Terms of Use Agreement
Last Updated: July 1, 2022
These terms and conditions (the "Terms") govern your access to and use of websites and mobile applications that link to or reference these Terms ("Site"). If you use the site and service, you will be bound by the terms of this agreement, including the Privacy Policy. If you do not agree to be bound by these terms of use, please do not access or use the services or the site.
1. DEFINITIONS
Parties
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Local Falcon LLC.
Content
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Local Falcon Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Local Falcon or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, Third Party Content, and Local Falcon Content.
Services
Local Falcon may offer to Users certain free services and allow free access and use of certain components of the Site ("Free Service"). All such Free Services, which may or may not require prior registration to the Site, are provided at Local Falcon's sole discretion and may be modified or limited or cancelled at the our sole discretion without prior notice. We may also offer to Users certain Services, which require registration and payment ("Paid Services"), as shall be indicated with respect to such Paid Services at the Site and/or in our service order form.
2. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. USING THE SITE
Eligibility
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
User Accounts
You may create an account and provide certain information about yourself when you use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. Your account is for your singular use only. Account access is not to be shared. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
In creating your account, we ask that you provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
Paid Services
Any User who uses Paid Services must agree and accept the payment terms presented to them at the time they subscribe to such Services on the Site or by service order form. Any Services User who wishes to discontinue or cancel their Paid Service, must do so, at their sole responsibility, prior to the automatic renewal date (such date, if any, depends on the renewal terms the Paid Services User chose during the subscription process). No further notice of renewal dates shall be given to Users after subscribing to Paid Services. If Paid Services are chosen, payment must be made via either Credit Card or ACH (US Bank Account), which is entered on the Payment Methods page within your Local Falcon account. After closing your account you will not be billed any further unless you have outstanding obligations. We do not refund any payments.
Communications from Local Falcon and other Users
By creating an account, you agree to receive certain communications in connection with the Site. You can opt-out of non-essential communications by contacting us.
4. CONTENT
Ownership
All content produced by Local Falcon, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Site Content, computer code, products, software, and all other elements and components of the Site excluding, and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Local Falcon Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, or in any way exploit any of the Local Falcon Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Local Falcon Content are retained by us.
5. RESTRICTIONS
You will not, and will not assist, encourage, or enable others to use the Site to:
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Local Falcon;
Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content, except as expressly authorized by Local Falcon;
Use any robot, site search/retrieval application, or any automated device, process or means to access, retrieve, or scrape any portion of the Site or any Site Content;
Reverse engineer any portion of the Site;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
Record, process, or mine information about other users;
Reformat or frame any portion of the Site;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Local Falcon's technology infrastructure or otherwise make excessive traffic demands of the Site;
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
Use the Site or any Site Content to transmit any computer viruses, or any other items of a destructive nature;
Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
6. PRIVACY
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.
7. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sub-license the Feedback, and you irrevocably waive, and cause to be waived, against Local Falcon and its users any claims and assertions of any moral rights contained in such Feedback.
8. THIRD PARTIES
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.
This Site uses Google services. The use of Google Maps is subject to the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.
9. INDEMNITY
You agree to indemnify, defend, and hold Local Falcon, its parents, subsidiaries, affiliates, any related companies, suppliers, and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Local Falcon Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Local Falcon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Local Falcon. Local Falcon will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of the Local Falcon entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. By accessing or using the site, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
Local Falcon shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in Local Falcon's industry, and will provide a standard of care based on commercially reasonable efforts.
The services and all products provided as part of the services are provided "as is", "with all faults" and "as available" basis, with the express understanding that the Local Falcon entities may not monitor. As such, your use of the site is at your own discretion and risk. The Local Falcon entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the Local Falcon entities are not liable to you for any loss or damage that might arise, for example, from the site's Local Falcon, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the site.
The Local Falcon entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the site or the site's users. Accordingly, the Local Falcon entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
The Local Falcon entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Local Falcon entities shall create a representation or warranty.
Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.
The Local Falcon entities' maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the greater of (i) the amount paid, if any, by you to the Local Falcon entities in connection with the site in the 12 months prior to the action giving rise to liability, or (ii) $100.
The Local Falcon entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
11. CHOICE OF LAW AND VENUE
You agree that all matters relating to the access to, or use of the Site and its content shall be governed by the laws of the State of Pennsylvania and the laws of the United States of America notwithstanding any otherwise applicable conflict of laws rule. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the State of Pennsylvania in any action or proceeding instituted under or related to this Agreement.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
12. TERMINATION
You may terminate the Terms at any time by closing your account and discontinuing your use of the Site. Please review our Privacy Policy for information about what we do with your account when terminated.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Site Content, or any other related information. After closing your account you will not be billed any further unless you have outstanding obligations to Paid Services. We do not refund any payments.
13. GENERAL TERMS
We reserve the right to modify, update, or discontinue promotional credits, the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Any failure on Local Falcon's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with Local Falcon's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
If you are experiencing difficulties in using the Site or if you have any questions or comments regarding the Site, please contact us at account [at] localfalcon.com.