GETTINLOCAL

TERMS OF USE

PaeBac, LLC (d/b/a GettinLocal) and its affiliates (collectively, “GettinLocal,” “we,” “us,” or “our”) own or license all right, title, and interest in and to the website located at www.GettinLocal.com (the “Website”) and any related software, service and/or mobile application available thereon (the “App,” and collectively with the Website, the “Services”). We have established the following terms and conditions (the “Agreement”) with which you must comply when you access or use the Services. All references to “you” or “your” refer to you and the entity on behalf of which you use the Services.

BY ACCESSING THE SERVICE OR SUBMITTING CONTENT (AS DEFINED BELOW), YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS, OR SUBMIT CONTENT TO, THE SERVICES.

From time to time, GettinLocal may without advance notice: (a) supplement or make changes to this Agreement and other rules or access and use procedures, documentation, security procedures and standards for equipment related to the Services, or (b) modify or withdraw any Service. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your use of the Services after a modification to this Agreement constitutes your acceptance of the modification.

You should also review our Privacy Policy http://www.gettinlocal.com/3951/privacy-policy, the terms of which are incorporated herein by reference and made a part of this Agreement.

  1. OWNERSHIP GettinLocal and its licensors and suppliers own all information, text, reports, analyses, data, graphics, images, sound recordings, audio and visual clips, User Content (as defined below) photographs, programs, applications, software, and other content (except User Content as defined below) contained in the Services, as well as the collection, design, production, selection and arrangement thereof (collectively, the “GettinLocal Material”). We may incorporate third-party software (including open source software) as part of the Services, and all such third party software is subject to additional terms (if any) provided by the third party licensor. The names, marks, and logos appearing in the Services (collectively, the “Trademarks”) are owned by or licensed to GettinLocal and are used with permission of the owner. The GettinLocal Materials are protected by trademark, copyright, and other intellectual property laws. GettinLocal requires you to respect the intellectual property rights that we have in the GettinLocal Material and in the Trademarks. You acknowledge GettinLocal’s proprietary rights in the Service and associated documentation and shall protect the proprietary nature thereof. If you suggest any new features, functionality or performance for the Service that GettinLocal subsequently incorporates into the Service (or any other software or service), you hereby acknowledge that (i) GettinLocal shall own, and has all rights to use, such suggestions and the Service (or any other service) incorporating such new features, functionality, or performance shall be the sole and exclusive property of GettinLocal and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon GettinLocal.
  2. LICENSE GettinLocal hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to view and use the Services in accordance with the terms of this Agreement. If you are a merchant subscriber to our fee-based services provided by GettinLocal via the Services, then this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. You agree to retain all proprietary notices on any copy you make of the GettinLocal Material. This license does not give you any ownership or intellectual property interest in any GettinLocal Material or the Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any GettinLocal Material. All rights not expressly granted to you under this Agreement are reserved by GettinLocal.
  3. USER IDS. In order to create an account to use the Services, you may be required to create a unique identification name and password for access to and use of the Service (“User ID”). You shall be solely responsible for ensuring the security and confidentiality of your User ID. You acknowledge that you will be fully responsible for all liabilities incurred through use of your User ID and that any transactions under your User ID will be deemed to have been performed by you. Use of any User ID other than as provided in this Agreement shall be considered a breach of this Agreement by you.
  4. PERSONAL INFORMATION You may be required to submit information that is personal, or which identifies you such as your name, physical address, e-mail address, telephone numbers and other personal information (“Personal Information”) to use the Services. Your Personal Information will be handled in accordance with our Privacy Policy http://www.gettinlocal.com/3951/privacy-policy.
  5. USER CONTENT You may submit photographs, images, videos, information, comments, suggestions, graphics, drawings, designs, or other similar materials, including, without limitation, merchants who advertise through the Service (collectively, “User Content”) to GettinLocal via the Services. By uploading or submitting any User Content to GettinLocal, you represent and warrant that you are the original author, owner, or licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. When you submit User Content to GettinLocal, you grant GettinLocal a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free, freely transferable right and license to use, copy, modify, create derivative works of, delete, transmit, publish, display, perform, translate, sell, and distribute the User Content, and to incorporate such User Content into any form or medium now known or hereinafter invented, without compensation to you. No User Content will be subject to any obligation of confidence on the part of GettinLocal. You agree that disputes arising from an alleged violation of intellectual property rights may result in GettinLocal suffering irreparable harm and that, in the event of such a dispute, GettinLocal may obtain a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies. ALL USER CONTENT IS PROVIDED “AS-IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.
  6. SITE IS A VENUE. The Service is a communications platform for enabling the connection between individuals who are either seeking or offering merchant services to users local to the merchant. The Service is merely a venue through which GettinLocal’s users contract between themselves and, as such, GettinLocal does not have any control over the quality, timing or legality of services actually requested or delivered by its merchant users. Merchants and their customers agree to make their own decisions and assessments about whether to participate in any merchant offering. In no way is GettinLocal involved in transactions for services to be rendered by any merchant and its customers and GettinLocal does not independently verify any of the offerings made by a merchant user. Merchants and their customers must deal directly with each other to resolve any disputes between them. GettinLocal will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between merchants and their customers.
  7. CHILDREN’S PRIVACY The Services are not designed for or targeted to children under the age of 13, and GettinLocal will never knowingly solicit or collect the Personal Information of a child under the age of 13. If we discover that Personal Information of a child under the age of 13 has been submitted without verifiable parental consent, we will immediately delete such Personal Information.
  8. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE GettinLocal is under no obligation to, and does not, scan third-party content used in connection with the Services for the inclusion of illegal or impermissible content. However, GettinLocal respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another party’s copyright. It is GettinLocal’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law. If you believe any content on the Services infringe a copyright, you should provide GettinLocal with written notice that at a minimum contains:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GettinLocal to locate the material;
    • Information reasonably sufficient to permit GettinLocal to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    All DMCA notices should be sent to GettinLocal’s designated agent as follows: GettinLocalCompliance Dept.C-1081400 Old Country Rd.Westbury, NY 11590
  9. PROHIBITED ACTS The following is a non-exhaustive list of activities that are prohibited in connection with the Services:
    • criminal or tortious activity, committing fraud or conspiracy, sending sexually-explicit images or obscene materials, gambling, harassment, threatening, stalking, spamming, sending of viruses or other harmful files, intellectual property infringement or trade secret theft, or sending hateful, insulting or discriminatory materials, messages or content;
    • using any information contained in the Services for purposes of constructing a competing service or otherwise diminishing the value of the Service;
    • web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Trademarks, GettinLocal Material or other proprietary information of GettinLocal or its licensors and suppliers;
    • any automated use of the Services or User Content, such as using scripts to add subscribers or send comments or messages;
    • interfering with, disrupting, or creating an undue burden on the Services;
    • removing copyright, trademark or other proprietary rights notices contained in or on the Services;
    • using robots, spiders, or other automated devices to retrieve or index any portion of the Services;
    • attempting to impersonate another person or entity;
    • using any information obtained from the Services to harass, abuse, discriminate against or harm another person; or
    • using the Services in a manner inconsistent with applicable laws and regulations.
    GettinLocal reserves the right to investigate and take appropriate legal action against anyone who, in GettinLocal’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities.
  10. TERMINATION GettinLocal may, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. GettinLocal reserves the right to terminate your account and prevent you from accessing the Services at any time and for any reason, including, but not limited to, your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the GettinLocal Material and obligates you to immediately destroy any copies of the GettinLocal Material in your possession.
  11. DISCLAIMER OF WARRANTIES EXCEPT AS OTHERWISE SET FORTH HEREIN, THE SERVICES AND THE GETTINLOCAL MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GETTINLOCAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, GETTINLOCAL MATERIAL AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. GettinLocal Material and User Content may contain inaccurate or out-of-date information or typographical or spelling errors. GettinLocal does not make any representations or warranties regarding: (i) the truth, accuracy, completeness, timeliness, legality, or reliability of any GettinLocal Material and User Content; or (ii) any results to be obtained from using the Services or relying on the GettinLocal Material and/or the User Content. GettinLocal does not warrant that: (i) the quality of any information, products, services, or other material that you obtain from the Services will meet your expectations; (ii) the Services will operate uninterrupted and error-free; (iii) the Services will be free of viruses, worms or other harmful material; or (iv) the Services will operate in perpetuity. GettinLocal shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond GettinLocal’s control. User acknowledges that the performance of certain of GettinLocal’s obligations may require the cooperation of third parties designated by User and outside the control of GettinLocal In the event such third parties fail to cooperate with GettinLocal in a manner that reasonably permits GettinLocal to perform its obligations, such failures shall be considered as causes beyond the control of GettinLocal for the purposes of this Section and shall not be the basis for a determination that GettinLocal is in breach of any of its obligations under this Agreement or is otherwise liable.
  12. LIMITATION OF LIABILITY YOU USE THE SERVICES AND THE GETTINLOCAL MATERIAL AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GETTINLOCAL SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THE SERVICES, GETTINLOCAL MATERIAL AND USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY OF THE FOREGOING PARTIES FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THE SERVICES, GETTINLOCAL MATERIAL AND USER CONTENT WILL IN NO EVENT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO A CLAIM ARISING HEREUNDER OR, IF YOU ARE NOT A PAID USER OF THE SERVICES, THEN ONE HUNDRED DOLLARS ($100). GETTINLOCAL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. GETTINLOCAL IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  13. COMPLIANCE WITH LAWS You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
  14. ADDITIONAL TERMS Occasionally, GettinLocal may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Services (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this Agreement.
  15. ADDITIONAL TERMS Occasionally, GettinLocal may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Services (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this Agreement.
  16. INDEMNIFICATION You agree to defend, indemnify, and hold harmless GettinLocal and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, and Independent Contractors from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (i) your use of the Services or the GettinLocal Material; (ii) any conduct by you that violates the terms of this Agreement; or (iii) your infringement of the intellectual property rights of third parties.
  17. GENERAL PROVISIONS This Agreement is governed by the laws of State of New York without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in New York, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Services. GettinLocal’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time. GettinLocal may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of GettinLocal. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement. Except as expressly provided elsewhere on the Services, this Agreement constitutes the entire agreement between you and GettinLocal with respect to your use of the Services.