Welcome, and thank you for your interest in www.localkins.com, owned and operated by LocalKins LLC, a Delaware Limited Liability Company (“LocalKins,” “us,” “we” or “our”), and our services made available to you (the “user”, the “customer” the “listed entity,” defined as an entity listed on the Services, or “you”) through our website (the “Website” or the “Site” or “Platform”) and any online applications or mobile application and tools we make available to you (the “Apps”). The Website and the Apps together constitute our service (the “Service” or “Services”). Unless otherwise specified, all references to the Services include the services available through the LocalKins Website and/or any mobile App, as well as any software that LocalKins provides to you that allows you to access the Services. The following Terms of Service are a legally binding contract between you and LocalKins regarding your use of the Services.
Please read the following terms of service (“Terms”) carefully before accessing or using any of the service. Each time you (including a customer, listed entity or user) access or use the service, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use the Services. Localkins may change these Terms at any time by posting updated Terms on this site. If any amendment to these Terms is unacceptable to you, you must cease using any of the Services. If you continue using the Services, you will be conclusively deemed to have accepted the changes.
In addition, certain features or areas of the Services may be subject to additional terms of service that we make available for your review. By using such features or areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of service applicable to such features or areas. In the event that any of the additional terms of service governing such area conflict with these Terms, the additional sections or provisions of the terms of service will control.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED.
LOCALKINS PROVIDES A PLATFORM WHICH PERMITS USERS TO RESEARCH TOURS, ACTIVITIES AND EVENT EXPERIENCES.
YOU ACKNOWLEDGE THAT LOCALKINS IS NOT A PARTY TO ANY ENGAGEMENT, AGREEMENT, ARRANGEMENT OR TRANSACTION BETWEEN USERS OF OUR PLATFORM AND LISTED ENTITIES LISTED ON OUR PLATFORM. NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT IS CREATED AS A RESULT OF THE TERMS OF SERVICE OR ANY USER’S OR LISTED ENTITY’S USE OF ANY PART OF THE PLATFORM.
LOCALKINS DOES NOT ENDORSE EITHER THE USER OR THE LISTED ENTITY AND HAS NO CONTROL OF THE SERVICES LISTED ENTITY PROVIDES. IT IS WITHIN THE SOLE DISCRETION OF THE USERS OF OUR SERVICES TO ENGAGE A LISTED ENTITY THROUGH OUR SERVICES. YOU SHOULD ALWAYS EXERCISE RESPONSIBILITY, DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO HAVE ANY INTERACTION WITH ANY USER OR LISTED ENTITY.
YOU AGREE THAT THE USE OF OUR SERVICES IS AT YOUR SOLE RISK. BY USING THE PLATFORM, YOU UNDERSTAND AND AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS, LISTED ENTITIES OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THOSE PARTICULAR USERS, LISTED ENTITIES OR OTHER THIRD PARTIES. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM, LOCALKINS WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
FINALLY, THESE TERMS EXPRESSLY LIMIT OUR LIABILITY, IF ANY, TO YOU. YOU THEREFORE HEREBY AGREE THAT LOCALKINS SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURIES RESULTING FROM YOUR USE OF OUR PLATFORM OR ANY ENGAGEMENT AND INTERACTION WITH ANOTHER USER OR LISTED ENTITY RESULTING FROM THE USE OF OUR SERVICES.
1. Description of Service
a. LocalKins is a website platform that provides users the ability to search, find, and obtain reviews for tours, activities and event experiences displayed on the Services. The Services include: (i) LocalKins systems, procedures, processes and technologies, and (ii) any hardware, software, applications, data, reports, and other content made available by or on behalf of LocalKins.
b. The Services do not include any software application or service that is provided by you or a third party, which you use in connection with the Services.
c. Any modifications and new features added to the Services are also subject to these Terms.
d. LocalKins reserves the right to modify or discontinue the Services or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Services and its components (including all intellectual property rights) will remain with and belong exclusively to LocalKins.
2. Eligibility for Our Services and Removal or Alteration of Information from Services
a. By using our Services, you represent that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are under the age of 18 but over 13 years of age you may visit our Website, but you may not create an account, nor book a reservation nor use any other feature or area of our Services.
b. If you are a third party and your business, website, application or other information is listed on the Services and you wish to have that information (or a portion of that information) removed from or edited on the Services, please contact us at firstname.lastname@example.org and we will remove or modify the requested material (so long as the modification is in compliance with these Terms).
3. Your Access and Use of Our Services
b. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services except when permitted by these Terms; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build similar competitive Services; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
c. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
d. Except as expressly permitted in these Terms, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
e, Our Services may now, or in the future, have “publicly accessible areas” that allow users to post content owned or created by an individual (“User Content”) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that LocalKins shall not, under any circumstances, be liable in any way for any User Content.
f. You understand that LocalKins may issue upgrade versions of any mobile App and you consent to receiving automatic upgrades on your mobile device. You also acknowledge and agree that standard carrier data charges may apply to your use of the Services including, without limitation, text messages.
g. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
h. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services.
i. You acknowledge and agree that interactions with listed entities are at your own risk and LocalKins has no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any listed entity or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with listed entity and participation in listed entity’s service.
j. Any communications on, and actions resulting from, the use of the LocalKins private messaging system are the responsibility of the individual parties to those communications (users and listed entities), and not that of Localkins who disclaims any liability for any damages or injuries resulting therefrom.
k. You may not use our Service for any purpose that violates any law applicable to you or the services you provide through our platform.
l. You may not impersonate any person or entity.
m. You may not promote information that is false or misleading.
n. You may not contact users or listed entities through our Service, except for the purposes intended by our platform.
o. You may not infringe upon someone else’s trademark, copyright or other intellectual property or other rights.
p. You may not send, or assist others to send, unsolicited commercial email (Spam) to our users and listed entities.
4. Disclosures; No Guarantees or Endorsements
a. LocalKins is providing publicly available information in a single location for users of its Services. It therefore does not provide any application, product or service beyond the Services. Although LocalKins may provide for a platform on which third parties can learn about each other, LocalKins undertakes take no responsibility for and disclaims all liability between any interactions that may take place between parties that come into contact with each other through the Services.
b. LocalKins uses stock photos and they may not be representative of the listed entity’s business, product or services and may not be approved by the listed entity but are being used by LocalKins for representative purposes only.
c. LocalKins creates activity, tour and listed entity descriptions using publicly available information and provides general information, including the focus of the activity, tour or listed entity and the age of applicability of the activity, tour or listed entity service. The activity description and general information may not be completely accurate or approved by the listed entity. It is the responsibility of the user to verify any information about a listed entity on the Services.
d. LocalKins does not intervene in any transaction between the user and any third party.
e. LocalKins makes no guarantees, warranties or representations regarding the skills or experience of third party or the quality of the service that the listed entity may perform for user if you elect to book a reservation for their activities.
f. LocalKins does not endorse or recommend the services of any particular third party and we do not independently verify their representations about their activities and services, nor do we validate any reviews. It is the sole responsibility of the user to evaluate the third party and their qualifications to provide the activities and their service.
g. LocalKins does not guarantee or warrant any third party’s performance of the activities or service, or the outcome or quality of the activities or service provided.
h. The third parties are not employees or agents of LocalKins.
i. LocalKins is not an agent or representative of the third party or its customer(s).
j. LocalKins does not guarantee the suitability or safety of the activities and services provided by a third party. It is solely the user’s responsibility to determine if an activity or service is safe and does not violate any law, regulation or local ordinance.
k. LocalKins disclaims any liability for damages or injuries to person or property resulting from the third party’s or the user’s actions, failure to act or omissions, whether intentional or in negligence.
l. LocalKins is not responsible for the scheduling or rescheduling or cancellation of any activities, whether refundable or non-refundable.
5. Accounts and Registration
a. To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number, newsletter preference or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all “Your Information”).
b. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
6. Account Management
a. Keep Your Password Secure. If you have been issued an account by LocalKins in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not LocalKins, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify LocalKins immediately.
b. Keep Your Details Accurate. LocalKins may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
7. Suspension and Termination of Services
a. We reserve the right to modify, suspend or terminate the Services for any reason, without notice, at any time, and without liability to you.
b. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
c. We reserve the right to refuse access to the Services to anyone for any reason at any time.
8. Privacy and Your Personal Information
9. Information Accuracy
a. We make no representation as to the completeness, accuracy, or currency of any information or other content on the Services.
b. We attempt to ensure that information on the Servicse is complete, accurate and current, however, despite our best efforts, the information on our Servicse may occasionally be inaccurate, incomplete or out of date and LocalKins disclaims any responsibility or liability for such information. By using the Services, you agree to accept such risks.
10. Proprietary Rights
As between LocalKins and you, LocalKins or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Services in accordance with this Terms. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by LocalKins.
11. cIntellectual Property Rights
a. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”), and are owned by LocalKins. You may not use the Proprietary Marks without our prior written permission.
b. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
c. The information, descriptions, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us by Our Content suppliers.
d. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
e. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
f. You are solely responsible for any damages resulting from your infringement of our, or any third-parties’, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.
12. Use of Our Content
a. We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
b. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
13. User Content Rights and Related Responsibilities; License
a. “User Content” means, without limitation, any brochures, descriptions, messages, text, reviews, opinions, digital files, images, photos, personal profile (including your photo), artwork, videos, audio, comments, feedback, suggestions, and documents, or other content you upload, transmit or otherwise make available to LocalKins and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and agree to indemnify LocalKins and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
b. By submitting User Content on or through the Services, you grant LocalKins a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify (including editing the metadata in photos), publish, transmit, display and distribute such User Content without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Content.
c. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of these Terms gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
d. You agree that any User Content you submit to our Services may be viewed by other users, any person visiting or participating in the Services and by the public in general.
e. LocalKins expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss.
f. You are solely responsible for User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by LocalKins resulting therefrom.
g. LocalKins may remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
h. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
i. User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.
j. LocalKins has no control over User Content once posted, and it is possible that visitors to the Site or App may copy User Content and repost it elsewhere.
k. You agree not to post as part of the Services any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, examples of the things you may not do:
i. Impersonate any person or entity.
ii. Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.
iii. Advocate for or harass or intimidate another person.
iv. Promote information that is false or misleading.
v. Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
vi. Promote violence, racism, bigotry, hatred or physical harm of any kind against any group or individual.
vii. Transmit anything that exploits children or minors or that depicts cruelty to animals.
viii. Solicit personal information from anyone under the age of 18.
ix. Use the service in an illegal manner or to commit an illegal act.
x. 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.
xi. Transmit any content that contains video, audio, or images of another person without his or her permission or that of their legal guardian.
xii. Promote material that exploits people in a sexual, pornographic or violent manner.
xiii. Provide instructional information about illegal activities.
xiv. Infringe upon someone else’s trademark, copyright or other intellectual property or other rights.
xv. Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers.
a. If you receive software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the software.
b. Any license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by LocalKins, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
c. We may automatically check your version of the software. We may also automatically download to your device or computer new versions of the software.
d. Any software is licensed, not sold. Unless we notify you otherwise, the software license ends when you end your use of the Services or otherwise according to these Terms. You must then promptly uninstall the software, or we may disable it. You must not work around any technical limitations in the software.
e. The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or Service without U.S. government permission to anyone on U.S. government exclusion lists. You represent and warrant that you’re not on any of those lists or under the control of, or an agent for, anyone on those lists.
15. Interruption of Services
a. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
b. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
16. Third Party Links, Services and Content
b. You acknowledge that we are not responsible for such third party content or services and that we are not an agent of any third party, nor are we a direct party in any such transaction with a third party. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our actions.
17. Electronic Communications
a. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. Electronic Transactions
a. Your use of the Services includes the ability to enter into agreements, including these Terms. You acknowledge and expressly agree that your electronic submissions constitute your agreement and intent to be bound by these Terms.
b. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on or through the Services, including, policies, contracts, and applications.
c. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
19. Third Party Social Networking
Violating the security of our Services is prohibited and may result in criminal and civil liability. LocalKins may investigate incidents involving such violations and may involve, and will cooperate with, law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
21. Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
A valid complaint under the DMCA must provide the following information in writing:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work that you claim has been infringed.
c. Identification of the material that is claimed to be infringing and where it is located on the Service.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
FEDERAL LAW PROVIDES THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
The above information must be submitted to LocalKins at: email@example.com.
22. Disclaimers; No Warranties
a. ALL PRODUCTS AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. LOCALKINS AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “LOCALKINS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND PRODUCTS AVAILABLE ON THIS SITE AND ANY APP WE PROVIDE TO YOU WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY TOURS, ACTIVITIES, EVENTS, PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
c. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON SERVICES MAY BE OUT OF DATE. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE THIRD PARTY PRODUCTS AND SERVICES DISPLAYED ON OUR SERVICES. WE MAY MAKE CHANGES TO THE SERVICES, AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
d. THE LOCALKINS PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
e. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES OR IF YOU ACCESS A THIRD PARTY’S SITE OR APPLICATION FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICES OR THE ACCESS OF A THIRD PARTY SITE OR APPLICATION THROUGH OUR SERVICES.
f. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
g. THE LOCALKINS PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
h. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
23. Limitations Of Liability
a. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES; (II) YOUR BREACH OR VIOLATION OF THESE TERMS; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, TOURS, ACTIVITIES, EVENTS OR GOODS RECEIVED THROUGH OR ADVERTISED IN THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
d. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO LOCALKINS BY USER OR LISTED ENTITY FOR THE SERVICES GIVING RISE TO THE CLAIM.
e. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
24. Interaction With Others
a. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE IDENTITY, SUITABILITY AND FOR YOUR INTERACTIONS WITH THE THIRD PARTIES AND PEOPLE YOU CHOOSE TO ENGAGE WITH THROUGH THE SERVICES. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT ANY BACKGROUND CHECKS INCLUDING, BUT NOT LIMITED TO, CRIMINAL, FINANCIAL, SEX OFFENDER OR ANY OTHER BACKGROUND CHECKS OR SCREENINGS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE THIRD PARTIES OR PEOPLE YOU CHOOSE TO INTERACT WITH THROUGH OR AS A RESULT OF USING THE SERVICES. WHILE NOT OBLIGATED TO DO SO, LOCALKINS RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CONDUCT ANY CRIMINAL OR SEX OFFENDER BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
b. YOU ASSUME ALL RISK WHEN USING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE PERSONAL INTERACTIONS WITH OTHERS USERS AND THIRD PARTIES.
c. IN NO EVENT SHALL LOCALKINS, ITS EMPLOYEES, CONSULTANTS, EXECUTIVES OR OFFICERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF A USER, A LISTED ENTITY OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THEFT, BODILY INJURY, EMOTIONAL DISTRESS, DEATH AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH, CONTACT WITH OR PERSONAL INTERACTION WITH OTHER USERS OR THIRD PARTIES.
a. You agree that you will be personally responsible for your use of the Services and you agree to defend, indemnify and hold harmless LocalKins and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or serious emotional harm, to you or any third party resulting from your use of the Services, or (vi) any disputes or issues between you and any third party.
b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
a. By using the Services, you release, to the maximum extent allowed by law, LocalKins, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and any interaction with other users and third parties through the Services, including without limitation, any death or serious emotional or serious physical harm.
b. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
27. Our Remedies
a. You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.
b. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of the State of Texas, or a United States District Court for the State of Texas, Fort Bend County. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
28. Dispute Resolution
THESE TERMS CONTAIN AN EXPRESS AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THESE TERMS ALSO CONTAIN AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES. EACH TIME YOU ACCESS OR USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICES.
For any dispute you have with LocalKins, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. If LocalKins has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
a. You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
b. Applicable Law. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in these Terms.
c. Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to our Services, or any products or services delivered, sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court (“Agreement to Arbitrate”), except that you may assert claims in small claims court, if your claims qualify.
d. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms and conditions of these Terms as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of these Terms including, but not limited to, any claim that all or any part of these Terms to Arbitrate or these Terms are void or voidable. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
e. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Texas, Fort Bend County. You and we agree to submit to the personal jurisdiction of the courts located within Texas for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Texas; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Texas.
29. Law Enforcement
a. LocalKins is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If LocalKins receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
b. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), LocalKins may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. LocalKins will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
30. Amendments to these Terms of Service
We reserve the right to update, amend and/or change these Terms at any time in our sole discretion and without notice. Updates to these Terms will be posted here. Amendments will take effect immediately upon us posting the updated Terms on our Services. You are encouraged to revisit these Terms from time to time in order to review any changes that have been made. The date on which these Terms were last updated will be noted at the bottom of the Terms. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
32. No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, shall survive your acceptance of these Terms and the termination of these Terms.
34. Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
35. Entire Understanding
If you have questions, comments, concerns or feedback regarding these Terms or our Services, please contact us at email@example.com.
Last updated: June 11, 2018