Thank you
for your interest in LOCALSALESLINK! We are delighted that you have visited our
website and look forward to having you as a member. This Member Agreement
("Agreement"), including the Legal Notices and the Privacy Policy,
contain the terms and conditions that apply to your use of LOCALSALESLINK's
standard service package ("Limited Service") and LOCALSALESLINK's
pay-for subscription services ("Pay-for Services") which are
described at the Premium Services page and the links contained thereon and
referred therein collectively as the "Services", and its website
and/or co-branded websites LOCALSALESLINK may operate or host from its servers
(collectively referred to herein as "Site").
This
Agreement for the use of our Services and our Site may be modified from time to
time. While LOCALSALESLINK will make every effort to advise you of any changes,
you are advised to periodically visit our website to review any changes to this
Agreement that may be posted there. In the event that you disagree with any
future changes to this Agreement, please contact LOCALSALESLINK immediately to
discuss the impact of these changes to your membership and to determine whether
cancellation of your membership would be appropriate to address your concerns.
In the alternative, you may, if you disagree with any changes to this
Agreement, simply cancel your membership. If we don't hear from you, we will
assume that your silence is your acceptance of any changes and will continue to
provide you with our one of a kind level of service.
In the
event that you do not agree with the terms and conditions of this Agreement, do
not complete the registration process. Instead, please contact LOCALSALESLINK
at info@localsaleslink.com and an LOCALSALESLINK representative will be happy
to discuss your concerns.
1. Registration
We
require a registration process so that you may choose a member name
("Member Name" or "Login" or "Login Name") and a
password, and so that we may permit you to use this service. Your Member Name
will be used to identify you on LOCALSALESLINK. You may log in to LOCALSALESLINK,
use the Services or modify your information, only through your Member Name and
password. You may not have more than one account or Member Name, and only one
email address for your use of the Limited Service. By registering, you certify
that the email address you provide in the registration is accurate and belongs
to you; otherwise if that is not true we have the option of suspending your
account with LOCALSALESLINK.
You are
responsible for maintaining the confidentiality of your password and for any
and all activities that occur under your Member Name and password. You agree to
notify LOCALSALESLINK immediately at support@localsaleslink.com of any
unauthorized use of your account or any other breach of security you learn
about.
To
protect your privacy and the privacy of others, LOCALSALESLINK uses Member
Names to identify participants. We keep your email address and other
information strictly confidential. You should refrain from using identifiers in
choosing your Member Name and in your postings that would compromise your
privacy, such as your email address, URLs, full name, street address, telephone
or fax numbers, place of employment, etc.
2. Privacy
You are
providing your electronic mail ("email") address for the purposes of
registering to access this service. Correctly entering your email address is
important so that you are able to participate in the communication process
(e.g. you will receive email notifications when a need you posted receives a
comment or new need is posted for your response.) Occasionally, you will
receive newsletters, updates, information and notices, etc. with information
that we deem to be of interest to the members of LOCALSALESLINK. If you do not
want to receive newsletters and updates, you may opt out of those services
after you register by going to My Account page, or, after receiving the
newsletters and updates, you may unsubscribe.
For more
information regarding LOCALSALESLINK's protection of your information, please
consult LOCALSALESLINK's Privacy Policy.
3. Guidelines for Use
LOCALSALESLINK
FREE TRIAL OFFER. To take advantage of our FREE TRIAL OFFER, you need only take
a few moments for the registration process. First, review and agree to our
terms and conditions for membership; next select the type of program you are
looking for; and finally, provide us with the necessary financial information
for that program. Once that is done you are ready to started enjoying the
rewarding world of LOCALSALESLINK. Our FREE TRIALS are limited in duration and
of course only one (1) FREE TRIAL per customer. At the end of your FREE TRIAL
if you are satisfied with our service and we are certain you will be, you need
do nothing further. The financial information that you have provided for the
FREE TRIAL OFFER enables us to continue your membership with LOCALSALESLINK for
as long as you wish. You may cancel at any time. A valid credit card is
required to take advantage of the FREE TRIAL OFFER. While your credit card will
not be billed for the FREE TRIAL OFFER we will seek authorization from your
credit card company to insure that your card is valid. We receive no money from
this initial authorization transaction, even if your bank or credit card
company temporarily holds the funds in your account. Once you have completed
the FREE TRIAL OFFER and become a member of LOCALSALESLINK, your credit card
will only be billed for the specific plan that you have selected. If you cancel
prior to the end of the FREE TRIAL period, no charges will be incurred.
LOCALSALESLINK
Services and Site are only available for use by individuals who are age 18 or
over. The Services and Site may not be used by scripts, machines or automated
services without express written consent of the site ownership. LOCALSALESLINK
Services and Site may be used only for lawful purposes. You may not use the
site to abuse other members or to be involved in conduct that LOCALSALESLINK
finds objectionable. You must comply with all applicable local, state, national
and international laws, regulations or conventions, including without
limitation those related to data privacy, international communications, and
exportation of technical or personal data. You may not use the LOCALSALESLINK
Services or Site for any criminal or illegal activities or any activities that
might be legally actionable.
LOCALSALESLINK
reserves the right to determine what constitutes Internet abuse and
objectionable conduct. If LOCALSALESLINK believes, in its sole discretion, that
a violation of these Guidelines has occurred, it may take responsive action.
Such action may include, but not be limited to, permanent removal of illegal or
inappropriate information or content, or suspension or termination of your
membership and access to LOCALSALESLINK Service. The following activities are
strictly prohibited under this Agreement:
In
addition, violations of system and network security are strictly prohibited.
You may not misuse system resources including but not limited to employing
posts or programs which consume excessive CPU time or storage space, permitting
use of mail services, mail forwarding capabilities, POP accounts or
auto-responders other than for your own account. If you notice a problem with
other members not following these Guidelines, please notify us by contacting
Community Support.
4. Content License
LOCALSALESLINK
enables Members to post needs, need responses, contact information, comments
and other content ("Your Content") to its Site. When you post Your
Content to the Site, you understand and agree that Your Content can be viewed
and used by other Members who visit the Site with or without attribution.
You
represent and warrant that you own or otherwise control all of the rights to
Your Content and that use of Your Content by LOCALSALESLINK and its affiliates
will not infringe upon or violate the rights of any third party. Before you use
LOCALSALESLINK Services to post any information or content that is protected by
intellectual property laws, you shall have acquired the legal right to do so
from the owner or authorized licensee of such information or content.
By registering
with LOCALSALESLINK and posting Your Content on the Site, you hereby grant LOCALSALESLINK
a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully
sub-licensable, worldwide, royalty-free license to use, distribute, display,
reproduce, perform, modify, adapt, publish, translate and create derivative
works from Your Content in any form, media or technology, whether now-known or
hereafter developed. You also grant LOCALSALESLINK and its affiliates and
sub-licensees the right to use the Member Name that you submit with Your
Content for purposes of attribution. If you do not wish to have Your Content
attributed to you, then you must notify LOCALSALESLINK at support@localsaleslink.com.
5. LocalSalesLink
Property Rights
The
layout, design, concept and organization of the LOCALSALESLINK Site and
Services are subject to LOCALSALESLINK's patents, copyrights and other
intellectual property rights. All rights are reserved.
You
acknowledge and agree that LOCALSALESLINK owns all right, title and interest in
(i) the Services; (ii) the Site; (iii) the technology available on the Services
or the Site; and (iv) all copyrights, patents, trademarks and other
intellectual property rights therein. Any use of the LOCALSALESLINK Services,
Site, technology, and/or the copyrights, patents, trademarks or other
intellectual property rights, other than as described in this Agreement, is not
licensed and is strictly prohibited.
You agree
that you will obtain the express written permission from LOCALSALESLINK before
you copy, upload, transmit, reproduce, distribute or in any way exploit any LOCALSALESLINK
Services, technology and/or the copyrights, patents, trademarks or the other
intellectual property rights, obtained through the LOCALSALESLINK Site. In
addition, you agree not to copy the layout, design, concept and organization of
the Site or Services for so long as LOCALSALESLINK owns the intellectual
property rights to this Site. This Agreement does not constitute a license to
use LOCALSALESLINK's trade names, service marks or any other trade insignia.
Any use of LOCALSALESLINK's trade names, services marks or any other trade
insignia shall be subject to LOCALSALESLINK's prior written consent.
6. Agent for
Notification of Claimed Infringement
Pursuant
to the Digital Millennium Copyright Act, 17 U.S.C. ยง 512, LOCALSALESLINK has
designated an agent to receive notices of claimed copyright infringement. If
you believe Your Content has been used on the Site in a manner that constitutes
copyright infringement, please notify our designated agent at LOCALSALESLINK at
support@localsaleslink.com or follow the claim notification procedures set
forth in our Legal Notices.
7. Disclaimers of
Warranty
Other
than providing a framework in which Members post needs or ask questions and business
members provide responses and/or comments, LOCALSALESLINK does not review or
verify the content of postings at its Site. The businesses who participate at LOCALSALESLINK
have not been licensed, certified or tested, nor have they met any requirements
other than completing our registration form, which, other than the financial
information contained therein, has not been reviewed or verified by us. You may
review each Member's information including their profile, by clicking on their
Member Name.
You
expressly agree that use of LOCALSALESLINK services is at your sole risk. The
site and the services are provided on an "as is" basis.
LOCALSALESLINK
makes no representations or warranties of any kind, express or implied, as to
the operation of the site or the information, content, materials or products
included on the site. LOCALSALESLINK disclaims all warranties, express or
implied, including but not limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
LOCALSALESLINK
makes no warranty that the services will meet your requirements, or that the
services will be uninterrupted, timely, secure or error free. LOCALSALESLINK
does not warrant that the site or its services are free of computer viruses or
other harmful materials. Nor does LOCALSALESLINK make any warranty as to the
results that may be obtained from the use of the services or as to the accuracy
or reliability of any information obtained through the services.
No product,
service or information, obtained by you through the services of the site shall
create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions
do not allow the exclusion of certain warranties, so some of the above
exclusions may not apply to you.
8. Limitation on
Liability
Regardless
of the type of claim or the nature of the cause of action, you agree that in no
event shall LOCALSALESLINK, its affiliates, contractors, service providers,
employees, agents or licensors, or any other party involved in creating,
producing or delivering the services, technology or content available on the
services ("LOCALSALESLINK affiliates"), be liable to you in any
manner whatsoever: (i) For any decision made or action or non-action taken by
you in reliance upon the information provided through the services; (ii) For
loss or inaccuracy of data or cost of procurement of substitute goods, services
or technology; (iii) For any direct, indirect, incidental, punitive or
consequential damages, including but not limited to loss of revenues, loss of
profits or loss of reputation, even if LOCALSALESLINK has been advised of the
possibility of such damages.
Your sole
and exclusive remedy with respect to the use of any services provided by LOCALSALESLINK
shall be cancellation of your membership to the services. Some jurisdictions do
not allow the limitation or exclusion of liability for incidental or consequential
damages; in those jurisdictions our liability shall be limited to the extent
permitted by law.
9. Indemnification
LOCALSALESLINK
provides its Services and Site to Members on the assumption that Members will
act professionally and responsibly. If they do not, Members must bear full
responsibility for their actions. As a Member, you agree to defend, indemnify
and hold harmless LOCALSALESLINK, its officers, directors, employees and agents
from and against all claims, demands, actions, suits, damages, liabilities and
costs, including reasonable attorneys' and experts' fees, related to or arising
from (i) any breach of your covenants under this Agreement; (ii) your use of
the Services or the Site; (iii) all conduct and activities occurring under your
Member Name and password; (iv) any defamatory, libelous or illegal material
contained within Your Content or your information and data; (v) any claim or
contention that Your Content or your information and data infringes any third
party's patent, copyright or other intellectual property rights or violates any
third party's rights of privacy or publicity; and (vi) any third party's access
or use of Your Content or your information and data. LOCALSALESLINK reserves
the right, at its own expense, to participate in the defense of any matter
otherwise subject to indemnification from you, but shall have no obligation to
do so. You shall not settle any such claim or liability without the prior
written consent of LOCALSALESLINK, which shall not be unreasonably withheld.
10. Payment and
Services Features
If you
register for the LOCALSALESLINK Pay-for Services, the Pay-for Services are for
the Members ONLY and may not be shared or features transferred to others.
Unless otherwise stated, all fees are quoted in U.S. Dollars. A credit card is
required for all Pay-for Services. If you have set up a Pay-for Service
account, your credit card will be charged in the manner as set forth in the
descriptions at our Premium Services page, at the then current rate, until you
notify us of your desire to cancel your subscription. Your subscription will
renew automatically. Upon confirmation of payment to LOCALSALESLINK, you will
receive the benefits and features as set forth in the descriptions at the
Premium Services page.
If your
credit card number changes or if you wish to change the credit card to which
you are billed, please update your profile to ensure that your access to the
Pay-for Services is uninterrupted. We will attempt to notify you via email if
we are unable to process your payments, but if we are unable to contact you;
your account will be suspended until you provide a valid form of payment. At
this point, you will not have access to the Pay-for Services features. If you
have any further questions, please contact Customer Service at support@localsaleslink.com.
To cancel
your LOCALSALESLINK Pay-for Services, please go to the My Account page and
follow the directions of the online cancellation process. You may also send an
email to support@localsaleslink.com with a brief description of why you wish to
cancel. Cancellations are processed upon receipt of the request form. When your
subscription is cancelled you will receive a confirmation email of the cancellation.
If you do not receive this confirmation email please contact us at support@localsaleslink.com.
The cancellation process is also found on the My Account page on our website.
Cancellations will be effective as of the end of the current billing cycle.
Cancellations must be received before the first day of a billing cycle in order
to take effect for that billing cycle. We are unable to prorate for partial
term usage, for non-usage of the Services while you are an active Member, or
for reasons pursuant to Section 11 of the agreement.
If you
register for the LOCALSALESLINK Limited Service, you will receive the benefits
and features as set forth in the descriptions at the Premium Services page. In
fairness to others who wish to use the Limited Service, and in order to
continuously improve the performance of the LOCALSALESLINK system, LOCALSALESLINK
reserves the right to retire inactive accounts from time to time.
Members
will automatically receive the LOCALSALESLINK e-mail newsletters containing
valuable tips on getting the most from their membership; information on changes
or updates to their existing LOCALSALESLINK membership services; and,
information on new programs and services being offered by LOCALSALESLINK.
11. Term, Termination
This
Agreement shall be effective for as long as you use the Services.
Either
you or LOCALSALESLINK may terminate this Agreement with or without cause, upon
thirty (30) days notice to the other party. LOCALSALESLINK may terminate this
Agreement immediately if, based on LOCALSALESLINK's sole judgment, it
determines that you have (i) breached this Agreement or the Guidelines
established for the use of LOCALSALESLINK Services or Site, (ii) infringed or
violated any intellectual property right of LOCALSALESLINK or (iii) infringed
or violated any intellectual property right or privacy or publicity right of a
third party.
The
termination of this Agreement shall terminate your access to the Services.
Neither LOCALSALESLINK nor any LOCALSALESLINK Affiliate shall be liable to you
or to any third party for termination of the Services for any reason. The
termination of this Agreement does not relieve you of your obligation to pay
any Fees accrued or payable for use of the Services prior to the effective date
of termination of this Agreement.
Upon
termination of this Agreement, the perpetual license you have granted to LOCALSALESLINK
shall continue. Provisions, which by their nature would be expected to survive
termination, shall survive and remain in full force and effect in accordance
with their terms.
12. Export Control
Compliance
You agree
to abide by U.S. and other applicable export control laws and not to transfer,
by electronic transmission or otherwise, any content or software subject to
restrictions under such laws to a destination prohibited under such laws,
without first obtaining, and then complying with, any requisite government
authorization. You further agree not to upload to the Site any data or software
that cannot be exported without prior written government authorization,
including, but not limited to, certain types of encryption software.
The
export control laws of the United States and other jurisdictions regulate the
export of certain technology. This includes email transmission of certain
information to foreign countries and foreign nationals. You agree to abide by
these laws. Regrettably, nations of Cuba, Iraq, Iran, Libya, North Korea,
Afghanistan, and Syria may not legally access LOCALSALESLINK.
13. Consumer Rights
If you
should have any complaints about LOCALSALESLINK Services, or need further
information about the Services, contact Community Support at support@localsaleslink.com.
14. No Assignment
Your
rights and obligations under this Agreement shall not be transferred or
assigned directly or indirectly without the prior written consent of LOCALSALESLINK.
15. Severability
If any
provision of this Agreement or portion thereof is held to be invalid or
unenforceable, the remaining provisions shall continue in full force and
effect.
16. Applicable Law
and Jurisdiction
This Site
(excluding links) is controlled and operated from the LOCALSALESLINK offices in
Kalamazoo, Michigan USA. You agree that all matters arising from or relating to
the use and operation of the Site and Services shall be governed by the laws of
the State of Michigan and the United States of America, without regard to
conflicts of laws principles. This Agreement also shall be governed by and
construed in accordance with the laws of the State of Michigan and the United
States of America. The federal courts of the State of Michigan located in Lansing,
Michigan USA and the state courts located in Kalamazoo, Michigan USA shall have
exclusive jurisdiction to adjudicate any dispute arising out of this Agreement
or arising from or relating to the operation or use of the Site or Services.
You expressly consent to (i) the personal jurisdiction of such courts over you;
and (ii) service of process being affected upon you by either email or
registered mail sent to the address you provide LOCALSALESLINK in connection
with your subscription for services. Unless prohibited by the law of your
jurisdiction, you waive any requirement that service of process or of any
documents be made upon you pursuant to the provisions of The Hague Service
Convention.
17. Notices
Except as
explicitly stated otherwise, all notices permitted or required under this
Agreement shall be by email, to us at info@localsaleslink.com, and to you at
the email address you provide LOCALSALESLINK during the registration process,
or to such other address as either of us shall specify in writing as our
addresses for notice. Notice shall be deemed given 24 hours after email is
sent, unless the sending party is notified that the email address is invalid.
Evidence of successful transmission shall be retained.
LOCALSALESLINK
may modify the terms of this Agreement at its sole discretion by posting
modifications on its website. Your continued use of the Services after notice
of modifications constitutes your acceptance of the modifications. If you do
not agree to the modifications, you should cancel your membership to the
Services and terminate this Agreement.
1 "FREE TRIAL days" are computed on the basis of calendar
days measured from Midnight to Midnight Eastern Standard Time. To enjoy maximum
benefit from the FREE TRIAL period, new members are encouraged to join early.
2 The e-mail contains a link that allows Members to unsubscribe at
anytime should they chose not to receive the newsletter.