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1. ACCEPTANCE OF TERMS
Thank you for using My Local Ad Space's revolutionary platform for consumers, businesses and fundraisers seeking to establish mutually beneficial relationships. My Local Ad Space provides the MyLocalAdSpace.com service to you commencing on the first date you sign up for any service on MyLocalAdSpace.com. The service is 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 My Local Ad Space (collectively the 'Terms').
We reserve the right to modify these terms by posting a notice on our website, or by sending you a notice via email, postal mail or phone.
You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, and use of our website or any services by you following such posting or notification constitutes your acceptance of these Terms as modified.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS.
2. THE MY LOCAL AD SPACE SERVICE
My Local Ad Space provides users, businesses and fundraisers with access to a large collection of on-line resources, including without limitation business web page hosting services, on and off-line advertising services based on location, couponing services, blogging services, online rating and review services, mapping services and the ability to contact merchants from whom consumers or businesses seek deals, or connections (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.
3. REGISTRATION OBLIGATIONS
The Service is available to individuals who are at least 18 years old and a resident of the United States. If you do not so qualify, do not attempt to register for or use the Service. My Local Ad Space may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
4. ACCOUNT USERS AND REGISTRATION OBLIGATIONS
In order to take advantage or use some of the features offer with the Services, you may be required to register and/or create an account with My Local Ad Space. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. You also agree to be responsible for maintaining the confidentiality of the password(s) you use to access your account. My Local Ad Space reserves the right to close your account at any time for any reason or no reason, in its sole discretion. There are four classes of accounts:
A “Consumer Account” is an account for your personal, non-commercial use only and may be used to submit, post, and transmit reviews, ratings, compliments, photographs, and/or other types of content. Not forgoing below, you may not impersonate someone else (e.g., adopt the identity of a celebrity, fictional character or real person other than yourself) and the email address you provide must be your own.
A “Business Account” is an account that represents a business listing on My Local Ad Space. In claiming, creating or updating the Business Account, you must be the owner or an authorized employee or representative of a corporation or other business entity. You may not provide an email address that is not your own or create multiple Business listings for the same business unless expressly authorized by My Local Ad Space.
A “Fundraiser Account” is an account that represents an entity that is interested in earning funds through profit sharing between My Local Ad Space and the fundraising entity. In creating or updating a Fundraiser Account, you must be the owner or an authorized employee or representative of a corporation or other business entity. You may not provide an email address that is not your own or create multiple Business listings for the same business unless expressly authorized by My Local Ad Space.
A “Sales Representative Account” is an account used by independent contractors who wish to sell Business Accounts to local and national merchants who are interested in participating with the Service. In consideration of use of the Service, you agree to: provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and 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 My Local Ad Space has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, My Local Ad Space 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 My Local Ad Space or on a My Local Ad Space business site,My Local Ad Space will be entitled to collect liquidated damages of $1000 per violation or actual damages incurred by My Local Ad Space from you.
You understand and agree that as a part of your Service, you may receive certain electronic and telephone communications from My Local Ad Space, including but not limited to, service announcements, status reports, administrative messages.These communications are considered part of My Local Ad Space membership and (except as prohibited by applicable law) you may not be able to opt out of receiving them. In addition to the terms aforementioned, you shall agree and be bound to a Independent Sales Representative contract provided to you by My Local Ad Space.
6. USER CONDUCT
You understand that you are entitely responsible for all Content that you upload, post or otherwise transmit via the Service including, but not limited to all information, data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials ("Content"), whether publicly posted or privately transmitted. My Local Ad Space 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 and in this regard you use the Service at your own risk.
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, racially, ethnically or otherwise objectionable or otherwise violates any local, state, federal or non-US law, order or regulation;
B. Harm minors in any way;
C. Impersonate any person or entity, including, but not limited to, a My Local Ad Space 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 proprietaryrights of any party;
G. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programsdesigned to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Promote or use the site for a commercial purpose for competitive products, except as expressly permitted by My Local Ad Space;
H. Keyword spam or to otherwise attempt to manipulate search results;
I. 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;
K. 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 anyregulations having the force of law;
L. "Stalk" or otherwise harass another individual or merchant;
M. Collect or store personal data about users, any individual or merchant (including for the purposes of advertising to or soliciting any My Local Ad Space user to buy or sell any products or services) other than customers who willingly provide such information in order to explore bona fide business opportunities or connections.
N. Create or submit unwanted email or messaging ('Spam') to any other My Local Ad Space user.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g. hyperlinks provided in connection with My Local Ad Space's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by My Local Ad Space.
If you as a merchant use either the sales, promotion, or the couponing feature (known collective as ‘deals’) to provide consumers with deals through the My Local Ad Space platform, you represent and warrant that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the My Local Ad Space platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify My Local Ad Space against any claims by users of the service that the terms of a coupon or other offered deal were not honored.
8. CONTENT SUBMITTED TO MY LOCAL AD SPACE
My Local Ad Space does not claim ownership of the Content you place on your My Local Ad Space Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the My Local Ad Space website or otherwise through the Service, you:
A. Grant to My Local Ad Space, its affiliates and their assignees theperpetual, 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, including without limitation, any concepts, ideas or know-how embodied therein;
B. Represent and warrant to My Local Ad Space that you own or otherwise control all rights to such content and that disclosure and use of such content by My Local Ad Space (including without limitation, publishing content at the My Local Ad Space website) will not infringe or violate the rights of any third party; and
C. Acknowledge that the content may not be treated confidentially.
D. Represent and warrant to My Local Ad Space that none of the content contains any confidential or proprietary information that you desire or are required to keep secret.
E. Acknowledge that My Local Ad Space does not pre-screen Content, but that My Local Ad Space and its designees shall have the right (but not the obligation) in their sole discretion to remove or blockaccess to any Content that is available via the Service. Without limiting the foregoing, My Local Ad Space and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. F. 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.
You agree to indemnify and hold My Local Ad Space, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, incurred as a result of such claim or demand 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.
12. 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.
13. MODIFICATIONS TO SERVICE
My Local Ad Space 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 My Local Ad Space shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that My Local Ad Space, in its sole discretion, may terminate your password, My Local Ad Space Site, use of the Service or use of any other My Local Ad Space service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if My Local Ad Space believes that you have violated or acted inconsistently with the letter or spirit of these Terms. My Local Ad Space 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 My Local Ad Space may immediately deactivate or delete your My Local Ad Space Site and all related information and files in your My Local Ad Space Site and/or bar any further access to such files or the Service. Further, you agree that My Local Ad Space shall not be liable to you or any third-party for any termination of your access to the Service.
You may at any time cancel any class of account and notify My Local Ad Space in writing via email, regular mail, or telephone call that you intend to cancel your class of account. This notice must be at least 30 days prior to your desired cancel date. You may also cancel any class of account via your business administration area. Cancellations processed through your business adminstration area are immediate. In the event that you cancel any class of account that earns you any type of profit or income, My Local Ad Space may keep those profits or income.
My Local Ad Space runs advertisements and promotions on My Local Ad Space Sites. By creating your My Local Ad Space Site, you agree that My Local Ad Space has the right to run such advertisements and promotions. The manner, mode and extent of advertising by My Local Ad Space on your My Local Ad Space Site are subject to change in the sole discretion of My Local Ad Space.
17. COUPONS, DEALS, AND PROMOTIONS
Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree that My Local Ad Space shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because My Local Ad Space has no control over such sites and resources, you acknowledge and agree that My Local Ad Space 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 My Local Ad Space 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.
19. MY LOCAL AD SPACE PROPRIETARY RIGHTS
You agree that all content and materials delivered via the Service or otherwise made available by My Local Ad Space are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by My Local Ad Space 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 My Local Ad Space'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 My Local Ad Space's website to create or compile, directly or indirectly, a collection, database or directory without written permission from My Local Ad Space 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 penalty.
Reproducing, copying or distributing any content, materials or design elements on the My Local Ad Space website for any other purpose is strictly prohibited without the express prior written permission of My Local Ad Space. 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. My Local Ad Space 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 My Local Ad Space for use in accessing the Service.
20. CREDIT CARD ONLINE PAYMENT PROCESSING SERVICES
My Local Ad Space transactions are processed through Higher Standards LLC, an Independent Sales Organization and Merchant Services Provider.
21. RECURRING CHARGES TO YOUR SELECTED FORM OF PAYMENT
You agree that your credit card or banking account will be charged on a monthly basis for services that you’ve agreed to from this website. You are notified that your credit card or banking account will be charged on all subsequent months on the next closest day of the month to be one of the following: The 5th, the 10th, the 15th, the 20th, the 25th or the 30th.
22. YOUR MONTHLY FEE AND HOW YOU AGREE TO ACCOUNT FOR IT
You agree that should you choose to pay for any Service, 75% of your monthly fee will be an advertising expense paid to My Local Ad Space and 25% of your monthly fee will be a charitable donation to MLAS Trust, a 501(c).
23. YOUR SELECTION OF A SCHOOL/FOUNDATION/BOOSTER TO SUPPORT.
Your money is donated to a School, Foundation or Booster through the MLAS Trust, a 501(c). It may be possible for you to select a specific School, Foundation or Booster to show your support to that has not yet agreed to accept money from MLAS Trust. In the event that the specific School, Foundation or Booster elects not to accept any money from MLAS Trust, we will notify in a timely manner of their decision and offer you the opportunity to cancel your account in accordance with the terms of our Cancellation Policy. In the event that the School, Foundation or Booster makes no election as to whether or not to accept any money from MLAS Trust within 6 months of your sign up date, MLAS Trust will donate the money designated to that School, Foundation or Booster equally to all other School, Foundation and Boosters until a decision is made by the School, Foundation or Booster.
24. TRANSMISSION AND STORAGE OF ONLINE PAYMENT DATA YOU PROVIDE.
This website exchanges the online payment data you provide with USA ePay, with whom My Local Ad Space has contracted to process online payments. To process an online payment, My Local Ad Space will transmit to USA ePay, via Secure Sockets Layer (SSL) connection over the Internet, payment instructions and banking information that you provide to us. My Local Ad Space will not store such payment instructions and banking information on its systems once a payment transaction has been completed. USA ePay will store such payment instructions and banking information on its systems for reconciliation and recall purposes.
25. SECURITY OF ONLINE PAYMENT DATA
My Local Ad Space uses reasonable measures to protect the security of the data you provide to us for online payment processing. Our processor has agreed to keep such data confidential. Please be aware, however, that the security and confidentiality of information sent over or connected to the Internet cannot be guaranteed. Please also note that My Local Ad Space shall have no liability for incomplete or erroneous transactions caused by the user’s provision of inaccurate information, by the user’s lack of sufficient funds, by loss or misuse of the user’s authentication information, or for any other circumstances not subject to My Local Ad Space’s control. My Local Ad Space, Higher Standards and USA ePay reserve the right not to process any transaction which is believed to be erroneous, unauthorized or otherwise invalid or unlawful.
26. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY LOCAL AD SPACE 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.
MY LOCAL AD SPACE 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.
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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY LOCAL AD SPACE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
27. LIMITATION OF LIABILITY
IN NO EVENT SHALL MY LOCAL AD SPACE (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, EVEN IF MY LOCAL AD SPACE 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.
28. 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 26 AND 27 MAY NOT APPLY TO YOU.
29. GENERAL INFORMATION
The Terms constitute the entire agreement between you and My Local Ad Space and govern your use of the Service, superseding any prior agreements between you and My Local Ad Space (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 My Local Ad Space's prior written consent. My Local Ad Space 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 My Local Ad Space services, third-party content or third-party software. The Terms and the relationship between you and My Local Ad Space shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and My Local Ad Space agree to submit to the personal and exclusive jurisdiction of the State and/or Federal courts located within Hennepin County, Minnesota. The failure of My Local Ad Space 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.
Please report any violations of the Terms to us at firstname.lastname@example.org
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