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Privacy Policy | Contact Us
Get Local News PRIVACY POLICY
MAY CHANGE FROM TIME TO TIME
PLEASE CHECK BACK FREQUENTLY FOR UPDATES
Updated as of October 6th, 2015
Get Local News has established this Privacy Policy to disclose our information gathering and dissemination practices for Get Local News Software, www.maxwebsearch.com, and our Services, and to allow you to make an informed decision about how you will use our Services. Our "Services" include Get Local News Software, www.maxwebsearch.com, the services provided thereon, the Get Local News application, and all related services, applications, components, programs, software, listings, directories, tools, updates, databases and information made available and utilized. References to "you" in this Agreement means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. By using our Services, you are consenting to the terms of this Privacy Policy and all of the activities described herein. If you do not agree to be bound by this Privacy Policy, you should uninstall Get Local News Software and not use our Services. We reserve the right to enter into new or different lines of business with consumers and if and to the extent we do, we may display a different privacy policy to the consumer for such lines of business. This Privacy Policy addresses only our practices with respect to information we collect in the course of using our Services and does not apply to information about you that might be collected by a third party website or an offering linked to or otherwise accessible from our Services. Any information collected, obtained and/or used by any such third parties is subject to the privacy policies of those third parties. We encourage you to review the policies of such third parties. Finally, to the extent any of our Services are undertaken in conjunction with or as a co-branded service with a third party, then both our Privacy Policy and such third party's privacy policy may apply.
Get Local News does not, generally, track or maintain personally identifiable information about consumers that use our Services. However, we may collect personally-identifiable information through the use of our Services upon your contacting us so that we may respond to your questions or comments, such as your name, email or mailing address, or other information you include when contacting us. In addition, as part of the functionality provided by our Service, we may collect and store URLS that you visit and your browser’s home page which could contain personally identifiable information. We may also collect, use and store information about your search activity when you use web search services (such as search queries) (“Search Data”). This information may be shared with third-party applications that use Search Data to function, or to offer you more customized information, advertising and services. Your Search Data is collected and stored and may include personally identifiable information, depending on your search query. For instance, if you search your own name, personally identifiable information would be included in the search query. BY USING THE SERVICES, YOU ARE CONSENTING TO GRANT Get Local News PERMISSION TO COLLECT YOUR URLS AND SEARCH DATA, INCLUDING SEARCH QUERIES THAT MAY CONTAIN PERSONALLY IDENTIFIABLE INFORMATION, SHARE THEM WITH THIRD PARTIES, AND USE SEARCH-RELATED COOKIES. When you use or interact with our Services, we may also collect certain anonymous information that is not sufficient to permit someone to identify you by name, mailing address, telephone number, social security number, driver's license or other government-issued identification. However, information that we do collect may be combined with a unique ID (UID). The anonymous information we may have access to, obtain, retain and use may include: · Information about your use of our Services, such as the frequency with which you use them, how you use and interact with them, when you visit them, and your responses to the offerings and advertisements made available to you through them, among other things; and · Information that may be gathered or received when you use the Services or visit other websites, including, without limitation, the following: o The type of browser you are using when using our Services, including your browser's "user agent" (e.g., Internet Explorer, Safari, and other browsers); o Your operating system type, whether Mac OS, or Windows, and which version of Windows; o Your Internet protocol (IP) address and information about the version of any software comprising a portion of the Services that you use; o Your geographic location and the domain name of your Internet service provider (ISP); the URLs and websites that you visit and have visited; your search queries on the web pages you visit; and/or Diagnostic information which describes how our Services are operating on your system. All of the foregoing information is collectively referred to hereinafter as "Anonymous Information". We may also supplement Anonymous Information with additional information from other third parties in some cases. Additionally, those portions of the Services comprised of software have been configured to communicate to us any information relating to computer errors arising from use of such software, without providing any notice to you of the delivery of such communications. Such communications may include the configuration settings applicable at the time of the error. We use this data to help us clarify and fix performance issues with and to improve the software and the Services.
(a) Anonymous Information and Search Data is used to
(b) We note above, but it is worth reiterating here, that your Anonymous Information, as well as your Search Data and other information about you as a user of our Services, may be disclosed by us to those authorized officers of the court in response to valid legal process, including without limitation, a valid court order, search warrant or subpoena), as well as in other circumstances if we believe in good faith that there is an emergency that poses a threat to the safety of you or another person or that the Services are being used in the commission of a crime by your or another third party. Furthermore, we may disclose your Anonymous Information to protect our own rights, Services and property or those of our affiliated providers, in addition to providing you with the Services.
(c) In the event that ownership of all or a portion of the Services currently provided by Get Local News were to change as a result of a merger, acquisition or transfer to another company, your Anonymous Information and Search Data may be transferred as well.
(a) In providing the Services to you, we may use web beacons and cookies or similar technologies in conjunction with your Anonymous Information and Search Data to personalize and improve your use of and experience with the Services, including, without limitation, to operate and improve the Service's offerings; to present, measure and research the effectiveness of our Service's offerings, advertisements, and communications to you, such as by determining which pages you visit, which ads you click on, communications you respond to, and functionality you use; to store and allow retrieval of information that you have provided to third party services that are integrated with the Services, and configuration preferences; and to customize the content and advertisements provided to you through the Services. In addition, third party advertisers might also use cookies or web beacons downloaded through our Services to accomplish many similar goals in connection with the effectiveness of their advertising through our Services and in general. We do not have access to the cookies or web beacons employed by advertisers through our Services and such cookies or web beacons are not governed by this Privacy Policy, but rather by the privacy policy of such advertiser. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted. You can learn more about cookies and opting-out of the receipt of cookies at http://www.aboutads.info/choices; you can learn more about cookies in general from http://www.cookiecentral.com.
(b) Web beacons or clear GIFs are relatively small pieces of code placed on web pages that can be used for a number of purposes, including counting the users who visit that web page, or to deliver a cookie to the browser of a user viewing that page. A cookie is a small text file transferred from Get Local News to your computer that records information about your preferences and use of the Services. We may also use such cookies to help us identify your location by determining your IP address, or to allow us to recall certain Service settings that you have chosen previously. You can control cookies through your browser's settings. However, if you reject all cookies, you may not be able to take advantage of most our Service offerings.
Get Local News stores Anonymous Information and Search Data in a database on Get Local News computers. These computers have security measures, such as a firewall, to protect against the loss, misuse, and alteration of the information under Get Local News's control. Notwithstanding such measures, Get Local News cannot guarantee that its security or privacy protection measures will prevent its computers from being illegally accessed and the data on them stolen or altered.
Any time you receive files over the Internet from third parties, regardless of the application used, whether Get Local News, email or other application, you may be subjecting yourself to receiving harmful files or files that are not compatible with your operating system. Prior to accepting any files from any Internet user, including those from an account that appears familiar to you, we highly recommend verifying that the person sending you such files is the person you believe he or she is. You should be extremely careful about accepting files from users you do not trust, from users you do not know, or from users whose identity you have not been able to confirm. You should also be aware that communications sent over the Internet are not secure unless they are encrypted. Get Local News does not encrypt your communications through the Services. Further, your communications made through Get Local News may be routed through different countries which may have different laws, rules, regulations and standards regarding activities on the Internet. As such, Get Local News cannot accept any responsibility for any unauthorized access to your communications made through the Services or any loss of data.
Our Services are international in scope. By using the Services you consent to your Anonymous Information, your Search Data and any personal information that you provide to us being sent and processed in other jurisdictions, including the United States and other jurisdictions outside the European Union and European Economic Area where there may be less stringent data protection laws.
The Resources are intended for a general audience, and children and minors under the age of eighteen (18) are not permitted to access or use the Resources, absent express consent from their parents or guardians. We do not intentionally solicit or collect personal information from anyone under the age of 18. If you believe that we might have any information from or about a minor under age 18, please contact us here and we will remove it. If you are a parent or guardian who approves of your minor’s use of the Services, please contact us through the same form, and provide to us the age and email address of your minor on whose behalf you are contacting us.
Get Local News may update this Privacy Policy from time to time in its sole discretion, as reflected in the "Effective as of" date above. As such, you should review this Privacy Policy frequently by clicking on the “Privacy Policy” link at the bottom of http://getlocalnewsnow.com. In the event that we make Material Changes to this Privacy Policy, we will notify users by posting a notice on our homepage, http://getlocalnewsnow.com and on the web page where our Privacy Policy is posted, Privacy Policy.
Any references made in this Privacy Policy to "us", "we", "our" and/or "Get Local News" shall be deemed to have been made to Get Local News, as well as any company that controls Get Local News, directly or indirectly, and any other subsidiary of that controlling company.
For more information about protecting your privacy, you may wish to visit http://www.netcoalition.com and http://www.privacyalliance.org. In addition, the Federal Trade Commission Consumer Response Center offers a helpline at 1-877-FTC-HELP (1-877-382-4357) to allow consumers to make comments or inquiries regarding companies and business practices. We do not have a mechanism or process to respond to any “do not track” signals which a web browser may send or receive. However, if you have questions about this Privacy Policy, or if you would like access to personal information we may have about you in our files, to correct, update or to have us delete it, or if you would like to notify us of your choice to opt-out of any sharing of your personal information, please contact us here or write to us at:
Get Local News
Attn: Privacy and Compliance Group
45 Main St. #816
Brooklyn, NY 11201
info@getlocalnewsnow.com
Get Local News
45 Main St. #816
Brooklyn, NY 11201
United States
Terms of Use Get Local News End-User License Agreement
Updated as of July 6, 2015
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS Get Local News END-USER LICENSE AGREEMENT (THE "EULA" OR “AGREEMENT”) BEFORE DOWNLOADING, INSTALLING, ENABLING, OR USING (COLLECTIVELY “USE” OR “IN USE” OR “USING”) ANY SOFTWARE AND/OR SERVICES AND/OR FEATURES PROVIDED BY Get Local News (COLLECTIVELY, THE "Get Local News SOFTWARE"). Get Local News IS A SERVICE OF Get Local News. THIS IS A LEGAL AGREEMENT BETWEEN Get Local News AND YOU. THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION. THIS EULA AND THE Get Local News PRIVACY POLICY, ALL OF WHICH IS INCORPORATED HEREIN BY REFERENCE (AND COLLECTIVELY REFERRED TO HEREUNDER AS THE “EULA”), GOVERN YOUR ACCESS TO AND USE OF THE Get Local News SOFTWARE. In the event of a contradiction between this EULA and the Privacy Policy, the Privacy Policy will govern. Get Local News is willing to license the Get Local News Software to you only on the condition that you accept all the terms contained in this EULA. By selecting the "Next" or “Accept” button (or similar language provided by us) or by downloading, installing, or using the Get Local News Software, you acknowledge and agree that you have read and understood this EULA and accept all of its terms. We recommend that you print or save a local copy of this EULA for your records. If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then Get Local News is unwilling to license the Get Local News Software to you and you may not access or Use any of the Get Local News Software. Any Use of the Get Local News Software by you under these circumstances will be considered a violation of intellectual property laws and may subject you to civil and/or criminal penalties.
Get Local News reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Get Local News materially modifies this EULA it will post the updated EULA as part of a drop-down menu or notification from the Get Local News Software via a hyperlink or by other reasonable means to notify you of the changes. Get Local News will also amend the " Updated as of” date at the top of this Agreement. By continuing to Use the Get Local News Software after Get Local News has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Get Local News Software. This Agreement will also govern any software upgrades and/or updates provided by Get Local News that upgrade and/or supplement the Get Local News Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
Get Local News is a free desktop application that offers you direct links to websites from your new preferred homepage and saves your new preferred home page and/or new tab page. When we set your Browser's settings using Get Local News, they will be saved automatically on Chrome, Firefox®, and Internet Explorer®. As part of the installation process of the Get Local News Software, we may change your Internet Browser settings and/or provide you with the ability to opt to make changes to your Internet Browser settings. By Downloading or Using the Get Local News Software, you agree that you have approved such changes and you understand that you can reconfigure such settings at any time from the "Options Menu" available in the Get Local News Software (to the extent that there is such a menu), in the Settings options of your Internet Browser (for example, for web-search related changes). Such changes may include, without limitation, the following:
To uninstall the Get Local News Software, you may use the standard uninstall procedures offered by your device's Operating System or your Internet Browser, as applicable. The list below may assist you in choosing the most applicable option for your operating system and/or Browser.
3.1 Conditioned upon your compliance with the terms and conditions of this EULA, Get Local News hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, enable, and Use the Get Local News Software on a single computer or device (whether mobile device or other), solely for your personal Use, provided that you Use the Get Local News Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Get Local News Software for backup purposes. Get Local News reserves all rights in the Get Local News Software not expressly granted to you in this EULA.
4.1 Except as expressly specified in this EULA, you may not:
(a) copy or modify the Get Local News Software;
(b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Get Local News Software to any third party; or
(c) Use the Get Local News Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Get Local News Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Get Local News and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the Get Local News Software provided in object code or any other Get Local News products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
4.2 Any Open-Source Software that may be accompanying the Get Local News Software is provided to you under the terms of the open-source license agreement or copyright notice accompanying such Open-Source Software or in the open-source licenses file accompanying the Software. As used herein "Open-Source Software" means Open-Source software components provided with the Get Local News Software that are licensed to you under the terms of the applicable license agreements included with such open-source software components or other materials for the Get Local News Software. This EULA does not apply to any Open-Source Software accompanying the Get Local News Software and Get Local News hereby disclaims any and all liability to you or any third party related thereto.
4.3 Get Local News Software may contain certain Third-Party components embedded therein (“Third-Party Components”). Such Third-Party Components are owned by their respective owners. You acknowledge and agree that the Third-Party Components are a proprietary product of their respective owners and licensors. You further acknowledge and agree that any and all right, title, and interest in and to the Third-Party Components, including associated intellectual property rights, are and shall remain the sole and exclusive property of their respective owners and licensors. This Agreement does not convey to you an interest in or to the Third-Party Components, but only a limited right of use, revocable in accordance with the terms of this Agreement. You may not remove or modify any markings or proprietary rights notices that appear on the Third-Party Components.
4.4 You may not Use the Get Local News Software in any manner that could:
(i) damage, disable, overburden, or impair Get Local News Software (or any server or networks connected to any Get Local News Software, or
(ii) interfere with any third party's use and/or enjoyment of the Get Local News Software (or any server or networks connected to the Get Local News Software).
5.1 The Get Local News Software may automatically download and install updates from Get Local News from time to time. In addition, Get Local News may automatically configure the Get Local News Software to perform certain functions required within the operation of the Get Local News Software. Get Local News Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Get Local News Software. Download and install updates and/or configurations, collectively, will be referred herein as “Software Updates”. Software Updates are designed to improve, enhance, and/or further develop the Get Local News Software and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser’s settings and/or your user experience. Prior to the implementation of a material change in certain Get Local News Software, including Software Updates and/or material changes of this EULA, Get Local News will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and Using the Get Local News Software you agree to receive such Software Updates (and permit Get Local News to deliver these to you) as part of your Use of the Get Local News Software. If you do not agree to such changes, you may uninstall the Get Local News Software that resides on your computer, according to the guidelines set forth below.
5.2 The Get Local News Software is constantly being improved and upgraded as part of our efforts to provide you with the full value of the product. To enable continuous Usage and full functionality of the Software, we may need to adjust the operation of your Browser, including reconfiguring your Browser's settings (as further described above). By Using Get Local News Software, you hereby acknowledge and agree to all such modifications. For further information regarding manual reconfiguration of Browser settings or uninstall instructions, please refer to Section 2 above and Section 6 below. Further, you agree that by Using the Get Local News Software you may periodically send technical data and related information Get Local News to facilitate the provision of updates, product support, and other services to you, if any, related to the Get Local News Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet Browser and/or system. Additionally, you agree that Get Local News may conduct A/B testing and change the look and feel of the Get Local News Software or add additional features in order to improve your experience with the Get Local News Software. In the event that we make Material Changes to this Agreement, we will notify users by posting a notice on the webpage where this Agreement is posted, http://www.getlocalnewsnow.com.
5.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser, certain Get Local News Software will become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
5.4 Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction of, the Get Local News Software, is to uninstall the Get Local News Software.
7.1 The Get Local News Software is licensed, not sold, to you. You acknowledge and understand that Get Local News owns all right, title, and interest in and to the Software, including without limitation all intellectual property rights therein. The Get Local News Software is protected by United States (and other countries’) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Get Local News Software as delivered to you.
8.1 The Get Local News Privacy Policy (available at: http://getlocalnewsnow.com) contains information about Get Local News's data protection policies and explains how Get Local News accesses, collects, uses, and/or shares information that is generated by your Use of the Get Local News Software. By downloading and Using any of the Get Local News Software, you consent to Get Local News’s use of your data in accordance with Get Local News's Privacy Policy.
8.2 Get Local News collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services. Get Local News also also collects information about changes made your browser home page.
8.3 Get Local News prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by Get Local News, in its sole discretion, as part of its terms of service and user agreements.
8.4 In the event that Get Local News goes through a business transition such as a merger, acquisition by another company, consolidation, change of control, reorganization, bankruptcy, or sale or transfer of all or a portion of its assets, your information will be among the assets transferred.
9.1 You hereby acknowledge and agree to only Use the Get Local News Software as permitted in this EULA.
9.2 You agree to comply with all applicable laws, rules, and regulations when using the Get Local News Software. You will not Use the Get Local News Software to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
9.3 You agree that you are solely responsible for (and that Get Local News has no responsibility to you or to any third party) your Use of any Third Party Software or App, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which Get Local News may suffer) of any such breach. Minors. To Use the Get Local News Software, you must be at least eighteen (18) years of age. We reserve the right to request proof of age at any stage, so that we can verify that minors under the age of eighteen (18) are not using the Get Local News Software. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Get Local News Software, we will prohibit and block such a user from accessing the Get Local News Software, and will make all efforts to promptly delete any Personally Identifying Information (as this term is defined in the Get Local News Software Privacy Policy) with regard to such a user, as applicable. By downloading and using the Get Local News Software, you represent that you are at least eighteen (18) years of age.
Get Local News is not obligated to maintain or support the Get Local News Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the Get Local News Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Get Local News Software at your own risk and that Get Local News shall not have any liability to you with respect to such content.
12.1 You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Get Local News Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree that you will not export nor re-export the Get Local News Software nor any technical data related thereto nor any direct product thereof to any country embargoed by the U.S.
12.2 By downloading and using the Get Local News Software, you further represent and warrant that:
(a) you are not a citizen, national, or resident of, are under control of the government of, or located in a country that is, subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, including, without limitation, Cuba, Iran, Sudan, North Korea, Syria, or any country to which the U.S. has prohibited exports; and
(b) you are not listed on any U.S. government list of prohibited or restricted parties, including the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, and you are not listed on the United States Department of Commerce Table of Denial Orders. You will not download or otherwise export or re-export the Get Local News Software nor any technical data related thereto nor any direct product thereof, directly or indirectly, to persons on the above-mentioned lists. You will not Use the Get Local News Software for, and will not allow the Get Local News Software to be used for, any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction.
In addition to the limitations of Get Local News’s liability expressly contained in this Agreement, Get Local News further disclaims any warranty related to your Use of Get Local News Software. You acknowledge and agree that you assume all the responsibility and risk for your Use of the Software and the results and performance thereof and your use of any Third-Party Software. THE Get Local News SOFTWARE IS PROVIDED TO YOU ON AN \"AS IS\"; AND \"AS AVAILABLE\" BASIS, WITHOUT WARRANTY OF ANY KIND. Get Local News DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Get Local News OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Get Local News DOES NOT REPRESENT OR WARRANT:
(I) THAT THE Get Local News SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APP WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
(II) THAT THE OPERATION OF THE Get Local News SOFTWARE OR ANY THIRD-PARTY SOFTWARE WILL BE UNINTERRUPTED OR THAT THE DATA, SERVICES, OR FEATURES PROVIDED THEREFROM WILL BE ACCESSIBLE TO YOU; OR
(III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE Get Local News SOFTWARE, ANY THIRD-PARTY SOFTWARE OR APP, AND ANY DATA ACCESSED THEREFROM. Get Local News MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE Get Local News SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE Get Local News SOFTWARE OR THE THIRD-PARTY SOFTWARE OR APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Get Local News SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE APPLICABLE Get Local News SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL Get Local News, ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF, OR IN CONNECTION WITH, THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE Get Local News SOFTWARE OR ANY THIRD-PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), AND WHETHER OR NOT Get Local News WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL Get Local News'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT, OF OR RELATED TO, THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE Get Local News SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement shall be interpreted and enforced in all respects under the laws of the State of Missouri, USA as applicable to contracts to be performed entirely within the State of Missouri, USA. Any litigation arising out of this Agreement will be brought solely and exclusively in the state or federal courts located in Kansas City, Missouri, and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, Get Local News’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The terms “complaint” and “dispute” mean any dispute, action, complaint, or other controversy between you and Get Local News concerning the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. We hope that any disputes that you have relating to our Site or our Services can be resolved by contacting Get Local News’s customer service at info@getlocalnewsnow.com. If, however, we are unable to resolve any complaint or dispute informally, any complaint or dispute arising out of, relating to, or in connection with these Terms of Service (or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate) and the Services themselves shall only and exclusively be resolved by submission to mandatory, final and binding arbitration by the American Arbitration Association or its successor (“AAA”). If AAA ceases to provide arbitration service, then the term “AAA” shall mean and refer to J.A.M.S. The arbitration shall only be conducted in Kansas City, MO before a single arbitrator, in the English language. The arbitrator shall be a retired judge or justice, or a duly licensed attorney with no less than 15 years of experience in arbitrating commercial disputes involving the retail sale of goods and services. If the parties cannot agree upon an arbitrator within ten days of the filing of the demand for arbitration, the AAA shall select the arbitrator. Either party may commence arbitration by filing a written demand for arbitration with AAA and delivering a copy of such demand to the other party. The arbitration shall be held under the Commercial Arbitration Rules with Expedited Procedures of the AAA then in effect (or the J.A.M.S. Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed). Unless both you and we agree in writing otherwise, the arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. The arbitrator's determination shall be set forth in a brief, written statement reasonably explaining the disposition of the dispute and the amount of any award. The parties shall split the costs of all invoices issued by the AAA to conduct the arbitration but shall otherwise bear their own costs. Notwithstanding anything to the contrary herein, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm from occurring prior to the selection of the arbitrator. ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND YOU AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO ARBITRATE, YOU EXPRESSLY WAIVE ANY RIGHT TO A COURT OR JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. For any non-frivolous claim that is less than $10,000, we will pay the filing fee for the arbitration; provided, however, that if the arbitrator finds that your claim or relief sought is frivolous or brought for an improper purpose you shall promptly reimburse us all amounts paid by us that are your obligation to pay under the AAA rules. If the arbitrator grants an award in your favor based on the merits of your claim and such award is greater than the value of Get Local News's last written settlement offer to you before an arbitrator was selected, then Get Local News will pay you up to twice the amount of the award up to a maximum aggregate amount of $10,000. If we make any amendment to the arbitration provisions, you may reject any such amendment by sending us written notice to the contact address provided below within thirty (30) days after such amendment. By rejecting any such amendment, you agree that you will arbitrate any dispute in accordance with this Agreement. CONTACT
Get Local News
Attn: Counsel
45 Main St. #816
Brooklyn, NY 11201
info@getlocalnewsnow.com
To the maximum extent permitted by law, you agree to defend, indemnify, and hold Get Local News harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to, reasonable attorney fees) arising from or incurred as a result of your Use of the Get Local News Software, including your downloading, installation, or Use of the Get Local News Software, or your violation of this EULA.
Your license to Use the Get Local News Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time by discontinuing the Use of all or any of the Get Local News Software and by destroying all copies of the Get Local News Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at Get Local News’s request either promptly destroy or return to Get Local News all copies of the Get Local News Software in your possession or control. Sections 2, 3, 4, 7 through 14, 16 and 18 shall survive the termination of this EULA.
(a) This EULA and all the policies referenced herein constitute the entire agreement between Web internet Security and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Get Local News.
(b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
(c) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Get Local News reserves the right, at our discretion, to update or revise this EULA.
(d) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
(e) You may not assign your rights under this EULA to any party without Get Local News’s consent. Get Local News may assign or transfer this Agreement or any rights or delegate any obligations of Get Local News hereunder to any third party at its sole discretion and without providing any notice to you or obtaining your consent. Get Local News will be released of all rights or liabilities under this Agreement upon consummation of such assignment, transfer, or delegations.
(f) If any provision of this EULA shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.
(g) Nothing in this EULA will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Get Local News, and you do not have any authority to create any obligation or make any representation on Get Local News’s behalf. If you need to contact us, please contact us here. You can also email us at info@getlocalnewsnow.com or you can send a letter to:
Get Local News
Attn: Counsel
45 Main St. #816
Brooklyn, NY 11201
info@getlocalnewsnow.com