Local Marketplace™ (A Daveworks Inc. Company) Terms of Service
PLEASE READ THIS MATERIAL CAREFULLY BEFORE USING THIS SITE
Terms of Usage
The materials on this Local Marketplace™ website (“Site”) are provided by Local Marketplace™. as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions that we set out below. By utilizing this Site, you agree to all the provisions, terms and conditions that we set out here. If you do not agree with the provisions, terms and conditions below, do not use the Site or download any information from the Site.
All other brands and names that are found on the Site are the property of their respective owners.
Single Copy License
All materials at this Site are copyrighted. Unauthorized use of the materials found at this Site may violate copyright, trademark, and other laws. You may download one copy of the information, tools or software (from here on in, we’ll call these “Proprietary Materials”) found at the Site on a single computer for your personal, non-commercial internal use only. All other uses require a specific license from Local Marketplace™ in writing.
Your use of the Proprietary Materials found on the Site is a license, not a transfer of title, and is subject to certain restrictions. These restrictions include: (1) you may not modify the Proprietary Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (2) you may not decompile, reverse engineer, or disassemble the tools or software Proprietary Materials except and only to the extent permitted by applicable law; (3) you may not remove any copyright or other notices from the Proprietary Materials; and (4) you may not transfer the Proprietary Materials to another person. Finally, you agree to help us by preventing any unauthorized copying of the Proprietary Materials. Remember, if your friend wants to use the Proprietary Materials on a different computer, your friend can just enter the Site and obtain his/her own single copy license.
Ownership of Materials on the Site
All materials located on the Site are copyrighted and are protected by worldwide copyright laws and treaty provisions. These materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without prior written permission from Daveworks Inc. Company Except as we provide expressly within parts of the Site, Local Marketplace™, its partners and suppliers do not grant you any express or implied right under any patents, copyrights, trademarks, or trade secret information.
Termination of the License
Daveworks Inc. may terminate the license given to you at any time if you are in breach of any of the terms of this agreement. Upon termination, you will immediately destroy all the Proprietary Materials you may have downloaded or otherwise obtained from the Site.
Disclaimer Regarding Materials on the Site
Listings and Other Information. The substantive and descriptive data regarding companies, businesses, individuals, non-profit entities and all other organizations of any type contained on the Site were provided solely by those third parties. Although Local Marketplace™ takes certain steps to verify the information and data, our verification is preliminary in nature. We do not guarantee, warranty or otherwise ensure in any way the truthfulness or accuracy of the substantive and descriptive data provided to us. You must take your own steps to conduct due diligence (that is, an in depth investigation) on the individuals, companies and entities that you elect to do business with. If you have a bad experience with a vendor listed on the Site or have comments regarding the services provided by a vendor listed on the Site, we ask that you fill out the Feedback Form contained on the Site so that your experiences and observations can be shared with other Site users.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are:
You must be 18 years old or older or have consent from a legal parent or guardian to register as a user of this website. If we have reason to believe that you are not at least 18 years of age or that you do not have legal parental or guardian consent, we reserve the right to suspend or terminate your membership to this site immediately and without notice.
Tools and Software
All tools and software on the Site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose. In no event shall Local Marketplace™ or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials. This limitation of liability applies even if Local Marketplace™ has been advised of the possibility of such damages.
Your Submissions to Local-Marketplace.com
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary. Local Marketplace™ will have no obligations with respect to your communications. Local Marketplace™ will be available to copy, disclose, distribute, incorporate and otherwise use your communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Links to Other Websites
There are multiple websites of third parties that are linked to this Site. The linked websites are not under the control of Local Marketplace™ and we are not responsible for the content of any linked website or any link contained in a linked website and so on. Local Marketplace™ reserves the right to terminate any link or linking program at any time. Local Marketplace™ does not endorse companies or products to which it links. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Access Outside of the United States of America
This Site is controlled by Local Marketplace™ from its offices in the State of California which is within the United States of America. Local Marketplace™ makes no representation that the materials in the Site are appropriate or available for use in other locations outside of the State of California and outside of the United States of America.
If you access our Site from a location where the contents on the Site are considered illegal or prohibited, we are not responsible for the violation of any laws in your jurisdiction. If you access this Site from other local, state or national jurisdictions, you do so at your own initiative and at your own risk. You are responsible for compliance with applicable local laws. You may not use or export any materials found on this Site in violation of U.S. export laws and regulations.
You agree to indemnify and hold Local Marketplace™, its subsidiaries, affiliates, officers, agents and other partners, and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site. This indemnity also includes your use of the Site to provide a link to another site or to upload content or other information to the Site.
What this means in everyday language is that if Local Marketplace™(or its subsidiaries or officers, etc) gets sued because of something you did while you were using our Site or the linked site of a third party, you are responsible for paying our legal fees when we defend such a claim. Additionally, if a judgment is awarded against Local Marketplace™ (or its subsidiaries or officers, etc) because of something you did while you were using our Site or the linked site of a third party, you are responsible for paying that judgment.
Applicable Law and Disputes
Any claim relating to the materials found on this Site shall be governed by the laws of the State of California. Additionally, if you believe that you have a claim of any type against Local Marketplace™, you agree that your claims will be adjudicated through arbitration by a sole arbitrator in Los Angeles County in accordance with the arbitration rules of the American Arbitration Association. The arbitration shall be governed by the Federal Arbitration Act.
You agree that all claims originating outside the United States of America will be adjudicated by arbitration in the State of California, County of Sacramento, applying California law but utilizing the arbitration rules of the United Nations Commission on International Trade Law (these are often referred to as the “UNICITRAL Rules”).
No Other Terms
Revision of Terms
Local Marketplace™ may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Unless expressly stated on a particular page at this Site, these terms will govern all use and conduct at this Site.