Specific Terms of Service – Canada
Unless stated otherwise, these Specific Terms of Service including Appendix A attached hereto (“Specific Terms”) apply to ALL services offered by 411 Locals (“411 Locals”, “us” or “we” etc.), including the 411 Locals’ website, applications, and search registration or other services (“Services”) provided to the customer using the Services within Canada (“you”, “your” etc.), and are in addition to the 411 Locals’ General Terms of Service (“General Terms”) available at www.411locals.com. In the event of conflict between these Specific Terms and the General Terms, the Specific Terms shall prevail.
By using our Services, you are agreeing to our General Terms and Specific Terms, as well as any terms of service defined by search providers engaged by 411 Locals on your behalf (“3rd Party Terms”). If you do not agree to be bound as described, immediately cease using our Services and notify us of your cancellation of the Services as permitted herein.
If you have any questions about these terms, please feel free to email us at: info@411Locals.com.
We reserve the absolute right at any time to update the General Terms and Specific Terms for any reason made effective at the time of posting on our website http://411locals.com/. You also acknowledge that 3rd Party Terms and related services or Services may change without our consent or control and agree to such changes when they are posted and/or effective, and hereby release 411 Locals from any and all liability related to such changes. Your continued use of the Services following any such updates or changes will be sufficient consideration for, and will indicate your acknowledgment and agreement to, such changes.
Eligibility
To use our Services, you need to:
- Be at least 18 years of age or older
- Provide true, accurate, current, and complete information in our Service Registration form at 411locals.com
- Have the legal capacity and authority to enter into this agreement on behalf of the entity listed in the form
- Agree to be bound by the General Terms and Specific Terms, and comply with all applicable laws, rules, and regulations
- Pay all fees when due
Services
As part of the Services, 411 Locals provides Canadian businesses with search registration and submission services to search engines like Google, Yahoo, and others. For that purpose, we must share business, personal or other information submitted by you or which is publicly available to search providers in Canada, USA, or other foreign jurisdictions, and you hereby authorize us to do so in our sole discretion and without further consent or notice during the provision of the Services.
411 Locals retains the right to alter (add or remove) search providers at any time, as well as the right to store and alter the information and content provided by you prior to submission to the search providers. 411 Locals will have a royalty-free, worldwide, non-revocable and transferable right and license to use, access, index, cache, and display the provided content.
Privacy
By submitting your business, personal or other information and using our Services, you consent to our Privacy Policy found at http://411locals.com/. In addition to complying with federal and state/provincial privacy legislation, 411 Locals will not share your information with any businesses other than those affiliated with us and/or local search providers in connection with the provision of Services. To the maximum extent permitted by law, you agree to waive any rights you may have under federal or state/provincial laws or regulations limiting our telephone or electronic communications or methods, and consent to communication from us by any means practicable, including via fax, email, cellular telephone, voicemail, ringless voicemail, auto-dialer, and/or SMS/text, unless you notify us otherwise in writing.
You acknowledge that any information transferred to a foreign jurisdiction may potentially be subject to foreign laws, and accessed by courts, law enforcement, regulators, and national security authorities.
Many third-party search engines syndicate their content to other search providers which 411 Locals has no control over, and 411 Locals assumes no liability and offers no warranty or guarantee as to how or where syndication partners may use said information.
Intellectual Property
Subject to these Specific Terms, 411 Locals owns domains and creates other intellectual property (“IP”) offered to you by us as part of the Services, including but not limited to web design, search engine listing and SEO services, all of which is intended to achieve highly positioned listings in major internet search engines.
By signing up for our Services, you agree that 411 Locals has exclusive ownership rights of all IP created by us. As part of the Services, 411 Locals agrees to lease your listing, including certain IP created by us to you for a monthly fee.
411 Locals maintains the right to use any IP (whether audio, video, web content, information about your listing placement on internet search engines, etc.) in marketing or advertising materials for the benefit of 411 Locals. During our provision of Services, 411 Locals will use said listing for your exclusive benefit and advertise your business by tailoring the listing so it directs customers to you.
You may also choose to have 411 Locals use your own existing website. If you choose this option, then you agree that 411 Locals is not responsible for the content of your website or any impact it may have on search engine placement.
If you choose to have 411 Locals use your existing website, the fees for our packages that include a website will not be pro-rated or discounted. You understand and agree that favorable search engine listings are considered valuable intellectual property that will be the sole property of 411 Locals.
Industry Disclaimer
Businesses that specialize in adult-oriented entertainment, illegal products or services, incorporate images or content that are potentially harmful, threatening, obscene, offensive, harassing, or otherwise objectionable, or promote harassment or disparagement based on race, sex, religion, nationality, ethnicity, disability, sexual orientation, or age, may not be accepted for submission into search engines.
Limitation of Liability
You acknowledge that the use of the Services is solely at your own risk.
IN NO EVENT SHALL 411 LOCALS AND ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL 411 LOCAL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO US FOR THE SERVICES SOLD HEREUNDER or ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless 411 Locals, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, 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 breach of these Special Terms, the General Terms, 3rd Party Terms, or your use of the Services, including but not limited to your content and information submissions and use of third party sites and services.
Representation, Warranties, and Covenants
While 411 Locals will make good faith efforts to submit your business information to service providers within 30 days of receipt of payment, we cannot guarantee submissions will be accepted by the search providers for inclusion in their index, nor what time frame is required for listings to appear. 411 Locals cannot guarantee or warranty how submissions will be displayed or ranked by the search providers.
When a website is included in the purchased package, good faith efforts will be made to create and publish that website within 9 days after processing the setup fee. When a marketing video is part of the purchased package, good faith efforts will be made to create and publish that website within 12 days after processing the setup fee.
As our client, you unconditionally guarantee that the rights to all intellectual property you have provided to us to include in your website (including, but not limited to, text, graphics, photos, designs, trademarks, logos, brands, or artwork) are either owned by you or you have lawful permission from the rightful owners to use this content. You will fully indemnify, hold harmless, protect, and defend 411 Locals from any claim or suit arising from the use of such intellectual property as described herein.
Terms of Payment
You agree to pay any set-up fee(s) to begin your Services. After payment of an initial non-refundable set-up fee, you agree to purchase services with the setup fee payment being made on the day of the sale. 411 Locals will then charge any credit card you have on file with us (or any successor credit card originating from the same issuer) at the end of each monthly billing cycle. If your billing cycle ends on a Saturday or a Sunday, the payment could be processed on the Friday prior to the billing date.
You acknowledge and agree that 411 Locals will automatically renew your subscription after the initial term ends under the same terms and conditions as originally agreed to. You further understand that future monthly service fees may be subject to change. However, 411 Locals will notify you of any changes to the monthly service fee at least 10 days prior to the end of your billing cycle. Provincial and local taxes may be assessed based on provincial and municipal requirements.
Customers choosing to use a Prepaid credit/debit card (“Prepaid Card”) to pay for 411Locals’ Services certify that they are legally authorized to use that card. In addition, they agree to be billed for 411 Locals’ Services 30 days in advance of Services being provided. You authorize 411 Locals to charge any Prepaid Card on file with 411 Locals in a recurring fashion every 30 days for the next month’s service charges.
In the event that the Prepaid Card does not have sufficient funds to cover the next month’s charges, 411 Locals may immediately discontinue the Service to you, or may do so at any time thereafter. You also agree that any advance monthly fee paid to 411 Locals by use of a Prepaid Card will be deemed non-refundable if the service is canceled at any time for any reason.
Recording and Tracking of Calls
All calls, which include but are not limited to received, transferred, and initiated calls, may be recorded for quality assurance, training, customer service, and improvement. You specifically consent to said recording and no further consent is necessary.
Cancelation Policy
Canceling recurring charges is super easy. The authorized cardholder must contact 411 Locals’ Customer Service Department at 866-391-0622.
Once the provision of Services has been terminated and/or if you fail to pay the required fees to 411 Locals, we will revoke all of your rights to the listing and any related IP we created for your use as part of the Services. We maintain the right to alter this listing and IP in whatever manner we choose. This includes the right to place banner ads and/or direct traffic from this listing elsewhere.
Refund Policy
There are no refunds available at this time as we start working on your account as soon as we process your initial fee. All recurring service fees are paid for in arrears.
Please keep this billing date in mind to avoid any additional fees. If you decide to discontinue our Services, it is possible that your final payment will be due at that time.
Late Fees and Collections
All past due accounts are subject to late collection and administrative fees. If your account is more than 60 days past due, there will be a collection fee of 30% which will be added to the total amount due. This collection fee will be charged to your account in addition to a reinstatement fee that is equivalent to your monthly recurring charge if you re-subscribe for Services.
Late Fee Assessment:
- 1st Late Fee: 15% of the amount past due will be assessed to the account 11 days after the scheduled due date. (411 Locals will gladly evaluate waiver of this 1st Late fee if your account is brought current within 21 days of the scheduled due date).
- 2nd Late Fee: An additional 15% of the total amount that remains past due will be assessed 30 days after the scheduled due date.
- Should collection activity have to continue, 411 Locals may add additional fees that will be assessed to the total amount that remains due and owing.
By signing up for our Service, you agree that 411 Locals’ Accounts Receivable Department may contact you to make payment arrangements to bring the account current. You also agree that we may use any and all methods of communication when contacting you regarding accounts that are in arrears.
411 Locals’ standard practice is to provide all correspondence, notices, and other relevant documents to you via the email address on file. It is your obligation to provide 411 Locals with a secure, up-to-date, and confidential email address for these purposes. It’s up to you to keep this email address current and to maintain copies of documents for your own files.
Governing Law/Miscellaneous Provisions
These Specific Terms will be governed by and construed in accordance with the laws of the State of Nevada, USA. You expressly agree that the exclusive jurisdiction for any claim or lawsuit arising out of or relating to these Special Terms or your use of Services will be filed only in the courts of State of Nevada, USA, and you further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any part(s) of these Special Terms is/are held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
This Special Terms is not assignable by you. All communications regarding account management, billing, and/or any other matters regarding your account will be conducted between 411 Locals and you, or between 411 Locals and your company’s authorized representative if the identity of said representative is provided to us and authorized in writing by you. If there is no authorized representative, then the principal credit card holder will automatically be designated as the sole authorized representative of the account.
411 Locals will not be considered responsible for acts beyond our control including, but not limited to, acts of God, power outages, earthquakes, or other disasters.
This Special Terms constitute the sole and entire agreement between you and 411 Locals regarding the provision of Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Disclaimer
- We are a transparent service provider. With 411 Locals, you can easily find out how users are interacting with your business online properties which 411 Locals manages, including stats like the number of views and clicks on your business listing on Google.
- While we continuously work to place your business on the Google Search Result Page, we do not guarantee the order in which your business appears on Google Search on Maps. You can learn more about local search ranking on our company blog
- 411 Locals is a Certified Google partner, so we do not work for Google but with Google. If some other third-party representative claims to be employed by Google, ask for their name and request that they email you from their @google.com (not @gmail.com) email address.
- We do not remove your business from Google or access your listing without your explicit permission.
- Straightforward pricing. Before agreeing to work with 411 Locals, you will get an official copy of your agreement by text message or email. We will never charge you a different price than the one you agreed on.
- We will respond by phone within 30 seconds or less during business hours in 98% of the cases. We will investigate your comments about malicious activity on your account and, if necessary, take appropriate action.
