Directory Terms of Use

1. ACCEPTANCE OF TERMS

LocalZ Directory and Marketplace provides a collection of online resources, including classified ads, forums, catalogs, and various email services available on or through LocalZ (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular LocalZ services, you agree to abide by any applicable posted guidelines for all LocalZ services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

LocalZ reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to LocalZ in its sole discretion. Although LocalZ attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against LocalZ for failing to adequately screen potential users or prevent the use of LocalZ or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.

4. CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of LocalZ to post content, or if you imply consent that LocalZ may post content on your behalf, either by written or oral means, or you fail to inform LocalZ that content should be removed, you are equally responsible for the content. You waive any and all claims against LocalZ of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on LocalZ. You understand that LocalZ does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, LocalZ and Content available through the Service may contain links to other websites, which are completely independent of LocalZ. LocalZ makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will LocalZ be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that LocalZ does not pre-screen or approve Content, but that LocalZ shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

5. THIRD PARTY CONTENT, SITES, AND SERVICES

LocalZ and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of LocalZ, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for LocalZ to verify information provided by the seller of any item.

You agree that LocalZ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that LocalZ is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release LocalZ, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to LocalZ’s agent for notice of claims of copyright or other intellectual property infringement:

by email:

[email protected]

Please include the following with your Notice to our Abuse Agent:

The identity of the material on LocalZ that you claim is infringing, in sufficient detail so that we may locate it on the website;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your address, telephone number, and email address;

A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and

Your physical or electronic signature.

7. PRIVACY AND INFORMATION DISCLOSURE

LocalZ may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by LocalZ’s Privacy Policy.

8. CONDUCT

You agree not to post, email, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  • that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  • that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
  • with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
  • that impersonates any person or entity, including, but not limited to, a LocalZ employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation if: posted in areas of LocalZ which are not designated for such purposes;
  • or emailed to LocalZ users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
  • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
  • or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted;
  • “stalk” or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by LocalZ;
  • post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • post the same item or service in more than one classified category or forum;
  • attempt to gain unauthorized access to LocalZ’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or LocalZ;
  • or use any form of automated device or computer program that enables the submission of Content on LocalZ without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

9. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on LocalZ’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from LocalZ. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from LocalZ.

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to LocalZ email addresses or through LocalZ computer systems is expressly prohibited by these TOU. Any unauthorized use of LocalZ computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.  Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

12. LIMITATIONS ON SERVICE

You acknowledge that LocalZ may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that LocalZ has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that LocalZ reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that LocalZ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. ACCESS TO THE SERVICE

LocalZ grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by LocalZ. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

LocalZ does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by LocalZ to do so. You may create a hyperlink to the home page of LocalZ, so long as the link does not portray LocalZ, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

LocalZ may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. LocalZ permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “LocalZ” as the source, (d) your use or display does not suggest that LocalZ promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden LocalZ’s systems. LocalZ reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by LocalZ immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from LocalZ that has been signed by one of LocalZ’s authorized representatives.

14. TERMINATION OF SERVICE

You agree that LocalZ, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if LocalZ believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that LocalZ shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

15. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of LocalZ. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of LocalZ, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. LocalZ, as well as certain other of the names, logos, and materials displayed on LocalZ, constitute trademarks, trade names, service marks or logos (“Marks”) of LocalZ or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with LocalZ or those other entities.

Although LocalZ does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to LocalZ an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant LocalZ all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF LOCALZ AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. LOCALZ AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALZ DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF LOCALZ AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALZ DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON LOCALZ  OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON LOCALZ OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALZ DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH LOCALZ OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCALZ, LOCALZ OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LOCALZ BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOCALZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF LOCALZ OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF LOCALZ OR THE SERVICE, FROM INABILITY TO USE LOCALZ OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF LOCALZ OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH LOCALZ OR THE SERVICE OR ANY LINKS ON LOCALZ OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH LOCALZ OR THE SERVICE OR ANY LINKS ON LOCALZ. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

18. INDEMNITY

You agree to indemnify and hold LocalZ, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

  1. CHOICE OF LAW:  JURISDICTION

These Terms of Use and your use of this Website Service shall be governed by and construed under the laws of the State of Texas without regard to choice of law principles. Unless otherwise agreed to in writing, the federal and state courts located in the State of Texas shall be the exclusive jurisdiction for any action brought against LocalZ Directory and Marketplace (Feel Good Marketing, LLC) and any affiliate companies in connection with these Terms of Use or use of the Website Service. You irrevocably consent to the jurisdiction and venue of the federal and state courts located in the State of Texas for any action brought against you in connection with these Terms of Use or use of the Website Service if the action against you later involves LocalZ Directory and Marketplace (Feel Good Marketing, LLC). Any and All Disputes that may involve LocalZ Directory and Marketplace (Feel Good Marketing, LLC) will be settled in the State of Texas and be covered under Texas Law.  Mediation in the State of Texas under Texas law will be the preferred means of settlement.

  1. ADDITIONAL LEGAL DISCLOSURES

Arbitration All disputes, claims and controversies between current or former Members and / or Users and LocalZ Directory and Marketplace (Feel Good Marketing, LLC) shall be settled totally and finally by arbitration in Bryan, Texas, or such other location as LocalZ Directory and Marketplace (Feel Good Marketing, LLC) prescribes, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. There shall be one arbitrator who shall be an attorney who shall have expertise in business law transactions, and preferably an attorney knowledgeable in the internet marketing industry. LocalZ Directory and Marketplace (Feel Good Marketing, LLC) shall select the arbitrator at its sole discretion from the panel which the American Arbitration Association provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. If aforementioned Member and / or User files a claim or counterclaim against LocalZ Directory and Marketplace (Feel Good Marketing, LLC), a Member and / or User shall do so on an individual basis and not with any other Member and / or User or as part of a class action. The arbitrator shall have the right in his or her discretion to authorize the obtaining of discovery, including the taking of depositions of witnesses for the purpose of discovery. The presentations of parties in the arbitration proceeding shall be commenced and completed within sixty (60) days after the selection of the arbitrator and the arbitrator shall render his or her decision in writing within thirty (30) days after the completion of such presentations. The decision of the arbitrator shall be final and binding on the parties and may, if need be, be reduced to a judgment in any court of competent jurisdiction. At the request of any party, the arbitrator shall make and provide to the parties written findings of fact and conclusions of law. This agreement to arbitrate shall survive any termination or expiration of the Membership terms or terms of understanding for Users. Nothing in this provision shall prevent LocalZ Directory and Marketplace (Feel Good Marketing, LLC) from terminating a Membership, barring a User, or from applying to and obtaining from any court having jurisdiction, an injunctive or emergency relief prior to the filing of or during or following any arbitration proceeding or pending the handing down of a decision or award in connection with any arbitration or other proceeding. The adoption and / or modification of this arbitration provision shall not apply retroactively to any dispute which arose, or which LocalZ Directory and Marketplace (Feel Good Marketing, LLC) had notice of before the date of the adoption or modification.

21. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and LocalZ and governs your use of the Service, superseding any prior agreement between you and LocalZ. The failure of LocalZ to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to [email protected] .

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for LocalZ to pursue legal action to enforce the TOU, you will be liable to pay LocalZ the following amounts as liquidated damages, which you accept as reasonable estimates of LocalZ’s damages for the specified breaches of the TOU:

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay LocalZ one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

If LocalZ establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay LocalZ one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access LocalZ in excess of such limits, whichever is higher.

If you send unsolicited email advertisements to LocalZ email addresses or through LocalZ computer systems, you agree to pay LocalZ twenty five dollars ($25) for each such email.

If you post Content in violation of the TOU, other than as described above, you agree to pay LocalZ one hundred dollars ($100) for each item of Content posted. In its sole discretion, LocalZ may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay LocalZ one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay LocalZ an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without LocalZ’s express written permission, you agree to pay LocalZ three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, LocalZ retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

23. FEEDBACK

We welcome your questions and comments. Please send them to [email protected] .

24. TERMS OF USE FOR ALL SERVICES

LocalZ offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.

As a condition to your use of the Programs and as material inducement on the part of LocalZ and its Affiliates to offer the Programs, you expressly acknowledge and agree that:

Use of the Programs are at your sole risk. LocalZ and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

  • For Consumers:
  • a) the Programs
  • b) the Business or Professional
  • c) the Services to be performed by any Professional.
    • a) your use of the Programs
    • b) the engagement by you of any Business or Professional
    • c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
    • d) any other matter relating to the Programs.

– In no event will LocalZ’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.

– LocalZ and its Affiliates do not provide, nor will they provide, any service to or for you, nor is LocalZ and its Affiliates a party to any agreement which you may enter into with a Business or Professional. If you engage the services of any Business or Professional, all arrangements in such regard are solely between you and the concerned Business or Professional.

– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

For Businesses and Professionals:

  1. a) the Programs
  2. b) the Consumers
  3. c) the agreement between you and the Consumer.

LocalZ, its Officers, Directors, Members and Employees, as well as LocalZ Community Affiliates (LCA), shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

  1. a) your use of the Programs
  2. b) the engagement of you by any Consumer
  3. c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like
  4. d) any other matter relating to the Programs.

– In no event will LocalZ’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.

– LocalZ and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.

– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: [email protected] 

LocalZ, its Officers, Directors, Members and Employees, as well as LocalZ Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to: Your use of the service, any inability to use the service, any transactions conducted through or facilitated by the service, any claim attributable to errors, omissions, or other inaccuracies in the service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the service, or any other matter relating to the service.

25. BRAND AGREEMENT

Legal Disclaimer: By logging in to your LocalZ account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and LocalZ. (“LocalZ”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to LocalZ the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on LocalZ and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website LocalZ at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but LocalZ retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for LocalZ to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my LocalZ account with any updates to the Content necessary to keep such Content accurate and representative of my products. LocalZ and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

3) Fees:

(a) Membership: Price as stated on LocalZ at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the annual billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.

4) Length of Contract: This Agreement is valid up to and until I cancel my account.

5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, LocalZ may attempt to contact me to determine updated account information. LocalZ will wait thirty (30) days before canceling my membership.

6) Termination: I may request termination of this agreement at any time.  Termination will take effect upon the end of the last day of my billing cycle.  LocalZ may terminate this agreement at will.  In the event LocalZ terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.

  1. TERMS APPLICABLE TO ATTORNEY LISTINGS
  • LocalZ is not a law firm or a lawyer referral service. As such, LocalZ offers no legal advice, recommendations, mediation or counseling in connection with any legal matter, under any circumstances, and nothing we do and no element of the Site, Directory Service or other LocalZ Offerings should be construed as such. You should always check with your attorney, accountant and/or other advisors to be sure that any legal advice, law-related Third Party Offerings, law-related Site Content or other legal products and/or services available by and through the LocalZ Offerings (collectively, “Legal Services”) is/are appropriate for you.
  • The Site provides paid attorney advertising to those attorneys that are registered as Third Party Service Providers (“Third Party Legal Professionals”). Some of the Third Party Legal Professionals that are accessible by and through the Directory Service pay a fee for inclusion in the Directory Service. LocalZ does not receive any portion of any Third Party Legal Professional’s fees.
  • Any use of the Directory Service by Site Users is not intended to, and will not create, an attorney-client relationship between any such Site Users and LocalZ. Without limiting the foregoing, any information submitted to LocalZ and/or any electronic or other communication sent to LocalZ will not create, or be covered by, an attorney-client relationship between Site Users and LocalZ or any Third Party Legal Professionals.
  • The Site facilitates communication between Third Party Legal Professionals and potential users of associated Legal Services. LocalZ does not guarantee that Site Users will successfully find legal representation through the Directory Service. The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise or cost offered by any Third Party Legal Professional.
  • LocalZ does not review the standing of any Third Party Legal Professionals with any regulatory authority or bar association. Therefore, LocalZ makes no representation regarding the status, standing or ability of any Third Party Legal Professional. When considering retaining a Third Party Legal Professional, Site Users should ask for free background information from that Third Party Legal Professional and check that Third Party Legal Professional’s standing with the applicable state bar association. LocalZ is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by any Third Party Legal Professionals that are accessible through the Directory Service. Please be aware that no agency or board may have certified such Third Party Legal Professional as a specialist or expert in any indicated field of law practice. In addition, a Third Party Legal Professional claiming specialization is not necessarily any more expert or competent than other legal professionals. Site Users should make an independent investigation, confirm and verify all claims made by Third Party Legal Professionals. Site Users are encouraged to use caution when reviewing any information submitted by Third Party Legal Professionals. Except where otherwise indicated, the Third Party Legal Professionals are not certified by the Florida State Bar Board of Legal Specialization and Education, the Texas State Board of Legal Specialization (“Not Certified by the Texas Board of Legal Specialization”), or any other entity or body.
  • Laws vary across legal jurisdictions and may be subject to interpretation by different courts. Laws are also very specific to individual facts and circumstances, and the law-related Site Content may not fit your particular circumstance. The law-related Site Content is provided for informational purposes only, and may not reflect current legal developments or variances in the law of different jurisdictions. The law-related Site Content does not necessarily reflect the opinions of any Third Party Legal Professionals, their partners, clients or affiliates.
  • Certain Listings and other law-related Site Content may include descriptions of successful lawsuits brought by Third Party Legal Professionals. These descriptions are not meant to create any unjustified expectations that similar results can be obtained for others, because each case is determined on its own specific factual and legal circumstances. No Third Party Legal Professional can guarantee the success of a case, and past successes, even in very similar lawsuits, do not mean that success in a subsequent case is guaranteed or even likely. Results depend upon a variety of factors unique to each case.

ADDITIONAL STATE SPECIFIC DISCLOSURES:

Alabama

No representation is made that the quality of the Legal Services to be performed by the Third Party Legal Professionals is greater than the quality of legal services performed by other attorneys.

Alaska

The Alaska Bar Association does not accredit or endorse certifying organizations.

Florida

LocalZ operates as a “Lawyer Directory” as defined under Florida Rule 4-7.23.

Hawaii

There is no procedure for review or approval of specialist certification organizations in Hawaii.

Illinois

The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and such a certificate, award or recognition is not a requirement to practice law in Illinois.

Iowa

Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a Third Party Legal Professional is a specialist or expert in a field of law, nor do they mean that such Third Party Legal Professional is necessarily any more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such Third Party Legal Professional as a specialist or expert in an indicated field of law practice, nor does it mean that such Third Party Legal Professional is necessarily any more expert or competent than any other lawyer.

Kentucky

THIS IS AN ADVERTISEMENT.

Massachusetts

If a Massachusetts Third Party Legal Professional holds himself or herself out as “certified” in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.

Mississippi

Free background information is available upon request for any Mississippi Third Party Legal Professional. The listing of any area of practice by a Mississippi Third Party Legal Professional does not indicate any certification of expertise therein.

Missouri

Neither the Supreme Court of Missouri, nor the Missouri Bar, reviews or approves certifying organizations or specialist designations.

Nevada

Neither the State Bar of Nevada, nor any agency of the State Bar, has certified any Third Party Legal Professional identified here as a specialist or as an expert.

New Jersey

Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of the State of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of the State of New Jersey and the American Bar Association.

New Mexico

Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the Third Party Legal Professional is also recognized by the Board as a specialist in that area of law.

New York

Prior results obtained by Third Party Legal Professionals do not guarantee a similar outcome.

Rhode Island

The Rhode Island Supreme Court does not license or certify any Third Party Legal Professional as an expert or specialist in any field of practice.

Tennessee

Unless otherwise indicated, Tennessee Third Party Legal Professionals are not certified as specialists by the Tennessee Commission on Continuing Legal Education and Specialization in the areas of practice listed on their Listings.

Texas

Unless otherwise indicated, Texas Third Party Legal Professionals are Not Certified by the Texas Board of Legal Specialization in the areas of practice listed on their Listings.

Washington

The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any certificate, award or recognition by a group, organization or association used by a Washington Third Party Legal Professional to describe his or her qualifications as a lawyer or qualifications in any subspecialty of law is not a requirement to practice law in the State of Washington.

Wyoming

The Wyoming State Bar does not certify any Third Party Legal Professional as a specialist or expert.

End Agreement.