Effective Date: May 1, 2014
You Are Bound By These Terms.
By accessing or using the Web Site or the Content and Materials, you acknowledge and agree that you, and/or any other persons or entities with which you are affiliated, have read, understand and agree to be bound by these terms. If you do not so acknowledge and agree, then you do not have the right to access the Web Site or the Content and Materials.
LOCALJAW has the right to modify, discontinue or terminate the Web Site and/or Content and Materials at any time, with or without notice. LOCALJAW has the right to modify these Terms at any time with or without notice. By accessing and using the Web Site and Content and Materials, you expressly agree to the version of these Terms and any modifications thereto as they exist at the time of any potential dispute. You further agree that by using the Web Site and Content and Materials that LOCALJAW has the right to select the version of the Terms that will apply in the event of a dispute, in the event multiple versions of these Terms were in place during the period of your accessing and use of the Web Site and Content and Materials. LOCALJAW may or may not, at LOCALJAW’s sole discretion, note an Effective Date” at the top of these Terms. If you continue to use and access the Web Site and Content and Materials after these Terms have been modified, that access and use indicates your agreement to the modified Terms. If you do not agree with any modified Terms, you have no other recourse or remedy other than to cease using the Web Site and Content and Materials.
The Web Site, Content and Materials are protected by U.S. federal and state trademark, copyright and other U.S. and foreign laws, and are owned or licensed by LOCALJAW. You are not authorized to remove, alter, copy, obscure or impair any trademark, copyright, service mark, or any portion of the Web Site, Content and Materials without express written permission from LOCALJAW. LOCALJAW grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view the Web Site, Content and Materials solely for non-commercial purposes, so long as you comply with these Terms. You agree not to use the Web Site, Content and Materials in any way contrary to the spirit and intent of these Terms. You understand and agree that you are not licensed to use any of LOCALJAW’s or its licensee’s trademarks, copyrights, service marks or any other intellectual property rights outside of the rights granted herein.
Collection and Use of Personal Information.
You agree not to:
Use the Web Site, Content and Materials in a manner inconsistent with the spirit and intent of these Terms.
Infringe upon any of LOCALJAW’s intellectual property rights.
Misuse the computer and technical delivery systems of LOCALJAW or its providers.
Tamper with, breach or attempt to breach any LOCALJAW security or authentication measures.
Tamper and/or interfere with the Web Site, Content and Materials or delivery of such, including sending a virus, overloading, flooding, spamming, or mail-bombing the Web Site.
Use or access the Web Site, Content and Materials in a manner that violates any law or regulation or use the Web Site, Content and Materials for an illegal or unauthorized purpose.
LOCALJAW will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. LOCALJAW may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that LOCALJAW has no obligation to monitor your access to or use of the Site, Materials or Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. LOCALJAW reserves the right, at any time and without prior notice, to remove or disable access to the Site, Services, or any Content at its sole discretion.
LOCALJAW’s Web Site may link to other web sites from time to time. If you click on a link to a third parties’ web site, you understand and agree that LOCALJAW makes no representations about, is not responsible for and has no liability concerning the availability such websites; the accuracy of such web sites; or any other statements, content, representations, content, or anything else on any third party web site. LOCALJAW is not endorsing any third party simply because the Web Site, Content and Materials may link to a third-party web site. If you click on a link to a third-party web site, you understand and agree that you are solely responsible for your actions in clicking on the link, and that you assume any and all risk arising out of your access and use of such third party web sites.
Breach of Terms.
LOCALJAW reserves the right, at its sole discretion at any time without notice, to disable or suspend your access and use of the Web Site, Content and Materials with or without cause. LOCALJAW reserves the right, at its sole discretion at any time without notice, to disable or suspend your access and use of the Web Site, Content and Materials if LOCALJAW determines you have breached these Terms.
Warranties, Indemnities and Disclaimers.
The Web Site, Content and Materials are provided “AS IS,” without warranty of any kind, either express or implied. Without limiting the foregoing, LOCALJAW explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. LOCALJAW makes no warranty that the Web Site, Materials and Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. LOCALJAW makes no warranty regarding the Web Site, Materials and Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site or services. No information, whether oral or written, obtained from LOCALJAW or through the web site, content and materials, will create any warranty not expressly made herein.
You agree to defend, indemnify, and hold LOCALJAW, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your unauthorized access to or misuse of the Web Site, Materials and Content, and/or your violation of these Terms.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Web Site, Content and Materials remains with you. Neither LOCALJAW nor any other party involved in creating, producing, or delivering the Web Site, Content and Materials will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, materials or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LOCALJAW has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You understand and agree that LOCALJAW’s total liability arising out of or in connection with these Terms or from your use or your inability to use the Web Site, Content and Materials shall not ever exceed seven dollars ($7.00USD), under any circumstances. You understand that the these damages limitations are the foundational aspects of the bargain between you and LOCALJAW, and that you would not be permitted to use and access the Web Site, Materials and Content without agreeing to such limitations. If your jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Governing Law, Integration, Assignment, Waiver, Other.
You expressly agree that any dispute between you and LOCALJAW arising out of or relating to your use or access of the Web Site, Content and Materials and/or these Terms will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You expressly agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Middle District of Florida and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You agree that these Terms constitute the entire and exclusive understanding and agreement between LOCALJAW and you regarding the Web Site, Content and Materials. To the extent that any other written or oral agreements or understandings exist, you agree that these Terms supersede and control.
Without express written consent from LOCALJAW, which shall not be unreasonably withheld, you shall not assign your obligations and duties under these Terms, and that any purported assignment shall have no cause or effect. Conversely, LOCALJAW has the right to transfer or assign its rights, duties, and/or obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms are binding on you and LOCALJAW and will inure to the benefit the parties’ successors and permitted assigns.
LOCALJAW will give any notice or other communication permitted or required hereunder by posting such notice or communication to the Web Site.
The failure to exercise any right or provision in these Terms will not waive prior or subsequent rights. All waivers must be contained in writing signed only by a duly appointed officer or director of Local Jaw LLC. If either party exercises any of its remedies hereunder, such exercise shall be without prejudice any other remedies that party may have.
If a court finds any provision of these Terms invalid or unenforceable, the remainder of the Terms will remain intact.