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LocoLocal.com Terms and Conditions of Use

THE LOCOLOCAL.COM WEBSITE IS OWNED AND OPERATED BY DIGITALADVISOR, LLC ("DIGITALADVISOR"). DIGITALADVISOR PROVIDES THIS WEBSITE (THE "WEBSITE") SUBJECT TO THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE").

PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE BY ACCESSING OR USING THIS WEBSITE, YOU EXPLICITLY AGREE TO THESE TERMS OF USE AND ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED HERE. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS WEBSITE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with DigitalAdvisor or its affiliates for products, services or otherwise. DigitalAdvisor reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, or any policy or guideline, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website will constitute your acceptance of such changes or modifications. You should review these Terms of Use and the incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Website. If you do not agree to any amended terms, you must stop using the Website.

These Terms of Use are divided into three sections. The first section contains terms that apply to Consumers, meaning anyone who accesses or uses the Website to search for, review, or purchase any goods or services. The second section contains terms that apply to Merchants, meaning any person or corporation that is offering to sell any goods or services through the Website. The third section contains terms that apply to everyone who accesses or uses the LocoLocal.com Website. If you are a Consumer, you should review Sections I and III of these Terms of Use; if you are a Merchant, you should review Sections II and III.

We reserve the right to modify these Terms of Use and all policies or guidelines incorporated here, at any time and for any reason. Any such changes will be posted to the Website before the changes go into effect. Continued access or use of the Website after any such changes are posted constitutes explicit agreement to the changes. We recommend you come back to review these Terms of Use periodically.

I. CONSUMER Terms and Conditions

A. Privacy Policy

The LocoLocal.com Privacy Policy is available here and is incorporated into these Terms of Use. We encourage you to review the Privacy Policy, because by using this Website, you expressly acknowledge and agree to all of the terms of the Privacy Policy. As with these Terms of Use, we reserve the right to modify the Privacy Policy at any time and for any reason, and we will post any changes to the Policy before they go into effect.

B. PURCHASES

LocoLocal.com works with Merchants to get Consumers great deals on goods and services. The Merchant offers to provide special prices or other incentives ("Offers") to interested Consumers through the Website. Typically, Offers will be available only if a sufficient number of Consumers register to participate. LocoLocal.com will post the Offer on the website, including the name and location of the Merchant, a description of the goods or services being offered, the price that the Merchant has agreed to honor provided that a sufficient number (negotiated by LocoLocal.com and the Merchant) of Consumers register to participate, and any applicable terms, limitations, restrictions, or requirements.

To take advantage of these Offers, you must create an account with LocoLocal.com. When you see a deal that you are interested in, click on the Offer, sign into your account and follow the purchase instructions. When you make a purchase, LocoLocal.com will verify your ability to pay for the Offer via the credit card you supply. LocoLocal.com will charge your credit card for the purchase price only when the agreed minimum number of Consumers register to take advantage of the Offer. LocoLocal will send you an email that contains your purchase receipt and a link to a LocoLocal.com web page containing the coupon. Print the coupon, take it to the Merchant, and get the deal! If fewer than the agreed minimum number of Consumers registers for the Offer, the Offer will not be valid and LocoLocal.com will not charge your credit card. It is pretty simple, and since this is not an auction or gambling site and your credit card will not be charged, you do not risk losing any money if a deal does not gain the required minimum number of purchasers. We want you to take advantage of the deals offered on the Website to discover all kinds of new things, so you should register for any Offers that interest you. The more Consumers who register, the more likely it is that the minimum will be satisfied and that the Offer will be available.

By placing an order in response to an Offer, you are explicitly agreeing to all of the terms of the Offer, including the price and any limitations, restrictions or requirements imposed by the Merchant. When you place an order, you authorize LocoLocal.com to charge the full price to your credit card as soon as the required number of Consumers register for that Offer. To ensure that Offers remain valid, you agree that as soon as you place an order, the sale is final and you cannot change your mind.

When you place an order, you are agreeing to purchase the goods or services in the Offer directly from the Merchant. LocoLocal.com is not the Merchant, it only provides the service of assembling the Offers and making them available to Consumers to purchase. Although LocoLocal.com will process your credit card for the amount of the purchase, the price you pay (less any commissions or other fees agreed to between LocoLocal.com and the Merchant) will be paid to the Merchant. The Merchant is responsible for honoring the Offer and for providing the goods or services to you. IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANY MERCHANT, YOU RELEASE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITALADVISOR, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. LocoLocal.com will take reasonable steps, in its discretion, to help you resolve any dispute with the Merchant. If you are unable to resolve a dispute on your own, please call us at 603-244-3326 to discuss the issue.

Subject to any applicable laws, Merchants may impose limitations, restrictions, and requirements on Offers they make, and Consumers are responsible for reading and complying with all applicable terms. Such limitations, restrictions, and requirements may include age requirements, expiration dates, restrictions on the day of the week or time of day, etc. We will make reasonable efforts to disclose all limitations, restrictions, and requirements to you before you place an order.

Unless stated otherwise in the Offer, there is a limit of one coupon per person per Offer, and Vouchers must be surrendered to the Merchant and are not redeemable in partial amounts. Unless prohibited by law, Consumers may gift or sell coupons. However, LocoLocal.com is intended to benefit individual Consumers and DigitalAdvisor reserves the right, in its sole discretion, to limit or exclude any Consumer from participating in any Offer if DigitalAdvisor determines that the Consumer is attempting to act as a reseller of coupons rather than purchasing for him or herself or for gifting to a specific person, and to permanently exclude any Consumer that DigitalAdvisor determines is misusing the LocoLocal.com service. Each coupon may be used only once. Consumers are responsible for the security of coupons they receive and neither DigitalAdvisor nor the Merchant will be liable if any coupon is lost or stolen, and neither DigitalAdvisor nor the Merchant shall have any obligation to honor any Offer if a valid coupon is not presented.

Unless expressly stated in the Offer, coupons do not include any applicable sales tax or gratuities.

II. MERCHANT Terms and Conditions

If you are a Merchant seeking to promote goods or services on the LocoLocal.com website, please contact our sales department by clicking here or by telephone at 603-244-3326. We will be happy to discuss how LocoLocal.com can help your business grow.

All Offers that a Merchant wishes to be promoted on the Website must be submitted in writing on the Merchant Agreement, which will be made available in person by the LocoLocal sales staffocated here. All Offers are governed by these Terms of Use and the terms disclosed on the Offer Form, except to the extent that LocoLocal.com and the Merchant agree otherwise in writing.

A Merchant requesting that LocoLocal.com publish an Offer on the Website thereby appoints Locolocal.com as its limited agent, solely for the purposes of (i) promoting the Offer, (ii) collecting payment on behalf of Merchant when the minimum aggregate number of Consumers specified in the Offer Form has been reached, and (iii) for issuing to Consumers coupons in accordance with the terms specified in the Offer Form.

By entering into the Merchant Agreement and requesting that LocoLocal.com publish an Offer, a Merchant grants LocoLocal.com the right to display, promote, and otherwise use the Merchant's name, trademark, and any other information in connection with the Offer. A Merchant further authorizes LocoLocal.com to use Merchant's name, trademark, and any other information related to the Merchant to promote the Website generally by identifying Merchants that have made Offers through the Website.

By requesting that LocoLocal.com publish an Offer for goods or services on the Website, a Merchant represents and warrants that it will honor the published terms of all purchased Offers in a good faith and professional manner, that it will not impose any limitations, restrictions, or requirements not fully disclosed in the Offer, that it will comply with all applicable laws, and that it will provide all appropriate support to Consumers that have purchased an Offer.

The Offer Form shall set out the manner of calculating any applicable fees payable to LocoLocal.com or to Merchant in connection with an Offer and the terms of payment. LocoLocal.com will periodically send statements to Merchant summarizing participation levels and revenues from the Offer. Payments calculated in the agreed manner, less a 2% credit card processing fee, will be made on the following schedule. The first payment, representing 25% of the revenues due to Merchant, will be made the day after the Offer closes. The second and third payments, each representing 25% of the revenues, will be made at the beginning of the second and third quarter of the coupon validity period. A fourth payment of 12.5% of the revenues will be paid at the beginning of the fourth quarter of the coupon validity period. The final payment of 12.5% of the revenues will be paid within 5XX days after the end of the coupon validity period to account for any refunds in accordance with the following paragraph.

Merchant is responsible for providing acceptable goods and services to Consumers as specified in the Offer and for complying with all laws and regulations that may be applicable to such goods and services. Merchant must take reasonable steps to ensure that Consumers are satisfied with the goods or services provided and for correcting any problems. In the event that a Consumer contacts Digital Advisor with what Digital Advisor determines is a legitimate and substantial complaint about the quality of goods or services provided or about Merchant's honoring of the coupon terms, Digital Advisor will first attempt to assist Merchant and Consumer in resolving the dispute. If this is unsuccessful, Digital Advisor reserves the right, in its discretion, to provide a full or partial refund of the price a Consumer paid for an Offer. In the event that Digital Advisor determines in its discretion to provide a full or partial refund, Digital Advisor will deduct the full amount of any such refund from the next payment due. Any such refunds and deductions will be detailed on the statement covering that payment. In the event that any amounts refunded exceed the amount of the final payment due, Merchant shall pay any excess amounts to Digital Advisor within 30 days of receipt of the final statement showing such excess amounts. Merchant remains responsible for any refunds that Digital Advisor determines are appropriate thereafter during the coupon's validity period and agrees to pay Digital Advisor any refunded amounts within 30 days of receipt of an invoice.

In the event that Merchant goes out of business or otherwise ceases providing the specified goods and services before the end of the coupon validity period, all revenues not already paid to Merchant shall be kept by Digital Advisor for refund to Consumers who did not redeem their coupon.

Merchant agrees to use any personally-identifiable information about Consumers received from LocoLocal.com only for the purpose of providing the goods and services for which the Consumers have purchased a coupon.

A MERCHANT WHO OFFERS ANY GOODS OR SERVICES THROUGH THE LOCOLOCAL.COM WEBSITE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS DIGITAL ADVISOR, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY CLAIMS, ALLEGATIONS AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY FEES) ARISING FROM OR IN ANY WAY RELATING TO SUCH GOODS OR SERVICES, TO ANY FAILURE BY A MERCHANT TO HONOR THE TERMS OF A DEAL OFFERED ON THE WEBSITE, TO ANY ACTS OR OMISSIONS BY ANY MERCHANT THAT SOLD ANY GOODS OR SERVICES TO A CONSUMER THROUGH THE WEBSITE, OR TO ANY FAILURE OR DEFECT OF ANY GOODS OR SERVICES THAT A MERCHANT OFFERED THROUGH THE WEBSITE.

Merchant is solely responsible for collecting from Consumers any and all applicable taxes and fees, including without limitation sales, use, and value added taxes, associated with the goods or services that are the subject of an Offer. Offers may be inclusive of all applicable taxes, fees, and gratuities or may not include them, at the Merchant's discretion, so long as the terms are fully and accurately disclosed in the Offer.

III. GENERAL Terms and Conditions

A. Disclaimer of Warranty and Limitation of Liability.

DIGITALADVISOR PROVIDES A SERVICE BY WHICH MERCHANTS MAY MAKE PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE ON THE WEBSITE AT A DISCOUNTED OR PROMOTIONAL PRICE AND CONSUMERS MAY PURCHASE THOSE GOODS AND SERVICES BY WAY OF THE WEBSITE. DIGITALADVISOR IS NOT THE SELLER OR PROVIDER OF ANY GOODS AND SERVICES SOLD BY WAY OF THE WEBSITE AND IS NOT RESPONSIBLE FOR THE QUALITY OR PERFORMANCE OF ANY GOODS OR SERVICES OFFERED BY ANY MERCHANT THROUGH THE WEBSITE. IN THE EVENT OF ANY CLAIM CAUSED BY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY GOODS OR SERVICES OFFERED OR SOLD BY ANY MERCHANT THROUGH THE WEBSITE, YOUR SOLE REMEDY IS AGAINST THE MERCHANT.

BY LISTING FOR SALE THROUGH THE WEBSITE ANY GOODS OR SERVICES OFFERED BY ANY MERCHANT, DIGITALADVISOR DOES NOT MAKE ANY REPRESENTATIONS OR RECOMMMENDATIONS AS TO THAT MERCHANT OR AS TO ANY GOODS OR SERVICES OFFERED OR SOLD BY THAT MERCHANT.

DIGITALADVISOR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO ANY GOODS OR SERVICES OFFERED, SOLD, OR PURCHASED THROUGH THE WEBSITE.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING, THE SITE, THE SITE CONTENT AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIGITALADVISOR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE INFORMATION AND CONTENT ON THE WEBSITE AND AS TO ANY SERVICES PROVIDED BY DIGITALADVISOR IN CONNECTION WITH THE WEBSITE. DIGITALADVISOR DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, OR CURRENT, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.

WHILE DIGITALADVISOR ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, DIGITALADVISOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO SELECT, PURCHASE, AND USE SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST DIGITALADVISOR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS CAUSED BY, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE, TO ANY PURCHASES MADE THROUGH THE WEBSITE, TO ANY GOODS OR SERVICES PURCHASED FROM A MERCHANT THROUGH THE WEBSITE, TO ANY FAILURE OF A MERCHANT TO HONOR THE TERMS OF A DEAL OFFERED ON THE WEBSITE, TO ANY ACTS OR OMISSIONS BY ANY MERCHANT THAT SOLD ANY GOODS OR SERVICES TO YOU THROUGH THE WEBSITE, OR TO ANY FAILURE OR DEFECT OF ANY GOODS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT DIGITALADVISOR HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER DIGITALADVISOR NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE WEBSITE CONTENT, THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, OR ANY GOODS OR SERVICES OFFERED OR SOLD BY ANY MERCHANT THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY WEBSITE CONTENT OR OTHER INFORMATION OBTAINED FROM DIGITALADVISOR OR ACCESSIBLE VIA THE WEBSITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DIGITALADVISOR'S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIGITALADVISOR, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, CAUSED BY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR THE PURCHASE OF ANY GOODS OR SERVICES FROM ANY MERCHANT BY MEANS OF THE WEBSITE EXCEED THE PRICE PAID TO THE MERCHANT IN CONNECTION WITH THE PURCHASE OF ANY GOODS OR SERVICES FROM THAT MERCHANT.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPLICITLY WAIVE THE RIGHTS GRANTED TO YOU UNDER CALIFORNIA CIVIL CODE 1542, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

B. Ownership and Copyright

Except as otherwise indicated, the Website, and all text, images, marks, logos and other content displayed on the Website, including, without limitation, the LocoLocal.com logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, content, and the selection and arrangement thereof are the exclusive property of DigitalAdvisor or of Merchants making Offers through the Website and are protected by U.S. and international copyright laws. The website and all content © 2010 DigitalAdvisor LLC All Rights Reserved.

C. Trademarks

DIGITALADVISOR, LocoLocal.com, the LocoLocal.com logo, and the look and feel of the Website, including all graphics, icons, scripts, page headers, and layouts, are registered and/or common law trademarks and/or trade dress of DigitalAdvisor LLC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DigitalAdvisor.

All other trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Website are the property of their respective owners. Reference to any Merchants, products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DigitalAdvisor LLC.

D. Limited License

DigitalAdvisor grants you a limited, non-sublicensable license to access and use the Website and to view, copy and print portions of the Website content. Such license is subject to these Terms of Use, and specifically conditioned upon the following: (i) you may view, copy and print portions of the Website content only for your own personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Website or the Website content, or any portion thereof; (iii) any displays or printouts of Website content must be marked "© 2010, DigitalAdvisor LLC All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Website or the site content other than for its intended purpose; and (vii) you may not reproduce, distribute, display, or prepare derivative works from the Website or Website content, except as provided in these Terms of Use or as otherwise agreed to in writing by DigitalAdvisor LLC.

Any use of any portion of the Website or Website content other than as expressly permitted by these Terms of Use, without the prior written permission of DigitalAdvisor LLC is strictly prohibited, will terminate the license granted herein, and may also violate applicable laws, including but not limited to copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use confers any license to intellectual property rights, whether by estoppel, implication or otherwise. DigitalAdvisor LLC may revoke this license at any time.

You represent and warrant that your use of the Website and the Website content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify DigitalAdvisor against any liability to any person arising out of your use of Website content not in accordance with these Terms of Use.

To request permission for uses of Website content not included in the foregoing license, you may contact DigitalAdvisor as follows:

Director of Business Development
DigitalAdvisor LLC
14 Arrow Street, Suite 10
Cambridge, MA 02138, USA
E-mail: admin@digitaladvisor.com

E. Hyperlinks

You may not use any registered or common law trademark or service mark of DigitalAdvisor or any logo or other proprietary graphic of DigitalAdvisor to link to the Website without the express written permission of DigitalAdvisor. Further, you may not frame or utilize framing techniques to enclose any Website content or any DigitalAdvisor trademark, service mark, logo or other proprietary information, without DigitalAdvisor's express written consent.

The Website may contain links to Merchant and third-party websites ("Third-Party Sites") and content as a service to those interested in this information or in order to promote Offers made by Merchants. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. DigitalAdvisor does not monitor or control and makes no claim or representation regarding Third-Party Sites. DigitalAdvisor provides these links only as a convenience, and a link to a Third-Party Site does not imply DigitalAdvisor's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site. DigitalAdvisor accepts no responsibility for the quality, content, policies, nature, or reliability of Third-Party Sites. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

F. Use of Discussion Forums, Bulletin Boards, and Other Interactive Areas

The Website may contain discussion forums, bulletin boards, or other methods by which you or third parties may post reviews of Merchants, goods or services, or other content, messages, materials or other items on the Website ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  3. Content that may infringe any patent, trademark, service mark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  9. Content that, in the sole judgment of DigitalAdvisor, is objectionable or that restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or that may expose DigitalAdvisor or its affiliates or its users to any harm or liability of any sort.

DigitalAdvisor assumes no responsibility or liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DigitalAdvisor liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, DigitalAdvisor is not liable for any statements, representations or other content provided by its users in any Interactive Area. Although DigitalAdvisor has no obligation to screen, edit or monitor any of the content posted to or distributed through any Interactive Area, DigitalAdvisor reserves the right, and has absolute discretion, to remove, screen or edit any content posted or stored on the Website at any time and for any reason. Should you wish to maintain a copy of any content you post or store on the Website, you may do so at your own cost and expense. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect DigitalAdvisor's systems and customers, or to ensure the integrity and operation of DigitalAdvisor's business and systems, DigitalAdvisor may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content. DigitalAdvisor's right to disclose any such information shall govern over any terms of the Privacy Policy.

G.Copyright Complaints

If you believe that material posted on the Website infringes upon any copyright that you own or control, or that any link on the Website directs users to another website that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Director of Content
DigitalAdvisor LLC
14 Arrow Street, Suite 10
Cambridge, MA 02138, USA
Tel.: 617-864-3100
Fax: 781-864-3107
Email: copyrightissues@digitaladvisor.com

We may give notice of a claim of copyright infringement to our users by means of a general notice on the website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

H. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, DigitalAdvisor has adopted a policy of terminating, in appropriate circumstances and at DigialAdvisor's sole discretion, subscribers or account holders who are deemed to be repeat infringers of any copyright. DigitalAdvisor may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

I. Registration Data; Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to DigitalAdvisor, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to DigitalAdvisor.

J. Applicable Law and Venue

The website (excluding any linked Third-Party sites) is controlled by DigitalAdvisor LLC and operated by DigitalAdvisor LLC from its offices in and around Cambridge, Massachusetts. While DigitalAdvisor has made no effort to publish the Website elsewhere, the Website is accessible in all 50 states of the United States and in other countries. Consumers, Merchants, and DigitalAdvisor all benefit from establishing a predictable legal environment in regard to the website. Therefore, Consumers, Merchants, and DigitalAdvisor explicitly agree that all disputes, claims or other matters arising from or relating to the use of the Website or from the offer, purchase, or sale of any goods or services through the Website will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles. Consumers and Merchants agree that any claims they may have against DigitalAdvisor LLC arising from or relating to the Website or to any gods or services offered or purchased through the Website will be heard and resolved in a court of competent subject matter jurisdiction located in Massachusetts. Consumers and Merchants consent to the personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, covenant not to assert any objection to proceeding in such courts, and expressly waive any right to proceed in any other court.

K. Termination/Modification of License and Site Offerings.

Notwithstanding any provision of these Terms of Use, DigitalAdvisor reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate the license to use the Website, or any portion thereof; (b) limit, block or prevent future access to and use of all or any portion of the Website, content, or services; (c) change, suspend or discontinue any aspect of the Website, content or services; and (d) impose limits on the Website, content or services.

L. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

M. Questions and Comments

If you have any questions regarding these Terms of Use or the use of the Website, please submit them to us via email.