Terms & Conditions
Terms and Conditions Last Updated: January 01, 2020
You agree, without limitation or qualification, to be bound by the terms of the Agreement in its entirety when you: (a) access the Site; (b) utilize the ™ search directory ("Directory Service") in order to obtain search listings and related information (collectively, "Listings") regarding a variety of businesses, professionals, venues, products and/or services (collectively, "Third Party Offerings") as offered and provided by the third party business entities and professionals featured on the Site (collectively, "Third Party Service Providers"); (c) access articles, discussions and feedback on the ™ Home Expert Network and/or ™ Legal Resource Network (collectively, "Resource Network") and/or access other content on the Site (collectively, "Content"); (d) utilize the Site's many interactive features designed to facilitate interaction between you, ™, the "Contributors," "Expert Panelists," "Members" and "Ongoing Contributors" (collectively, "Network Participants") participating in the Resource Network and other Site users including, but not limited to, blogs, comment sections, reviews and question and answer options located in designated areas of the Site ("Interactive Services"); (e) register to submit a free Listing of your Third Party Offerings; (f) register for enhanced services ("Paid Advertiser Services") in connection with promoting your Third Party Offerings as an "Advertiser"; (g) participate in the ™ Rewards Program ("Rewards Program"); and/or (h) access links to our social media pages on third party social media websites, such as Facebook®, Instagram®, LinkedIn® and Twitter® ("Social Media Pages," and together with the Site, Directory Services, Listings, Resource Network, Content, Interactive Services, Paid Advertiser Services, Rewards Program and Social Media Pages, the "™ Offerings").
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE ™ OFFERINGS IN ANY MANNER OR FORM.
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST ™, AS WELL AS ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, RELATED PARTIES, NETWORK PARTICIPANTS AND THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION CONTAINED HEREIN. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
You understand and agree that ™ shall not be liable to you, any other Site User (as defined below) or any third party for any claim in connection with your use of, or inability to use, the ™ Offerings. ™ disclaims any and all liability for any loss, damage, or injury based on Site Content, Third Party Offerings or other products, services and information directly or indirectly obtained through the ™ Offerings. You understand and agree that ™ is not responsible or liable in any manner whatsoever for any dispute between you and any Site User.
Instagram® and Facebook® are registered trademarks of Facebook, Inc. ("Facebook"). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that ™ is not in any way affiliated with Facebook, LinkedIn or Twitter, and the ™ Offerings are not endorsed, administered or sponsored by any of the aforementioned entities.
- Scope/Modification of Agreement.The Agreement constitutes the entire and only agreement between you and ™ with respect to your use of the ™ Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the ™ Offerings. By your continued use of the ™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the ™ Offerings shall be subject to the Agreement. If ™ terminates the Agreement for any reason, ™ shall have no liability or responsibility to you. You understand and agree that refusal to use the ™ Offerings is your sole right and remedy with respect to any dispute with ™. The Agreement only governs your use of the ™ Offerings.
- Non-Endorsement: Site Content and Site Users.
- ™ does not sponsor, recommend or endorse: (i) any Third Party Service Providers (including Advertisers) that are accessible by and through the Directory Service and/or Interactive Services; and/or (ii) any Network Participants that are accessible by and through the Resource Network and/or Interactive Services; and/or (iii) any Site visitors ("Visitors") that are accessible by and through the Resource Network and/or Interactive Services. The Site facilitates communication between Third Party Service Providers, Network Participants, Visitors and potential users of associated Third Party Offerings. Some of the Third Party Service Providers that are accessible by and through the Directory Service pay a fee for inclusion in the Directory Service.
- The ™ Offerings contain comments, opinions, statements, feedback and other content (collectively, "Feedback"), Listings, Content, Network Articles (as defined below), advertisements, responses, statements, promises and other information (collectively, "Site Content") that is provided directly by Third Party Service Providers, Network Participants, Visitors and any other parties that use the Site (collectively, "Site Users"). You agree that ™ shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. ™ does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Please use caution and common sense when using the Site and Directory Service. ™ in no way endorses the Site Content made available by Site Users through the Interactive Services, Directory Service, Resource Network and/or any other ™ Offerings. The Site Content and other information submitted or made available by Site Users is not verified or reviewed in any way before it appears on the Site or otherwise through the ™ Offerings. ™ does not warrant the validity or accuracy of any such Site Content. Each Site User shall be solely responsible for the Site Content posted by and through the ™ Offerings. ™ reserves the right to prohibit any conduct by Site Users or remove any Site Content from the ™ Offerings at any time and for any reason, in ™'s sole discretion. The reasons for removal may include where ™ believes that the Site Content posted by a Site User is unsuitable for the ™ Offerings for any reason including, without limitation, where: (i) the Site Content contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) the Site Content contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) ™ believes that a Site User is, at any time, conducting any commercial activity by and through the Site; and/or (iv) ™ believes that a Site User is in violation of the Agreement including, without limitation, Section 12 below.
- ™ does not involve itself in the agreements arrived at by and between Visitors and Third Party Service Providers, or in the actual provision of Third Party Offerings in connection with the relationships created thereby. Therefore, ™ does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Visitors or Third Party Service Providers. Visitors, and not ™, are solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Service Providers that such Visitors contact via the Directory Service.
- Terms Applicable to Attorney Listings.
- ™ is not a law firm or a lawyer referral service. As such, ™ 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 ™ 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 ™ 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. ™ 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 ™. Without limiting the foregoing, any information submitted to ™ and/or any electronic or other communication sent to ™ will not create, or be covered by, an attorney-client relationship between Site Users and ™ or any Third Party Legal Professionals.
- The Site facilitates communication between Third Party Legal Professionals and potential users of associated Legal Services. ™ 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.
- ™ does not review the standing of any Third Party Legal Professionals with any regulatory authority or bar association. Therefore, ™ 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. ™ 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:
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.
The Alaska Bar Association does not accredit or endorse certifying organizations.
™ operates as a "Lawyer Directory" as defined under Florida Rule 4-7.23.
There is no procedure for review or approval of specialist certification organizations in Hawaii.
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.
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.
THIS IS AN ADVERTISEMENT.
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.
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.
Neither the Supreme Court of Missouri, nor the Missouri Bar, reviews or approves certifying organizations or specialist designations.
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.
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.
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.
Prior results obtained by Third Party Legal Professionals do not guarantee a similar outcome.
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.
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.
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.
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.
The Wyoming State Bar does not certify any Third Party Legal Professional as a specialist or expert.
- Requirements.The ™ Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The ™ Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction), you do not have permission to use and/or access the ™ Offerings.
- Content.Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other ™ Offerings. The Content is compiled, distributed and displayed by ™, as well as various third-party content providers including, without limitation, Third Party Service Providers, Visitors and Network Participants ("Third-Party Providers"). ™ does not control the Content provided by Third-Party Providers that is made available by and through the ™ Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. ™ does not represent or warrant that the Content and other information posted by and through the ™ Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that ™ shall not be responsible for, and ™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers.You agree that ™ shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
- Social Media Pages.The Site contains links to various ™ Social Media Pages. The Social Media Pages are hosted and made available on third party websites ("Social Media Websites") by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by the applicable terms and conditions of those Social Media Websites.You understand and agree that ™ shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
- Interactive Services.Subject to the restrictions set forth herein, the Interactive Services will allow you to participate in, and provide Feedback in connection with, Network Articles comment sections, blogs, message boards, question and answer areas and other interactive areas of the Site.
- License Grant.As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the ™ Offerings and associated content in accordance with the Agreement. ™ may terminate this license at any time for any reason. Other than where expressly permitted by ™, you may only use the ™ Offerings on one computer for your own personal, non-commercial use. No part of the ™ Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the ™ Offerings or any portion thereof. ™ reserves all rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the ™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on ™ infrastructure. Your right to use the ™ Offerings is not transferable.
- Proprietary Rights.The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the ™ Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the ™ Offerings is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ™ is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at the Site or through the ™ Offerings. The posting of information or material on the Site by ™ does not constitute a waiver of any right in or to such information and/or materials. The "eLocal" name and logo, and all associated graphics, icons and service names, are trademarks of ™ USA LLC. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
- Editing, Deleting and Modification.We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
- Legal Warning.Any attempt by any individual, whether or not a ™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the ™ Offerings, is a violation of criminal and civil law and ™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
- Indemnification.You agree to indemnify and hold ™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-navbar-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the ™ Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Site User or third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 17 are for the benefit of ™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Disclaimer of Warranties.THE ELOCAL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ELOCAL MAKES NO WARRANTY THAT: (A) THE ELOCAL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE ELOCAL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ELOCAL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE ELOCAL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELOCAL&trade, ANY SITE USER OR OTHERWISE THROUGH OR FROM THE ELOCAL OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability.YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELOCAL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE ELOCAL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE ELOCAL OFFERINGS; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE ELOCAL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE ELOCAL FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF ELOCAL TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ELOCAL&trade. THE ELOCAL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF ELOCAL SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Third Party Websites.The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, certain Site User websites and/or Social Media Websites. Because ™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that ™ is not responsible for the availability of such third party websites and/or resources. Furthermore, ™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
- Dispute Resolution Provisions.The Agreement shall be treated as though it were executed and performed in Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to conflict of law principles).You hereby agree to arbitrate all claims that may arise under the Agreement that you may have against ™ or any of the Covered Parties, who are express third-party beneficiaries of the mandatory arbitration provision. Without limiting the foregoing, should a dispute arise between you and ™ and/or any Covered Party including, without limitation, any matter concerning the ™ Offerings, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (the “AAA”) in Delaware or the county of your residence, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here.We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute, you must submit your dispute for resolution by arbitration before the AAA as set forth above, by filing a separate Demand for Arbitration, which is availablehere.For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against ™ and/or any Covered Party. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that ™ and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
- Miscellaneous.Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any ™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. ™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- California End-User Consumer Rights.In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
- Contact Us.If you have any questions regarding the Agreement, or would like more information from ™, please contact us at using ourcontact form;or call us at: 1-877-91-ELOCAL.