Terms and Conditions
Welcome to Local Perks.com. The following are the rules ("Terms") that govern use of the Local Perks.com Web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Local Perks, Inc. ("Local Perks") reserves the right to change these Terms at any time, effective immediately upon posting on the Site.
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by Local Perks.
USE VOID WHERE PROHIBITED
Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
Registering with Local Perks
My Local Perks Account
If you register for a "My Local Perks" account, you will be allowed to save and personalize Local Perks content, receive and view offers from businesses listed on the Local Perks system. By having a "My Local Perks" account with Local Perk you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, Local Perks may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that Local Perks believes is appropriate.
Although Local Perks cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of Local Perks.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
You may not use the Site if you are under thirteen (13) years of age.
Violation of the Terms
LOCAL PERKS, INC. DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. LOCAL PERKS, INC. CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LOCAL PERKS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOCAL PERKS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
Local Perks, Inc. disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Local Perks, Inc. users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. Local Perks, Inc. is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Local Perks at legal@LocalPerks.com. Local Perks may investigate the claim and take appropriate action, at its sole discretion.
LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL LOCAL PERKS, INC. BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF LOCAL PERKS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas, City of Austin.
You agree to indemnify and hold Local Perks, Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.