Term Of Use
Last updated December 27, 2018
As used in this Agreement, the terms “Site”, “Sites”, or “Platform” includes all websites or mobile applications related to the Services, including pages that are associated with or within each website and all devices, applications, or services that Inlokality Inc. operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing, or using the Services or the Platform, you agree to be bound by the terms and conditions of this Agreement and the Inlokality Inc. Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
Accepting the Terms
If you wish to use the Services, you must read this Agreement and indicate your acceptance during the registration process.
BY REGISTERING FOR, ACCESSING AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND ANY OF THE TERMS OF THIS AGREEMENT, PLEASE CONTACT US AT INFO@INLOKALITY.COM BEFORE USING THE SERVICES.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Inlokality Inc..
Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
You can view Inlokality Inc.’s Privacy Statement on the Sites. By accessing the Sites or application, or using the Services, you agree to be bound by the Privacy Statement, and any changes published by Inlokality Inc.. You agree that Inlokality Inc. may use and maintain your data according to the Inlokality Inc.’s Privacy Statement as part of the Services. You give Inlokality Inc. permission to combine information you enter or upload in connection with the Services with that of other users of the Services and/or other Inlokality Inc. services. For example, this means that Inlokality Inc. may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Inlokality Inc. may access or store personal information in multiple countries, including countries outside of your own country, to the extent permitted by applicable law.
Description of the Services
InLokality connects users that need services with individuals or entities located in a user’s geographical area that can provide those services (each a “Provider” and collectively “Providers”). InLokality helps users locate and engage Providers through its proprietary software.
Registration Information, Security, and Electronic Communications
You must register for an account with InLokality to use the Services using your true identity (“InLokality User Account”). As part of such registration we may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments or accounts, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Inlokality Inc. cannot verify your identity, we can refuse to allow you to use the Services.
You agree that you will not share your login information, password, or other account information with anyone else. You understand and agree to take all necessary steps to protect your User Account information as detailed in this Agreement. We will never ask for your password. You are solely responsible for all acts and omissions made using your login information and password. You agree that we carry no liability for losses or problems that may arise due to your sharing this private information with other people, businesses, or entities.
By providing us with your e-mail address, you consent to receive all required notices and information electronically. Electronic communications may be posted on the application or Services site, and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party providers in order to utilize such services.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Inlokality Inc. immediately via email at email@example.com.
Your Use of the Services
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes. Accurate records enable Inlokality Inc. to provide the Services to you. You must provide true, accurate, current, and complete information and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up-to-date and accurate. Failing to do so may compromise and/or negatively affect the accuracy and effectiveness of the Services. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Inlokality Inc., in its sole discretion, may elect to take. Inlokality Inc. shall not be liable to any party or any user for any loss, cost, or damage that results from any scheduled or unscheduled downtime, regardless of the cause.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Inlokality Inc. to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
Practices Regarding Use and Storage
You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services or through the Platform. You acknowledge that we reserve the right to terminate any account which is inactive for an extended period of time provided that we will use commercially reasonable efforts to provide you with notice prior to such termination. Further, we reserve the right to change these general practices and limits at any time, in our sole discretion, and without notice. We will endeavor to provide such notice where required by law, but are otherwise under no obligation to do so.
Services may be or become available via mobile devices, including (a) the ability to upload content to the Platform via mobile device; (b) the ability to browse the Platform from a mobile device; or (c) the ability to access certain features through an application downloaded and installed on a mobile device (these may be referred to as the “Mobile Services” and are included in the term “Services” where applicable). To the extent you utilize Mobile Services, your wireless service carrier’s standard charges, data rates, and other fees may apply. Additionally, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you via SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We will comply with any requirements under applicable laws and regulations before communicating with you in this manner. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person who acquires your old number.
Use With Your Mobile Device
Use of the Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, charges, and fees charged by your mobile device and telecommunications provider, and for compliance with the terms of your agreement with your mobile device and/or telecommunications provider. INLOKALITY INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Online and Mobile Alerts
Inlokality Inc. may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Certain account alerts may be turned on and delivered by InLokality by default as part of the Services. Inlokality Inc. may add new alerts from time to time, or cease to provide certain alerts at any time, in its sole discretion.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Inlokality Inc. may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Inlokality Inc. shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your private or personal banking information or your password or passcode. However, alerts may include your Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time, you may disable featured alerts.
Inlokality Inc.’s Intellectual Property Rights
The contents of the Services, including its functionality and its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Services belong to or are licensed to Inlokality Inc. or its software or content suppliers. Inlokality Inc. grants you the right to view and use the Services subject to these terms. You may download or print a copy of information related to or generated by the Services for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
User Conduct and Content
You are solely responsible for all comments, reviews, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, display, or otherwise make available (hereinafter “upload”) or transmit or us via the Services or Platform. The following are examples of content and/or use that is prohibited by Inlokality Inc.. This is not an exclusive or exhaustive list, however, and we reserve the right to investigate anyone by engaging public or private organizations, including but not limited to collection agents, private investigators, and local, state, federal, or other applicable agencies, and to take any action against anyone who, in our sole discretion, violates any of the terms or the spirit of this Agreement. These actions include, but are not limited to, removing offending content, suspending or terminating the account of violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds if we reasonably believe it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking any other appropriate legal action. Without limiting the foregoing, you agree to NOT use the Services or Platform to:
- Transmit or otherwise upload any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationship; (c) contains any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes or is intended to interfere with the proper working of the Services; constitutes unsolicited or unauthorized advertising, promotional materials, commercial activates and/or sales, “junk email,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation or “get rich quick” scheme; (d) poses or creates a privacy or security risk to any person; or in the sole judgment of Inlokality Inc. is objectionable or which restricts or inhibits any other person from using or enjoying the Services or Platform, or which may expose us or our users to any harm or liability of any type; or
- Use any robot, spider, scraper, deep-link or other similar automated data gathering or extraction tools, program, algorithm, or other mechanism or methodology to access, acquire, copy, or monitor the Services or information collected by Inlokality Inc. or any portion of the Services or Platform, without Inlokality Inc.’s express written consent, which may be withheld in Inlokality Inc.’s sole discretion; or
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services or generally available third-party web browsers (such as Microsoft Explorer); or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up any part of the Services; or
- Attempt to gain an unauthorized access to any portion of the Services or any unauthorized information.
Under no circumstances will Inlokality Inc. be liable in any way for any content or materials of any third parties, users, or Providers, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that we and our designees will have the right, but not the obligation, in our sole discretion to refuse or remove any content for any reason that is uploaded to the Services or Platform.
Intellectual Property Complaints
We respect the intellectual property of others, and we ask that our users do the same. If you believe that your work has been copied or transmitted in a way that violates copyright or trademark law, or that constitutes copyright or trademark infringement, please notify use immediately and we will investigate those allegations and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. Please send claims to firstname.lastname@example.org. To be effective, a notification of claimed infringement must contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the protected property interest or mark;
- A description of the work you claim has been infringed;
- A description of where the material you claim is infringing is located on the Services or Platform, with sufficient detail so that we may locate it;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owners’ behalf.
If you have content removed which you believe was not infringing, or you have authorization from the copyright owner or agent, or believe you have the right to use the content pursuant to law, you may send a written counter-notice containing the following information to the above-listed email or address:
- Your physical or electronic signature;
- Identification of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good-faith belief that the content was removed or disabled as the result of mistake or misidentification of content; and
- Your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, will be forward a copy to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days unless the owner files an action seeking a court order against the content provider, member, or user. The removed content may be replaced or access to it restored in 10 to 14 business days, or more, after receipt of the counter-notice, at our sole discretion.
Disclaimer of Representations and Warranties
THE SITES, PLATFORM, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. INLOKALITY INC., ITS SUBSIDIARIES, ASSOCIATES, AND AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER INLOKALITY INC. NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE. NEITHER INLOKALITY INC. OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS OF THIS PROVISION OR FOUND ELSEWHERE IN THIS AGREEMENT MAY NOT APPLY TO YOU. IF YOU ARE
Limitations on Inlokality Inc.’s Liability
INLOKALITY INC. SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF THE SERVICES OR THIS AGREEMENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OR CORRUPTION OF DATA, THE USE OR THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO ANY OTHER SERVICE, EVEN IF INLOKALITY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your Indemnification of Inlokality Inc.
You shall defend, indemnify and hold harmless Inlokality Inc. and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or in any way relate to your use of the Services or any breach of this Agreement, including but not limited to reasonable costs and attorney’s fees. Inlokality Inc. shall have no liability to you for any dispute between you and any third party, including Providers, as a result of your use of the Services, and Inlokality Inc. has no obligation or duty to participate as a party in any dispute you and any third party, including but not limited to Providers.
You understand and acknowledge that you are solely responsible for your interactions with any other user, third party, or Provider in connection with the Services. Inlokality Inc. will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
Ending your relationship with Inlokality Inc. and/or InLokality
This Agreement will continue to apply until terminated by either you or Inlokality Inc. (or any Inlokality Inc. affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for the Services, you may do so by following the instructions for deleting an account. Inlokality Inc. may at any time terminate its Agreement with you and terminate your access to the Services for any reason, specifically including but not limited to the following:
- If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- If Inlokality Inc. in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
- For or any reason and at any time with or without notice to you; or
- Immediately upon written notice transmitted to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Inlokality Inc. may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Inlokality Inc. shall not be liable to you or any third party for any termination of your access to the Services. This will in no way affect your ability to access your funds through your banking institution.
Modification or Discontinuation of Services
Inlokality Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. Inlokality Inc. reserves the right to change the Services in our sole discretion and from time to time. f you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Inlokality Inc. shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Inlokality Inc. may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
These Terms of Service and the other agreements referenced herein constitute the entire agreement between you and Inlokality Inc. and govern your use of the Services, superseding any prior agreements between you and us with respect to the services. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be, or are otherwise, invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. Notices to you may be made via email or regular mail, and these Terms of Service may be amended or updated by us at any time, for any reason, with or without notice to you.
Governing Law; Venue; Alternative Dispute Resolution
All matters relating to your access or use of the Services, specifically including all disputes, will be governed by the laws of the United States and the State of Minnesota, without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Hennepin County, Minnesota, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of the purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Inlokality Inc. and you arising out of or in connection with your use of the Site or Services, the parties shall attempt, promptly and in good faith, to resolve such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed one hundred eighty (180) days), then either party may submit such controversy or dispute to mediation venued in Hennepin County, Minnesota. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under Minnesota law.