AGREEMENT. This Website is owned and operated by LOCALS LOVE US. The following terms and
conditions shall apply to each User. If this Agreement does not answer Your questions, we invite You to email us at
info@localsloveus.com. Carefully review the Definitions near the end of
the Agreement - those definitions are important and will help you understand this Agreement.
By accessing this Website, Sending or Submitting information, You agree to this Agreement which is a legally binding
agreement. If You do not agree, You may not view, print, distribute, Submit, Send, or otherwise utilize this Website.
LOCALS LOVE US reserves the right to change these terms of use from time to time at its sole discretion without
notice. You should always review this Agreement prior to each visit to ensure that You have the full understanding
of the current terms, conditions, and Privacy Policy. In the case of any violation of this Agreement,
LOCALS LOVE US reserves the right to seek all remedies available by law and in equity of such
violations.
THE COMPANY. LOCALS LOVE US operates a Website that allows the public to express their opinion on various
companies providing goods and services in various communities. LOCALS LOVE US does not make our own recommendations, but
rather relies on the opinions of real consumers.
LOCALS LOVE US RESULTS. LOCALS LOVE US does not recommend any person, entity, product or
service. Users of the Web Site, through their Submissions, rank vendors in specific categories and LOCALS LOVE US announces the results of the User opinions. The individual experience of any User or other
person/entity of such third party may vary, from time to time, and LOCALS LOVE US does not confirm, verify,
investigate, or adopt the opinions of Users. LOCALS LOVE US reserves the right to review the results of
all voting and USER submissions to monitor and remove evidence of fraudulent, duplicative or irregular
voting or submissions.
CONTENTS AND DISCLAIMER OF WARRANTIES. The information contained in this Website is not guaranteed
to be accurate, current or complete. LOCALS LOVE US has attempted to provide accurate information on this Website,
but assumes no responsibility for the accuracy of the information. Information on this Website may contain
inaccuracies or typographical errors, and may be changed or updated without notice.
THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW.
LOCALS LOVE US AND ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE HEREBY DISCLAIM: (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE
OPERATION OF THIS WEBSITE OR ANY PART OF IT; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS WEBSITE
OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY,
CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE
OR IN ANY PRINT FORM, AND (E) WARRANTIES RELATING TO WEBSITES OR COMPANIES OR VENDORS WHICH THIS WEBSITE IS LINKED.
LOCALS LOVE US MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE OR SERVICE PURCHASED OR ORDERED
FROM ANY THIRD PARTY, AND MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE NOR ANY IMPLIED WARRANTY OF
MERCHANTABILITY.
INFORMATION. We do our best to provide the most accurate, up-to-date information, but errors do
occur and we reserve the right to make changes without notice. Market segments and consumer moods change
frequently. LOCALS LOVE US may change the services, recommendations, and/or information contained on this Website
at any time, without prior notice.
PRIVACY POLICY. You agree to our Privacy Policy, and agree to review it each time you visit our
Website.
CUSTOMER INFORMATION. Any information Submitted by a Viewer to LOCALS LOVE US, becomes the
property of LOCALS LOVE US, subject only to the Privacy Policy.
LIMITATION OF LIABILITY. USER EXPRESSLY UNDERSTANDS AND AGREES THAT LOCALS LOVE US SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, PERSONAL INJURY, THIRD PARTY PRODUCT OR SERVICE
DELAY, THIRD PARTY PRODUCT OR SERVICE FAILURE OR DEFECT, OR OTHER INTANGIBLE LOSSES (EVEN IF LOCALS LOVE US HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL INCLUDE, BY WAY OF EXAMPLE AND NOT
LIMITATION, DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR SUBMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (iv) DELAYS,
(v) LOSS OF DATA, OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE, OR ANY ITEM YOU SUBMITTED TO US. OUR LIABILITY
WILL BE NO MORE THAN THE AMOUNT YOU PAID LOCALS LOVE US FOR THE USE OF OUR WEBSITE. THIS IS THE MAXIMUM AMOUNT FOR
WHICH WE ARE RESPONSIBLE.
CONSENT TO E-MAIL COMMUNICATION. By Submitting information to LOCALS LOVE US, and each time you
view the Web Site or contact us, You grant permission for LOCALS LOVE US to contact You at Your e-mail address. To
stop receiving our marketing emails, send an e-mail to us at optout@localsloveus.com
or follow the opt-out procedures set forth in such marketing emails.
INDEMNITY. Each User agrees to defend, indemnify and hold LOCALS LOVE US, and its subsidiaries,
affiliates, officers, employees, agents, co-branders or other partners, harmless from any action, claim, proceeding,
demand, cost or expense, including reasonable attorneys' fees, due to or arising out of use of this website by the
User, violation or breach of this agreement, or any violation of any rights of another by the User.
REPRODUCTION OF CONTENT. The content in the website is protected by United States and
International copyrights. User agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or
exploit for any commercial purposes, any portion of the website without the prior permission of LOCALS LOVE US.
Notwithstanding the foregoing, LOCALS LOVE US grants each viewer the personal right to download Website materials
for personal non-commercial use.
NO GRANT OF LICENSE. Nothing on the Website or on any LOCALS LOVE US website, or Your use of the
Website, shall be construed as conferring any license or other rights under the intellectual property or other
proprietary rights of LOCALS LOVE US, its affiliates or any third party, whether by estoppel, implication or
otherwise.
TRADEMARK INFORMATION. LOCALS LOVE US, LOCALSLOVEUS.COM, together with the design logo,
are trademarks of LOCALS LOVE US (the "LOCALS LOVE US Marks"). User agrees not to display or use the LOCALS LOVE US Marks in any manner without first obtaining written permission of an authorized representative of LOCALS LOVE US.
COPYRIGHTS AND COPYRIGHT AGENTS. LOCALS LOVE US respects the intellectual property of others, and
we ask all Viewers and contributing writers to do the same. If You believe that Your work has been copied in a way
that constitutes copyright infringement, please provide LOCALS LOVE US with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
interest;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and
that You are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement is the person named below, who can be reached as
follows:
Hagen, Wilka & Archer, LLP
600 South Main Avenue, Suite 102
P.O. Box 964
Sioux Falls, SD 57104
JURISDICTION. User understands and agrees that use of this Website is not intended to and does not
create jurisdiction in any state or country other than South Dakota of the United States of America. User
understands and agrees not to use this Website if User deems electronic communication as consent to jurisdiction in
any other state or country. User further understands and agrees that the information on this Website is not directed
towards any specific jurisdiction other than South Dakota of the United States of America. User understands that
the information on this Website was published and maintained from South Dakota. User acknowledges and agrees that
all information contained on this Website is deemed "published" when first posted to our web server.
DISPUTES. Any claims by any User against LOCALS LOVE US relating in any way to Your Submission,
inquiry, use of the Website, or attempted or actual interaction with LOCALS LOVE US shall be submitted to
confidential arbitration in Sioux Falls, South Dakota. Arbitration under this Agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may
be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise. Subject to the last sentence of this
paragraph, in any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney's
fees. In the event that this arbitration provision is unenforceable, any litigation regarding this Agreement or
any transaction between the User and LOCALS LOVE US shall be brought in the state or federal courts located in
Minnehaha County, South Dakota, and hereby agrees and submits to such jurisdiction and venue as exclusive and
proper. In the event LOCALS LOVE US is successful in the arbitration, it shall be awarded its reasonable costs,
expenses and attorney fees.
TITLES. The section titles in the Agreement are for convenience only and have no legal or
contractual effect.
WAIVER. Any waiver of this Agreement must be in writing and signed by LOCALS LOVE US.
GOVERNING LAW. This Agreement and the relationship between User and LOCALS LOVE US shall be
governed by the laws of the State of South Dakota, without regard to its conflict of law provisions.
DEFINITIONS.
- "Agreement" shall mean these Terms and Conditions, and the Privacy Policy.
- "Locals Love Us" shall mean Locals Love Us, LLC, a South Dakota limited liability company
- "Customer" includes any individual or entity that registered with our Website, or any individual or entity
that Sends information to us.
- "Send", "Sending", "Submitting", or "Submission", or any variation thereof, means the transmission of any
data to us for any reason, including any vote, feedback, suggestion, submission of data for any of our
online surveys, mailing us information, or responding to any electronic or written communication.
- "User" includes Viewers and Customers.
- "Viewer" includes any individual or entity that views, prints, distributes or otherwise uses the contents
of this Website whether in electronic or printed form.
- "Website" shall include any information contained upon www.localsloveus.com or any website that mirrors the
content of www.localsloveus.com
- "You" or "Your" includes Viewers and Customers.
ENTIRE AGREEMENT. This Agreement and the Privacy Policy constitutes the entire agreement between
User and LOCALS LOVE US. This Agreement supersedes any prior agreements between User and LOCALS LOVE US. No
subsequent alteration, amendment, change or addition to this Agreement shall be binding upon either party unless
published upon the LOCALS LOVE US website at www.localsloveus.com/home/tos or agreed to in writing between the
respective parties.
