The following terms and conditions (these “Terms”) govern your use of the FirstDueSizeUp.com website (referred to as the “Site”) as well as the content, products, software, source code and services made available through the Site (collectively, including the Site, the “Services”) by the Site’s owner, Locality Media, Inc. (“Locality Media”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE MODIFIED OR AMENDED FROM TIME TO TIME BY LOCALITY MEDIA IN ITS DISCRETION. ANY SUCH AMENDMENTS TO THESE TERMS BECOME EFFECTIVE AT THE TIME THEY ARE POSTED TO THE SITE, AND EACH TIME YOU ACCESS OR USE ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AS AMENDED. IF YOU DO NOT AGREE, YOU SHOULD DISCONTINUE USE OF THE SITE AND ALL OTHER SERVICES IMMEDIATELY.
The words “we”, “us” and “our” means Locality Media. The words “you” and “your” refers to the person accessing or using the Services subject to these Terms. To the extent you access or use the Services in an agent or employee capacity, you also accept these Terms on behalf of your principal or employer. If your principal or employer has entered into a written agreement with Locality Media for the provision of Services, then such written agreement will govern your use of the Services on behalf of such principal or employer.
Information about you
- You agree the information you provide when you register to use the Services will be true and accurate and kept up to date by you. You agree not to enter false information or impersonate any other person when you use the Services. You must be 18 years of age or older to use the Services.
Use of Services
- You agree to use the Services only for lawful purposes and not for any illegal or unauthorized purpose. You shall not upload or otherwise transmit to or through the Services any viruses or other malicious software code. You will not do anything to disrupt the operation of the Services, interfere with anyone’s use of it, corrupt or change the contents of the Site, damage the systems running the Services, or otherwise do harm to the Services and their normal operation. You will not access the non-public areas of the Site for any reason except as permitted by us using your Locality Media login credentials. You may access Services only through the Site portals made available to you for such purpose. Accessing Services using web robots or other automated access methods is prohibited.
- We may provide you with one or more user ID's, initial passwords and/or other devices for you to access the Services. It is your sole responsibility to keep all user IDs, passwords and other means of access to the Services within your possession or control confidential and secure from unauthorized use.
- You agree not to use or permit the use of the Services directly or indirectly for any of the following:
a. Disclosing personally identifying information or private information of any person without his or her consent; b. Posting or sending material that is obscene, pornographic, violent, harassing or otherwise objectionable, libelous, defamatory or threatening or that promotes or encourages hatred, violence, racism or criminal conduct; c. Uploading or spreading computer viruses, worms, Trojan horses, spyware or other harmful code; d. Infringing the intellectual property rights or misappropriating trade secrets of any third party; e. Any criminal or unlawful entry, use, damage or destruction of property or physical harm to any person; or f. Posting or altering of any data (including data relating to buildings and structures or personal household information) that results in the transmission through the Services of any false or misleading information.
Ownership of Services
- Locality Media is only providing you with the right to access and use the Services. Locality Media retains sole and exclusive ownership of and all right, title, and interest in and to the Services (including ownership of all trade secrets, trade dress, copyrights, and other intellectual property interests pertaining to the Services, and to all modifications and enhancements of the Services, subject only to the rights and privileges expressly granted to you under these Terms. In addition, the Services are presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of Locality Media. Locality Media reserves all rights in and to the Services not expressly granted under these Terms.
- The Services are protected by U.S. copyright laws and international treaty provisions. You may not use, copy, modify, or distribute the Services (electronically or otherwise), including the source code for any portion of the Services, or any compilation, copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by us in writing. You may not modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Services. You may not transfer, lease, assign, rent, or sublicense the rights granted to you under these Terms, or make the Services available for the use of others through your User ID. You may not use any portion of the Services or any standalone utility provided for use with the Services for any purpose other than its intended purpose.
- You shall not remove, modify or copy any Locality Media or third party trademarks accessed through the Site. All third party marks are the properties of their respective owners and may be used by you only in connection with use of the Services and for no other purpose whatsoever.
- The Site and any Services may be modified, revised, suspended or discontinued in whole or in part, either temporarily or permanently, with or without notice, in our discretion. No resale, sale or use for commercial purposes of any portion of the Services is authorized or permitted except with our prior written consent in each instance. We reserve the right in our discretion to deny access to the Services by or through any person, network or device.
- We assume no responsibility or make any representation or warranty with respect to data, websites or services published, owned and operated by third parties (including but not limited to our partners or affiliates) which may be accessed by you or Users through links on the Site or interfaces or otherwise from the Services.
- We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed, reproduced, printed or otherwise distributed by us through this website in violation of any third party copyright, please notify us in writing. Send your notice to Locality Media LLC, 107 7th St, Garden City, New York 11530, attention: chief legal officer, and include the following:
a. electronic or physical signature of a person authorized to act for the copyright owner b. description of the copyrighted work c. description of where the infringing content is located on this website d. your office or home address, telephone number and email address e. a statement of good faith belief that the use of the work is not permitted by the copyright owner, and f. a statement under penalty of perjury that the above is true and you are authorized to act for the owner.
- THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR ERRORS. Locality Media makes no representations or warranties regarding any data or information transmitted through the Services (collectively, “Data”), including relating to buildings or structures (including but not limited to a building's safety, construction, occupancy, materials, hazards, water supply, contents, location, surrounding structures, exposures, size, layout, condition or history) or relating to personal household information (including but not limited to members of a household and their medical information). Locality Media provides administrative and information technology services only and does not advise, recommend, or render an opinion with respect to any information communicated through the Services and shall not be responsible for your use of any information obtained through the Services (other than resulting from Locality Media's gross negligence or willful misconduct).
- ALL SERVICES AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, LOCALITY MEDIA MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (II) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
LIMITATION OF LIABILITY
- EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, LOCALITY MEDIA, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND RELATING TO YOUR USE OF THE SERVICES. FURTHERMORE, EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, YOU HEREBY WAIVE AND RELEASE LOCALITY MEDIA, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LIABILITIES AND CAUSES OF ACTION ARISING FROM YOUR USE OF THE SERVICES (INCLUDING ANY DATA OBTAINED THEREIN).
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF CLAIMS OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL LIABILITIES.
- You agree to indemnify and hold harmless Locality Media, its subsidiaries, affiliates, members, managers, officers and employees, from and against any and all liabilities, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from or relating to any third party claim, action or demand asserted against Locality Media based on: (a) any breach of these Terms by you or anyone accessing the Services using your Locality Media credentials; or (b) your use of the Services, except to the extent such claim is attributable to the gross negligence or willful misconduct of Locality Media or its affiliates.
- Your right to access and use Services shall terminate immediately upon your breach of any Terms. In the event of termination of your rights or our Services for any reason, you will continue to be responsible for any damages and indemnification obligations resulting from your use of the Services.
- Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever. You may not assign any of your rights hereunder and any purported assignment by you shall be invalid. We may assign any and all rights or obligations under these Terms in our discretion.
- If you are provided with any standalone software utilities for use with the Services, you acknowledge that these utilities may be subject to regulation by local laws and United States government agencies which prohibit export or diversion of certain products, information about the products, or direct products of the products to certain countries and certain persons. You represent and warrant that you will not export or re-export such software in violation of these regulations to a national destination prohibited under these regulations or to any person to whom exports, re-exports or transfers are prohibited under these regulations.
- You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to Locality Media for which Locality Media may not have an adequate remedy in money or damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. Locality Media’s right to obtain injunctive relief will not limit its right to seek or obtain further remedies.
- Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- These Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to its choice of law principles.
Please direct questions about these terms & conditions to support@FirstDueSizeUp.com.
Updated April 2020 © 2020 Locality Media, Inc.