TERMS OF USE
The submission of information to, and use of, the Advertising Service (“Service”) available through the Local Perks Pass, Lugnuts Media, LLC, or any other similar website (the “Websites”) relating to a advertisement, advertising, job listing, or other marketplace owned, operated, or powered by Lugnuts Media, LLC (“Company”) is subject to the following Terms of Use. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user advertiser, customer (“Customer” or “you”) AGREE TO THE FOLLOWING TERMS OF USE and represent and warrant that you have the right, power and authority to agree to and be bound by such terms. These Terms of Use are a legal agreement between Company and you (the “Agreement”).
If you do not agree to these Terms of Use, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Lugnuts Media, LLC, 7000 N. 16th Street, 120-430, Phoenix, Arizona, Company may update these Terms of Use at any time and without notice.
GENERAL PROVISIONS
Advertising Service
The Service is an online advertising business, searching and information service. Company is not a party to any transaction between the advertiser and their customer. As a result, Company does not (a) guarantee or ensure any business services or products offered or advertised, or any transaction between the advertiser and customer. Company does not guarantee any results from using the Service.
License Grant and other Rights of Company
With respect to job listings, advertising, deliverables, content and other information Customer submits to Company through the Website(s) (“Customer Content”), Customer grants Company and its affiliates and their licensees the express permission for Company to use and display the Customer Content you provide to Company, or any modification thereof, on the Websites and other Company-affiliated or partner products and sites. Company shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a listing or refuse Services to anyone at any time in its sole discretion. Company shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the listings. Company reserves the right to modify or change any and all Terms of Use at any time.
Company Communication
Company utilizes email as a vital and primary communication channel with customers. As a user, Customer hereby consents to Company communicating and grants Company permission to communicate with customer via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use commercially reasonable to honor Customer’s request to opt out of marketing messages, but in every circumstance Company shall comply with applicable law with respect to such opt-out request and under no circumstances will Company have any liability for sending any email to its users/customers. With respect to sharing any personal data with third parties, Company does so in compliance with applicable law. For more information, please visit Company’s Privacy Notice.
Customer Privileges
Customer privileges are granted by Company to individuals exclusively and are granted specifically to the customer only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Company. Company requires that each user maintain a valid email address. Company has the right to refuse service to any customer that refuses to abide by the Terms of Use herein or abuses their rights related to the Company service.
Submission and Administration of Advertising and Job Listings
Customer agrees not to submit through the Websites any Customer Content containing, photograph, financial, contact or any other listing information to publish and advertise their business using the Service unless Customer has received all necessary rights, consents and/or authorizations from the appropriate parties, including, without limitation, photographers and/or copyright owners of any photographs. Customer agrees not to submit any image to Company which contains any misrepresentations or unsuitable, inappropriate or controversial content, or otherwise violates any terms of this Agreement. Company reserves the right to remove any images in violation of this provision. Customer agrees that all images submitted for publishing represent their business or category exclusively, and do not include any contact information, website addresses, phone numbers, or any overlay text or graphics of any kind. Only paid advertising on the Company Websites published using the Service is permitted for each business (e.g., multiple business advertisements within a job listing, or multiple job listings for the same opportunity, is not permitted). The Customer agrees to allow the ad or job listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website or the Company Websites. The Company shall have the sole authority to choose the manner in which any ad or job listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites and Company shall have the right to modify the listing in the exercise of its rights under this Agreement. Customer (a) represents and warrants that all business ads and job listings and associated information provided by Customer will be accurate, and to the extent applicable, Customer has acquired or obtained all the required licensing, permits and legal authority to advertise and sell in the locations which it is advertising; (b) agrees that Customer will not permit the posting of a ads or job listings on the Websites under a name other than that of the business owner or the named licensed business that have been engaged by the business owner to advertise or provide authorized marketing services to the business under the terms of a duly executed, active agreement with the owner; (c) agrees to administer and maintain the accuracy of ads or job listings provided by Customer at all times, (d) shall ensure (and shall require its sales agents, if applicable) to respond to all customer inquiries relating to the ads or job listings in a professional and respectful manner.
Company accepts no responsibility for checking the accuracy of ads or job listings or data files submitted by Customer and will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Company.
Use of Information
Content and Customer uses Content at the Customer’s own risk. Customer may access the Content solely to obtain initial information from which further Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. Customer shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service. Customer shall not access or use any portion of the Service if you are a direct or indirect competitor of Company, nor shall you provide, disclose or transmit any portion of the Service to any direct or indirect competitor of Company (by way of example, a “direct or indirect competitor” of Company includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services). Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their contracts, insertion orders, without refund or responsibly by Service and will be assessed an excessive use fee of $500.
Term and Termination
The Company offers subscriptions, insertion contracts, and other deliverables to the Service through a number of products which vary and follow the term, renewal, and billing provisions as described below.
Individual Listings. Customer may select weeks or months, or annual advertising and job listing term. Customer agrees to pay for the full value of the term (equal to the number of months in the term multiplied by the monthly rate) at the beginning of the initial term. Customer may cancel a listing at any time after the initial term, but the cancellation will take effect at the expiration of the then-current term. Customer agrees to provide written notice of such cancellation at least 10 business days before the end of any initial term or renewal month. Customer agrees that the fees paid for the initial term or any renewal month are non-refundable.
Company reserves the right to terminate a Customer’s advertising contract and/or insertion order at any time without prior notice. Cause for termination includes, but is not limited to, breaches or violations of the Terms of Use, requests by law enforcement, inappropriate, unsuitable, controversial, fraudulent or illegal activity by you, discontinuance or material modification of Company services, nonpayment of fees owed by you in connection with Company services, account inactivity or technical or security issues. Upon termination, Company shall have no obligation to maintain or forward any content in your account. In addition, the Company may require additional evidence of compliance with the provisions of this Agreement from Customers who are alleged to have submitted ads or job listings or other information in violation of this Agreement.
Payment Terms
Customer agrees to pay for all advertising and job listings ordered through the Company website, or via Company client services personnel (“Client Services”) using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all Deliverables to the customer. The fees paid for advertising, job listings or other services, are non-refundable, regardless of whether the subscription is terminated prior to the end of the month or term. Fees paid for advertising and/or job listings and other products are not refundable. The product, service, and/or insertion order, contract, will be deactivated at the end of the current billing term. Company reserves the right to change its fees or billing methods at any time. Company will provide timely notice to the affected Customers of any such changes. It is Customer’s responsibility to promptly provide Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
The Customer must notify Company about any billing problems, disputes or discrepancies (“Disputes”) within three (3) days after charges first appear. If Customer does not notify Company of a Dispute within nthree (3) days, Customer agrees to waive their right to dispute such problems or discrepancies.
Email Services; Unsolicited Commercial Email (Spam)
Company prohibits the use of its system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email services that Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms of Use. Customer may not use the listing contact form to promote products or services. Company has the right to revoke the privileges of any customer or company that breaches these terms. The email services that Company offers is intended to be used by users for business purposes. Customer has no expectation of privacy in its use of such email services. Customer’s use of the email services constitutes consent to monitoring, retrieval and disclosure to third parties of any information provided within the email service. Customer’s contact information supplied via the email services shall be used by Company in accordance with its Privacy Statement located on the website.
Ownership
Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the Websites and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others via manual or automated means (including the use of any robot, spider or other automated process): reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Company’s technology or delete or alter author attributes or copyright notices. Customer shall use the Company system solely for their own use and shall not allow others to use the Company system under or through that Customer’s login ID/email and password. Further, customer shall not use Company products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and Company’s entire liability under this Agreement shall be a refund to Customer of the fees paid to Company hereunder, and in no event will Company’s liability for any reason exceed such fee. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify Company (and Company’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables.
Warranty Disclaimers
ALTHOUGH COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE LISTINGS AND SERVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” COMPANY DOES NOT ENDORSE OR RECOMMEND ANY COMPANY CONTENT ARISING OUT OF THE SERVICE AND CUSTOMER USES SUCH COMPANY CONTENT AT CUSTOMER’S OWN RISK. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Links to Third Party Sites
This website may contain hyperlinks or contact forms that connect you to other websites operated by parties other than Company which are beyond Company’s control. Parties other than Company may provide services or sell product lines on this site that take you outside of Company’s service. This includes links from advertisers, sponsors, and content partners that may use Company’s logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off of the Company site. Company does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. In addition, you may fill out a form that delivers, at your direction and consent, the information you submit to another site. Company does not assume any liability for the actions, product, or content of any of these and any other third parties. Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the Company site or submit information through a form that is delivered to a third party site, such third party site is not controlled by Company and different terms of use and privacy statements may apply. Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Procedure for Making Notification of Claims of Copyright Infringement
Company and its affiliates respect the intellectual property of others, and Company asks those posting or transmitting any content to or through Company’s services or any associated websites to respect copyright law. It is the policy of Company to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use the services and any associated websites by individuals or entities that repeatedly submit infringing content in violation of these Terms of Use. If you believe that your work has been copied and is available on any Company website or Company’s other online services in a way that constitutes copyright infringement, you may notify Company according to the notice requirements of the Digital Millennium Copyright Act (“DMCA”) and any other applicable law. Pursuant to 17 U.S.C. Section 512, Company’s DMCA registered agent can be reached as follows: by mail to Lugnuts Media, LLC, 7000 N. 16th St., 120-430, Phoenix, AZ 85020, (Attn: Director); by e-mail: ads@localperkspass.com; Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.
Miscellaneous
This Agreement, the Service and the Deliverables provided by Company shall be governed by the laws of the State of Arizona, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Maricopa County, Arizona. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Company, which retains the right to withhold consent in its sole discretion. The Terms of Use of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Director at Company.
Company also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate advertisement or job listings or other deliverables.
The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
Cancellations may be made at time of renewal of advertisement. Cancellations must be received by either email or in writing. No refunds or reimbursements apply.