REACHLOCAL, INC.
DIRECTORY
Terms of Use
Last Modified: June 18, 2009
IMPORTANT: THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND REACHLOCAL, INC. (“REACHLOCAL” OR “WE”) GOVERNING YOUR USE OF THE REACHLOCAL DIRECTORY AT BUSINESS.REACHLOCAL.COM (THE “DIRECTORY”). PLEASE READ THIS AGREEMENT CAREFULLY. AMONG OTHER PROVISIONS, IT INCLUDES IMPORTANT INDEMNITY OBLIGATIONS, DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY.
YOUR USE OF THE DIRECTORY CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THE DIRECTORY AND THESE TERMS OF USE AT ANY TIME. YOUR CONTINUED USE OF THE DIRECTORY AFTER ANY SUCH MODIFICATION AND NOTIFICATION THEREOF SHALL CONSTITUTE YOUR CONSENT TO SUCH MODIFICATION. WE SHALL PROVIDE NOTIFICATION OF CHANGES IN THESE TERMS BY UPDATING THE LAST MODIFIED DATE SET FORTH ABOVE.
1. Permitted Use of Directory. The Directory contains Business Listings, which include a variety of information, textual and graphical, regarding local businesses (the “Businesses”). You may use the Directory for the purpose of locating and learning more about the Businesses. The Business Listings are comprised of proprietary data, as well as data from third party providers, including, without limitation, Localeze. The Directory is only intended for your personal use and NOT for commercial purposes. You must be over the age of 13 to use the Directory. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Directory. You may not use the Directory to compile a collection of listings, including a competing listing product or service. You may not use the Directory for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Directory or the products, services, processes or technology described therein. All such rights are retained by ReachLocal, its subsidiaries, and/or any third party owner of such rights.
2. Privacy Policy. Use of the Directory is also subject to our Privacy Policy.
3. External Links. Links to external Internet sites are provided within the content of the Directory as a convenience to you. The listing of an external site does not imply endorsement of the site by ReachLocal or its affiliates. We do not make any representations regarding the availability and performance of any links to third party sites. When you click on advertiser banners, sponsor links, or other external links from the Directory, your browser automatically may direct you to a new site that is not hosted or controlled by us. ReachLocal and its affiliates are not responsible for the content, functionality, or technological safety of these external sites. Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web sites. We do not fully screen or investigate the sites of the Businesses before or after including them in the Directory, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
4. Disclaimer: ALL MATERIALS, INFORMATION, ADVERTISING, CONTENT, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR ADVERTISED THROUGH THE DIRECTORY ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. ALL MATERIALS, INFORMATION, ADVERTISING, CONTENT, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DIRECTORY ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, ADVERTISING, CONTENT, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DIRECTORY ARE ACCURATE, RELIABLE OR CORRECT; THAT THE DIRECTORY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE DIRECTORY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE DIRECTORY.
5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REACHLOCAL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE DIRECTORY, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF REACHLOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE DIRECTORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REACHLOCAL'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO $50 .
6. Mandatory Arbitration. In the event of any dispute concerning the validity, interpretation, enforcement or breach of these Terms, you and ReachLocal unconditionally and irrevocably agree that the dispute will be resolved by arbitration (and accordingly you hereby consent to personal jurisdiction) in the County of Los Angeles, California. Any such arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures then in effect except as limited or expanded by these Terms. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration (e.g., to compel arbitration) or from seeking equitable or provisional relief from a court of competent jurisdiction. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The prevailing party will be entitled to recover its attorneys’ fees and arbitration costs. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, but not limited to, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration panel, except as may lawfully be required in judicial proceedings relating to the arbitration or by disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
7. Indemnification. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms of Use.
8. Inquiries/Violations. Any questions or comments and reports of violations of these Terms of Use should be directed to legal@reachlocal.com.
9. Miscellaneous. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms of Use. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by you and us. We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use.