Terms Of Use
1. Acceptance of Terms
Our website located at www.localplusnetwork.com (this "Site") together with all software used or accessed by Site Visitors (such software, along with updates and upgrades thereto, the "Related Software") is being provided by QuinStreet subject to your acceptance of this User Agreement ("Agreement") which may be updated by QuinStreet from time to time without notice to you. By becoming a Visitor or User (as defined herein) of the Site, you agree to be bound by the terms of this Agreement. This Agreement was last revised on May 31, 2006. You can review the most current version of this Agreement at any time by clicking the “Terms of Use” link on the Site. When using a particular service or product offered on the Site you also may be subject to any posted guidelines, rules, terms of service, policies or other contractual provision as noted elsewhere on the Site. In the event of a conflict between any other agreement, rule, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact us at contact@localplusnetwork.com before using this Site. All references herein to "we" or "us" refer to QuinStreet. All references to “you” refer to the Visitor or User visiting and making use of the Site.2. Types of Visitors
Any person or entity (through its agents) accessing, browsing, or otherwise using the Site, either manually or via an automated device, bot, script or program, shall be deemed a "Visitor" under this Agreement. All Visitors are bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, then you should not use or access the Site or the Related Software. All Visitors have access to the home page of the Site. A Visitor who becomes a registered User of the Site shall be deemed a "User." Only Users may, in accordance with the procedures and conditions set forth below, utilize the Related Software (as defined below). QuinStreet and any Visitor are both "Parties" to this Agreement.3. Description of Services
The Site is a free service of QuinStreet where Users and Visitors can find directory listings of local businesses and reviews of their services provided by prior Visitors who have become Users.4. Conditions of Use
If a User is an individual, such User must be over the age of 18 and possess the capacity to enter into binding contracts. In order to become a User, you must register and provide to us certain personally identifiable information, including but not limited to, name, and email address, (collectively "Registration Information"). Providing false Registration Information constitutes a material breach of the Agreement. Our Privacy Policy (the “Privacy Policy”) describes how we will utilize your Registration Information. You hereby consent to our dissemination of your Registration Information in any manner consistent with our Privacy Policy. If a User is an entity, then User represents and warrants to QuinStreet that its entry into and delivery of this Agreement with and to QuinStreet has been approved by all requisite entity action prior to its use of this Site.5. No Endorsement of Content or Businesses
QuinStreet makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site including, without limitation, the availability or quality of any of the services offered by third parties. QuinStreet does not control the quality, safety, truth or accuracy of the content and makes no representation thereof. QuinStreet shall have no obligation to review the Site's content or pre-screen any of the service providers recommended or listed on the Site. All content provided by Users of the Site is the sole responsibility of the User, not QuinStreet. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Site may contain hyperlinks to third party web sites outside of the Site. QuinStreet makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites. We have no control over the content of any hyperlinked third party web sites and shall have no obligation to review those sites' content. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content, and that under no circumstances will QuinStreet be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site or via any Related Software.6. Acceptable and Lawful Use of Site
Any Registration Information, computer information, or other information a User or Visitor provides to us in connection with the use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (f) shall not create liability for us or cause us to lose (in whole or in part) the Related Software or our suppliers. Each Visitor shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site and the Related Software. QuinStreet reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise and will respond to legal process in the manner deemed advisable by our legal staff. To the fullest extent permitted by applicable law, You agree that you will not: (i) file any action on your own behalf or which purports to be filed on behalf of any group or class related to the content of the Site, your use of the Site, our response to any legal process received related to your use of the Site or any page to which you link from the site. You agree not to post false and misleading content to the Site for the purpose of obtaining any commercial advantage over any of your competitors. You agree that you will never demand compensation for posting or failing to post any content to the Site.7. Acceptable and Lawful Use of Software
Any Related Software that is made available, either as a download or otherwise, from the Site is the copyrighted work of QuinStreet and/or its affiliates or suppliers. Use of the Related Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Related Software ("License Agreement"), or as expressly stated on the website pages accompanying the Related Software. An end user will be unable to install any Related Software that is accompanied by or includes a License Agreement, unless it, he or she first agrees to the terms and conditions set forth in the License Agreement accompanying such Related Software. Any use, reproduction, redistribution of any Related Software not in accordance with the applicable License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY RELATED SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH RELATED SOFTWARE.
8. License Granted
User grants QuinStreet a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights User has in Registration Information provided to QuinStreet by User, in any media whether now known or hereafter to become known. QuinStreet will only use Registration Information in accordance with its Privacy Policy. You may link to our Privacy Policy at www.localplusnetwork.com/privacy.jsp9. Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Visitors and QuinStreet. This Agreement is between the parties and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between Users and any third party, you understand and agree that QuinStreet is under no obligation to become involved. In the event that you have a dispute with one or more Users or third parties, you hereby release QuinStreet, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.10. Conduct
You agree not to post, email or otherwise make available Content:- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
- that includes personal or identifying information about another person who has not consented in writing to its inclusion on the Site;
- that is false, deceptive, misleading, deceitful, or misinformative; or
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- contact anyone who has asked not to be contacted; or
- collect personal data from the Site about other users for commercial or unlawful purposes;
11. Security
We utilize secure servers to protect your Registration Information. Users shall not disclose Registration Information to third parties. Users are responsible for all activities which occur under their Registration Information. User agrees to immediately notify us in writing of any unauthorized use of User's account.12. Privacy Statement; Email
Visitors agree that they have read and understand the terms of our Privacy Policy at www.localplusnetwork.com/privacy.jsp which is hereby incorporated into this Agreement by reference. Visitors acknowledge that the Site may link to other sites not controlled by us and that the collection of a Visitor's data by these sites is outside the scope of our control. QuinStreet reserves the right to monitor a User's use of the Site in accordance with our Privacy Policy. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from us in connection with the use of the Site and other offers that we may choose to send to them from time to time.13. System Integrity
Visitors may not use any device, bot, script or other software or routine to interfere with the proper working of the Site. Visitors may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of QuinStreet which may be withheld for any reason or for no reason. Visitors may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e.: "Spam"). Visitors shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of QuinStreet which may be withheld for any reason or for no reason. Information on the Site is frequently updated and is proprietary or is licensed to . Visitors agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of QuinStreet and, if applicable, the appropriate third party which may be withheld for any reason or for no reason.14. System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.15. No Warranty
QUINSTREET PROVIDES THIS SITE AND THE RELATED SOFTWARE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. QUINSTREET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. VISITOR ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, USE OF ANY SERVICE PROVIDERS OBTAINED FROM THIS SITE, THE SOFTWARE PRODUCTS, AND HYPERLINKED WEB SITES. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.QUINSTREET MAKES NO WARRANTY THAT THE SITE WILL MEET VISITORS' REQUIREMENTS, OR THAT RELATED SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RELATED SOFTWARE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM QUINSTREET SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Other Limitations of Liability
IN NO EVENT WHATSOEVER SHALL QUINSTREET, ITS PARENT COMPANY, SHAREHOLDERS, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL QUINSTREET'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $50. IN ANY EVENT, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. USERS UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. QUINSTREET NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE AND RELATED SOFTWARE. The limitations of liability provided in this Agreement inure to the benefit of QUINSTREET, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.17. Indemnification
Each Visitor and User agrees to indemnify, defend and hold harmless QuinStreet, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Visitor's or User's (directly or through its agents) use of the Site or Related Software provided hereunder by QUINSTREET and Visitor's or User's breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.18. Intellectual Property
A. Generally
All pages within the Site are the property of QuinStreet. The Site and Related Software are protected by state, common law, federal and international copyrights and trademark laws. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of QuinStreet. A Visitor may not, and this Agreement does not give Visitor permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site or Related Software. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. A Visitor may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by QuinStreet.B. Trademark Notice
All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks in Visitor. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on this Site, without the express written permission of QuinStreet or the trademark owner.C. Government End Users
This subsection 18(C) applies only if any of the Related Software is acquired by or on behalf of a department or agency of the U.S. Government. The Related Software is a trade secret of QuinStreet for all purposes under the U.S. Freedom of Information Act. The Related Software is a commercial item or processes developed wholly at private expense and are provided with the limited rights described in the DOD Supplement to the Federal Acquisition Regulation ("DFARS") at section 227.7102-2(a) ("Limited Rights"). More specifically, Limited Rights means that the U.S. Government may use, modify, reproduce, display, perform, or disclose any Software Products acquired from the Site only within the Government. The Related Software may not be released, or disclosed to, or used by, third parties without QuinStreet’s written permission. Further, the use, duplication, or disclosure is subject to restrictions as set forth in subparagraph (b) (2) of the "Technical Data - Commercial Items (Nov. 1995)" clause at DFARS 252.227-7015. Government personnel using the Software Products or Data, other than under a DOD contract, agreed that use of the Related Software is subject to restrictions that are the same as, or similar to the Limited Rights specified above.D. Submissions
We appreciate and will consider any comments you may have on the Related Software, our Site, service, or ideas you may have on how to improve them. Please email us with your suggestions at contact@localplusnetwork.com. Please note that by doing so, or by otherwise posting, uploading, inputting, providing or submitting ("Posting") your comments, feedback, concepts, know-how, techniques, software, or ideas ("Submission"), you irrevocably assign free of charge, all worldwide rights, title and interest in all copyrights, patent rights, and all other intellectual property rights in the Submission to QuinStreet, its successors and assigns. You agree to cooperate with QuinStreet, its successors, and assigns, in perfecting such intellectual property rights. Without limitation, QuinStreet, its affiliated companies and its licensees, will be entitled to use your Submission on an unrestricted basis, for any purpose whatsoever, including, to: develop, manufacture and market products incorporating such Submission, to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the unrestricted right to license such rights. QuinStreet does not wish to receive any submission that is confidential or proprietary. You agree not to post or otherwise provide any Submission that you consider confidential or proprietary, and any submissions you post will be deemed and treated as non-confidential and non-proprietary. In addition, do not post any Submissions that you do not want to assign to QuinStreet. No compensation will be paid or is due with respect to the assignment or use of your Submission, as provided herein. QuinStreet is under no obligation to post or use any Submission you may provide. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to assign, provide, post, upload, input or submit the Submission.19. Notices
Notices to User and QuinStreet shall be by email or certified mail, return receipt requested. Notices to QuinStreet shall be sent to contact@localplusnetwork.com or, if by certified mail, to QuinStreet 1051 East Hillsdale Blvd, Foster City, CA 94404 USA. Notices to User shall be sent to the email address contained in User's Registration Information. User is responsible for keeping User's Registration Information current. QuinStreet shall not be responsible for User's failure to receive notice if User's Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing support@localplusnetwork.com.20. Electronic Signatures
Visitors and QuinStreet agree that any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by the Visitor. The Visitor and QuinStreet further agree that by entering into this Agreement they shall agree to accept electronic signatures or other reasonable electronic indicia as effective forms of acceptances. Such indicia of acceptance shall be considered for these purposes as an original signature and any such electronic transmission shall be considered to have the same binding legal effect as an original signed document. Visitor agrees that Visitor shall not raise electronic transmission or electronic signatures as a defense to this Agreement or the binding nature thereof or in any matters related to the Agreement, and User agrees to waive such defense.21. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Agreement, the Site or the Related Software shall be brought exclusively in the federal or state courts of California and both Parties consent to the jurisdiction thereof.22. Miscellaneous
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of Visitor or QuinStreet, at any time or times, to require performance of any provision hereof shall in no manner affect Visitor or QuinStreet’s right at a later time to enforce such provision. No delay or failure of Visitor or QuinStreet in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between QuinStreet and you, the Visitor, pertaining to the subject matter hereof. In its sole discretion, QuinStreet may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. Visitor shall regularly review the Agreement that is posted at localplusnetwork.com/terms.jsp. If you have any questions about the Agreement, please contact us at contact@localplusnetwork.com23. Inquiries
The Site and any content are offered by QuinStreet. QuinStreet operates out of offices located at 1051 East Hillsdale Blvd, Foster City, CA 94404 USA. Anyone wishing a copy of this Agreement may obtain such by writing QuinStreet, accessing the Site, or emailing contact@localplusnetwork.com. Questions concerning the Site, the Related Software, or any aspect of this Agreement should be directed to QuinStreet. California residents wishing to have their personally identifying data purged from the QuinStreet database may address a request for such deletion to the above address.
