1. ABOUT THIS AGREEMENT
This is an agreement ("Agreement") between you and Local Lookup (or, if applicable, one of its affiliates) . Local Lookup provides users, who submit queries in any Web-based search box provided by Local Lookup, with Internet navigation assistance web pages ("Results Pages") containing search results and other content (the "Service"). This Agreement governs your use of the Service, including any Results Pages and any Web page that contains a Web-based search box provided by Local Lookup (a "Home Page"; and, together with any Results Pages, the "Local Lookup Web Pages"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. LOCAL LOOKUP OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 7, 8, and 9); AND AN EXCLUSIVE REMEDY (See Section 8). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
2. HOW WE MAY MODIFY THIS AGREEMENT
Local Lookup reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Local Lookup Web Page. Your continued use of the Service constitutes your acceptance of, and agreement to, this Agreement, including any changes made to such Agreement pursuant to this Section.
3. ADVERTISING
You understand and agree that the Service may include advertisements and that these advertisements are necessary for Local Lookup to provide the Service.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE
The Local Lookup Web Pages are for your personal, non-commercial use only. You will not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the Local Lookup Web Pages, any portion thereof, or any services or products available there under for commercial purposes. You will not use the Local Lookup Web Pages in any way that is unlawful, or harms Local Lookup, its affiliates, resellers, distributors, service providers and/or suppliers. Local Lookup may tell you about certain specific harmful uses in a code of conduct or other notices available through a Local Lookup Web Page, but has no obligation to do so. You will not use any Local Lookup Web Page in any way that breaches any code of conduct, policy or other notice applicable to such Local Lookup Web Page. Without limiting the generality of this Section, you will not use the Local Lookup Web Pages in any manner that could damage, disable, overburden, or impair any Local Lookup Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Service.
5. PROHIBITED ACTIVITIES
Without limiting the generality of Section 4, you will not use any Local Lookup Web Page to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not send automated queries of any sort to the Service. Please note that "sending automated queries" includes, among other things (a) using any software that sends queries to the Service to determine how a web site or web page "ranks" on the Service for various queries; (b) "meta-searching" the Service; and (c) performing "offline" searches on the Service.
6. INFORMATION AVAILABLE FROM THE RESULTS PAGES
Local Lookup and its suppliers do not warrant or guarantee the accuracy, completeness or timeliness of any information available on a Local Lookup Web Page. Local Lookup and its suppliers do not authorize the use of information available from Local Lookup Web Pages for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. Local Lookup does not endorse or recommend any particular product or service.
7. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
In no event will any Local Lookup party be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the service or the Local Lookup web pages, even if such party has been advised of the possibility of such damages. The exclusion of damages under this section 8 is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the service, you do not agree with any part of this agreement, or you have any other dispute or claim with or against any Local Lookup party with respect to this agreement or the service, then your sole and exclusive remedy is to discontinue using the service.
8. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
The Local Lookup Parties may change the service or delete features in any way, without notice, at any time and for any reason. As you use the Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "Content") originated by Local Lookup and persons other than Local Lookup ("Third Parties"). The intellectual property rights in any Content, including any trademarks, provided by Third Parties via the Service are owned by such Third Parties or their licensors and may be subject to separate Terms and Conditions of those Third Parties. You understand and agree that by using the Service, you may be exposed to Content that is offensive, indecent, threatening or otherwise offensive. Without limiting the generality of sections 7 and 8, you acknowledge and agree that the Local Lookup parties are not responsible or liable for (1) any content provided by Local Lookup or any third parties, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content, or (2) any third party conduct, transmissions or data. In addition, without limiting the generality of sections 7 and 8, you acknowledge and agree that Local Lookup is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the service, (2) any incompatibility between the interchange web pages and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, (4) any loss or liability resulting from errors, omissions or misstatements in any and all information or services provided by Local Lookup to you, or (5) any losses, damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the Local Lookup web pages. You agree that you must evaluate and bear all risks associated with the use of any content provided by Local Lookup or any third parties, including any reliance on the accuracy or completeness of such content. The limitations, exclusions and disclaimers in sections 7, 8 and 9 of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
9. LOCAL LOOKUP MAKES NO WARRANTY
Local Lookup provides the web pages "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the Local Lookup parties make no representations, warranties or conditions, express or implied. The Local Lookup parties disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the service will be uninterrupted or error-free.
10. THE USE OF LINKS
The Local Lookup Web Pages may include links to other World Wide Web sites or resources provided by Third Parties over which Local Lookup exercises no control. The search results that appear from Local Lookup’s indices are indexed by Local Lookup’s automated software, and cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. Because Local Lookup has no control over such links, sites and resources, you acknowledge and agree that Local Lookup is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such links, sites or resources. You further acknowledge and agree that Local Lookup 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 of or reliance on any such Content, goods or services available on or through any such link, site or resource.
11. MAPPING INFORMATION
Map information provided through the Service is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may differ from the map results. You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in any map information provided on the Service.
12. REQUESTS FOR REMOVAL OF LINKS FROM INDICES
We occasionally receive requests to remove links from our indices that generate web results. Although Local Lookup reserves the right to address such requests individually, Local Lookup is generally not willing to remove any links from its indices. Local Lookup’s indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Local Lookup cannot and does not screen anything made available through its indices. For each web site reflected in Local Lookup's indices, if either (a) a site owner restricts access to his or her web site or (b) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, Local Lookup would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.
13. TRADEMARK INFORMATION
You acknowledge and agree that Local Lookup™ and other Local Lookup logos, products and service names are trademarks of Rev Up, LLC ("Rev Up Marks") and you agree that you will not display or use the Rev Up Marks in any manner, without the express written permission of Us.
15. INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless Local Lookup, its parent,, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") relating to or arising from any breach by you of this Agreement or from your use of the Service. Local Lookup reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter; provided, however that you shall use your best efforts to cooperate with us in the defense of any Claim.
16. TERMINATION; ACCESS RESTRICTION
Local Lookup may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Service will immediately cease. Local Lookup may discontinue, temporarily or permanently, the Service with or without notice.
17. LIMITED TIME TO BRING A CLAIM
You and Local Lookup agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement 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 this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Local Lookup may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Local Lookup with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Local Lookup with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
19. COPYRIGHT INFRINGEMENT
As a provider of the Service (which provides paid and web search results and links to the web sites of third parties), Local Lookup is not in a position to arbitrate copyright disputes between copyright owners, on the one hand, and advertisers, web site operators or users of the Service, on the other hand. The advertisers, web site operators, and users are responsible for their own content. Thus, we encourage copyright owners to resolve their disputes directly with the advertisers, web site operators, and/or users. However, if an advertiser, web site operator, or user of the Service, as the case may be, repeatedly infringes the rights of a copyright owner(s), Local Lookup may, in appropriate circumstances and at its discretion, (a) disable and/or terminate the right of such advertiser to display its advertisements on Local Lookup Web Pages; (b) exclude such web site from being included in Local Lookup’s indices and web results; or (c) disable and/or terminate the right of such user to use the Service, as the case may be.
20. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.