TERMS OF USE

Last Updated: March 9, 2021

These terms of use are entered into by and between you and Stern Marc, Inc., (”Company,” d/b/a “Local’s Atlas,” “Platform,” “we,” “our,” or “us”). The following terms and conditions, together with the Privacy Policy and any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of www.localsatlas.com, including any content, functionality, and services offered on or through www.localsatlas.com (the “Website”) and the Local’s Atlas Mobile Application (the “App”) (collectively, the “Platform”).

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

All references to “User” or “user,” «you» or «your,» as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and «you» and «your» herein shall refer to that entity, its directors, officers, employees, and agents.

THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST LOCAL’S ATLAS BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. (PLEASE SEE BELOW ENTITLED “ARBITRATION, DISPUTES AND CLASS ACTION WAIVER.”

The Platform may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Platform. Any material or conduct that in our judgment violates these terms or our Privacy Policy in any manner may result in suspension or termination of the Platform or removal of your account with or without notice. Your use of the Platform is at your sole risk.

Key Terms

“Users” (“Atlers,” “user(s),” “you,” “your,” or “Individuals”) means people who access and use the Platform.

“Business” (“Businesses”) means businesses, entities, sole proprietors, or any other type of service providers that provide goods and services to people.

“User Content” means text, images, photos, audio, video, and all other forms of data or communication, including recommendations, from Users.

“Your Content” means Content that you submit or transmit to, through, or in connection with the Platform, such as recommendations, suggestions, opinions, ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and other information that you contribute to the Platform about you or a Business.

“Local’s Atlas Content” means Content that we create and make available in connection with the Platform.

“Third Party Content” means Content that originates from or stems from parties other than Local’s Atlas or its users, which is made available in connection with the Platform.

“Platform Content” means all of the Content that is made available in connection with the Platform, including Your Content, User Content, Local’s Atlas Content, and Third-Party Content.

“User Account” means the account you create to access or use the Platform.

“Business Account” means the account you create to access or use the Local’s Atlas for Business Owners website (biz.localsatlas.com and related domains) and mobile applications.

“Account” means any User Account or Business Account.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Description of Services Available Through the Local’s Atlas Platform

The Company, through the Platform, offers various services to help its users make, give, seek, receive, store and connect personal word-of-mouth recommendations of businesses, entities, and service providers (“Businesses”) related to goods and services, which may be sought or provided, respectively.

Through the Platform, Local’s Atlas offers Users a service that can help them make, give, seek, receive, and store their personal recommendations that is used to assist Users in organizing the businesses they most like and provide word-of-mouth awareness to those Businesses. The Platform the Company offers include, among others, those features listed below:

• The Platform enables Users to find and connect to Businesses by way of personal recommendations.
• The Platform can be used by Businesses to promote and market their goods and services.
• The Platform provides search functionality on the Platform to allow users to identify, find, and recommend
  Businesses so that other users can search and find those personal recommendations.
• The Platform allows users to exchange and see other users’ recommendations and reviews.

This is not an exhaustive list of all the features the Platform offers.

Local’s Atlas and its Limited Role

The Platform offers a variety of services to connect users with Businesses by way of personal or word-of-mouth recommendations. The role of the Platform is exclusively the connection of a User and a Business. Local’s Atlas is not in the business of providing any other service other than facilitating the connection between a User and a Business.

Users and Businesses understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to access and use the Local’s Atlas Platform to facilitate the connection of a User and a Business.

For example, Users may use the Platform to intentionally find, connect, or interact with Businesses regarding the goods and services those Businesses provide. Businesses understand and agree that using the Platform does not guarantee that anyone will purchase their goods and services and that the Platform is essentially only a technological tool that facilitates the connection to their customers.

The contracting for, performance of, or purchase of goods and services is solely the result of an agreement between a User and the Business. The Platform is not party to nor is it bound in any way whatsoever as a result of such agreement. The role of the Platform is exclusively the connection of a User and a Business. The Platform does not participate in any way, form, or manner in any service being provided or selling transaction between User and Businesses. Consequently, the Platform does not incur any liability in connection with the discussions, conclusion and performance of the services being rendered or the goods being sold by Businesses and does not guarantee the
quality of the service.

THE PLATFORM MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY BUSINESSES OR THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE PLATFORM OR THAT OFFER GOODS OR SERVICES THROUGH THE PLATFORM, OR THE PLATFORM’S USERS.

ACCORDINGLY, THE PLATFORM, LOCAL’S ATLAS, OR STERN MARC, INC., ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH BUSINESSES’ OR THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE PLATFORM. BUSINESSES, THIRD PARTIES, AND ADVERTISERS ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS IN CONNECTION WITH ANY RELATIONSHIP THEY ESTABLISH WITH USERS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY BUSINESSES OR THIRD PARTIES THROUGH THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.

Further, the Platform does not have control over the quality, timing, or legality of the goods and services actually delivered by Businesses, or of the integrity, responsibility or actions of users or Businesses and we neither refer, recommend, or make any representations about the suitability, reliability, timeliness, or accuracy of the goods and services provided by Businesses or the integrity, responsibility or actions of the Businesses whether in public, private or offline interactions.

The Platform does not make any referral or endorse any particular Business. User Content is primarily user generated, and we do not control or confirm user generated content for accuracy. The Platform does not assume any responsibility for the accuracy or reliability of any information provided by users or Businesses on or off this Platform. In particular, the Platform exercises no control and assumes no liability and users should do their own due diligence in connection with:

• The quality and conformity of the offer with the law or the adequacy of the goods and services proposed by the Business;
• The reliability and accuracy of any information relating to the goods and services or the identification of the users; or
• The professional qualification of the Businesses.

Eligibility

The Platform offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions, and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Platform and meet all of the eligibility requirements set forth herein. If you do not meet all of these requirements, you must not access or use the Platform.

Your Account

You agree to (a) provide accurate information when creating an account; (b) maintain your account information; (c) maintain the security of your account by not sharing your password or access to your account; (d) promptly notify Local’s Atlas if you suspect any security breaches related to the Platform; and (e) assume responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Accessing the Platform, Registration and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. 

You are responsible for:

• Making all arrangements necessary for you to have access to the Platform.
• Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To use the Platform, you will be asked to provide certain registration details or other information and to create a personal account. Each user may only create one personal account. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You are responsible for updating your personal information. In the event of a change, you are required to modify the information in your personal account within a reasonable time. The Platform is not responsible for any incorrect, incomplete, false, or outdated information. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Upon creation of an account, you will be asked to create a username, password, and to provide other information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. In case of unauthorized use of the password by a third party, you are obliged to change your password via the dedicated page of the Platform. In the context of the Website or a shared client device, you also agree to ensure that you exit from your account at the end of each session. You should use special caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

You may request the closing of your account using the contact form of the Platform or by email to support@localsatlas.com. In the event of deletion of an account, by your request, no financial compensation or other compensation can be claimed by you from the Platform. In case of cancellation of an account by decision of the Platform, no financial compensation or other compensation will be due to you by the Platform beyond the return of a positive balance, if any. Notwithstanding the foregoing, the Platform shall be permitted, in its sole discretion, to
set off any amounts owed to the Platform from any positive balance.

ARBITRATION, DISPUTES AND CLASS ACTION WAIVER

If you are a resident of the United States: 

EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND LOCAL’S ATLAS (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND LOCAL’S ATLAS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND LOCAL’S ATLAS EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.

“Excluded Claims” means: (a) Claims brought by you or Local’s Atlas that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property (like copyrights and trademarks), violations of Local’s Atlas’s API Terms of Use (which, for clarity, are governed by those terms), or a breach of any Representations and warranties stated herein, including Content Guidelines.

Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration.

Excluded Claims and Claims that cannot be arbitrated must be brought in court. Florida law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or Local’s Atlas may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Miami-Dade County, Florida and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.

Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Local’s Atlas will pay all filing, AAA, and arbitrator’s fees and expenses. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.

Class Action Waiver: You and Local’s Atlas further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LOCAL’S ATLAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You agree that any subpoena, third-party discovery request, or other third-party process directed to Local’s Atlas must be issue from, or be domesticated by, the state or federal courts located within Miami-Dade County, Florida and you agree to submit to the jurisdiction of each of these courts for any related proceedings.

Intellectual Property Rights

Local’s Atlas Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Local’s Atlas and its licensors exclusively own all right, title, and interest in and to the Platform and Local’s Atlas Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Local’s Atlas used herein are trademarks or registered trademarks of Local’s Atlas. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

Trademarks

The Local’s Atlas name, the logo, the terms, the app and all related IP, and all Local’s Atlas related names, logos, product and service names, designs, and slogans are trademarks of Local’s Atlas or its affiliates or licensors. You must not use such marks without the prior written permission of Local’s Atlas. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use.

You may not upload, use, create, transmit, store, display, distribute, share or otherwise make available any content, descriptions, or information in connection with your use of the Platform that:

• Is illegal or fraudulent or that would support any criminal or civil offense or in any way violates any applicable federal, state, local, or  international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United  States or other countries).
• Does not comply with the Content Guidelines set out in these Terms of Use.
• You do not have a right to make available.
• You know is untruthful.
• Violates the intellectual property or proprietary rights of others.
• May create a risk of injury or loss to you, any other person, Business, or entity.
• Is obscene, pornographic, indecent, or sexually explicit.
• Depicts graphic violence or make any threats to commit violent acts.
• Is offensive, harassing, tortuous or otherwise objectionable to Businesses or others.
• Is used to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”,  or any other similar solicitation.
• Is for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may  harm Local’s Atlas or users of the Platform, or Businesses, or expose them to liability.

Restrictions on Use of Platform

You are solely responsible for your conduct with respect to the Platform. You will not do any of the following:

• Rent, lease, lend, sell, sublicense, or create derivative works of the Platform.
• Modify, disclose, or reverse engineer any part of the Platform.
• Remove, alter, or obscure any proprietary rights notice or labels on or in the Platform.
• Use the Platform in any manner that could negatively affect Local’s Atlas, users, Businesses, and others or that could impair the functioning of the Platform.
• Attempt to gain unauthorized access to the Platform or their related systems.
• Impersonate or use the Platform by misrepresenting your affiliation with others.
• Build a competitive product or service or copy any functions of the Platform.

If you violate any of the foregoing restrictions, your right to use the Platform will immediately and automatically terminate.

Content Guidelines

Local’s Atlas only intention is to connect people and great local Businesses. One unique feature of Local’s Atlas is that no negative comments or reviews are permitted. Users recommend great businesses by putting them in their “My Atlas” so other users may find and receive these recommendations. The only way you can disagree with a Business is by no longer recommending the Business taking it off your “My Atlas.” This action by you will reflect on the recommendation graph Users rely on to quickly determine a Business’s quality or recommendation history.

The integrity of the App or keeping the few reviews we allow clean and positive is of the utmost importance and a responsibility of each User.

We hope the following guidelines help in maintaining the integrity of Local’s Atlas:

• Keep it Positive: No negative reviews.
• Validity: Reviews must be related to goods and services.
• No profane language: Keep reviews free from any type of profanity.
• Privacy: Respect people’s privacy at a very high level. Do not use people’s full name or write about other people’s point of view.
• Advertising: Do not use the Platform to advertise unless it is in connection and approved by Local’s Atlas through the Platform or in  writing.
• Conflict of Interest: You should refrain from recommending yourself.

All User Content or contributions must comply with the Content Guidelines above and with these Terms of Use.

Feedback

From time to time you may provide feedback regarding the Platform. Local’s Atlas will own all rights in such feedback, and you waive any rights you may have to such feedback.

Monitoring and Enforcement of User Contributions; Termination

We have the right to:

• Remove or refuse to post any User Content or contributions to the Platform for any or no reason in our sole
  discretion.
• Take any action with respect to any User Content or contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform, or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights,  including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the  Platform.
• Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Platform, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Platform. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking to the Platform and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Platform other than the homepage.
• Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Guidelines set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Platform is based in the state of Florida in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Representations

User and Company represents and warrants that this Terms of Use is valid, binding, and enforceable against it in accordance with its terms, and it will fulfill its obligations under this it in accordance with all applicable laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet and the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

IN ADDITION, WE ARE NOT A BROKER OR ENDORSER OF ANY BUSINESS OR SERVICE PROVIDER THAT PARTICIPATES IN THE PLATFORM, NOR SHOULD GOODS AND SERVICES BE CONSIDERED AS BEING OFFERED BY LOCAL’S ATLAS. ANY AND ALL PURCHASES OF GOODS AND SERVICES IS THE SOLE DECISION OF USER. LOCAL’S ATLAS ONLY ROLE IS TO FACILITATE THE CONNECTION BETWEEN USERS AND BUSINESSES BY WAY OF THE PLATFORM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

EXCEPT FOR YOUR BREACH OF THE RESTRICTIONS IN “RESTRICTIONS OF USE OF PLATFORM” SECTION ABOVE OR YOUR OTHER MISAPPROPRIATION OF COMPANY’S INTELLECTUAL PROPERTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL (A) EITHER USER OR COMPANY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE; AND (B) EITHER USER OR COMPANY’S ENTIRE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LOCAL’S ATLAS DURING THE PRIOR 12 MONTHS UNDER THIS AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Taking into consideration the arbitration section above, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the City of Miami and County of Miami-Dade, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Platform, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Updates to the Terms of Use

The Terms of Use is current as of the effective date set forth above. Local’s Atlas may, in its sole and absolute discretion, change this Policy at any time. Local’s Atlas will post its updated Policy on the Platform. You should review this Privacy Policy when you visit the Platform to understand our current practices. Local’s Atlas encourages you to review this Policy regularly for any changes. Your continued access to or use of the Platform will be subject to terms of the then-current Policy.

We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current practices.
You consent to any changes we make to this Privacy Policy if you continue to use the Platform after receiving a notice of the change or upon our posting of the new Privacy Policy on the Platform. The date at the top of the page shows when this Privacy Policy was last updated.

Contact Us

If you have questions or comments about the Terms of Use, the Privacy Policy, or the Platform, please contact us by sending an email to support@localsatlas.com, or by writing to: Stern Marc, Inc., 1435 SW 87 Avenue, Suite 101, Miami, Florida 33174, USA. Stern Marc, Inc., reserves the right to change these Terms of Use at any time.