THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND LocalPPR.com.
(“LOCALPPR.COM”, “WE” OR “US”). THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO
USE THE WEBSITE AS WELL AS ALL ASSOCIATED SITES PROVIDED BY LOCALPPR.COM, ITS
SUBSIDIARIES, AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). BY USING
THIS SITE OR REGISTERING TO USE THE SERVICES OFFERED THROUGH THE SITE
(“SERVICES”), YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY
OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES OR ANY
INFORMATION CONTAINED ON THIS SITE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION,
INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND
WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LOCALPPR.COM. YOU MAY OPT OUT OF THE
BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
LOCALPPR.COM may make changes to the content and Services offered on or through
the Site at any time. LOCALPPR.COM can change, update, or add or remove
provisions of these Terms, at any time by posting the updated Terms on this
Site and, if you are a current Subscriber (as defined below), emailing you at
the email address associated with your registered account. By using this Site
after LOCALPPR.COM has updated the Terms, you are agreeing to all the updated
Terms; if you do not agree with any of the updated Terms, you must stop using
the Site and Services.
By using this Site and/or Services, you represent, acknowledge and agree
that you are at least 18 years of age, or if you are under 18 years you may not
use the Site or Services at any time or in any manner or submit any information
to LOCALPPR.COM or the Site.
LOCALPPR.COM provides content on the Site and through the Services that is the
copyrighted and/or trademarked work of LOCALPPR.COM, LOCALPPR.COM’s third-party
licensors and suppliers or other users of the Site (collectively, the
“Materials”). Materials may include logos, graphics, video, images, software
and other content. LOCALPPR.COM
Subject to your compliance with these Terms, LOCALPPR.COM hereby grants you a
limited, personal, non-exclusive and non-transferable license to use and to
display the Materials and to use this Site and Services solely for your
personal use. Except for the foregoing license, you have no other rights in the
Site or any Materials and you may not modify, edit, copy, reproduce, create
derivative works of, reverse engineer, alter, enhance or in any way exploit any
of the Site, Services or Materials in any manner.
If you breach any of these Terms, the above license will terminate
automatically and you must immediately destroy any downloaded or printed
Using the Site and the Services on the Site
You need not register with LOCALPPR.COM to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site and
to use the Services and certain Materials offered on and through the Site, you
must register with LOCALPPR.COM for an account and receive a password.
Restricted Areas of this Site
LOCALPPR.COM administrator shall have the right to approve or reject the
requested registration, in the Company’s sole discretion. If your account is
approved by LOCALPPR.COM’s administrator, you will be notified and provided
with Access Details such as username and password. The Access Details are for
your own personal use only. You are responsible for maintaining the
confidentiality of your Access Details and you are responsible for all
activities that occur using your Access Details.
All the information that you provide when registering for an account and
otherwise through the Site must be accurate, complete and up to date.
By registering for an account with LOCALPPR.COM and subscribing to use the
Services, you become a “Subscriber” with access to certain password-restricted
Services, Materials and areas of the Site (a “Subscription”). Subscriptions and
the rights and privileges provided to a Subscriber are personal and
Certain Services sold by LOCALPPR.COM may require LOCALPPR.COM to host
certain elements of such Services and to provide ongoing support services. LOCALPPR.COM
reserves the right, in its sole discretion, to discontinue hosting, support and
all other activities related to such Services at any time following 12 months
from your initial purchase of such Services. Prior to such discontinuance, LOCALPPR.COM
will provide you with at least 30 days prior notice. Such notice will be sent
to the email address associated with your account, so it is your responsibility
to update as necessary the email address associated with your account.
Notwithstanding the foregoing, LOCALPPR.COM shall only be required to provide
such notice to users that have logged into the accounts associated with the
Service to be discontinued within the period of 90 days prior to the date of
notice of discontinuation. Upon discontinuation of a Service, LOCALPPR.COM may
delete all databases associated with your use of the Service.
Payment and Purchases
You may pay for your Subscription fee with credit card or PayPal. We or our
payment processing partner will charge your credit card or PayPal account for
your first Subscription fee on the date that we process your account
registration (or if you sign-up for a Subscription that includes a free-trial
period, we or our payment processing partner will charge your credit card for
your first Subscription fee upon your upgrade to a paid Subscription).Once your
credit card is charged the first Subscription fee (or if you sign-up for a
Subscription that includes a free-trial period, once your order for your
Subscription has been processed), you will receive a confirmation e-mail notifying
you of your ability to access the Services. All orders for services and
products are subject to acceptance by LOCALPPR.COM. LOCALPPR.COM may refuse to
accept any order for any reason in LOCALPPR.COM’s sole discretion.
Additionally, LOCALPPR.COM may cancel any order for any reason at any time,
even after acceptance, and refund the associated payments.
IMPORTANT NOTICE: LOCALPPR.COM WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON
YOUR MONTHLY OR YEARLY ANNIVERSARY DATE AND, AS AUTHORIZED BY YOU DURING THE
SUBSCRIPTION SIGN-UP PROCESS, LOCALPPR.COM OR OUR PAYMENT PROCESSING PARTNER
WILL CHARGE YOUR CREDIT CARD OR PAYPAL ACCOUNT WITH THE APPLICABLE MONTHLY
SUBSCRIPTION FEE (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE) ON EACH
SUBSEQUENT ANNIVERSARY DATE. FOR PURPOSES OF THIS SECTION, “ANNIVERSARY DATE”
MEANS THE DATE OF THE MONTH OR THE YEAR, DEPENDING ON YOUR SUBSCRIPTION, YOU
INITIALLY REGISTERED AS A PAID SUBSCRIBER. IF YOUR ANNIVERSARY DATE IS DATE IN
A CALENDAR MONTH WHICH DOES EXIST IN EVERY CALENDAR MONTH, THEN, IN MONTHS THAT
DO NOT HAVE THAT DATE, YOUR ANNIVERSARY DATE WILL BE THE 28TH OF EACH MONTH.
EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE CALENDAR MONTH. YOU MAY CANCEL YOUR
SUBSCRIPTION AT ANY TIME BY CONTACTING SUPPORT AT: Paul@LOCALPPR.COM LOCALPPR.COM
REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION
REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION
BENEFITS UNTIL THE END OF THE MONTH YOU CANCELED, AND YOUR SUBSCRIPTION
BENEFITS WILL EXPIRE AT THE END OF THAT MONTH.
If applicable, you agree to pay all fees or charges to your account related to
your purchase of additional products or services based on LOCALPPR.COM’s fees,
not pay on time or if LOCALPPR.COM or our payment processing partner cannot
charge your credit card or PayPal account for any reason, LOCALPPR.COM reserves
the right to either suspend or terminate your access to the Site and Services
and terminate these Terms. You are expressly agreeing that LOCALPPR.COM and/or
our payment processing partner is permitted to bill you for the applicable
fees, any applicable tax and any other charges you may incur in connection with
your use of this Site and Services and the fees will be billed to your credit
card or PayPal account, and thereafter at regular intervals for the remainder
of the term of these Terms. Unless expressly provided otherwise by LOCALPPR.COM,
if you cancel your account or Subscription at any time, you will not receive
any refund. However, even if LOCALPPR.COM’s policy for a certain service or
product allows for a refund, if LOCALPPR.COM determines that your purchase was
initiated with the intent of benefiting from the purchase and then requesting a
refund (which might be indicated by multiple refund requests), then LOCALPPR.COM
may refuse to grant you a refund under such circumstances. If you have a
balance due on any account, you agree that LOCALPPR.COM or our payment
processing partner may charge such unpaid fees to your credit card or PayPal
account or otherwise bill you for such unpaid fees. You will be liable for
paying any and all applicable sales and use taxes for the purchase of your
Subscription or any other LOCALPPR.COM products or services based on the
mailing address that you provide when you register, and you authorize LOCALPPR.COM
or our payment processing partner to charge your credit or PayPal account for
any such applicable taxes.
ALL PURCHASES OF SUBSCRIPTIONS, SERVICES AND OTHER PRODUCTS FROM LOCALPPR.COM
ARE FINAL AND NO REFUNDS ARE AVAILABLE, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR
ON OUR WEBSITE OR IF LOCALPPR.COM CANCELS YOUR ORDER.
While LOCALPPR.COM attempts to create the highest quality Services, the actual
benefits realized by customers may vary depending upon a number of variables,
including customer efforts and initiative. You agree not to initiate any
charge-back on fees you have paid to LOCALPPR.COM, unless you did not actually
receive the Services that your ordered.
If you cancel your account or Service at any time, you will not receive any
refund. However, even if LOCALPPR.COM's policy for a certain service allows for
a refund, if LOCALPPR.COM determines that your purchase was initiated with the
intent of benefiting from the purchase and then requesting a refund (which
might be indicated by multiple refund requests), then LOCALPPR.COM may refuse
to grant you a refund under such circumstances.
Electronic and Other Communications
By using the Site and/or the Services, you consent to receiving electronic
and telephone communications from or on behalf of LOCALPPR.COM. These
electronic communications may include notices about applicable fees and
charges, transactional information and other information concerning or related
to the Site and/or Services (including offers and information about new
Services). These electronic communications are part of your relationship with LOCALPPR.COM.
You agree that any notices, agreements, disclosures or other communications
that we send you electronically will satisfy any legal communication
requirements, including that such communications be in writing.
Third Party Content
Certain Materials may be provided by third party licensors and suppliers to
LOCALPPR.COM (“Third Party Content”). Such Third-Party Content is, in each
case, the copyrighted work of the creator/licensor. Unless you have permission
from the owner of the Third-Party Content, you agree to use such Third-Party
Content pursuant to the applicable licenses of such Third-Party Content. You
acknowledge and agree that you have no right to download, cache, reproduce,
modify, display (except as set forth in this paragraph), edit, alter or enhance
any of the Third-Party Content in any manner unless you have permission from
the owner of the Third-Party Content. LOCALPPR.COM DISCLAIMS ALL EXPRESS,
IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY
CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
Links to Third Party Sites
This Site and/or the Services may be linked to other web sites that are not
LOCALPPR.COM sites (collectively, “Third Party Sites”). In certain situations,
you may be transferred to a Third-Party Site through a link but it may appear
that you are still on the Site or using the Services. In any case, you
acknowledge and agree that the Third-Party Sites may have different privacy
policies, terms and conditions and/or user guides and business practices than LOCALPPR.COM,
and you further acknowledge and agree that your use of such Third-Party Sites
conditions and/or user guides. You hereby agree to comply with any and all
terms and conditions, users guide and privacy policies of any of Third-Party
Sites. LOCALPPR.COM is providing links to the Third-Party Sites to you as a
convenience, and LOCALPPR.COM does not verify, make any representations or take
responsibility for such Third-Party Sites, including, without limitation, the
truthfulness, accuracy, quality or completeness of the content, services, links
displayed and/or any other activities conducted on or through such Third-Party
Sites. Unless expressly stated on the Site or in the Services, links to Third
Party Sites should in no way be considered as or interpreted to be LOCALPPR.COM’s
endorsement of such Third-Party Site or any product or service offered through
it. YOU AGREE THAT LOCALPPR.COM WILL NOT, UNDER ANY CIRCUMSTANCES, BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES,
INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY
WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM
RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY
OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES
OF ANY THIRD PARTY.
When using this Site and/or the Services, you agree to abide by common
standards of etiquette and act in accordance with the law. For example, you
agree not to not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual
Post anything that exploits children or minors or that depicts cruelty to
Post any copyrighted or trademarked materials without the express permission
from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials,
‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of
Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load
on our infrastructure.
Alter the opinions or comments posted by others on this Site.
Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. LOCALPPR.COM
reserves the right to terminate access to your account, your ability to post to
this Site (or use the Services) with or without cause and with or without
notice, for any reason or no reason, or for any action that LOCALPPR.COM
determines is inappropriate or disruptive to the Site or Services, or to any
other user of the Site and/or Services. LOCALPPR.COM may report to law
enforcement authorities any actions that may be illegal, and any reports it
receives of such conduct. When legally required or at LOCALPPR.COM’s
discretion, LOCALPPR.COM will cooperate with law enforcement agencies in any
investigation of alleged illegal activity on the Site, the Services, or on the
You agree to indemnify and hold LOCALPPR.COM and its officers, directors,
employees, affiliates, agents, licensors, and business partners harmless from
and against any and all costs, damages, liabilities, and expenses (including
attorneys’ fees and costs of defense) LOCALPPR.COM or any other indemnified
party suffers in relation to, arising from, or for the purpose of avoiding, any
claim or demand from a third-party that your use of this Site or Services
violates any applicable law or regulation, or the copyrights, trademark rights
or other rights of any third-party.
LOCALPPR.COM and third party trademarks and service marks may or may not be
designated as such from time-to-time through the SM, TM or ® symbols. All
rights not expressly granted herein are reserved. Except as otherwise required
or limited by applicable law, any reproduction, distribution, modification,
re-transmission, or publication of any copyrighted material is strictly
prohibited without the express written consent of the copyright owner or
Intellectual Property Infringement
LOCALPPR.COM respects the intellectual property rights of others, and we
ask you to do the same. LOCALPPR.COM may, in appropriate circumstances and at
our discretion, terminate service and/or access to this Site for users who
infringe the intellectual property rights of others. If you believe that your
work is the subject of copyright infringement and/or trademark infringement and
appears on our Site or in the Services, please provide LOCALPPR.COM’s
designated agent the following information:
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 and/or trademarked work claimed to have been
infringed, or, if multiple 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 at the Site, and information reasonably sufficient to permit LOCALPPR.COM
to locate the material.
Information reasonably sufficient to permit LOCALPPR.COM to contact you as the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright and/or trademark owner,
its agent, or the law.
A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
LOCALPPR.COM’s agent for notice of claims of copyright or trademark
infringement can be reached as follows: [legal@LOCALPPR.COM.com]
Please also note that for copyright infringements under Section 512(f) of the
Copyright Act, any person who knowingly materially misrepresents that material
or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to
copyright-protected material that you provided, if such removal is pursuant to
a valid DMCA take-down notice that we have received. If you receive such notice
from us, you may provide us with a counter-notification in writing to LOCALPPR.COM
designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has
been disabled, and the location at which the material appeared before it was
removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good
faith belief that the material was removed or disabled as a result of a mistake
or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you
consent to the jurisdiction of a court for the judicial district in which your
physical address is located, or if your physical address is outside of the
United States, for any judicial district in which LOCALPPR.COM may be located,
and that you will accept service of process from the person who provided
notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
LOCALPPR.COM reserves the right, in its sole discretion, to terminate the
account or access of any user of our Site and/or Services who is the subject or
repeated DMCA or other infringement notifications.
Disclaimer of Warranties
Your use of the Site and Services is at your own risk. The Materials have
not been verified or authenticated in whole or in part by LOCALPPR.COM, and
they may include inaccuracies or typographical or other errors. LOCALPPR.COM
does not warrant the accuracy of timeliness of the Materials contained on this
Site or obtained through the Services. LOCALPPR.COM has no liability for any
errors or omissions in the Materials, whether provided by LOCALPPR.COM, our
licensors or suppliers or other users.
LOCALPPR.COM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR
STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS
SITE, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR
PRESENTED. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION
OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR THROUGH THE SERVICES IS
PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO
WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LOCALPPR.COM DOES NOT
PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE
INSTALLED ON YOUR COMPUTER.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR ANY SERVICE.
YOU UNDERSTAND THAT LOCALPPR.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE
STATEMENTS OF USERS OF THE SITE OR SERVICES. LOCALPPR.COM MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR
SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF SITE OR
SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS OR
ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE
SITE OR ANY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OR CONDUCT BUSINESS
OFFLINE OR IN PERSON.
Limitation of Liability
LOCALPPR.COM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR
DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE OR THE
SERVICES. IN NO EVENT SHALL LOCALPPR.COM BE LIABLE TO YOU FOR ANY INDIRECT,
EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) HOWEVER ARISING, EVEN IF LOCALPPR.COM KNOWS THERE IS A POSSIBILITY
OF SUCH DAMAGE.
Local Laws. LOCALPPR.COM accept Subscribers internationally. You are
responsible to adhere to your applicable local laws where you live.
If you send or transmit any communications, comments, questions, suggestions,
or related materials to LOCALPPR.COM, whether by letter, email, telephone, or
otherwise (collectively, “Feedback”), suggesting or recommending changes to the
Site, any Services or Materials, including, without limitation, new features or
functionality relating thereto, all such Feedback is, and will be treated as,
non-confidential and non-proprietary. You hereby assign all right, title, and
interest in, and LOCALPPR.COM is free to use, without any attribution or
compensation to you, any ideas, know-how, concepts, techniques, or other
intellectual property and proprietary rights contained in the Feedback, whether
or not patentable, for any purpose whatsoever, including but not limited to,
developing, manufacturing, having manufactured, licensing, marketing, and
selling, directly or indirectly, products and services using such Feedback. You
understand and agree that LOCALPPR.COM is not obligated to use, display,
reproduce, or distribute any such ideas, know-how, concepts, or techniques
contained in the Feedback, and you have no right to compel such use, display,
reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction
by contacting us via support@LOCALPPR.COM.com. This Provision facilitates the
prompt and efficient resolution of any disputes that may arise between you and LOCALPPR.COM.
Arbitration is a form of private dispute resolution in which persons with a
dispute waive their rights to file a lawsuit, to proceed in court and to a jury
trial, and instead submit their disputes to a neutral third person (or
arbitrator) for a binding decision. You have the right to opt-out of this
Provision (as explained below), which means you would retain your right to
litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you
and LOCALPPR.COM shall be resolved by binding arbitration. Arbitration replaces
the right to go to court. In the absence of this arbitration agreement, you may
otherwise have a right or opportunity to bring claims in a court, before a
judge or jury, and/or to participate in or be represented in a case filed in
court by others (including, but not limited to, class actions). Except as
otherwise provided, entering into this agreement constitutes a waiver of your
right to litigate claims and all opportunity to be heard by a judge or jury.
There is no judge or jury in arbitration, and court review of an arbitration
award is limited. The arbitrator must follow this agreement and can award the
same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “THE COMPANY” means LOCALPPR.COM and its
parents, subsidiaries, and affiliate companies, and each of their respective
officers, directors, employees, and agents. The term “Dispute” means any
dispute, claim, or controversy between you and THE COMPANY regarding any aspect
of your relationship with THE COMPANY, whether based in contract, statute,
regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or equitable theory,
and includes the validity, enforceability or scope of this Provision (with the
exception of the enforceability of the Class Action Waiver clause below).
“Dispute” is to be given the broadest possible meaning that will be enforced,
and shall include any claims against other parties relating to services or
products provided or billed to you (such as THE COMPANY’s licensors, suppliers,
dealers or third-party vendors) whenever you also assert claims against us in
the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED
ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST
OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first
give THE COMPANY an opportunity to resolve the Dispute. You must commence this
process by mailing written notification to legal@LOCALPPR.COM.com . That
written notification must include (1) your name, (2) your address, (3) a
written description of your Claim, and (4) a description of the specific relief
you seek. If THE COMPANY does not resolve the Dispute within 45 days after it
receives your written notification, you may pursue your Dispute in arbitration.
You may pursue your Dispute in a court only under the circumstances described
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or THE COMPANY may choose to pursue a
Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be
initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION
PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS
AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by
sending a written notification to legal@LOCALPPR.COM.com. Your written
notification must include (1) your name, (2) your address, and (3) a clear
statement that you do not wish to resolve disputes with THE COMPANY through
arbitration. Your decision to opt-out of this Arbitration Provision will have
no adverse effect on your relationship with THE COMPANY. Any opt-out request
received after the Opt-Out Deadline will not be valid and you must pursue your
Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above
(Pre-Arbitration Claim Resolution) either you or THE COMPANY may initiate
arbitration proceedings. The American Arbitration Association (“AAA”),
www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the
arbitration will be conducted before a single arbitrator. The arbitration shall
be commenced as an individual arbitration, and shall in no event be commenced
as a class arbitration. All issues shall be for the arbitrator to decide,
including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s
Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes
involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.
In either instance, the AAA’s Optional Rules For Emergency Measures Of
Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For
arbitration before JAMS, the JAMS Comprehensive Arbitration Rules &
Procedures and the JAMS Recommended Arbitration Discovery Protocols For
Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
This Provision governs in the event it conflicts with the applicable arbitration
rules. Under no circumstances will class action procedures or rules apply to
Because the Site, Services and these Terms concern interstate commerce, the
Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However,
the arbitrator will apply applicable substantive law consistent with the FAA
and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any
relief that would be available pursuant to applicable law, and will not have
the power to award relief to, against or for the benefit of any person who is
not a party to the proceeding. The arbitrator will make any award in writing
but need not provide a statement of reasons unless requested by a party. Such
award will be final and binding on the parties, except for any right of appeal
provided by the FAA, and may be entered in any court having jurisdiction over
the parties for purposes of enforcement.
Location of Arbitration – You or THE COMPANY may initiate arbitration in either
the State of Alabama or the federal judicial district that includes your
billing address. In the event that you select the federal judicial district
that includes your billing address, THE COMPANY may transfer the arbitration to
Alabama in the event that it agrees to pay any additional fees or costs you
incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – THE COMPANY will pay all
arbitration filing fees and arbitrator’s costs and expenses upon your written
request given prior to the commencement of the arbitration. You are responsible
for all additional fees and costs that you incur in the arbitration, including,
but not limited to, attorneys or expert witnesses. Fees and costs may be
awarded as provided pursuant to applicable law. In addition to any rights to
recover fees and costs under applicable law, if you provide notice and
negotiate in good faith with THE COMPANY as provided in the section above
titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you
are the prevailing party in the arbitration, you will be entitled to recover
reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over
any form of a class or representative proceeding or claims (such as a class
action, consolidated action or private attorney general action) unless both you
and THE COMPANY specifically agree to do so following initiation of the
arbitration. If you choose to pursue your Dispute in court by opting out of the
Arbitration Provision, as specified above, this Class Action Waiver will not
apply to you. Neither you, nor any other user of the Site or Services can be a
class representative, class member, or otherwise participate in a class,
consolidated, or representative proceeding without having complied with the
opt-out requirements above.
You understand and agree that by entering into this Agreement you and THE
COMPANY are each waiving the right to a jury trial or a trial before a judge in
a public court. In the absence of this Provision, you and THE COMPANY might
otherwise have had a right or opportunity to bring Disputes in a court, before
a judge or jury, and/or to participate or be represented in a case filed in
court by others (including class actions). Except as otherwise provided below,
those rights are waived. Other rights that you would have if you went to court,
such as the right to appeal and to certain types of discovery, may be more
limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause
above) is found to be illegal or unenforceable, that clause will be severed
from this Provision, and the remainder of this Provision will be given full
force and effect. If the Class Action Waiver clause is found to be illegal or
unenforceable, this entire Provision will be unenforceable and the Dispute will
be decided by a court.
This Provision shall survive the termination of your service with LOCALPPR.COM
or its affiliates. Notwithstanding any provision in this Agreement to the
contrary, we agree that if LOCALPPR.COM makes any change to this Provision
(other than a change to the Notice Address), you may reject any such change and
require LOCALPPR.COM to adhere to the language in this Provision if a dispute
between us arises.
LOCALPPR.COM prefers to advise you if we feel you are not complying with these
Terms and to recommend any necessary corrective action. However, certain
violations of these Terms, as determined by LOCALPPR.COM, may result in
immediate termination of your access to the Site and/or Services without prior
notice to you. The Federal Arbitration Act, Alabama state law and applicable
U.S. federal law, without regard to the choice or conflicts of law provisions,
will govern these Terms. Foreign laws do not apply. The United Nations on
Contracts for the International Sale of Goods and any laws based on the Uniform
Computer Information Transactions Act (UCITA) shall not apply to this
Agreement. Except for Disputes subject to arbitration as described above, any
disputes relating to these Terms or this Site will be heard in the courts
located in the city and State of Alabama. If any of these Terms is found to be
inconsistent with applicable law, then such term shall be interpreted to
reflect the intentions of the parties, and no other terms will be modified. LocalPPR.com
failure to enforce any of these Terms is not a waiver of such term. These Terms
are the entire agreement between you and LOCALPPR.COM and supersede all prior
or contemporaneous negotiations, discussions or agreements between you and LOCALPPR.COM
about the Site and Services. The proprietary rights, disclaimer of warranties,
representations made by you, indemnities, limitations of liability and general
provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact LOCALPPR.COM
for any reason, please contact via support@LOCALPPR.COM.com
PREDICTION MARKETING LLC. (“LOCALPPR.COM”, “WE” OR “US”). THE Policy EXPLAINS
HOW YOU ARE PERMITTED TO USE THE WEBSITE AS WELL AS ALL ASSOCIATED SITES
PROVIDED BY LOCALPPR.COM, ITS SUBSIDIARIES, AND AFFILIATED COMPANIES
(COLLECTIVELY, THE “SITE”). BY USING THIS SITE OR REGISTERING TO USE THE
SERVICES OFFERED THROUGH THE SITE (“SERVICES”), YOU ARE AGREEING TO ALL THE
TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE
USE THIS SITE, ANY SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE.
LOCALPPR.COM (“LOCALPPR.COM”, “WE” OR “US”) value your privacy. In this Privacy
Policy (“Policy”), we describe how we collect, use and disclose information
that we obtain about visitors to our website AS WELL AS ALL ASSOCIATED SITES
PROVIDED BY LOCALPPR.COM, ITS SUBSIDIARIES, AND AFFILIATED COMPANIES
(COLLECTIVELY, THE “SITE”).
By visiting the Site, or using any of our services, you agree that your
personal information will be handled as described in this Policy. Your use of
our Site or Services, and any dispute over privacy, is subject to this Policy
and our Terms Use, available HERE, including its applicable limitations on
incorporated by reference into this Policy.
The Information We Collect
We may collect information about you directly from you and from third
parties (such as those that sell our products), as well as automatically
through your use of our Site or Services.
Information We Collect Directly From You
Certain areas and features of our Site and Services may require
registration. To register you must provide your name and email. If you purchase
something, we will also request your credit, debit, and/or financial account
data, as well as billing information, including billing address. In addition,
we may collect information from you through surveys, contests and
questionnaires that we may invite you to participate in. We may also collect
information such as your phone number or other contact information, though you
are not required to provide this.
Information We Collect Automatically
We may automatically collect the following information about your use of
our Site or Services through cookies and other technologies: your domain name;
your browser type and operating system; web pages you view; links you click;
your IP address; the length of time you visit our Site and or use our Services;
and the referring URL, or the webpage that led you to our Site. We may combine
this information with other personal information that we have collected from
How We Use the Information We Collect
We use the information that we gather about you for the following purposes:
To provide our Services to you, to communicate with you about your use of our
Services, to respond to your inquiries, to fulfill your orders, and for other
customer service purposes.
To tailor the content and information that we may send or display to you, to
offer location customization, and personalized help and instructions, and to
otherwise personalize your experiences while using the Site or our Services.
To send you news and newsletters, special offers, and promotions; to otherwise
contact you about products or information we think may interest you; and for
other marketing and promotional purposes.
To better understand how users access and use our Site and Services, both on an
aggregated and individualized basis, in order to improve our Site and Services
and respond to user desires and preferences, and for other research and
How We Share the Information We Collect
We may share the information that we collect about you, including
personally identifiable information, as follows:
Affiliates. We may disclose the information we collect from you to our
affiliated companies or subsidiaries; however, if we do so, their use and
disclosure of your personally identifiable information will be subject to this
Service Providers. We may disclose the information we collect from you
to third-party vendors, service providers, contractors or agents who perform
functions on our behalf. If we do so, their use and disclosure of your
personally identifiable information will be subject to this Policy.
Business Transfers. If we are acquired by or merged with another
company, if substantially all of our assets are transferred to another company,
or as part of a bankruptcy proceeding, we may transfer the information we have
collected from you to the other company.
In Response to Legal Process. We also may disclose the information we
collect from you in order to comply with the law, a judicial proceeding, court
order, or other legal process, such as in response to a court order or a
To Protect Us and Others. We also may disclose the information we
collect from you where we believe it is necessary to investigate, prevent or
take action regarding illegal activities, suspected fraud, situations involving
or this Policy, or as evidence in litigation in which LOCALPPR.COM is involved.
Aggregate and De-Identified Information. We may share aggregate or
de-identified information about users with third parties for marketing,
research or similar purposes.
your use of our Site or Services. We may combine this information with other
personal information we collect from you.
Cookies. Cookies are alphanumeric identifiers that we transfer to your
computer’s hard drive through your web browser for record-keeping purposes. We
while you are logged into the Site, in order to help us to process your online
transactions and requests, verify your identity, track aggregate and
statistical information about user activity, and display advertising both on
our Site and App and on third-party sites. Most web browsers automatically
accept cookies, but if you prefer, you can edit your browser options to block
them in the future. The Help portion of the toolbar on most browsers will tell
you how to prevent your computer from accepting new cookies, how to have the
browser notify you when you receive a new cookie, or how to disable cookies
altogether. Visitors to our Site who disable cookies will be able to browse
certain areas of the Site, but some features may not function.
Clear GIFs. Clear GIFs (a.k.a. web beacons, web bugs or pixel tags) are
tiny graphics with a unique identifier, similar in function to cookies. In
contrast to cookies, which are stored on your computer’s hard drive, clear GIFs
are embedded invisibly on web pages. We may use clear GIFs, in connection with
our Site to, among other things, track the activities of Site visitors and App
users, help us manage content, and compile statistics about usage. We and our
third party service providers also use clear GIFs in HTML e-mails to our
customers, to help us track e-mail response rates, identify when our e-mails
are viewed, and track whether our e-mails are forwarded.
Third Party Analytics and Tracking. We use automated devices and
applications, such as Google Analytics, to evaluate usage of our Site and, to
the extent permitted, our Application. We also may use other analytic means to
evaluate our Services. We use these tools to help us improve our Services,
performance and user experiences, not to track users across our Site and third
perform their services. We do not share your personal information with these
Notice for Users. These cookies collect information about how visitors
use a website, for instance which pages visitors go to most often, and if they
get error messages from web pages. These cookies don’t collect information that
identifies a visitor. All information these cookies collect is aggregated and
therefore anonymous. It is only used to improve how a website works. By using
our online service, you agree that we can place these types of cookies on your
Third-Party Ad Networks
We may use third parties, such as network advertisers, to display
advertisements on our Site, as well as to display ads on third-party websites.
This enables us and these third parties to target advertisements by displaying
ads for products and services in which you might be interested. Third-party ad
(including clear GIFs), Flash LSOs, and other technologies to measure the
effectiveness of their ads and to personalize advertising content to you. These
third-party cookies and other technologies are governed by each third party’s
advertisers with information about your usage of our Site and our Services. We
do not share your name, email address or other personal information with these
other tracking technologies placed on our Site to automatically collect your
What about Do-Not-Track options?
Currently, our Site does not honor browser requests not to be tracked. You may,
however, opt out of many website third-party ad networks, including those
operated by members of the Network Advertising Initiative (“NAI”) and the
Digital Advertising Alliance (“DAA”). For more information regarding this
practice by NAI members and DAA members, and your choices regarding having this
information used by these companies, including how to opt out of third-party ad
networks operated by NAI and DAA members, please visit their respective
(NAI) and www.aboutads.info/choices
Opting out of one or more NAI member or DAA member networks (many of which will
be the same) only means that those members no longer will deliver targeted
content or ads to you. It does not mean you will no longer receive any targeted
content or ads on our Site or other websites. You may continue to receive
advertisements, for example, based on the particular website that you are
viewing. Also, if your browsers are configured to reject cookies when you visit
this opt-out page, or you subsequently erase your cookies, use a different
computer or change web browsers, you opt-out may no longer be effective.
Additional information is available on the NAI and DAA websites accessible by
the above links.
Your Choices about Communications and Marketing
We may send alerts and notifications, as well as periodic promotional
informational or other marketing emails to you. You may opt out of
marketing-related emails by following the opt-out instructions contained in any
marketing e-mail we send you. Please note that it may take up to 10 business
days for us to process opt-out requests. If you opt out of receiving marketing
emails, we may still send you alerts, notifications and other e-mails about your
account or any services you have requested or received from us.
LOCALPPR.COM has affiliates internationally. Your information may be stored and
processed in the United States or any other country where LOCALPPR.COM and/or its
affiliates are located; by submitting your information though our website, you
agree to such transfers.
We have implemented commercially reasonable precautions to protect the
information we collect from loss, misuse, and unauthorized access, disclosure,
alteration, and destruction. Please be aware that despite our best efforts, no
data security measures can guarantee 100% security. You should take steps to
protect against unauthorized access to your password, phone, and computer by,
among other things, signing off after using a shared computer, choosing a
robust password that nobody else knows or can easily guess, and keeping your
log-in and password private. We are not responsible for any lost, stolen, or
compromised passwords or for any activity on your account via unauthorized
Changes to this Policy
This Policy is effective as of the Effective Date above and is subject to
our website at https://localppr.com/
If you have questions or concerns about the privacy aspects of our Services
or would like to make a complaint, please contact us at Paul@LocalPPR.com