Terms of Service

Our terms and conditions of use constitute a binding contract between you and Local Magnet Inc. (LM). Your use of this website, or any portion of LM’s services, whether as a consumer or as an advertiser, constitutes your agreement to be bound by these terms and conditions of use¸ the related Privacy and Security Policy and any other conditions set forth on the LM website. If the user does not agree with any of these terms and conditions, he or she should not use this website or other LM services. Continued use of the website or other services constitutes acceptance of any modifications made thereto.

Limited License

LM is a service that enables consumers in need of services to review information about, and potentially connect with, Small and Medium Sized Businesses (SMB’s) in the consumer’s local area with whom he or she can discuss the matter at issue. As a user of this service, you are granted a limited, non-exclusive, non-transferable, revocable license to use this website and other LM services, and to access the content herein, all in accordance with these terms of use. You are permitted to access and make personal use of the materials on this website in connection with your LM activities only. You may not copy, download, reproduce or store any of the content herein except as it relates to your matter. LM reserves the right to revoke this license at any time, for any reason, including but not limited to your use or pursuit of scandalous, obscene, or discriminatory materials or causes or any other violation of these terms and conditions of use.

Your Responsibilities

By accessing the LM website or services, you agree to:

a) be bound by these terms and conditions;

b) comply with the Privacy and Security Policy found on the LM website;

c) comply with any technical specifications, rules of operation or security practices established by LM or its third-party vendors.

Limitations on Use

The content provided on the LM website is for the personal use of consumers and its advertisers and not for commercial exploitation except as expressly stated. You may not use such content for purposes of obtaining the personal identifying information of any consumers. You may not decompile, reverse engineer, disassemble, copy, rent, loan, lease sell or create derivative works of any such content. You many not use any robot, spider, or other computerized device to scan, monitor copy or extract data from our website. You may not use our website to create false, misleading, or illegal communications.

Third Party Communications

Persons other than LM provide content on the website. LM does not have the means to nor does it monitor all content provided by third parties. LM disclaims all liability in connection with any such third party content or any actions you take or refrain from taking as a result of receiving or reviewing such content. You are solely responsible for assessing and verifying the accuracy and reliability of such third party content. LM makes no representations, warranties, or promises in connection with any such third party communications. You assume all risks associated with such third party content. In the event that you believe that any content on the LM website is violative of your rights, it is your responsibility to contact LM so that it may investigate the matter and take any required action.

Fees for Use of LM Services

No fees are charged to consumers who are seeking services through our advertising network. SMB advertisers pay a fee based upon they degree of advertising exposure they wish to achieve in any given market.

Intellectual Property Rights

The LM website and all works associated therewith are the exclusive property of LM and its various third party providers. Such website and works are protected by all applicable intellectual property laws, including but not limited to copyright, trademark and trade dress law. You agree in using the LM website and/or services to not remove, obscure, or alter any proprietary rights legends included within any materials used in connection therewith. Unless otherwise permitted by these terms and conditions of use, in no event shall you copy, reproduce, distribute, make derivative works of, or commercially exploit the LM website or service except expressly in connection with permitted advertisements on the LM website. Trademarks used herein are the property of LM or its third party providers. You may use such trademarks only as permitted by LM in writing. Unless otherwise stated herein, nothing herein grants to you any license or other right to any of the intellectual property rights contained in the website or the content hereon. If you are an attorney-advertiser, you grant to LM an irrevocable, fully paid up perpetual worldwide license to display, publish, modify, make derivative works of, translate, and distribute the content you have supplied in connection with your advertising account.

Digital Millennium Copyright Act

LM adheres to the policies and law set forth in the Digital Millennium Copyright Act (“DMCA”) and avails itself of the protections thereunder. LM reserves the right to remove any content from the website(s) covered by these terms and conditions in accordance with the terms and conditions of the DMCA. LM reserves the right to suspend or permanently terminate any users who are repeat offenders of the DMCA as it relates to our website. Notices to LM regarding any possible copyright violations associated with content posted on one of its websites should be directed to info@localmagnetcalls.com.

Prohibited Activities

LM services may not be used for activities that:

1) violate any law, statute, ordinance, or regulation;

2) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial or other intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually-oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or, (i) certain weapons or knives regulated under applicable law;

3) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services;

4) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent or counterfeit;

5) Violate applicable laws or industry regulations regarding the sale of (a) tobacco or alcohol products, or (b) prescription drugs and devices;

6) Involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from LM and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law;

7) Involve the use of the LM website to solicit others to become members of any enterprise or organization or to otherwise use the LM website or services to promote a different or competitive business to LM’s business.

In the event that LM becomes aware of a user using the LM services for any of the purposes set forth above, LM shall be permitted to take any and all actions necessary to prohibit such use, including but not limited to removal of access of users from the LM website and service. In order to help maintain the integrity of the LM service, users are encouraged to immediately report violations of these terms of use to LM. Questions regarding whether an action may violate the terms of use can be directed to info@localmagnetcalls.com.

Disclaimer of Warranties

YOUR USE OF THE LM SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LM MAKES NO REPRESENTATION OR WARRANTY AS TO THE AVAILABILITY OF THE WEBSITE IN THE EVENT OF TECHNICAL DIFFICULTIES. OTHER THAN TO THE EXTENT EXPRESSLY SET FORTH HEREIN, LM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS RELATED TO THE WEBSITE OR ANY CONTENT OR THIRD PARTY COMMUNICATIONS POSTED THEREON. LM DOES NOT MONITOR THE CONTENT ON THE WEBSITE AND DISCLAIMS ALL WARRANTIES IN CONNECTION THEREWITH.

Limitation of Liability

THE ENTIRE LIABILITY OF LM IN RESPECT OF ANY BREACH OF ITS CONTRACTUAL OBLIGATIONS ARISING UNDER THIS AGREEMENT AND ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT (TOGETHER AN “EVENT OF DEFAULT”) SHALL BE LIMITED TO DAMAGES IN AN AMOUNT EQUAL TO THE CUMULATIVE REVENUES PAID BY YOU FOR AN INITIAL CONSULTATION WITH ANY ATTORNEY OR LAW FIRM ADVERTISING ON LM’S WEBSITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL LM BE LIABLE TO YOU IN RESPECT OF ANY EVENT OF DEFAULT FOR LOSS OF DATA, PROFITS, GOODWILL OR ANY TYPE OF SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING LOSS OR DAMAGE SUFFERED AS A RESULT OF ANY ACTION BROUGHT BY A THIRD PARTY) EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR EVEN IF LM HAD BEEN ADVISED OF THE POSSIBILITY OF A PARTY’S INCURRING THE SAME. THIS LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN. NOTHING IN THIS SECTION WILL CONFER ANY RIGHT OR REMEDY UPON EITHER PARY TO WHICH IT WOULD NOT OTHERWISE BE LEGALY ENTITLED. EACH PARTY ACKNOWLEDGES THAT NO PROMISE, REPRESENTATION, WARRANTY, OR UNDERTAKING HAS BEEN MADE BY THE OTHER PARTY TO ANY PERSON ON A PARTY’S BEHALF AS TO THE PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM ENTERING INTO THIS AGREEMENT.

Dispute Resolution—Arbitration

Any dispute arising out of, related to or in any way connected to this Agreement, or its interpretation, enforcement and/or breach, shall be submitted to and determined in binding arbitration by an arbitrator appointed by and acting in accordance with the arbitration procedures of that entity known as JAMS/Endispute (“JAMS”), located in Austin, Texas or the closest JAMS office thereto. JAMS will administer arbitrations pursuant to its minimum standards of fairness. These minimum standards of fairness include:

  1. The arbitration agreement is reciprocally binding on all parties but neither party is precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.
  2. The consumer retains the right to pursue unavailable remedies in court.
  3. The consumer will have the right to participate in the process of choosing the arbitrator(s).
  4. This clause is not meant in any way to discourage the consumer’s right to counsel.
  5. With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the fees and expenses shall be borne upon each party as their own with the exception of the arbitration fees, which will be halved, by each party. JAMS is a commercial entity that charges fees for services. The amount you can expect to pay will vary with the experience of the arbitrator and the length of your arbitration. When the arbitration is initiated by Divorce Cures, LM shall bear all fees associated with the arbitration but may recover damages or other compensation from consumer as a result of the arbitration process.

This arbitration provision affects important legal rights of both parties. By using the services of LM, you are agreeing to submit any all disputes described above to binding arbitration, which precludes your ability to pursue resolution of these disputes in court. The arbitrator appointed by JAMS shall enter a written award within thirty (30) days of the final hearing in the matter, which award may be entered as a judgment in any court of competent jurisdiction.

No Assignment

In no event shall you be permitted to assign any rights or obligations hereunder to any other person or entity except in a circumstance where you are an entity that is being acquired by or merged into another entity, and the surviving entity agrees in writing to be bound by these terms and conditions of use.

Indemnification

You agree to defend, indemnify and hold harmless LM, its directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the LM website or services, including but not limited to, out of your violation of any representation or warranty contained in these terms and conditions of use.

Term and Termination

LM may terminate your access to the LM website or services in the event you engage in any of the prohibited activities described above, fail to make any payments required hereunder in a timely fashion or otherwise materially breach this Agreement. Such termination shall not affect any other rights to which LM is entitled in connection with this Agreement.

General Terms and Conditions

You agree that LM may, in its sole discretion, modify the terms of this Agreement by updating the modified terms to the LM website. By continuing to use the website after any such changes, you are accepting the modified terms and conditions of use.

If any part of these terms and conditions of use 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.

These terms and conditions of use will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

By using the LM website or services, you agree to the following:

1) You are at least 18 years of age.

2) You will comply with all local, state/provincial, regional, and national laws in your area of residence.

3) You agree to allow LM to use anonymous aggregate data to enable LM to offer a better service in the future.

LM will have no obligation to provide a refund of any amounts previously paid.

LM does not and cannot review all the material posted to the LM system, and makes no representations or warranties as to the accuracy or honesty of any such material.

By visiting this LM website, you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user.

By visiting this LM website, you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website. In no event shall LM be liable or responsible to you in connection with any viruses, bugs, malware or any errors to your equipment resulting from use of the LM website or services.

You agree that this Agreement and all disputes arising hereunder shall be governed by Texas law without regard to that law relating to conflicts or choice of law. Both parties submit themselves to the exclusive jurisdiction of the state and federal courts in Travis County, Texas in connection with any matter that is not arbitrable hereunder, such as requests for injunctive or other provisional relief.

You agree that this Agreement sets forth the entire understanding between you and LM in connection with the subject matter hereof, and that this Agreement supersedes any and all prior agreements and understandings between the parties, whether oral, written or implied by conduct.

Changes to this Policy

We reserve the right to revise or update these terms of use at any time. These terms of use may only be modified by an authorized executive of LM. If we make any changes to these terms of use, we will post the updates on this website and will update the date at the bottom of the page. The updates to these terms of use are effective upon their being posted on this website.

Last Updated: June 2013