waiver"). Regardless of anything
else in this Arbitration Agreement and/or the applicable AAA Rules or AAA
Consumer Rules, the interpretation, applicability, enforceability or formation
of the Class Action Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. A party
who wishes to arbitrate a Dispute covered by this Arbitration Agreement must
initiate an arbitration proceeding no later than the expiration of the statute
of limitations that applicable law prescribes for the claim asserted. The
arbitrator shall apply the statute of limitations that would have applied if
the Dispute had been brought in court. The arbitrator may award any remedy to
which a party is entitled under applicable law, but remedies shall be limited
to those that would be available to a party in their individual capacity, and
no remedies that otherwise would be available to an individual under applicable
law will be forfeited. The arbitrator is without authority to apply any different
substantive law. The parties have the right to conduct adequate civil discovery
and present witnesses and evidence as needed to present their cases and
defenses, and any dispute in this regard shall be decided by the arbitrator.
The location of the arbitration proceeding shall take place in the city or
county where you reside, unless each party agrees otherwise. A court of
competent jurisdiction shall have the authority to enter judgment upon the
arbitrator's decision/award.
Severability. You and LocalPro Connect agree that
if any portion of this Section entitled "Mutual Arbitration
Agreement" is found illegal or unenforceable, that portion will be
severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in
accordance with the laws of the State of Wisconsin, without giving effect to
any choice or conflict of law provision or rule (either of the State of Wisconsin
or any other jurisdiction) that would cause the application of the laws of any
jurisdiction other than the State of Indiana.
24. MISCELLANEOUS
If you breach any term of these Terms of Use or other
agreement with LocalPro Connect, LocalPro Connect may
pursue any legal or equitable remedy available, including but not limited to,
direct, consequential, and punitive damages and injunctive relief. Local Home
Services Finder’s remedies are cumulative and not exclusive. Failure of Local
Home Services Finder to exercise any remedy or enforce any portion of the Terms
of Use at any time shall not operate as a waiver of any remedy or of the right
to enforce any portion of the Agreement at any time thereafter.
If any provision of the Terms of Use is found to be
unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that the Terms shall otherwise remain in full force
and effect and enforceable.
These Terms of Use are not assignable, transferable or
sublicensable by you except with LocalPro Connect’s prior written
consent. We may transfer, assign or delegate the Terms and its rights and
obligations without consent.
Users of this Sites and Services are responsible for
compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency
relationship exists between you and LocalPro Connect as a result of
these Terms of Use or use of the Sites and Services.
You acknowledge and agree that each of the Released Parties
shall be an intended third-party beneficiary of these Terms of Use.
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