Last Updated: January 26th, 2010
(a) The Website is a venue with the sole purpose of offering information pertaining to buying and selling goods and services. ShopLocal's mission is to provide valuable information to users; however, there may be content provided or generated by third parties that are intentionally or accidentally incorrect. The Website may contain inaccuracies or typographical errors. Content has been obtained from third party sources such as merchants, newspapers, magazines, and other publications and information sources. ShopLocal does not have control over the sale, offer, advertisement, promotional and related information published on the Website. ShopLocal shall not be considered to be an advertising or other agency, merchant of goods or services, broker, dealer, advisor, advocate, sales representative, middleman or other intermediary. Any offers, sales or purchases you make with another person or entity, or decisions you make facilitated through the Website are strictly on your own. You must do your own due diligence and use your best judgment. The use, posting, distribution, or publication of any content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by ShopLocal nor an assurance of legality, quality or safety by ShopLocal. ShopLocal shall not be responsible for any offer, sale, purchase or other transaction made, content posted, or other communications made by anyone posting prices, offering goods or services, advertisements, opportunities, advice, proposals or other information on the Website. Prices and details of offers, promotions, specials and sales may significantly vary from that posted on the Website. Users should call the merchant in advance to confirm. Any goods or services purchased by users are purchased directly from the respective merchant and that merchant is solely responsible to the user for every aspect of such purchase.
(b) Each user is solely responsible for the communications medium that such user uses in community interactions. ShopLocal reserves the right to expel users and prevent their further access to the Website for violating this Agreement or the law. Parents and guardians are solely responsible for use of this site by their children under the age of eighteen. Minors may not use this site without actual parental supervision.
(c) ShopLocal is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Website or its posted content. However, you acknowledge and agree that ShopLocal has the right to monitor the Website electronically from time to time in its sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users..
(d) If ShopLocal is notified of communications or content that allegedly do not conform to this Agreement, it may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the content or termination of use of the Website. ShopLocal has no liability or responsibility to users for performance or nonperformance of such activities. If a user views content or receives communications allegedly inconsistent with this Agreement, an e-mail may be sent to firstname.lastname@example.org stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by ShopLocal in its sole discretion. All decisions made by ShopLocal are final and do not imply nor impose, on ShopLocal, any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.
(a) Authorization of Use and General Prohibited Uses. ShopLocal authorizes you to view and download a single copy of content on the Website, including content provided by RSS feed, Atom feed or other web feed, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. The Website shall not be used by any person to post, transmit, display, publish, or distribute content that (i) violates this Agreement, (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, (iii) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, or (iv) violates applicable laws, including without limitation, consumer protection and trade laws and regulations. Except as specifically authorized by ShopLocal, Users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website or the Material (as defined below).
(b) Copyright; Prohibition Against Copying. The contents of the Website, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), content provided by RSS feed, Atom feed or other web feed or other content or software used in or provided through the Website (the "Material"), are protected by copyright under both United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by ShopLocal. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on any other Website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of ShopLocal, is prohibited.
(c) Trademark. ShopLocal™, the ShopLocal™ logo, ShopLocal.com™, the ShopLocal.com™ logo, SalesHound®, SalesHound.com®, the SalesHound.com logo, SmartCircular™, SmartMedia™, Eva the Shopping Diva™, Save Time and Money Online and In Store™ and other marks are tradenames and trademarks of ShopLocal. ShopLocal's tradename and trademarks may not be used by the user in connection with any product or service that is not offered by ShopLocal, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits ShopLocal.
(a) ShopLocal does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, ShopLocal is not responsible or liable for those costs. ShopLocal does not guarantee continuous, uninterrupted or secure access to the Website, and numerous factors outside of ShopLocal 's reasonable control may interfere with operation of the Website. The Website contains links to third party Websites. These links are provided solely as a convenience to you and not as an endorsement by ShopLocal of the content on such third party Websites. ShopLocal is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third party Websites, you do so at your own risk.
(b) The Website and the Material are provided on an 'as is' basis without any warranties of any kind. To the fullest extent permitted by law, ShopLocal disclaims all warranties, including the warranty of merchantability, non- infringement of third party rights, and the warranty of fitness for a particular purpose. ShopLocal makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the Material, content, services and links. Use of the Website is at your own risk.
(a) In no event shall ShopLocal, its affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents or any third parties mentioned at the Website be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ShopLocal or such other parties are advised of the possibility of such damages. In no event shall ShopLocal or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Website or any of its content. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Website exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
(b) Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.
(a) As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold ShopLocal, and its officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys' fees and costs.
(b) If you have a dispute involving the Website with a third party, you release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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."
Nothing herein shall be construed to limit the right of ShopLocal to warn, suspend or terminate access to the Website of any user who breaches this Agreement, provides inadequate authentication of identity, or if ShopLocal in its sole discretion, determines that the user's activities pose a possible legal or business risk to anyone, including ShopLocal. ShopLocal may discontinue or change the Website at any time. This Agreement is personal to you and may not be assigned without the prior written consent of ShopLocal. ShopLocal makes no claims that any of the Material is appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons, or in certain countries. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Each party shall comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re- export, or allow the export or re-export of any product, technology or information it obtains or acquires in connection with the Website (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Illinois, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Chicago, Illinois where ShopLocal has its principal place of business. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. Except as expressly provided in a particular "Legal Notice," written license or material on particular Web pages, this Agreement constitutes the entire Agreement between you and ShopLocal with respect to the use of the Website.
Last Updated: January 26th, 2010
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:
Online Privacy Coordinator
Gannett Law Department
7950 Jones Branch Drive
McLean, VA 22107
The Website is in compliance with the current draft of the World Wide Web Consortium (W3C) Platform for Privacy Preferences (P3P) specification. This specification was developed to allow users to more easily evaluate the use of personal information collected by the web sites they visit. Thus, if your browser is Microsoft Internet Explorer Version 6, or later, your browser can electronically interpret the P3P version of our privacy policies.
If you visit the Website, we do not collect any personally identifiable information about you (such as your name, address, phone number or email address) unless you provide it.
You must provide personal information in order to use certain optional features of the Website, including, but not limited to, e-mail alerts, coupons and sweepstakes. The manner in which we will use your personal information will be disclosed on the page through which you sign up or otherwise provide information to use the feature. We will, and by your use of these optional features you expressly authorize us to, use the information you provide in order to provide these optional features.
We will not disclose any personal information to a third party without your express prior written authorization. Unless you explicitly ask us to or as disclosed when you sign up for an optional feature, we will not share any personal information that you provide with any third party or use the information for any purpose other than to provide the specific feature that you request.
We collect and store non-personally identifiable (anonymous) information about you that is generated automatically as you navigate through the Website, such as the server your computer is logged into or your browser type. Other examples of non-personally identifiable information include: your ZIP Code and/or City, State; your IP address (a unique number that is automatically assigned to your computer whenever you are surfing the Web; many Web servers automatically identify your computer by its IP address); your domain type (i.e., .com, .net, .edu, etc.); or standard information included with every communication sent on the Internet, such as browser type, operating system, browser language, service provider, and local time. ShopLocal collects data from the Web logs of its servers -- the computers that "serve up" Web pages -- delivering the ShopLocal content. This includes information about what you view and, along with information gathered from our other users.
We create "aggregate data" reports that we may disclose to third parties, including our clients with whom we have entered into an agreement to provide such information. We may also study aggregate data in order to enhance our existing services or develop new services.
Additionally, we may use non-personally identifiable information about your visit to this Website to enable us or a third party to provide you with information while you are using this Website or other websites about products and services.
Also, we use third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit our Web site. These companies may use non-personally identifiable information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these third-party advertising companies, please visit http://www.networkadvertising.org/optout_nonppii.asp.
Your information is being collected solely by ShopLocal and as discussed under "Collection and use of non-personal information" above, third-party advertising companies and advertising networks. See the discussion under "With whom your information may be shared" below concerning the circumstances under which certain of your information may be disclosed to third parties.
ShopLocal does not sell, trade or rent your personally identifiable information to others. ShopLocal does share non-personally identifiable information. We may provide information to others as follows.
(a) As discussed above under "Collection and use of non-personal information," we may provide aggregate statistics about our users, traffic patterns and related site information and non-personally identifiable information to our clients or for other marketing and promotional purposes, including providing you with information about products and services.
(b) We may share information, including your email address if you provide it to us, to our affiliates or retailer for whom we have created co-branded or private label versions of the Website. We however will not share any mobile phone numbers, if provided to us for the purposes of sending you one-time mobile text (SMS) alerts, with our affiliates or retailers.
(c) We may provide information to third parties to the extent necessary to enable them to provide services on the Website, such as delivery or tracking of advertisements, or to provide information or services requested by you.
Any information we collect may be retained for an indeterminate period of time.
ShopLocal has implemented generally accepted standards of technology security in order to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction.
This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of 13, and provides important information regarding their rights under federal law with respect to such information.
ShopLocal may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to comply with law, to cooperate with or seek assistance from law enforcement, to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ShopLocal's rights or property, other ShopLocal users, or anyone else that could be harmed by such activities. ShopLocal may disclose user information when we believe in good faith that the law requires it.
Online Privacy Coordinator
Gannett Law Department
7950 Jones Branch Drive
McLean, VA 22107