Effective Date: October 1, 2023
These Terms of Use (“Terms”) control your engagement with the website LocalThree.com (“Site”), administered by Local Three (“Local Three,” “we,” “us,” “our”). The Terms constitute a binding legal agreement between you and us. By accessing the Site, you give your explicit consent to abide by these Terms. If you disagree with any part of these Terms, you are not allowed to use the Site.
NOTE: BE AWARE OF THE ARBITRATION CLAUSE PROVIDED BELOW. UNLESS OTHERWISE RESTRICTED BY LAW, YOU ARE REQUIRED TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH LOCAL THREE ON AN INDIVIDUAL BASIS. INDIVIDUAL ARBITRATION MEANS THAT YOU ARE GIVING UP THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS, AND YOU WILL NOT BE ABLE TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Registration, Account Creation, and Passwords
Access to certain areas of the Site may require or allow you to create an online account. You commit to providing accurate and truthful information during the account creation process, and to maintaining the accuracy of any submitted information.
You are tasked with keeping your password confidential, and you must notify us of any known or suspected unauthorized use of your account. You agree that you are accountable for all actions or omissions that occur on your account while your password is being used. We reserve the right to suspend or cancel your account if we believe you have violated these Terms. If we suspend or cancel your account access, you may be barred from accessing the Site (either temporarily or permanently), your account details, and/or any files or other content contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you.
[1. Accuracy, Completeness and Timeliness of Information]
We are not responsible if information made available through the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Site.
[2. User Conduct]
By using the Site, you agree to not use the Site in any manner that:
- Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
- Interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way;
- Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Causes Local Three to lose (in whole or in part) the services of our Internet service providers or other suppliers;
- Links to content, directly or indirectly, to which you do not have a right to link;
- Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Local Three in its sole discretion;
- Violates, or encourages anyone to violate these Terms, any ancillary terms and conditions listed on the Site, or the Privacy Policy; or
- Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.
Local Three shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Site for any reason, including to determine compliance with these Terms.
[3. Linking]
We welcome links to the Site. You are usually free to establish a hypertext link to the Site so long as the link does not create a false implication of sponsorship or endorsement of your site by the Site or by Local Three.
[4. No Framing]
Without the prior written permission of Local Three, you may not frame, make it appear that a third-party website is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site or Local Three into another website or other service.
[5. Copyright and Trademark Ownership]
The Site and its content, features and functionality, including, without limitation, information, text, graphics, logos, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Local Three Content”), are the exclusive property of Local Three, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. You may download information from the Site and print out a hard copy provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or Local Three Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Local Three or any applicable third party suppliers. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
We are providing you with access to the Site pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Site for personal, non-commercial use, and subject to these Terms. This license is available to you as long as you are not barred from the Site by applicable law, your account is not terminated by us or by you, and your right to use the Site is not otherwise prohibited by us. If these Terms are not enforceable where you are located, you may not use the Site. Local Three reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
[6. Your Intellectual Property Rights and License Grant]
Some features on our Site may allow you to post or submit content and materials for publication on the Site (“Your Content”). You own any intellectual property rights to Your Content, but you grant Local Three a royalty-free, perpetual, irrevocable, worldwide, unlimited, sub-licensable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) Your Content in any media or medium, and in any form, format, or forum now known or hereafter developed.
Local Three will have the right, but not the obligation, in our sole discretion, to edit, move, delete, or refuse to make available any of Your Content made, submitted or posted through the Site for any reason, including for violation of these Terms or in connection with account termination procedures addressed in Section 1. That being said, you are responsible for Your Content, and acknowledge that, once published, we cannot always remove it.
[7. Links to External Websites]
The Site may contain links to other websites, including third-party advertisements located on the Site. We are not responsible for the availability of these external websites nor do we necessarily endorse the activities, services, or products available or offered through such websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on such external websites or third-party advertisements.
[8. Privacy]
Please see our Privacy Policy for information on our privacy practices, including how we collect, use and disclose personal information.
[9. Disclaimer of Warranties]
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED “AS IS.” LOCAL THREE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW. LOCAL THREE DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LOCAL THREE OR A REPRESENTATIVE SHALL CREATE A WARRANTY. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTIES, CONDITIONS, OR GUARANTEES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LOCAL THREE DOES NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. LOCAL THREE DOES NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. LOCAL THREE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, LOCAL THREE DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL LOCAL THREE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
[10. Limitation of Liability]
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, LOCAL THREE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITE, EVEN IF LOCAL THREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SITE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE, OR (v) ANY OTHER MATTER RELATING TO THE SITE.
WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF LOCAL THREE, ITS PARTNERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, LOCAL THREE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
[11. Dispute Resolution and Agreement to Arbitrate]
The laws of certain jurisdictions do not allow for mandatory arbitration. If these laws apply to you, some or all of the mandatory arbitration requirements below may not apply to you, and you may have additional rights.
Except where and to the extent prohibited by law, by using the Site, you and Local Three agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of these Terms or any part of it, other than disputes relating to Local Three’s intellectual property (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty days in which to respond to or settle the Dispute. Notice shall be sent to:
- Us at: Local Three, ATTN: Privacy, 926 Hemphill Ave NW, Atlanta, GA 30318; and
- You at: your last-used billing address or the billing and/or shipping address used upon check-out on this website.
Both you and Local Three agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
Notwithstanding the foregoing, you and Local Three may exercise any rights under applicable law to bring an action before a court or tribunal, or to seek a legal remedy, to the extent that arbitration of such rights cannot be required by contract.
[12. Choice of Law and Choice of Forum]
Except as otherwise provided herein and subject to applicable law, these Terms have been made in and shall be construed in accordance with the laws of Georgia, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision above shall be resolved by a court located in the Atlanta, Georgia area and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
[13. Digital Millennium Copyright Act Notice continued]
We may give notice to our users by means of a general notice on any of our Sites, electronic mail to a user’s email address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
[14. Modification of these Terms and Termination]
We reserve the right to modify these Terms at any time. When we do so, we will update the “Last Updated” date above. You will be notified of any material changes to these Terms via a posting on the Site and/or via email at the email address we have on file for you.
We retain the right to terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of a breach by you of these Terms.
[15. Contact Us]
If you have any questions, comments or concerns about these Terms, please contact us at:
Local Three
Website: https://LocalThree.com/