Local Certificates - Terms of Use

Local Certificates Terms of Use

1. Your Acceptance

Local Certificates and its subsidiaries and affiliates (collectively "LocalCertificates.com") provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. If we make changes to the Terms of Use or Privacy Policy and you continue to use our Site, you are agreeing to the Terms of Use and Privacy Policy expressed herein. These Terms of Use constitute a binding agreement between LocalCertificates.com and you governing your use of the Website. By using and/or visiting the www. LocalCertificates.com Website or any other Websites owned by LocalCertificates.com (collectively the "Website"), you signify your assent to both these Terms of Use and the LocalCertificates.com Privacy Policy, which is specifically incorporated into the LocalCertificates.com Terms of Use. You are only authorized only to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.

2. Website Access

LocalCertificates.com hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:

your use of the Website as permitted is solely for your personal, noncommercial use
you will not copy or distribute any part of the Website in any medium without LocalCertificates.com's prior written authorization
you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose
you will otherwise comply with the terms and conditions of these Terms of Use In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your User Profile page. In addition, you agree to immediately notify LocalCertificates.com of any unauthorized use of your password or account or any other breach of security. LocalCertificates.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

By registering with LocalCertificates.com, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the LocalCertificates.com Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If LocalCertificates.com suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the LocalCertificates.com Website.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the LocalCertificates.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, LocalCertificates.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LocalCertificates.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

3. The LocalCertificates.com Website

These Terms of Use apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by LocalCertificates.com. LocalCertificates.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release LocalCertificates.com from any and all liability arising from your use of any third-party website.

4. Intellectual Property Rights

The content on the Website including without limitation, the text, graphics, and photos created by and for LocalCertificates.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to LocalCertificates.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of LocalCertificates.com or as expressly provided herein. LocalCertificates.com reserves all rights not expressly granted in and to the Website and the Content contained therein.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

5. Rules of Conduct

The following rules of conduct apply to your use of the Website and to any and all materials you post on LocalCertificates.com, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of LocalCertificates.com.

You may not, in connection with the Website:

post or transmit through this Site any material which is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
infringe or violate any patent, copyright, trademark, trade secret or other property right
breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
violate or encourage others to violate any applicable law, statute, ordinance or regulation;
promote software or services that deliver unsolicited e-mail
spread viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines

You may not, except with LocalCertificates.com's express advance authorization or in a specially designated area, use the Website to:

Upload, post, email or otherwise transmit any Content that provides any telephone numbers, street addresses, last names, URLs or email address
advertise or perform any commercial, religious, political or non-commercial solicitation including soliciting other users to become users of services potentially competitive with LocalCertificates.com, within the LocalCertificates.com website.
harm minors in any way
post or transmit any content that in LocalCertificates.com's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site.
solicit personal information from anyone under 18
provide false or deceptive information
use LocalCertificates.com content to engage in commercial activities
delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so
use another user's account to complete transactions
allow usage by others in such a way as to violate LocalCertificates.com's Terms of Use.

6. Modifications to the Website

LocalCertificates.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. LocalCertificates.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

7. Termination

LocalCertificates.com may, under certain circumstances and without prior notice, immediately terminate your LocalCertificates.com account and access to the Website and any other LocalCertificates.com services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other LocalCertificates.com product. Termination of your LocalCertificates.com account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials; and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in LocalCertificates.com sole discretion and that LocalCertificates.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALCERTIFICATES.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF LOCALCERTIFICATES.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LOCALCERTIFICATES.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. LOCALCERTIFICATES.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND LOCALCERTIFICATES.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCALCERTIFICATES.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL LOCALCERTIFICATES.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF LOCALCERTIFICATES.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

End User shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. LocalCertificates.com shall not be liable for any damages to the End User\'s equipment resulting from the use of this Site. The Website is controlled and offered by LocalCertificates.com from its facilities in the United States of America. LocalCertificates.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless LocalCertificates.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of LocalCertificates.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

11. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. LocalCertificates.com is not intended for children under 13. If you are under 13 years of age, then please do not use the LocalCertificates.com Website.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by LocalCertificates.com without restriction.

13. Copyright Notice

The LocalCertificates.com Website is © 2009, Local Certificates. All Rights Reserved and no portion of the Website may be copied, distributed, reproduced, posted, linked, transmitted, derived, or otherwise used for any purpose without the prior written permission of LocalCertificates.com. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

14. Trademarks

All of the LocalCertificates.com trademarks are owned by LocalCertificates.com and may not be used for any purpose without the prior written permission of LocalCertificates.com.

15. General

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and LocalCertificates.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. LocalCertificates.com reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. LocalCertificates.com's headquarters are in the state of Colorado. Any legal issue that arises out of the use of this Website is governed by the laws of Colorado.

16. Violations of These Terms of Use

Please report any violations of the Terms of Use to service@localcertificates.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, LocalCertificates.com.com in its sole discretion may investigate the matter and take such action as LocalCertificates.com.com determines to be appropriate.

17. Certificate Sales

All gift certificates purchased through LocalCertifiates.com include the Terms and Conditions disclosed below, in addition to individual Disclaimers described for each business certificate.

Limit one (1) Certificate per party, per redemption.
Limit one (1) Certificate purchase per business, per 90-day window. Limit three (3) Certificate purchases per business ever.
Certificates cannot be combined with any other certificates, coupons, or promotions.
Certificates do not include tax or tip.
No cash value and no cash back upon redemption.
Void to the extent prohibited by law.
Neither the seller nor the business is responsible for lost or stolen certificates or gift certificate numbers.
Reproduction, sale or trade of this Certificate is prohibited unless done so in compliance with the law.

18. Bidding

Users may place bids on certificates. Users are responsible for the bids placed from their account and by placing a bid, agree to purchase the certificate for the full bid amount should their bid win. If a user has purchased a certificate within 90 days or three times ever, they may not place a bid on the certificate for that same business; any bids placed within this period will be rendered void by LocalCertificates.com. If a user places more than one bid on a specific certificate in the same time period (before the end of the month), the higher bid will be selected, unless the user contacts LocalCertificates.com prior to the end of the auction period to cancel a bid.

19. All LocalCertificates.com Products

All certificates on LocalCertificates.com are promotional certificates offered below face value. They shall be honored by the associated business, subject to the terms and conditions of LocalCertificates.com and the affiliated business. A customer gains the right to print Certificates from LocalCertificates.com upon purchasing a Certificate issued in accordance with the affiliated business. The customer has the right to choose whether or not to print or redeem purchased Certificates, even though LocalCertificates.com encourages them to do so. Certificates must be used in their entirety in one visit and may not be redeemed incrementally. LocalCertificates.com holds no responsibility for any and all injuries, illness, damages, claims, liabilities, and costs suffered by or in respect of a customer, caused in whole or in part by the affiliated business, as well as for any unclaimed property liability arising from unredeemed certificates.