TERMS OF SERVICE and MEMBER AGREEMENT

The following terms and conditions govern all use of the Pushlocal websites and all content, services and products available at or through the platform (hereinafter the "Service"). The Service is owned and operated by Pushlocal, LLC and offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time.

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, and/or by checking a box indicating your acceptance, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by Pushlocal, LLC, acceptance is expressly limited to these terms.

  • 1.Use of Service/Your Account

    By your use of the Service, you agree to be bound to Pushlocal and to comply with these terms and all applicable local, state, federal, and international laws and regulations. When you sign up, you agree to use your real name and identifying information. Accounts found to be in non-compliance are subject to termination without notice at any time.

    Any time without prior notice, Pushlocal may refuse to continue providing the Service or change the service as we see fit.

  • 2.Licenses

    When you post or display Content on your account, you grant Pushlocal a worldwide, non-exclusive, royalty-free license in your Content. We reserve the right to use, copy, reproduce process, adapt, modify, publish, transmit, display, and distribute such Content in any method we choose. You agree that this license also includes the right for Pushlocal to make your content available to others for modification, publication, broadcast, promotion, or distribution on other media or services. You grant this license with no hope or right to compensation for the Content you post, submit, or make available to the Service. You also agree that any Content submitted or posted by you may be modified or adapted by Pushlocal to comply with our policies or to conform with limitations or requirements dictated by our website, apps, services, or networks.

    Without limiting any of those representations, Pushlocal has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in its reasonable opinion, violates any Pushlocal policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in its sole discretion. Pushlocal will have no obligation to provide a refund of any amounts previously paid.

  • 3. Responsibility of Contributors

    When you post Content to your account or allow any third party to post Content, you are entirely responsible for the content of, and any harm resulting from, that Content, whether publicly posted or privately transmitted. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or any other type of Content. When you post something, you represent that you have the authority necessary to grant us the right to use the Content.

    Pushlocal does not monitor or control content posted via the Service, so any reliance by you on any Content posted on the service is at your own risk. We do not guarantee, support, or represent the truthfulness, veracity, or accuracy of any Content posted on the Service.

    We reserve the right to read, access, and disclose any information which we believe is necessary to satisfy applicable laws, legal process, detect or prevent fraud, prevent security or technical complications, or protect the right and safety of Pushlocal's users.

  • 4. Acceptable Use

    The internet is a free, open forum, and a lot goes on there, good and bad. When you post on Pushlocal, you agree to limit your Content to the “good� side of things.

    There are many things we don’t tolerate, and here they are: spamming, pornography or adult-oriented content, abusive language in the form of extensive cursing or vulgar language, harassment, threats, racial slurs, defamatory statements, viruses, malware, inciting the violation of our terms, and anything else a rational person would view as objectionable or unconscionable. We reserve the right to modify or delete any such Content posted to the Service and permanently delete the account of the offender.

    Additionally, you agree to abide by the spirit of any documents you may have received outlining the best practices for your use of your Pushlocal account.

  • 5. Trademarks and copyrights

    The Service is protected by the copyright and trademark laws of the United States. All right, title, and interest of the Service, although offered to you for use remains the exclusive property of Pushlocal. Under no circumstance shall you use the Pushlocal logo, domain names, word marks, or any other proprietary features except for the uses listed below:

    Site Displays: Pushlocal will provide your organization or business with stickers and/or site displays to inform your clients about your account on Pushlocal. Please do not create your own displays without prior written consent.

    Internet Displays: Pushlocal will send you approved logo formats and download buttons to use on your website. Please do not create your own website assets without prior written consent.Printed Media: You are expressly authorized to use the Pushlocal logo, app icon, or other media we provide on your business cards or in print advertising.

    5. Privacy

    Pushlocal values your privacy and we guard your information as closely as we do our own. To learn about how we use the information you submit to the Service, please review our Privacy Policy.

  • 6. Changes

    Pushlocal reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. If we do make a change, we may at our discretion send an email to you reminding you of the changes for your convenience. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Pushlocal may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  • 7. Free Trials

    If you register on our website to access the Service, we will make it available to you on a trial basis free of charge until the end of the trial period. At the end of the trial period, you will have the option of discontinuing your use of the Service free of charge, or upgrading to a Basic or Premium Account.

  • 8. Free Accounts

    We will provide free accounts to non-business entities such as (but not limited to) counties, cities, schools, clubs, churches, non-profits, and civic organizations, solely at our discretion. We reserve the right at any time to request that free accounts become paid accounts. In that situation, the remaining month would be provided to you free, at the end of which you would be asked to upgrade to a Basic or Premium paid account. We reserve the right not to offer Free accounts at all and convert all membership options to Basic or Premium at our discretion.

  • 9. Basic Accounts

    By submitting your credit card information and choosing a “Basic� account, you expressly authorize us to charge your credit card and sign you up as a Basic user. When you upgrade to a Basic account, your use of the Service will continue uninterrupted if payment is made before or on the final day of the trial period. If payment is not made by that date, your account will be suspended until an upgrade is made. Basic accounts are:

    $50 per month up to 2000 followers.

    $75 per month up to 5000 followers.

    $100 per month for over 5000 followers.

    You expressly authorize upgrades to be made automatically as the thresholds are reached. Payments are made for each month in advance. You agree to allow us to charge your credit card on a month-to-month basis until you cancel use of the Service. If you cancel during the middle of the month, we do not offer a refund for the remainder of the month. You may cancel at any time.

  • 10. Premium Accounts

    By submitting your credit card information and choosing a “Premium� account, you expressly authorize us to charge your credit card and sign you up as a Premium user. When you upgrade to a Premium account, your use of the Service will continue uninterrupted if payment is made before or on the final day of the trial period. If payment is not made by that date, your account will be suspended until an upgrade is made. Premium accounts are:

    $75 per month up to 2000 followers.

    Downgrade to Basic account at over 2000 followers.

    As a premium member you are added to Pushlocal’s “auto-follow� list. This means that every user who downloads the app and adds your city will automatically follow you. You will remain on the “auto-follow� list until you have reached 2000 followers and then be downgraded to a Basic account (at the $75/month level). You expressly authorize upgrades/downgrades to be made automatically as the thresholds are reached. Payments are made for each month in advance. You agree to allow us to charge your credit card monthly until you cancel use of the Service. If you cancel during the middle of the month, we do not offer a refund for the remainder of the month. You may cancel at any time.

  • 11. Account Suspension/Deletion.

    If payment owed by you is not received by the due date, we will notify you by email at the address you specified upon sign up of the nature of your missed payment. At the end of the period, your account will be suspended until the money owed by you is paid in full. If your account is not brought current within three (3) months, we will delete your account.

    When your account is suspended, you do not lose your followers. You will keep your same follower account even if your account is suspended and then reinstated.

  • 12. Breach/Termination

    Pushlocal may terminate your access to all or any part of the Service upon your breach of this Agreement. We will send you an email notifying you of your breach and will give you a chance to remedy it, both at our sole discretion. If you wish to terminate this Agreement you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  • 13. Limitation of Liability

    At no time shall Pushlocal or any of its licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pushlocal under this agreement during the twelve (12) month period prior to the cause of action. Pushlocal shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  • 14. General Representation and Warranty

    You represent and warrant that (i) your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

  • 15. Indemnification

    You agree to indemnify and hold harmless Pushlocal, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or Service, including but not limited to your violation of this Agreement.

  • 16. Miscellaneous

    This Agreement (and other agreements included by reference) constitute the entire agreement between Pushlocal and you concerning the subject matter thereof, and they may only be modified by a written amendment signed by an authorized executive of Pushlocal, or by the posting by Pushlocal of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Mississippi, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Adams County, Mississippi. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the arbitration laws of Mississippi. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pushlocal may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.