Business Terms of Use

Business Terms and Conditions

This agreement (“Agreement”) governs your relationship with Local Jones (“Local Jones”). By creating an account with Local Jones, you (the “Business” or “you”) hereby agree to be bound by the terms and conditions of the Agreement set forth below.

Term and Termination

Either party may terminate this Agreement by providing written notice (email acceptable) during normal business hours (such termination to be effective upon the close of business on the day following notice properly delivered and received). Upon termination of this Agreement, the Business’ audio ad will be removed from the Local Jones telephone system and its online account will become inactive. Any consumer audio comments in the Local Jones phone system at the time of termination will remain in the phone system. Consumers will be allowed to continue to post audio comments about the Business on the Local Jones phone system, regardless of whether the Business has terminated this Agreement or not.

Representations; Warranties

Business represents and warrants to Local Jones that (i) Business owns all audio recordings, trademarked phrases, business names and/or other materials that it gives to Local Jones; (ii) Business' performance hereunder will not cause a material breach of any agreement to which it is a party; (iii) Business has the right and authority to enter into this Agreement and perform the obligations herein; (iv) Business will at all times comply with all applicable laws and regulations; and (v) none of the audio recordings, business names or other materials provided by Business under this Agreement shall infringe the intellectual property rights of any third party.

Indemnification

Business shall fully protect, indemnify and defend Local Jones and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns (“Indemnified Parties”) and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of Business' advertising or products or services, or the provision thereof to consumers, and based upon any breach of Business' representations, warranties, or obligations as provided in this Agreement, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF LOCAL JONES OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY LOCAL JONES OR THE INDEMNIFIED PARTIES.

Limitation of Liability

IN NO EVENT WILL LOCAL JONES BE LIABLE TO BUSINESS FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL.

Disclaimer of Warranties

BUSINESS ACKNOWLEDGES AND AGREES THAT THE LOCAL JONES SERVICES ARE PROVIDED TO BUSINESS ON AN “AS IS” BASIS, AND LOCAL JONES DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Other Terms

The terms of this Agreement may be changed by Local Jones from time to time, and you agree to be bound by any changes that are posted to the online account management tool or which are otherwise communicated to you. The laws of the State of Texas (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Dallas, Texas are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in Dallas, Texas and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.

Consumer Terms of Use

The following are the rules (“Terms”) that govern use of the Local Jones Web site (“Web site”) and Phone System (“Phone System”). By using the Web site and/or Phone System, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Web site and Phone System. Local Jones (“Local Jones”) reserves the right to change these Terms at any time, effective immediately upon posting on the Web site.

Permitted Use

You agree that you are only authorized to visit, view, and retain a copy of pages of this Web site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Web site for any commercial use, or for any purpose other than as described in these Terms. You also agree not to deep-link to the Web site for any purpose, unless specifically authorized by Local Jones.

USE VOID WHERE PROHIBITED

Use of the Web site and/or Phone System is void where prohibited. By using the Web site and/or Phone System, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

Registering with Local Jones

In order to take advantage of certain features on the Phone System, you may be required to register with Local Jones. For example, you may be required to register with Local Jones if you want to receive credit for your audio comments or business referrals. Local Jones's use of any personal information that you provide to Local Jones during any registration process is governed by Local Jones's privacy policy.

Posting Audio Reviews via the Local Jones Phone System

Local Jones reserves the right, but not the obligation, to refuse to post or to remove any Audio Review if it contains or features any of the following:

Unacceptable Content:

Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)
Reviews submitted by the reviewed business's employees (past or present) or competitors as determined by Local Jones.
Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “this place is great!”) as determined by Local Jones in its sole discretion.
Reviews commenting on other users.
Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
Excessive damage caused by business or service to person or property.
Personal information or messages including email addresses, URLs, phone numbers and postal addresses.
Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
Language that violates the standards of good taste or the standards of this Phone System, as determined by Local Jones in its sole discretion.
Content determined by Local Jones to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
Copyrighted audio material such as music recordings or specialty ringtones.

Audio Reviews are not endorsed by Local Jones

Audio Reviews do not reflect the views of Local Jones; its employees, officers, or directors. Local Jones does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Phone System, Web site or the materials contained therein.

Audio Reviews are owned by you

You retain all of your ownership rights in any Audio Review you submit to Local Jones via the Phone System. However, by submitting the Audio Review to Local Jones, you hereby grant Local Jones a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Audio Comments in connection with the Local Jones Web site, Phone System, and Local Jone’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Local Jones Web site and Phone System (and derivative works thereof) in any media formats and through any media channels.

Contact Us

If you see objectionable content or have any questions about these Terms of Use, please contact Local Jones at legal@localjones.com.

Access and Interference

You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Web site or Phone System. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Web site or Phone System without the prior expressed written permission of Local Jones.

Unauthorized Use of the Web Site

Illegal and/or unauthorized uses of the Web site including, but not limited to, unauthorized framing of or linking to the Web site or unauthorized use of any robot, spider, or other automated device on the Web site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Children

You may not use the Web Site or Phone System if you are under thirteen (18) years of age.

Violation of the Terms

You agree that monetary damages may not provide a sufficient remedy to Local Jones for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.

DISCLAIMERS

LOCAL JONES DOES NOT PROMISE THAT THE WEB SITE OR PHONE SYSTEM WILL BE ERROR-FREE OR UNINTERRUPTED. THE CONTENT OF THE WEB SITE AND PHONE SYSTEM IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. LOCAL JONES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOCAL JONES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE OR PHONE SYSTEM, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

Local Jones disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Local Jones users, advertisers, and/or sponsors on the Web site and/or Phone System, in connection with the Web Site and/or Phone System, or otherwise related to your use of the Web site and/or Phone System. Local Jones is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Web site or Phone System. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Web site or Phone System to Local Jones at legal@localjones.com. Local Jones may investigate the claim and take appropriate action, at its sole discretion.

LIMITATION ON LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL LOCAL JONES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF LOCAL JONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes

If there is any dispute about or involving the Web Site and/or Phone System, you, by using the Web site and/or Phone System, agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas, City of Dallas.

Indemnity

You agree to indemnify and hold Local Jones, its affiliates, officers, agents, shareholders and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Web site and/or Phone System.