TERMS OF USE
Welcome to Locality, Inc.
Following are the terms and conditions applicable to your use of our services
at Locality.com. By accessing and using this site, you agree to these Terms
of Use.
We may amend this Agreement at any time by posting the amended Terms of Use on our site. Except as stated below, all amended terms shall be effective immediately after they are initially posted on our site. Your continued use of the Web site indicates your acceptance of any changes. These Terms of Use may not otherwise be amended except in a writing signed by you and Locality, Inc. These Terms of Use were last revised on June 27, 2000.
1. Locality
is a Venue.
The Locality site is an online venue for local merchants and businesses. We
refer to our merchants and other businesses that have sites linked to Locality
as our Asubscribers.
Some of our subscribers use their Locality-linked Web sites for advertising, while others sell goods and provide services through online transactions. Locality is not involved in any actual transaction between subscribers and users of this site. As a result, we have no control over the quality of the items advertised, the truth or accuracy of the advertisements for products and services or the ability of subscribers to sell and deliver products or to provide services.
2. Release.
Because Locality is not involved in the actual transactions between subscribers
and users, in the event that you have a dispute with one or more subscribers
located on our network, you agree to release Locality and our officers, directors,
agents, employees, affiliates, successors and assigns, from any 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.
3. Information
Control.
Locality does not control the information provided by subscribers that is made
available through our network. You may find a subscriber's information to
be offensive, harmful, inaccurate or deceptive. Please use caution and common
sense when purchasing products and services you locate on the Locality network.
4. Proprietary
Information.
Locality's Web site is for information purposes only. The information available
through the Web site is the property of Locality, or its subscribers or other
third parties from whom the information is licensed, and is protected by copyright
and other intellectual property laws. Information received through Locality's
Web site may be displayed and printed for your personal, internal non-commercial
use only. No information, materials, images or data contained in the Locality
network may otherwise be used, reproduced or distributed by any user, except
with the prior written consent of Locality or the applicable subscriber or licensor.
5. Accuracy of Information.
LOCALITY MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
THAT APPEARS ON THE LOCALITY WEB SITE OR ON ANY LINKED SITES.
6. Access
to other Web Sites.
Locality's Web site contains hyperlinks that will let you access other Web sites
of third parties, including Locality's subscribers. Some of the linked sites
may appear at a domain name that includes an e2grow.com. None of these sites
are under the control of e2grow or Locality.com. Therefore, Locality assumes no responsibility
or liability for any obscene, defamatory or other infringing or illegal material
that may reside in any third-party Web site accessed through a link from Locality's
Web site, nor does Locality make any representation or warranty regarding the
quality of any product or service contained or obtained through any such site.
7. Conduct.
While using the Locality site, you are a part of the Locality community, and you
agree that your use will respect the rights of other members of the community.
In particular, you agree not to (a) restrict any other user from using the
Locality site or any linked sites or from purchasing any products or services
sold by any Locality subscribers; (b) take any action intended to threaten,
intimidate or harass any other person or which is abusive, illegal, hateful,
discriminatory or otherwise objectionable or harmful; (c) use the Locality site
or any linked sites to send unsolicited advertising, promotional material
or other forms of solicitation to other users; (d) submit, publish, distribute
or transmit through the Locality site or any linked site, any materials that
do not meet the requirements of these Terms of Use; or (e) impersonate any
person or entity, or forge anyone else's digital or manual signature, or attempt
to gain unauthorized access to Locality.com or any other person's computers,
software or data.
Locality reserves the right to prohibit access to, and use of, the Locality site and any other linked sites on the Locality network by any user who, in Locality's sole discretion, violates these Terms of Use. Locality may take steps to prohibit access or use without prior notice to the user. If you believe another user is violating these Terms of Use, you may notify Locality, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the Locality site or any linked sites on the Locality network.
8. No
Warranty.
Products and services sold on the Locality site and/or on linked sites on the
Locality network are provided by third parties and may be accompanied by representations
and warranties provided by those third parties. LOCALITY MAKES NO REPRESENTATIONS
AND WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS AND SERVICES OF THIRD
PARTIES.
LOCALITY DOES NOT WARRANT THAT THE OPERATION OF THE WEB SITE, OR ANY MATERIALS
AVAILABLE FROM THE WEB SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES
LOCALITY MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THIS WEB SITE
OR ANY SUCH MATERIALS. THE WEB SITE AND MATERIALS AVAILABLE FROM THE WEB SITE
ARE PRESENTED AS IS.
YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT WILL LOCALITY BE LIABLE TO ANY PARTY FOR ANY DAMAGES ARISING IN ANY WAY FROM THE AVAILABILITY, USE, RELIANCE UPON OR INABILITY TO USE THE WEB SITE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE 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 or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing disclaimers may not apply to you in their entirety. IN SUCH JURISDICTIONS, THE PROVISIONS SET FORTH ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Indemnity.
You agree to indemnify and hold Locality and our officers, directors, agents,
employees, affiliates, successors and assigns harmless from any claim or demand,
including reasonable attorneys= fees, made by any third party due to or arising
out of your breach of these Terms of Use, your violation of any law or the
rights of a third party, and/or your activities in connection with the Locality
site and/or any linked sites.
10. No
Agency.
Locality and the subscribers on our network are independent contractors, and
no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms of Use or otherwise.
11. Additional
Terms.
Our Privacy Policy is available from a link on
our home page at http://www.e2grow.com. We may change our Privacy Policy from
time to time and our changes are immediately effective after we provide notice
of the changes by posting the revised policy on our Web site.
12. General.
Locality produces the Locality site and makes the Locality network available from
its offices in the State of Ohio. Accordingly, these Terms of Use shall be
governed in all respects by the laws of the State of Ohio, without regard
to choice of law principles. In addition, you submit to the exclusive personal
jurisdiction and venue of the state and federal courts located in Geauga County,
Ohio. You agree that, regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to these Terms of Use,
must be filed within one (1) year after such claim or cause of action arose
or be forever barred. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. These Terms of
Use set forth the entire understanding and agreement between us with respect
to your use of the Locality site, except any terms and conditions contained
in Locality's Privacy Policy or other policies posted from time to time on the
Locality site.
