Acceptance of Terms
1. Content and Links
We, or third parties, may produce automated search results on our Site and/or otherwise provide links to other World Wide Web sites, or external resources. Third parties, affiliates, and other external resources may have the opportunity to submit, post, update, transmit or otherwise make available information, graphics, video, data, text, photographs, sound, reviews, messages, or other materials ("Content") through this site. As a result, we either do not review and/or have no control over such sites, resources, and Content.
You acknowledge and agree that we do not necessarily endorse the views that are mentioned in any Content therein nor the providers or producers of the Content; we are not responsible for the availability of such sites, and resources, and you understand that all Content is the sole responsibility of the person from whom such Content originated. Furthermore, you acknowledge and agree that we are not responsible or liable, directly nor 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, site or resource.
2. PROHIBITED USES
You agree not to use this Site for illegal purposes, unauthorized activities, and interrupt with the proper working of this Site. You also agree not to use this Site and Content for commercial purposes through www.localtom.com without the written consent of the original content originator.
Moreover, you agree that you will not use any device, hardware, software, or other technology to interfere or attempt to interfere with the proper working of this site. You agree not to crawl, spider, scrape, or else deploy automated agents or other technology to collect, extract, harvest, mine, or if not interact with this site, unless you:
a) Identify your technology uniquely and explicitly by means of the user-agent field in every request header
b) Provide a clear point of contact for the operation of those systems or organization
c) Abide by standard robots.txt and other standard crawler-management policies.
Furthermore, you agree that we can, at our sole discretion, prohibit such automated activities.
3. DISCLAIMERS OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
(a) SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT: (1.) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (2.) DEFECTS WILL BE CORRECTED; OR (3.) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) WE MAKE NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, DIRECTIONS, MAPS, TRAFFIC, ROAD CONDITIONS, EXPEDITOUSNESS, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 SUCH MATERIAL.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
Your privacy is important to us. All information gathered by us from you in connection with your use of this site is subject to the provisions of our Privacy Statement. We do not control, nor are we responsible for, the privacy practices of those sites to which we link and, therefore, you agree to read the privacy policies of those sites.
You agree to indemnify and hold Localtom.com, Inc. and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: your use of the site; Content you submit, post, transmit or otherwise make available though this site; your violation of these Terms; or your violation of any rights of another.
7. GENERAL INFORMATION
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof, and govern your use of this site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software.
These Terms and the relationship between you and us will be governed by the laws of the State of California without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located within Alameda County, California, United States, for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect.