Local.com Terms of Service

Last Updated: December 2007

1. THIS IS AN AGREEMENT BETWEEN YOU AND LOCAL.COM

This is an agreement ("Agreement") between you and Local.com Corporation (or, if applicable, one of its affiliates) ("Local.com"). Local.com provides users, who submit queries in any Web-based search box provided by Local.com, with Internet navigation assistance web pages ("Results Pages") containing search results and other content (the "Service"). This Agreement governs your use of the Service, including any Results Pages and any Web page that contains a Web-based search box provided by Local.com (a "Home Page"; and, together with any Results Pages, the "Local.com Web Pages"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. LOCAL.COM OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 7, 8, and 9); AND AN EXCLUSIVE REMEDY (See Section 8). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW LOCAL.COM MAY MODIFY THIS AGREEMENT

Local.com reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Local.com Web Page. If any terms contained in this Agreement conflict with any terms contained within an Local.com Web Page, the terms of this Agreement shall control. Your continued use of the Service constitutes your acceptance of, and agreement to, this Agreement, including any changes made to such Agreement pursuant to this Section.

3. REGISTERING WITH LOCAL.COM

In order to take advantage of certain features on the Service (including the posting of reviews of businesses and the receipt of newsletters and special offers from Local.com), you may be required to create an account with Local.com. Local.com's use of any personal information that you provide to Local.com.com during the account creation process is governed by Local.com's privacy policy.

4. YOUR ACCOUNT

When you create an account with Local.com, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and for all activity that occurs under your account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your account under your user name and password. You agree to (a) immediately notify Local.com of any unauthorized use of your Local.com account or any other breach of security and (b) ensure that you exit from your Local.com account at the end of each session. If you violate these Terms, Local.com may, at its sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and promotions), or take any other action that Local.com believes is appropriate.

5. POSTING REVIEWS ON LOCAL.COM

1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech)

2. References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)

3. Reviews submitted by the reviewed business' employees (past or present) or competitors, as determined by Local.com

4. Reviews that do not address the goods and services of the business or Reviews with no qualitative value (e.g., "this place is great!"), as determined by Local.com in its sole discretion.

5. Reviews commenting on other users

6. Content that contains personal attacks or describes physical confrontations and/or sexual harassment

7. Excessive damage caused by business or service to person or property

8. Personal information or messages including email addresses, URLs, phone numbers and postal addresses

9. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter

10. Language that violates the standards of good taste or the standards of this website, as determined by Local.com in its sole discretion

11. Content determined by Local.com to be offensive, illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity

12. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures

13. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information

14. Content that otherwise violates this Agreement or that may harm or threaten the safety of other users of the Service

15. Content that is false or intentionally misleading

Reviews do not reflect the views of Local.com or any of Local.com’s subsidiaries or affiliated companies or any of their respective employees, officers, directors, or shareholders. Local.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of a Review.

You agree that any Reviews that you submit to Local.com shall be owned exclusively and in perpetuity by Local.com. Such exclusive ownership means that Local.com, its subsidiaries, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, sell, and distribute any and all materials and communications regarding and including submitted Reviews. Local.com is under no obligation to give credit or pay any consideration to you for your Reviews. If, despite the foregoing, full title and ownership of the Reviews is not deemed to be vested in Local.com, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Local.com, its contractors and distribution partners, and the users of the Service an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute your Reviews and to prepare derivative works of, or incorporate into other works, such Reviews. This license is non-exclusive, except you agree that Local.com shall have the exclusive right to practice this license to the extent of combining your Reviews with the Reviews of other Local.com users for purposes of constructing or populating a searchable database of business reviews.

6. USE OF REVIEWS

Local.com does not control the content posted by third-parties on the Service, including the content of any Reviews, and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service you may be exposed to content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any content on the Service, including any reliance on the content, integrity, and accuracy of such content. Under no circumstances will Yelp be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. If you see objectionable content or have any questions about this Agreement, please contact Local.com at customerservice@local.com.

7. ADVERTISING

You understand and agree that the Service may include advertisements and that these advertisements are necessary for Local.com to provide the Service.

8. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE

The Local.com Web Pages are for your personal, non-commercial use only. You will not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the Local.com Web Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You will not use the Local.com Web Pages in any way that is unlawful, or harms Local.com, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "Local.com Party" and collectively, the "Local.com Parties") or any customer of an Local.com Party, as determined in Local.com's sole discretion. Local.com may tell you about certain specific harmful uses in a code of conduct or other notices available through an Local.com Web Page, but has no obligation to do so. You will not use any Local.com Web Page in any way that breaches any code of conduct, policy or other notice applicable to such Local.com Web Page. Without limiting the generality of this Section, you will not use the Local.com Web Pages in any manner that could damage, disable, overburden, or impair any Local.com Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Service.

9. PROHIBITED ACTIVITIES

Without limiting the generality of Section 4, you will not use any Local.com Web Page to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.   You will not send automated queries of any sort to the Service without express permission in advance from Local.com. Please note that "sending automated queries" includes, among other things (a) using any software that sends queries to the Service to determine how a web site or web page "ranks" on the Service for various queries; (b) "meta-searching" the Service; and (c) performing "offline" searches on the Service.

10. INFORMATION AVAILABLE FROM THE RESULTS PAGES

Local.com and its suppliers do not warrant or guarantee the accuracy, completeness or timeliness of any information available on an Local.com Web Page. Local.com and its suppliers do not authorize the use of information available from Local.com Web Pages for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. Local.com does not endorse or recommend any particular product or service.

11. LOCAL.COM MAKES NO WARRANTY

12. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY LOCAL.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE LOCAL.COM WEB PAGES, EVEN IF SUCH LOCAL.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY LOCAL.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

13. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION

The Local.com Parties may change the service or delete features in any way, without notice, at any time and for any reason. As you use the Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "Content") originated by Local.com and persons other than Local.com ("Third Parties"). The intellectual property rights in any Content, including any trademarks, provided by Third Parties via the Service are owned by such Third Parties or their licensors and may be subject to separate Terms and Conditions of those Third Parties. You understand and agree that by using the Service, you may be exposed to Content that is offensive, indecent, threatening or otherwise offensive. WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT THE LOCAL.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY LOCAL.COM OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT LOCAL.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (2) ANY INCOMPATIBILITY BETWEEN THE INTECHANGE WEB PAGES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICE IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY LOCAL.COM TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE LOCAL.COM WEB PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY LOCAL.COM OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 7, 8 AND 9 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

14. LINKS

The Local.com Web Pages may include links to other World Wide Web sites or resources provided by Third Parties over which Local.com exercises no control. The search results that appear from Local.com's indices are indexed by Local.com's automated machinery and computers, and Local.com cannot and does not screen the sites before including them in the indices from which such automated search results are gathered.  Because Local.com has no control over such links, sites and resources, you acknowledge and agree that Local.com is not responsible for the availability of such links, 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 links, sites or resources. You further acknowledge and agree that Local.com 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 link, site or resource.

15. REQUESTS FOR REMOVAL OF LINKS FROM INDICES

Local.com occasionally receives requests to remove links from its indices that generate web results. Although Local.com reserves the right to address such requests individually, Local.com is generally not willing to remove any links from its indices. Local.com's indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Local.com cannot and does not screen anything made available through its indices. For each web site reflected in Local.com's indices, if either (a) a site owner restricts access to his or her web site or (b) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, Local.com would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.

16. MAP INFORMATION

Map information provided through the Service is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may differ from the map results. You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in any map information provided on the Service.

17. INDEMNIFICATION

You agree to release, indemnify, defend and hold harmless Local.com, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") relating to or arising from any breach by you of this Agreement or from your use of the Service. Local.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.

18. PROPRIETARY INFORMATION

You acknowledge and agree that the Local.com Web Pages and any Content, services or software available through or used in connection with the Local.com Web Pages contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Local.com Web Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Local.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Local.com Web Pages or any Content, services or software available through or used in connection with the Local.com Web Pages, in whole or in part.

19. TRADEMARK INFORMATION

You acknowledge and agree that Local.com™ and other Local.com logos, products and service names are trademarks of Local.com ("Local.com Marks") and you agree that you will not display or use the Local.com Marks in any manner, without the express written permission of Local.com.

20. TERMINATION; ACCESS RESTRICTION

Local.com may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Service will immediately cease. Local.com may discontinue, temporarily or permanently, the Service with or without notice.

21. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with Local.com, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with a Local.com affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Local.com affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Local.com Web Pages are directed. If this Agreement is with Local.com, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Orange County, California, USA in all disputes arising out of or relating to this Agreement or the use of the Service. If this Agreement is with an Local.com affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Local.com affiliate in all disputes arising out of or relating to this Agreement or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.

22. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.   Local.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Local.com with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Local.com with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

23. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

24. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

Certain portions of the content on the Local.com Web Pages may be provided by Acxiom Corporation.   This information is proprietary to Acxiom Corporation and is protected under U.S. copyright law and international treaty provisions.   This information is licensed for your personal or professional use and may not be resold or provided to others.   You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part, to any third party; and you will not make such Acxiom information available, in whole or in part, to any other user in any networked or time-sharing environment, or transfer the information, in whole or in party, to any computer other than the PC used to access this information.

25. COPYRIGHT INFRINGEMENT

Copyright Agent
c/o Local.com Corporation
One Technology Drive, Building G
Irvine, CA 92618
Tel: (949) 784-0800
Fax: (949) 784-0880
E-mail: copyright@local.com

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(C)(3) WILL NOT RECEIVE A RESPONSE.

26. Click here to review the Local.com Privacy Policy.