Terms of Use
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE ACCESSING OR USING www.localsolution.com (hereinafter referred to as the “Website”). By accessing or using the Website, you are acknowledging that you have read this Online Terms of Use (“Agreement” or “Terms of Use”), you agree to this Agreement with PINNACLE PUBLISHING, LLC (hereinafter referred to as “PINNACLE”), and you agree to be bound by the terms of this Agreement. This Agreement includes: (i) the terms and conditions set forth herein, (ii) this Website's Privacy Policy (which is available at http://localsolution.com/privacy-policy and incorporated herein by reference) and (iii) any other terms incorporated by reference herein or posted on www.localsolution.com. If you do not agree to the terms of this Agreement, you must immediately stop use of the Website. If you remain on the Website, you agree to be bound by this Agreement.
Use of Information
PINNACLE grants you access to and use of the Website for personal, non-commercial purposes only. You may not duplicate, download, publish or distribute the material published by PINNACLE on the Website (“the Content”) for any commercial use or in violation of these Terms of Use. The use of data mining techniques, including web scraping, web crawling, bots or similar processes to gather or extract data from this Website is strictly prohibited without the prior consent of PINNACLE, which consent may be withdrawn at any time, with or without notice, in PINNACLE's sole discretion.
Proprietary Rights
Copyright, trademark and other proprietary laws protect the Website and its content. The Content published by PINNACLE on the Website may contain other proprietary notices or describe products, services, processes or technologies owned by PINNACLE or third parties. Except as expressly set forth herein, nothing contained in this Agreement shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of PINNACLE or any third party. Except as expressly granted under this Agreement, all rights are reserved by PINNACLE. The term “localsolution.com”, the localsolution.com logo and other localsolution.com logos and product and service names are the exclusive trademarks of, and are owned by, PINNACLE. You may not use or display such trademarks in any manner without PINNACLE's prior written permission, which may be withheld by PINNACLE at its sole discretion. Any third party trademarks or service marks displayed on the Website are the property of their respective owners. The images referenced, made accessible or made available to you on these pages or by means of the PINNACLE Website are protected by the copyright and trademark laws of the United States and other countries. For authorizations to use an image, please contact the image owner as indicated on the source site, not PINNACLE. PINNACLE makes no representations and provides no warranties regarding unintended or objectionable content. PINNACLE shall have no responsibility or liability - whether arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise - related to the content of any Third Party Site (defined below) included in any PINNACLE Content or external links to any Third Party Site referenced by the Website, or for your use of such content.
Minors
This Website and any Third Party Site (see “Disclaimer of Endorsement/Linked Sites,” below) may contain content provided by advertisers or other third parties that may not be suitable for children. PINNACLE asks parents or legal guardians to assist PINNACLE by supervising the activities of children at the Website. PINNACLE does not knowingly collect personal information from children through the Website.
Accuracy
Content, material, information or data on the Website may contain technical inaccuracies or typographical errors. Content, material, information or data may be changed or updated without notice. PINNACLE may also make improvements and/or changes to the Website at any time without notice.
Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND THE INTERNET GENERALLY. PINNACLE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY CONTENT, INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, LINKED TO, DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE. IN NO EVENT SHALL PINNACLE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM BUSINESS INTERRUPTION OR LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (B) ANY CONTENT, INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, (D) ANY TRANSACTIONS ENTERED INTO ON OR THROUGH A THIRD PARTY SITE OR AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION, MATERIAL OR CONTENT OR IN CONNECTION WITH THIS WEBSITE OR (E) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER PINNACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL PINNACLE OR ITS AFFILIATES BE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CONTENT, MATERIALS, OR INFORMATION ON THE WEBSITE OR ON ANY THIRD PARTY SITE.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PINNACLE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, OTHER PARTNERS, EMPLOYEES, AND THIRD PARTIES AFFILIATED WITH PINNACLE HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (a) USER CONTENT YOU SUBMIT, POST TO, TRANSMIT, OR RELAY THROUGH THE WEBSITE; (b) YOUR USE OF THE WEBSITE; (c) YOUR VIOLATION OF THIS AGREEMENT; (d) YOUR VIOLATION OF ANY APPLICABLE LAWS, REGULATIONS OR ORDERS; OR(e) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.
NO REPRESENTATIONS OR WARRANTIES
Any material on the Website may include technical or other inaccuracies or typographical errors. THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. THIS WEBSITE IS MADE AVAILABLE TO YOU WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. PINNACLE AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY PINNACLE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OR SHAREHOLDERS SHALL CREATE ANY WARRANTY.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER PINNACLE NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY INFORMATION, SOFTWARE OR OTHER CONTENT OR MATERIAL ACCESSIBLE ON, FROM OR THROUGH THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER PINNACLE NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT, ACCURACY, SECURITY, AVAILABILITY, INTEGRITY OR RELIABILITY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY DATA, INFORMATION, CONTENT, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED ON OR THROUGH A THIRD PARTY SITE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION, MATERIAL OR CONTENT ON OR IN CONNECTION WITH THIS WEBSITE, OR ANY TRANSACTIONS ENTERED INTO ON OR THROUGH A THIRD PARTY SITE OR AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION, MATERIAL OR CONTENT OR IN CONNECTION WITH THIS WEBSITE. (4) THE INTERNET GENERALLY. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO REPRESENTATIONS OR WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Disclaimer of Endorsement/Linked Sites
The Website may contain links to websites operated by other parties. PINNACLE provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of PINNACLE, and PINNACLE is not responsible for the content available on these third party sites. Such links do not imply PINNACLE's endorsement of information or material on any other site and PINNACLE disclaims all liability with regard to your access to and use of such linked websites. The Website may provide search results that include third party content, including references to third party goods or services. You acknowledge and agree that such third party content belongs to PINNACLE’s advertisers, and that PINNACLE has no control over such content or the information contained therein. References to third party goods or services do not imply PINNACLE's endorsement of those goods or services, and PINNACLE disclaims all liability with regard to your access to and use of such material. If you decide to access any of the Third Party Sites linked to the Website, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on the Website, you are advised to read the terms of use and privacy policy of such Third Party Site before you use such Third Party Sites.
Not Professional Advice
Information provided via the Website is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you desire or require professional advice, please consult a qualified provider who is licensed in your state or country. You should always seek independent professional advice in the applicable area before acting on any opinion, advice, or information available on the Website.
Dealing With Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers, promoters or other third parties found on or through the Website, including payment and delivery 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 PINNACLE shall not be responsible or liable 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 on the Website. You agree that you are responsible for all third party charges that you incur while on the Internet.
Changes to This Agreement
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PINNACLE reserves the right to change or remove any Content from this Website, in whole or in part, at its sole discretion, at any time, without notice. PINNACLE reserves the exclusive right to modify these Terms of Use at any time to take effect immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications. Any continued use of the Website after such change(s) has taken effect will be deemed conclusive of your acceptance of the modified Agreement.
Access/Failure to Comply
PINNACLE has the right to terminate, suspend or restrict your access to the Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access the Website. PINNACLE also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.
Information and Content Provided by You
“User Provided Content” means information, content and other material that any user of the Website submits or otherwise provides to PINNACLE (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of the Website submits or otherwise provides PINNACLE with User Provided Content, the user agrees that such User Provided Content will be deemed to be non-confidential, and that PINNACLE assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content). You grant PINNACLE and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to PINNACLE, in whole or in part, in such manner, format and media and for such purpose as PINNACLE may see fit in its sole discretion and without compensation to you, and (b) grant to third parties, the right, sublicense and authority to exercise all or any portion of the rights granted to PINNACLE in this paragraph, subject to such terms and conditions as PINNACLE may deem appropriate in its sole discretion, without compensation to you. Without limiting the preceding paragraph, the submission or provision of User Provided Content to PINNACLE will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by PINNACLE for any purpose whatsoever. You represent and warrant that you have the right and authority to grant PINNACLE the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by PINNACLE or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) you are at least 18 years old, and (e) use of such User Provided Content will not cause injury to any person or entity. You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files. You agree and understand that PINNACLE may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at the Website, and any material you may choose to post on the Website. You should keep a copy of any material that you maintain or post at the Website because PINNACLE will not undertake to retain copies of any material that PINNACLE or others may delete from the Website. If you choose to provide us registration or other types of information, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You are responsible for all activity on or through the Website performed using your account or your password. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If PINNACLE provides you with an account name, PINNACLE retains ownership of your account name and licenses it to you on a limited, non-exclusive basis for the duration of your account activation. You agree that PINNACLE's sole obligations with respect to user data and privacy are set forth in the Privacy Policy.
Governing Law and Venue
This Agreement shall be governed and construed in accordance with the laws of the State of Louisiana, without regard to its conflicts of law provisions. You agree that in any legal action or proceeding between you and PINNACLE concerning this Agreement, you agree to submit to exclusive jurisdiction of the state and federal courts located in Baton Rouge, Louisiana and you expressly waive all defenses to jurisdiction.
Miscellaneous
The Terms of Use of Website and all other documents referenced herein constitute the entire agreement between PINNACLE and you with respect to your use of this Website. Any terms varying from this Agreement in any written, electronic or other communication from you are void. PINNACLE's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by PINNACLE in writing, and PINNACLE reserves the right to enforce any such provision(s) in its sole discretion. If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, then such provision will be construed as nearly as possible to reflect the intent of the parties and such determination shall not affect the remaining provisions hereof. Except as otherwise required by law, any cause of action or claim you may have with respect to Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred . Both parties expressly waive a jury trial.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY USING THE WEBSITE YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES
Last updated as of September 16, 2011