Localyte's Terms of Use Agreement

By using the Localyte.com web site ("Localyte"), a service of Localyte, Inc., you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"). You must accept all of the terms and conditions contained in the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on Localyte before you may become a member of Localyte and if you do not accept all of these terms and conditions, do you use any of the services provided or described herein. Your use of any Localyte services shall constitute assent to these Terms of Use.

General Terms

  1. You must be 18 years and older to use this site. You are responsible for any activity that occurs under your username.
  2. You are responsible for keeping your password secure.
  3. You must not abuse, harass, threaten, impersonate or intimidate other Localyte users.
  4. You may not use the Localyte service for any illegal or unauthorized purpose. Users agree to comply with all applicable laws regarding online conduct and acceptable content.
  5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you submit, post and display on the Localyte service.
  6. You must not modify, adapt or hack Localyte.com or modify another website so as to falsely imply that it is associated with Localyte.
  7. You must not create or submit unwanted email or Conversations ("Convos") to any Localyte members ("Spam").
  8. You must not transmit any worms or viruses or any code of a destructive nature.
  9. You must not, in the use of Localyte, violate any applicable laws.

Violation of any of these agreements will result in the termination of your Localyte account. While Localyte prohibits such conduct and content on its site, you understand and agree that Localyte is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials. Your use of the Localyte service is at your own risk.

General Conditions

Localyte may provide You with notices, including those regarding changes to the Terms of Use by email, regular mail or postings on Localyte. Your continued use of the access or use of Localyte after communicating that these Terms of Use have been changed will be considered your assent to any such changes. The Terms of Use is effective upon acceptance in registration for new registering users.

Membership Eligibility

Localyte's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Localyte's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Localyte members. If you are under the age of 18, you may not use this service. If you do not qualify, please do not use Localyte. Further, your Localyte account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Localyte is a Venue

Localyte is not involved in the actual transaction between travelers and service providers. As a result, Localyte has no control over the quality, safety or legality of the services advertised, the truth or accuracy of the listings, the ability of service providers to sell services or the ability of travelers to pay for services. Localyte cannot ensure that a traveler or service provider will actually complete a transaction. Localyte is not involved and does not control the provision of services from the seller to the buyer, or the payment for such services from buyer to seller.

Identity Verification

Localyte cannot and does not confirm each user's purported identity. However, Localyte has established a user-initiated feedback system to help you evaluate the person with whom you are dealing. Localyte also encourages you to communicate directly with potential transaction partners through the tools available on Localyte. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release

Because Localyte is a venue, in the event that you have a dispute with one or more users, you release Localyte (and Localyte's officers, directors, agents, owners, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with or related to such disputes.

Information Control

Localyte does not verify, monitor, edit, or otherwise control the information provided by other users that is made available through the service. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using Localyte. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Localyte, you accept such risks and agree that Localyte (and our officers, directors, agents, owners, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Localyte.

Listing and Selling

Listing Description: You must be legally able to sell the service(s) you list on the Site. You must describe your service and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that service. All listed services must be listed in an appropriate category. Each listing must accurately and completely describe the service/services for sale in that listing.

Termination: Without limiting any other remedies, Localyte, without notice, may suspend or terminate your account if Localyte suspects, in its sole discretion, that you) have violated these Terms of Use, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Localyte.

Prohibited, Questionable and Infringing Services

"Your Activities" include, for example, listing services, posting comments in any public message area (including the Forums or the feedback area), Convos, and email.

Restricted Activities: Your Content (or any services listed) on Localyte shall not:

(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen services;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) be defamatory, libelous, threatening or harassing;
(f) be obscene or contain child pornography;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
(i) link directly or indirectly to or include descriptions of services that:

(aa) are prohibited under this Agreement, the Privacy Policy,
(bb) you do not have a right to link to or include.

License: To enable Localyte to use the Content you supply us with, so that Localyte is not violating any rights you might have in your Content, you agree to grant Localyte a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your Content, in any media now known or not currently known, with respect to your Content.

Access and Interference

Localyte may contain robot exclusion headers. Much of the information on Localyte is updated on a real time basis and is proprietary or is licensed to Localyte by Localyte's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Localyte for any purpose without our prior express written permission. Additionally, you agree that you will not:

(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your Content), from the Site without the prior expressed written permission of Localyte and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Localyte.

Feedback

Integrity: You may not take any actions that may undermine the integrity of the feedback system. Localyte may, without prior notice, limit the number of listings, which you may place on Localyte based upon the level of your feedback. If you earn a low feedback rating, your account will automatically be flagged for staff review, at which time your membership may be terminated or suspended, and you may be unable to list.

Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Localyte. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Localyte users, you agree that you shall not market or export your Localyte feedback rating in any venue other than Localyte or a Localyte affiliated website.

Import: Localyte does not provide you with the technical ability to import feedback from other (non-Localyte operated) websites to Localyte because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

Breach

Without limiting other remedies available, Localyte may, without prior notice, limit your activity, immediately remove your service listings, warn Localyte's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:

(a) you breach this Agreement, the Privacy Policy, or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Localyte is unable to verify or authenticate any of Your Information; or
(c) Localyte believes that your actions may cause financial loss or legal liability for Localyte's users or Localyte.

Privacy

Please see Localyte's Privacy Policy. If you object to Localyte's privacy practices as described in the Privacy Policy, please do not use Localyte's services.

No Warranty

LOCALYTE, LOCALYTE'S OWNERS AND SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE LOCALYTE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LOCALYTE, LOCALYTE'S OWNERS AND SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): LOCALYTE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR WEB-SITE LINKED TO THE SITE OR OTHERWISE IN CONNECTION WITH THE SERVICES. Neither Localyte nor its parent company will be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Localyte's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Localyte.

Liability Limit

IN NO EVENT SHALL LOCALYTE, OR LOCALYTE'S OWNERS OR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

LOCALYTE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LOCALYTE'S OWNERS OR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO LOCALYTE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD LOCALYTE AND (AS APPLICABLE) LOCALYTE'S OWNERS AND SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY ACT OR OMISSION BY YOU RELATED TO YOUR USE OF THE LOCALYTE SERVICE, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Copyright Complaint Policy

Infringement Notification: If you believe in good faith that materials hosted by Localyte infringe your copyright, please contact us and provide the written information requested below. The procedure outlined below is exclusively for notifying Localyte that your copyrighted material has been infringed.

Please provide the following information in the following format:

You should consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.

Localyte will review and appropriately address all notices that comply with the requirements above.

Notices

Except as explicitly stated otherwise, any notices shall be given to the email address you provide to Localyte during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Localyte may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Localyte during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Disputes

Localyte's goal is to make you happy. In the event a dispute arises between you and Localyte, please contact us and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Miscellaneous

You and Localyte are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by You except with Company's prior written consent. Company may freely assign these Terms of Service. These Terms of Service shall be governed by and construed in accordance with the laws of the state of Illinois without regard to the conflict of laws provisions thereof. You agree that all claims you may have against Company arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Chicago, IL. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. Both parties agree that these Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service.