Privacy Policy

Last Updated January 2012

The Scope of this Privacy Policy

ELOCAL USA LLC, ELOCAL.COM and all the affiliated eLocal directories ("ELOCAL", "we," or "our") believe that your privacy is very important. This Privacy Policy addresses the privacy of the visitors to this Web site ("Site" or "Web site"), including the information we collect, how that information may be used and shared and the steps we take to protect your privacy.

What Information We Collect and How We Use It

Information We Collect

ELOCAL collects personal information when you register with ELOCAL, when you use ELOCAL products and services, when you visit ELOCAL pages or the pages of certain ELOCAL partners, and when you enter promotions or sweepstakes.

We may, additionally, track non-personal information about your visit, including the domain name and the name of the Web page from which you entered our Site, how much time you spend on each of our pages, and the IP address associated with your computer. We use this information to improve the performance and operation of our Site.

When you fill out one of our online request forms (e.g., Get Quote forms) we ask you for your name, email address, contact phone number and description of your need. This information is forwarded to local businesses, either directly or via our network of partners, in order for them to contact you directly. We may also follow up with you to find out about your experience with the Site and to make you aware of other services we offer.

When you sign up to be a member of ELOCAL, we may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information to ELOCAL, the information may be sent to servers located in the United States and other countries around the world.

We may collect and store any personal information you enter on ELOCAL or provide to us in some other manner including through surveys conducted on ELOCAL. This includes identifying information, such as your name, address, e-mail address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender and age, and other demographic information as well as public information such as user ratings and reviews, saved searches, lists, and other information you view on ELOCAL.

We may also collect and store personal information about other people that you provide to us. If you use ELOCAL to send others information that may interest them or messages through our Site, we may store your personal information, and the personal information of each such recipient.

ELOCAL collects information about your transactions with us and with some of our business partners, including information about your use of products and services that we offer.

ELOCAL automatically receives and records information on our server logs from your browser, including your IP address, ELOCAL cookie information, and the page you request.

ELOCAL uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide statistical reporting for internal and external clients.

ELOCAL may record calls to businesses listed on our Site. Such recordings may or may not be preceded by a notification that the call is being recorded. However, we do not record calls where there is an expectation of client privilege (e.g., attorney-client privilege).

Your Ability to Opt-Out of eLocal Emails

Site users can at any time opt out of receiving emails from ELOCAL. For ELOCAL advertisers, we reserve the right to send you certain communications relating to the ELOCAL service, such as service announcements and administrative messages that are considered part of your ELOCAL account, without offering you the opportunity to opt-out of receiving them.

Cookies and Related Technologies

A cookie is a small file that is stored on the hard drive of your computer, ready for future access when you return to our Site. We may use cookies to tailor and improve the content we deliver to you while you are on our Site. The cookies do not contain or capture any personal information. You can configure your computer's browser to alert you when a site is attempting to send you a cookie, and then you can accept or refuse the cookie. Your decision to refuse cookies from ELOCAL will not prevent you from using our Site, but may limit your ability to take advantage of some of our advanced features.

On some of the pages on our Site we may also use small bits of computer code called "one-pixel gifs," "clear gifs," or "Web beacons" embedded in Web pages to monitor the activity on our Web site. Again, the technology does not capture or contain any personal information.

Children

Protecting the privacy of the very young is especially important. The ELOCAL Web site is not designed to attract children under the age of 13 and ELOCAL does not knowingly collect personal information from children on our Web site.

Third Party Advertisers and External Links

ELOCAL Web sites may accept advertisements from third-party advertisers or provide links to external Web sites. Please check the privacy policy of these advertisers and sites for information regarding their collection of information and use of cookies. We are not responsible for the content or privacy practices of other Web sites. Our partners or advertisers may use third parties to serve or present the ads that appear on our Site. These third parties may place cookies on your browser when you visit our Site. Any third party cookies are subject to the privacy policy of the company placing them.

Information We Disclose To Third Parties

We may use aggregated information concerning how visitors use our Web site and share such information with third parties in order to improve our Web site and to help us attract advertisers and listings. For example, we may share how many individuals visited our Web site and on average how long they stayed on each page. Such use and sharing of aggregated information will not reveal any of your personal information to third parties.

ELOCAL does not rent, sell, disclose or share personal information about you with other people or nonaffiliated companies except as disclosed in this Privacy Policy or to provide products or services you've requested, when we have your permission, or under the following circumstances:

• We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
• We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of ELOCAL's Terms and Conditions, or as otherwise required by law;
• We transfer information about you if ELOCAL is acquired by or merged with another company. In this event, ELOCAL will notify you before information about you is transferred and becomes subject to a different privacy policy.

ELOCAL does not provide any personal information to the advertiser when you interact with or view an ad.

Security

ELOCAL takes your security seriously and takes reasonable steps to protect your information. No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any firewalls or secure server software we may employ. ELOCAL continues to evaluate and implement enhancements in security technology and practices; however we can only take steps to help reduce the risks of unauthorized access.

If ELOCAL learns of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Web site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this Site. ELOCAL may post a notice on our Web site if a security breach occurs. If this happens, you will need a Web browser enabling you to view the ELOCAL Web site. ELOCAL may also send an e-mail to you at the e-mail address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving an electronic notice) you should notify us at correspondence@elocal.com.

If you believe your ELOCAL account has been compromised, please report the incident using our contact form. In the event that you believe that your personal safety is at risk or if you believe that you may be the victim of identity theft or other illegal conduct, please contact the appropriate federal, state or local law enforcement agencies directly.

Privacy Policy Updates

This Privacy Policy supersedes and replaces all previously posted Privacy Policies.

Our Privacy Policy is regularly reviewed and revised to make sure we continue to serve the best interests of our customers. We reserve the right to update this Privacy Policy to reflect any changes. If we decide to change our Privacy Policy, we will post those changes to this Policy and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If the change would cause us to use or disclose personal information in a manner that is materially less restrictive from that stated at the time of collection, we will notify you before implementing the change.

Contacting Us: Questions, Comments, & Concerns:

ELOCAL will happily address any concerns about its online privacy practices and policies; please e-mail us at correspondence@elocal.com.

Terms & Conditions

Last Updated January 2012

YOUR ACCEPTANCE OF THIS AGREEMENT. This is an agreement between you (" you" or "your" ) and ELOCAL.COM, ELOCAL USA LLC, and all the affiliated eLocal directories ("ELOCAL", "we," or "our") that governs your use of this Web site ( "Site" or "Web site" ). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions ( "Terms" ), that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately.

YOUR OBLIGATIONS.

In using the Site, you will:

• Obey the law;
• Obey any codes of conduct or other notices we provide in these Terms;
• Keep your account password secret; and
• Promptly notify us if you learn of a security breach related to the Site.

In using the Site, you MAY NOT:

• Use the Site in a way that harms us, our affiliates or our advertisers (collectively, the "ELOCAL parties"), or any customer of an ELOCAL party;
• Use any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
• Contact any of the businesses on our Site for commercial purposes or employment inquiries;
• Use any automated process or service to access and/or use the Site (such as a BOT, a spider, periodic caching of information stored by ELOCAL "meta-searching");
• Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Site;
• Damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with anyone's use and enjoyment of the service; or
• Resell or redistribute the Site, or any part of the Site.

CHANGES TO THE TERMS AND THE SITE.

We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent and acceptance to the changes.

HOW YOU MAY USE OUR MATERIALS.

We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects on the Site. We provide the information, content or advertisements (which we collectively call the "Materials" ) on the Site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. Accordingly, you may view and use the Materials found on the Site for internal, non-commercial, informational purposes only, provided you keep intact any copyright and other proprietary notices. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Site. You may not use the Site to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by ELOCAL, its subsidiaries, parent companies, and/or any third party owner of such rights.

HOW YOU MAY USE OUR MARKS.

The ELOCAL company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from ELOCAL or its wholly-owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this Site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any ELOCAL name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of ELOCAL.

HOW WE MAY USE INFORMATION YOU PROVIDE TO US.

Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

RULES REGARDING POSTING CONTENT.

You agree that the content you post to the Site will not:

• Violate any federal, state, or local law or regulation.
• Violate the standards of good taste or the standards of this Site.
• Defame any individual or business or accuse others of any type of illegal activity.
• Be abusive, harmful, offensive or discriminatory against protected classes.
• Use expletives, profanity, obscenities, harassment, vulgarities, or sexually explicit material.
• Be a shill, deceptive advertisement or a post for which you were compensated directly or indirectly to make.
• Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
• Contain personal information or messages including email addresses, URLs, phone numbers and postal addresses.
• Be for commercial purposes (e.g., solicitations, spam, surveys, etc).
• Be intended to impersonate another individual or business.
• Contain material that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

You may not assert or imply that your posted content is in any way sponsored or endorsed by ELOCAL. You are solely responsible for the content that you post, and you assume any and all risks and liability that may arise from your posted content.

ELOCAL reserves the right, but not the obligation, to refuse to post, reinstate, disable from view or remove any user content that we determine, in our sole discretion, to be in violation of our Terms.

OWNERSHIP OF CONTENT.

Any Content that is submitted on the Site shall be owned exclusively and in perpetuity by ELOCAL. You represent that you have the necessary permissions to use, and transfer to ELOCAL the exclusive ownership and use of, the posted content. Such exclusive ownership means that ELOCAL, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, license, reproduce, modify, translate, transmit, and distribute any and all content that you post. ELOCAL is under no obligation to give credit or pay any consideration to you for your content. You waive completely and in perpetuity any claims and rights associated with your posted content.

PRIVACY POLICY.

Use of our Site is also subject to the Terms and Conditions of our Privacy Policy (www.elocal.com/information#Privacy) and our Site is intended for use primarily by persons 18 years or older.

REGISTRATION AND USER ACCOUNTS.

We offer two types of accounts: (i) Individual Accounts; and (ii) Business Accounts.

An "Individual Account" is an account for your personal, non-commercial use only. In creating an Individual Account, you represent that you have provided complete and accurate personal information. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Individual Accounts. Refer to our Privacy Policy for more information.

A "Business Account" is an account to be used solely for the purpose of managing your ELOCAL business listing, profiler and account. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own. As a Business Account, you also agree to be bound by the Additional Terms and Conditions for Advertisers. If you are no longer an authorized representative of the business in question, you must close your Business Account immediately.

To the extent you register and create an Individual or Business Account on our Site, you may be required to provide ELOCAL with certain information about yourself or your business, including some types of personally identifying information. You are fully responsible for all usage and activity on your account, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us at service@elocal.com. ELOCAL may suspend or terminate your account and your ability to use the login related services on the Site for failure to comply with these Terms, for providing ELOCAL with untrue or inaccurate information, for infringement upon ELOCAL proprietary rights, or for any other reason whatsoever or for no reason.

INTERNET SECURITY AND PASSWORDS.

We use reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to ELOCAL via the Site or the Internet, including, for example, personal information such as your name or address. You are responsible for taking all necessary steps to ensure that no unauthorized person gains access to your ELOCAL password or account.

RECORDING OF PHONE CALLS.

By using our Site you consent to the fact that your calls to businesses listed on our Site may be recorded. Such recordings may or may not be preceded by a notification that the call is being recorded. However, we do not record calls where there is an expectation of client privilege (e.g., attorney-client privilege).

MONITORING OF MATERIALS TRANSMITTED BY YOU.

Changes may be periodically incorporated into this Site. ELOCAL may make improvements and/or changes in the products, services and/or programs described in the Site and the Materials at any time without notice.

We are under no obligation to monitor the material residing on or transmitted to this Site. However, anyone using this Site agrees that ELOCAL may monitor the Site contents periodically to: (i) comply with any necessary laws, regulations or other governmental requests; (ii) to operate the Site properly or to protect itself and its users. ELOCAL reserves the right to modify, reject or eliminate any material residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms.

DELETIONS FROM SERVICE.

ELOCAL reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of ELOCAL, may be, defamatory, infringing or violate of applicable law. ELOCAL reserves the right to exclude Material from the Site. Materials submitted to ELOCAL for publication on the Site may be edited for length, clarity and/or consistency with ELOCAL editorial standards.

THIRD PARTY SITES.

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that ELOCAL is not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. You acknowledge and agree that ELOCAL is not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the Site. ELOCAL does not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Site.

THIRD PARTY SEARCH RESULTS.

Within its business listings, ELOCAL may also display business listings obtained from other third party sites. ELOCAL has no control over the listings or other content provided by these third party sites. ELOCAL cannot guarantee, represent, or warrant that the content contained in these sites is complete, accurate, legal, and/or inoffensive. ELOCAL does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site, you agree and understand that you may not make any claim against ELOCAL for any damages or losses, whatsoever, resulting from your use of the Site, including information displayed from third party sites.

NO ENDORSEMENTS MADE BY ELOCAL.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions ("Promotions") or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Site. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Site (the "Products" ).

VIOLATION OF THE TERMS.

You agree that monetary damages may not provide a sufficient remedy to ELOCAL for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

CONTENT DISCLAIMER.

ELOCAL communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. ELOCAL has no control over the accuracy of such information on our pages, and material on the Site may include technical inaccuracies or typographical errors. We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage. All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while browsing the Internet. ELOCAL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site. Where appropriate, we will endeavor to update information listed on the Site in a timely basis, but shall not be liable for any inaccuracies. Links to external Internet sites are provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by ELOCAL or its affiliates. ELOCAL does not make any representations regarding the availability and performance of the Site or any of the Web site to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser may automatically direct you to a new browser window that is not hosted or controlled by ELOCAL. ELOCAL and its affiliates are not responsible for the content, functionality, or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship. Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web sites. We do not fully screen or investigate business listing Web sites before or after including them in directory listings that become part of the Materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

WARRANTY DISCLAIMER.

Any use of the Site, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. ELOCAL disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the ELOCAL results. THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ELOCAL DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. ELOCAL DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELOCAL DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL ELOCAL BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF ELOCAL IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. ELOCAL DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

COMPLAINT PROCEDURES.

We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512) ("DMCA")):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Include the following statement "I swear under penalty of perjury that the material that was removed or disabled from access was due to a result of mistake or misidentification of the material to be removed or disabled.";
• Provide your physical or electronic signature;

If you believe that any content or postings on this Site violates your rights, other than intellectual property rights, please notify us, providing a comprehensive detailed message setting forth the following information:

• Your name and the name of your company, if any;
• Your contact information, including your e-mail address;
• The nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and
• The following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."

MISCELLANEOUS.

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of laws, provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Montgomery County, Pennsylvania. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and an authorized representative of ELOCAL. ELOCAL reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. ELOCAL reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Advertiser Terms and Conditions

YOUR ACCEPTANCE OF THIS AGREEMENT.

In addition to being bound by the Terms as described above for Site users, as an Advertiser on our Site, you are also agreeing to be bound by these Terms and Conditions for ELOCAL Advertisers ("Advertising Agreement").

TERM.

The term of this Advertising Agreement commences on the date your ads are placed live on our Site. The specifics of your advertising package such as coverage area, ad types and monthly billing are confirmed in an email sent to you or your representative ("Advertising Program" or "Advertising"). This email will supersede any oral understandings or commitments. Your Advertising Program will automatically renew until cancelled by you in writing. We do not offer any refunds or proration.

CANCELLATION.

Your Advertising Program may be cancelled at any time by Notice as per this Advertising Agreement. Upon cancellation, your advertising will remain on the Site until the end of the period for which you have most recently paid. ELOCAL also reserves the right to cancel your Advertising Program at any time. Any breach of this Advertising Agreement will also result in immediate cancellation and removal from the Site with no refund or proration. Upon cancellation, your account will lose any associated placement seniority.

TYPES OF ACCOUNTS AND BILLING.

We offer two types of advertising plans: (i) Monthly Subscription Fee Plan; and (ii) Pay for Performance Plan.

For Monthly Subscription Fee Plan ("Fixed Fee"), advertisers pay a fixed monthly amount for their advertising program without regard to the quality or quantity of the advertising results. Fixed Fee accounts are automatically renewed monthly on the account anniversary date.

For Pay for Performance Plan ("PFP"), advertisers establish a budget which is then depleted based on activity (i.e., phone calls, leads and website clicks). PFP accounts are only charged for "valid" calls. A call is valid when a consumer is inquiring about your services or when a local caller reaches an answering machine and chooses NOT to leave a message. Solicitations, wrong numbers, and repeat calls from the same caller within a 30 day time period constitute "Invalid" calls. Once a PFP budget is depleted, the advertiser's credit card will automatically be charged to replenish the budget.

Your Advertising Program will automatically renew until cancelled by you in writing. We do not offer any refunds or proration.

ELOCAL reserves the right to increase our advertising rates at any time. Upon such notification, your billing will increase to the new rates for your next billing cycle.

If we attempt to bill your credit card and it is declined or we are unable to process payment for any reason, we reserve the right to cancel your account. Upon cancellation, your account will lose any associated placement seniority.

You will be liable for all charges to your credit card for your Advertising Program unless you have proof of cancellation. You agree to contact us immediately to the extent charges from us continue to hit your credit card statement after you believe you requested cancellation. If you continue to accept charges from us for more than one credit card cycle without notifying us then that will indicate your continued acceptance of our advertising services.

To the extent you attempt to dispute our charges after accepting our advertising services, you agree to pay any attorneys' fees and costs that our agents or we incur in subsequently collecting the disputed amounts. You will pay any sales, use or other local, state, federal, foreign or other taxes or governmental fees arising out of or in connection with this Advertising Agreement, other than taxes based on our net income.

REQUIREMENT FOR PLACING ADVERTISING.

You may be able to place advertisements in oral through the Site. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:

• all advertising content is accurate, complete and current;
• you have all necessary rights, power and authority to publish the advertising content;
• the advertising content, and any web site listed or linked to from the advertising content:
• • complies with all applicable laws and regulations;
  • does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
  • does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
  • does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
• you possess documents substantiating all claims, express and implied, contained within the advertising content.

USE OF THE TERM "EXCLUSIVE ADVERTISING".

We use the term "Exclusive Advertising" to describe some of the available advertising on our Sites. We use this wording for promotional purposes only and will determine, at our sole discretion, if the advertising will continue to be sold to only one business. If at any time we feel it is in the best interest of the Site to allow more than one advertiser to sponsor an area then will give the current advertiser advance notice such that the change would not take effect until the next billing cycle.

DISTRIBUTION OF YOUR LISTING INFORMATION TO THIRD PARTIES.

You understand and agree that we may provide your business listing information to other sources, including other online or offline directories or 411 type services. ELOCAL may also "power" other sites with our listing data. All of these third party sites will be collectively referred to as "Distribution Sites." The purpose of our providing your business listing to Distribution Sites is generally to provide additional exposure for your business.

ASSIGNMENT OF CALL TRACKING NUMBERS ("CTN").

You understand and agree that we may assign an individual CTN to your business listing either on our Site or on the listings provided to Distribution Sites. CTNs may be assigned to your business in order to better track calls received by you as a result of our efforts. You also consent to the fact that calls received through the CTN may be recorded by us. Such recordings may or may not be preceded by a notification that the call is being recorded. However, we do not record calls where there is an expectation of client privilege (e.g., attorney-client privilege).

ADVERTISER REPRESENTATIONS.

You are making the following representations and we and any other Distribution Site that we share your listing will be relying upon them: (i) that you are authorized to advertise and display the requested business, product or service, (ii) you are a business, not a consumer, (iii) that the content of any advertisement is truthful and not misleading, (iv) that you are in compliance with all laws and licensing requirements relating in any manner to the goods or services displayed or to your advertisement, and (v) that you have the right to use and publish any requested name, address, trade name, trademark, service mark, picture, likeness, reproduction, endorsement, copyrighted or copyrightable item or other content and that such use complies with all applicable laws, license agreements and other obligations. Without limiting any of our other rights or remedies, you agree to notify us immediately in writing at any time that you discover or suspect that any of these representations is not true and correct in all respects.

INTELLECTUAL PROPERY RIGHTS.

You assume sole responsibility for the protection of any copyrights, trademarks, service marks, trade names and other intellectual property owned wholly or partially by you or which you are authorized to use or display. If we receive notice or documentation demonstrating that another person or entity contests your right to use or display a name, trademark, service mark or other content, we may reject or discontinue your advertising program without liability to you until such time you have resolved that dispute with the other party to our satisfaction. As to advertising we create for you, including our business profiles, whether in whole or in part, and any derivative work that we create from your content, you acknowledge that we are an author and assign to us all rights in and to any independently copyrightable contribution you might have made to the advertising. You further acknowledge that we retain all right, title and interest, including the copyright, in such advertising and that neither you nor we intend for such advertising to constitute a joint work. You grant us a nonexclusive license during the term of this Advertising Agreement, including the right to sublicense, to copy, distribute, create derivative works based upon, publicly display, publicly perform and otherwise use any trademark, service mark, graphics, text or other content you provide to us in connection with our performance of our obligations under this Advertising Agreement. Upon termination of this Advertising Agreement, we are not obligated to return any of these works to you.

SITE DESIGN, ADVERTISING PLACEMENT, AND SERVICE INTERRUPTION.

We may modify the organization, structure and/or "look-and-feel" of our Sites at any time and without notice; we may discontinue or add Distribution Sites at any time in our sole discretion. Although we assign each advertiser a seniority date, such assignment is internal to us and does not confer any rights to you. We or any Distribution Site may position your advertisement on any page within the appropriate sites, in any position upon such page, in any sequence and in association with any classified heading or keyword(s) we or any Distribution Site deems appropriate unless otherwise specifically provided to you in writing.

Neither we nor any Distribution Site make any representation or warranty with respect to traffic or usage statistics regarding actions on our site or on any Distribution Site or the levels of impressions, cost per click, or click-through rates or the quality or conversion rate for any advertisement. An "impression" means each occurrence of a display of an advertisement. Neither we nor any Distribution Site will have any liability to you and you will remain responsible for all moneys owed to us should there be an interruption in our Web site or any third party site or other interruption in our services hereunder for any period of time, although we may, in our sole discretion, issue credits or extend the term of this Advertising Agreement in the event of interruptions lasting several days or longer.

WARRANY DISCLAIMER.

NEITHER WE NOR ANY DISTRIBUTION SITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE), REGARDING THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF THE ADVERTISEMENTS, LINKED SITES, ANY SITE WE MAY CREATE FOR YOU, OR OTHERWISE UNDER OR RELATED TO THIS ADVERTISING AGREEMENT.

ASSIGNMENT.

You may not resell, assign, transfer or delegate any of your rights, duties or obligations without our prior written consent, which we may grant or withhold in the exercise of our absolute and sole discretion; in the event we give such consent, the assignee must, without any reservation, assume all of your rights, duties and obligations. Any attempt to resell, assign, transfer or delegate such rights, duties or obligations without our prior written consent shall constitute a breach of this Advertising Agreement and shall be of no force or effect. We shall have the right to subcontract performance of our obligations hereunder or to assign or otherwise transfer this Advertising Agreement or any of our rights, obligations or duties hereunder to any person or entity at any time.

NOTICES.

All of our notices, demands and other communications must be in writing and will be deemed to have been given: (i) if mailed by certified mail, postage prepaid, (ii) if delivered by overnight courier, (iii) if sent by facsimile transmission and such transmission is confirmed as received, or (iv) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on ELOCAL.COM.

LIMITATION OF LIABILITY

NEITHER WE NOR ANY DISTRIBUTION SITE NOR ANY OF OUR OTHER VENDORS SHALL HAVE ANY LIABILITY UNDER OR IN CONNECTION WITH THIS ADVERTISING AGREEMENT OR THE ADVERTISING PROGRAM FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, THE REJECTION OR REMOVAL OF ANY ADVERTISING CONTENT, ANY DELAY IN DISPLAYING OR OUR FAILURE TO DISPLAY CONTENT, OR OUR FAILURE TO PERFORM SERVICES. WITHOUT LIMITING THE PROVISIONS OF THIS PARAGRAPH, IN NO EVENT SHALL OUR LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US FOR THE ADVERTISING PROGRAM OR OTHER SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. You acknowledge and agree that the provisions of this Advertising Agreement that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Advertising Agreement and are fundamental to the parties' understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of this Advertising Agreement and shall be enforced regardless of any breach hereof or other occurrence or condition relating in any way to this Advertising Agreement or the Advertising Program. Without limiting the generality of the foregoing, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS ADVERTISING AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations contained in this paragraph apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability.

EXCLUSIVE REMEDIES.

If we breach our obligation hereunder to fulfill any Advertising Program or breach any other obligation hereunder, we will make commercially reasonable efforts to fulfill such Advertising Program at a later date on the same or substitute site to cure such breach. THE FOREGOING CONSTITUTES OUR SOLE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY US OF THIS ADVERTISING AGREEMENT (EITHER DIRECTLY OR THROUGH A FAILURE OF PERFORMANCE BY ANY DISTRIBUTION SITE).

FORCE MAJEURE.

In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.

INDEMNIFICATION.

You agree to indemnify us and the Distribution Sites and hold us and the Distribution Sites harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with this Advertising Agreement or any Advertising Program or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.

TELEPHONE CONVERSATIONS.

All telephone conversations between you and us about your Advertising Program may be recorded and you hereby consent to such monitoring and recording.

APPLICABLE LAW.

This Advertising Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. Any action or proceeding brought by you under or relating to this Advertising Agreement shall be brought in a state or federal court located in Montgomery County, Pennsylvania, and you hereby irrevocably submit to the personal jurisdiction of and irrevocably consent to venue in such courts for purposes of any such action or proceeding. Any claim against us arising from this Advertising Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy by any other party.

ENTIRE AGREEMENT.

This Advertising Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Advertising Agreement and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in this Advertising Agreement. If any provision or provisions of this Advertising Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. This Agreement may not be modified except by writing signed by you and us; provided, however, we may change this Advertising Agreement, including the Terms, from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Programs renewed after such revised terms and conditions have been posted on our Site.

About eLocal

Live Local. Search Local. eLocal.

It’s not just our slogan but our reason for being. At eLocal our mission is to help consumers connect with local businesses.

We started eLocal in late 2006, first focusing on being best in class in a select group of niche online directories. From 2006 to the present, we have built some of the nation’s top online directories for Lawyers, Plumbers, Roofers, Electricians and Exterminators. Starting in early 2012, we expanded eLocal.com to offer all the major consumer oriented business categories. From the beginning we have always offered local businesses the ability to be listed in eLocal for free because we want to provide consumers with the most comprehensive source for finding local businesses online.

There are a number of things that separate eLocal from other online directories, city guides and search sites. The most noticeable being that our site is extremely easy to use without all the typical online clutter. No pop-ups, no annoying flashing banner ads and no spammy unrelated advertising. Many of our competitors jam so much junk on the page it is hard to separate the content from the ads and the important from the unimportant. We only show you the information you want and need.

We have also designed our business profiles to be full of useful information that is category specific. So, as you would expect, the information on a profile for a plumber is very different than the information for a doctor or hair salon. All businesses in the same category use the same profiles so it makes it easy to compare products and services across different businesses. It also makes it easier to find exactly what you’re looking for. Why wade through a list of 100 plumbers when you only want those plumbers that install water heaters, work weekends and accept Visa?

We also pride ourselves on being accessible and responsive. Trying to reach many online companies is very challenging and frustrating. You can always reach us via email or phone. We answer the phone with real people and we actually respond to your emails.

The way consumers find businesses is changing and eLocal is part of that next generation. The days of the old yellow pages are quickly coming to an end (and for anyone under 50 they’re already over). While some people may still be using the phone book, it is not in the ways you may think…Watch our video to see what we mean.

Comprehensive Business Profiles

Our business profiles include:

• Complete list of services, payment options and hours
• Photos & Videos
• Deals & Special Offers
• Maps

Every Business Listed for Free

We offer every business a free listing on our site so consumers don’t have to worry that the only businesses that they will see are paying advertisers. There are no strings attached for businesses to get listed on eLocal.com.

We also offer affordable and cost effective advertising options for those businesses that want to stand out from the competition. To learn more about getting listed for free or advertising on eLocal.com, click here.

There’s Only One eLocal.com - Don’t be Fooled by Imitators

While there are a number of sites online that have tried to slap ‘eLocal’ in front of their names to try and associate with the eLocal brand, there is only one eLocal.com. Below are sites that are affiliated with eLocal. If you don’t see the name on this list then they are not eLocal.

• www.eLocalLawyers.com
• www.eLocalPlumbers.com
• www.eLocalRoofers.com
• www.eLocalElectricians.com
• www.eLocalMovers.com
• www.eLocalExterminators.com
• www.eLocalChiropractors.com

Employment Opportunities

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