Local Kayaks.com Terms of Service
ACCEPTANCE OF TERMS
Thank you for using Local Kayaks.com's innovative platform for consumers and businesses seeking to establish mutually beneficial business relationships. Local Kayaks.com provides the Local Kayaks.com service to you, subject to 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 on this site by Local Kayaks.com (collectively the "Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at: http://www.localkayaks.com/TOS.html. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
THE Local Kayaks.com SERVICE
Local Kayaks.com provides users with access to a rich collection of on-line resources, including without limitation business web page hosting services, on and off-line advertising services, couponing services, and the ability to contact merchants from whom consumers or businesses seek deals (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. Local Kayaks.com may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Local Kayaks.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Local Kayaks.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to a Local Kayaks.com business site that you are not legally entitled to claim, Local Kayaks.com will be entitled to collect liquidated damages of $1000 per violation or actual damages incurred by Local Kayaks.com from you. You understand and agree that the service may include certain communications from Local Kayaks.com, such as service announcements, administrative messages and the Local Kayaks.com Newsletter, and that these communications are considered part of Local Kayaks.com membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Local Kayaks.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Local Kayaks.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Local Kayaks.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any material 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;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(j) "stalk" or otherwise harass another individual or business;
(k) collect or store personal data about users other than customers who willingly provide such information in order to explore business opportunities;
CONTENT SUBMITTED TO Local Kayaks.com
Local Kayaks.com may claim ownership of the Content you place on your Local Kayaks.com Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the Local Kayaks.com website or otherwise through the Service, you:
* grant to Local Kayaks.com, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form for the purpose of providing the Services or for any other purpose unless stated otherwise, including without limitation, any concepts, ideas or know-how embodied therein;
* represent and warrant to Local Kayaks.com that you own or otherwise control all rights to such content and that disclosure and use of such content by Local Kayaks.com (including without limitation, publishing content at the Local Kayaks.com website) will not infringe or violate the rights of any third party; and
* acknowledge that the content may not be treated confidentially.
You agree not to provide Local Kayaks.com with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that Local Kayaks.com does not pre-screen Content, but that Local Kayaks.com and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, Local Kayaks.com and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
INDEMNITY
You agree to indemnify and hold Local Kayaks.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
Local Kayaks.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Local Kayaks.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that Local Kayaks.com, in its sole discretion, may terminate your password, Local Kayaks.com Site, use of the Service or use of any other Local Kayaks.com service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Local Kayaks.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Local Kayaks.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Local Kayaks.com may immediately deactivate or delete your Local Kayaks.com Site and all related information and files in your Local Kayaks.com Site and/or bar any further access to such files or the Service. Further, you agree that Local Kayaks.com shall not be liable to you or any third-party for any termination of your access to the Service.
ADVERTISEMENTS
Local Kayaks.com runs advertisements and promotions on Local Kayaks.com Sites. By creating your Local Kayaks.com Site, you agree that Local Kayaks.com has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Local Kayaks.com on your Local Kayaks.com Site are subject to change in the sole discretion of Local Kayaks.com.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Local Kayaks.com has no control over such sites and resources, you acknowledge and agree that Local Kayaks.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Local Kayaks.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Local Kayaks.com PROPRIETARY RIGHTS
You agree that all content and materials delivered via the Service or otherwise made available by Local Kayaks.com are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Local Kayaks.com in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at Local Kayaks.com's website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from Local Kayaks.com's website to create or compile, directly or indirectly, a collection, database or directory without written permission from Local Kayaks.com is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to $3,000 in penalties.
Reproducing, copying or distributing any content, materials or design elements on the Local Kayaks.com website for any other purpose is strictly prohibited without the express prior written permission of Local Kayaks.com. Use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Local Kayaks.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Local Kayaks.com for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Local Kayaks.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Local Kayaks.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Local Kayaks.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MERCHANTCIRLE (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF Local Kayaks.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
GENERAL INFORMATION
The Terms constitute the entire agreement between you and Local Kayaks.com and govern your use of the Service, superseding any prior agreements between you and Local Kayaks.com (including, but not limited to, any prior versions of the Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Local Kayaks.com's prior written consent. Local Kayaks.com may assign, transfer or delegate any of its rights and obligations hereunder without consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Local Kayaks.com services, third-party content or third-party software. The Terms and the relationship between you and Local Kayaks.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Local Kayaks.com agree to submit to the personal and exclusive jurisdiction of the courts located within San Mateo County, California. The failure of Local Kayaks.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the Terms to us at [email protected]
