Localyte's Terms of Use Agreement
By using the Localyte.com web site ("Localyte"), a service of Localyte, Inc., you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement").
General Terms
Violation of any of these agreements will result in the termination of your Localyte account. While Localyte prohibits such conduct and content on its site, you understand and agree that Localyte is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Localyte service at your own risk.
General Conditions
You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on Localyte before you may become a member of Localyte. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.
Localyte may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Localyte. The Terms of Use is effective upon acceptance in registration for new registering users.
Membership Eligibility
Localyte's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Localyte's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Localyte members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Localyte. Further, your Localyte account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Localyte is a Venue
Localyte is not involved in the actual transaction between travelers and service providers. As a result, Localyte has no control over the quality, safety or legality of the services advertised, the truth or accuracy of the listings, the ability of service providers to sell services or the ability of travelers to pay for services. Localyte cannot ensure that a traveler or service provider will actually complete a transaction. Consequently, Localyte does not transfer legal ownership of services from the seller to the buyer.
Identity Verification
Localyte uses many techniques to verify the accuracy of the information Localyte's users provide to Localyte when they register on Localyte. However, because user verification on the Internet is difficult, Localyte cannot and does not confirm each user's purported identity. Thus, Localyte has established a user-initiated feedback system to help you evaluate with whom you are dealing. Localyte also encourages you to communicate directly with potential transaction partners through the tools available on Localyte. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Release
Because Localyte is a venue, in the event that you have a dispute with one or more users, you release Localyte (and Localyte's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control
Localyte does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using Localyte. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Localyte, you agree to accept such risks and that Localyte (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Localyte
Listing and Selling
Listing Description: You must be legally able to sell the service(s) you list on the Site. You must describe your service and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that service. All listed services must be listed in an appropriate category. Each listing must accurately and completely describe the service/services for sale in that listing.
Termination: Without limiting any other remedies, Localyte, without notice, may suspend or terminate your account if Localyte suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Localyte's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Localyte.
Prohibited, Questionable and Infringing Services
Definition: "Your Information" is defined as any information you provide to Localyte or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and Localyte acts as a passive conduit for your online distribution and publication of Your Information.
"Your Activities" include, for example, listing services, posting comments in any public message area (including the Forums or the feedback area), Convos, and email.
Restricted Activities: Your Activities which results in Your Information (or any services listed) on Localyte shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen services ;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography ;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of services that:(aa) are prohibited under this Agreement, the Privacy Policy,
(bb) you do not have a right to link to or include.
License: Solely to enable Localyte to use the information you supply us with, so that Localyte is not violating any rights you might have in that Your Information, you agree to grant Localyte a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Localyte will only use Your Information in accordance with Localyte's Privacy Policy.
Access and Interference
Localyte may contain robot exclusion headers. Much of the information on Localyte is updated on a real time basis and is proprietary or is licensed to Localyte by Localyte's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Localyte for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, or other allowed uses from the Site without the prior expressed written permission of Localyte and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Localyte.
Feedback
Integrity: You may not take any actions that may undermine the integrity of the feedback system. Localyte may, without prior notice, limit the number of listings, which you may place on Localyte based upon the level of your feedback. If you earn a low feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list.
Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Localyte. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Localyte users, you agree that you shall not market or export your Localyte feedback rating in any venue other than an Localyte operated website.
Import: Localyte does not provide you with the technical ability to import feedback from other (non-Localyte operated) websites to Localyte because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies available, Localyte may, without prior notice, limit your activity, immediately remove your service listings, warn Localyte's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(a) you breach this Agreement, the Privacy Policy, or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Localyte is unable to verify or authenticate any of Your Information; or
(c) Localyte believes that your actions may cause financial loss or legal liability for you, Localyte's users or Localyte.
Privacy
Localyte does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Localyte only uses your information as described in the Privacy Policy . Localyte views protection of users' privacy as a very important community principle. Localyte understands clearly that you and Your Information is one of Localyte's most important assets. Localyte stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Localyte's services.
No Warranty
LOCALYTE, LOCALYTE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LOCALYTE'S SUPPLIERS PROVIDE LOCALYTE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LOCALYTE, LOCALYTE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LOCALYTE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO EVENT SHALL LOCALYTE, AND (AS APPLICABLE) LOCALYTE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR LOCALYTE'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
LOCALYTE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LOCALYTE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO LOCALYTE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD LOCALYTE AND (AS APPLICABLE) LOCALYTE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of services.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency
You and Localyte are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Localyte Attn: Legal Department; 477 9th Avenue, Suite 102; San Mateo, CA 94402(in the case of Localyte) or to the email address you provide to Localyte during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Localyte may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Localyte during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
Localyte's goal is to make you happy. In the event a dispute arises between you and Localyte, please email Localyte at support@localyte.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Disputes between you and Localyte regarding Localyte's services may be reported to Customer Support by emailing support@localyte.com.
Disclosures
Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. Localyte is not affiliated with SafetySurf.com.