Terms of Use
V-Local.com Terms of Use
Terms
of Use Agreement
PLEASE
REVIEW THIS TERMS OF USE AGREEMENT. BY ACCESSING, BROWSING OR USING
THIS WEBSITE, OR ANY PAGE THEREOF, YOU ACCEPT AND AGREE TO BE BOUND
BY THESE TERMS OF USE.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE AND YOU ARE TO CEASE ACCESSING OR OTHERWISE USING THE WEBSITE.
Your Account
You will receive a password and account designation upon completion of the V-Local registration process. You are solely responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
Responsibility
for Your Conduct
You are solely liable for your conduct or any information that
you upload or transmit to the website. You may not provide false or
misleading information to this website or submit information under
false pretenses. Without limiting anything else in these Terms of
Use, we may immediately terminate your account and use of this
website if you provide false or misleading information or submit
information under false pretenses. You agree not to use V-Local
Services to:
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upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
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impersonate any person or entity;
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upload, post, transmit or otherwise make available any content that you do have a right to make available under any law or under contractual or fiduciary relationships (such as insider information or information protected as a trade secret, confidential or proprietary);
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upload, post, transmit or otherwise make available any content that infringes on any patent, trademark, or copyright; and/or
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stalk or otherwise harass another user.
Links to Third Parties
V-Local may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that V-Local is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources. You further acknowledge that V-Local shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such site or resource.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotion of, advertisers found on or through V-Local, 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 advertiser. You agree that V-Local 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 advertisers on V-Local.
Disclaimers
and Liability
We
intend that the information contained in this website be accurate and
reliable; however, errors sometimes occur. In addition, changes and
improvements to the information provided herein may be made by us at
any time. Under no circumstances will we be liable for any loss or
damage caused by your reliance on information obtained through the
website. It is your responsibility to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or
other content available through the website.
THE
WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ASSOCIATED WITH IT ARE PROVIDED \\\"AS IS\\\". WE AND/OR OUR
SUPPLIERS, ADVERTISERS OR PARTNERS DISCLAIM ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO
THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. USE OF THE WEBSITE SERVICES IS AT YOUR OWN RISK. WE
ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE
AND/OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE
WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE
BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE, OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS,
ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK
DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER
PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE
PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE
WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR
PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
OUR RECORDS, PROGRAMS OR SERVICES, , OR OTHERWISE ARISING OUT OF THE
USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF WE AND/OR OUR ADVERTISERS OR PARTNERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
AS A CONDITION OF USE OF THE WEBSITE YOU AGREE TO INDEMNIFY V-LOCAL AND ITS RELATED COMPANIES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEYS\\\' FEES) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY YOU OF THIS AGREEMENT.
External Links
We may provide links to third party websites, and some of the content appearing to be on this website may in fact be supplied by third parties. We assume no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites.
Any links contained on this website shall not be construed as an endorsement by of any such linked website. We have not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a website that is linked to this website, please contact us and we will determine if the link should be removed from this website.
DISPUTE
RESOLUTION
THIS AGREEMENT
PROVIDES THAT ALL DISPUTES BETWEEN YOU AND V-LOCAL WILL BE RESOLVED
BY BINDING
ARBITRATION.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR
RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS
ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND
NOT
A JUDGE OR JURY. You are entitled to a fair hearing, and the
arbitration procedures are simpler and more limited than rules
applicable in court. Arbitrator decisions are enforceable as any
court order and are subject to very
limited review
by a court. By using V-Local’s goods, facilities and services, you
consent to these restrictions.
Any claim or controversy arising out of or relating to the use of the website, to the goods or services provided by V-Local or its related companies, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy as to arbitrability (\\\"Dispute\\\"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (\\\"AAA\\\") in force at that time. The arbitration shall be venued in Hennepin County, Minnesota, unless otherwise dictated by applicable state statute. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to V-Local. In any arbitration, we will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, unless otherwise dictated by applicable statutes. To begin the arbitration process, a party must make a written demand therefor.
Any
judgment upon the award rendered by the arbitrators may be entered in
any court of competent jurisdiction in Hennepin County, Minnesota.
The arbitrators shall not have the power to award damages in
connection with any Dispute in excess of actual compensatory damages
and shall not multiply actual damages or award consequential,
punitive or exemplary damages, and each party irrevocably waives any
claim thereto, except in Maine where state law will control all
rights and remedies in the arbitration. The agreement to arbitrate
shall not be construed as an agreement to the joinder or
consolidation of an arbitration under this agreement with an
arbitration of disputes or claims of any non-party, regardless of the
nature of the issues or disputes involved. To the fullest extent
permitted by applicable law, no arbitration under these Terms of Use
shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings or
otherwise.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and V-Local, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Hennepin County Minnesota.
General
Terms
If any part of this Terms of Use is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the Terms of Use will
continue in effect. Except as expressly stated herein, the Terms of
Use constitute the entire agreement between you and us with respect
to this website.
Incorporation of Privacy Policy
The V-Local Privacy Policy is hereby incorporated by reference into this Agreement.
Changes
to these Terms of Use
We
will occasionally update these Terms of Use to reflect changes in our
practices and services. When we post changes to these Terms of Use,
we will revise the \\\"last updated\\\" date at the top of these
Terms of Use. If we make any material changes in the way we collect,
use, and/or share personal information that may impact you, we will
notify you by sending an e-mail to the e-mail address you most
recently provided us in your account, profile or registration (unless
we do not have such an e-mail address), and/or by prominently posting
notice of the changes on our website. We recommend that you check our
website from time to time to inform yourself of any changes in these
Terms of Use.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS
