General Terms of Service
By contracting for our services, you represent and warrant that you are at least 18 years of age or older, that you have provided true, accurate, current and complete information as prompted by the Service Registration form by 411locals.com, that you have the authority to enter into this agreement on behalf of the entity listed and perform under the Terms of Service, and that you agree to be bound by the terms and to comply with all applicable laws, rules, regulations and orders. 411locals.com provides local United States businesses with search registration and submission services (Services) to internet search engines like Google, Yahoo and others. For that purpose, 411locals.com must share submitted business information with local search providers. By contracting for services from 411locals.com and/or any of its affiliates, you are bound to the following terms of service, as well as the terms of service of the defined local search providers. 411locals.com reserves the right to update the Terms of Service by posting updates on its website at any time. Any updates will be effective upon date of posting.
411locals.com will not share your information with any businesses other than those who are affiliated with 411locals.com and/or local search providers. You agree to pay any set-up fee(s) as required to begin your service. You also agree by these terms of service to waive any rights you may have under federal or state laws or regulations limiting our telephone communications or methods. You further agree to accept communication from us by any means practicable, including via fax, email, cellular telephone, auto-dialer, and/or SMS/text, unless you notify us otherwise in writing. If you have any questions about these terms, please feel free to e-mail us at: info@411Locals.com. You acknowledge that the use of this service is solely at your own risk.
Subject to the terms and conditions of this Agreement, 411 Locals owns domains and creates intellectual property, including but not limited to web design, all of which is intended to achieve a highly positioned listing(s) in major internet search engines. You may also choose to have 411 Locals use your own existing website. If you choose this option, you agree that 411 Locals is not responsible for the content of your website or any impact it may have on search engine placement. In the event you choose to have 411 Locals use your existing website, the fees for our packages which include that website will neither be pro-rated nor discounted by 411 Locals. You understand and agree that favorable search engine listings themselves are considered valuable intellectual property that shall be the sole property of 411 Locals. Throughout the term of this agreement and beyond, 411 Locals possesses exclusive ownership rights to said intellectual property that has been created through our time and efforts. As an internet advertising company, 411 Locals agrees to effectively lease said listing created by our efforts to you for a monthly fee. 411 Locals maintains the right to use any such intellectual property (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. That excepted, during the term of your agreement with us, 411 Locals shall use said listing for your exclusive benefit, and 411 Locals shall advertise your business by tailoring the specifics of the listing in order to direct customers to you. Once this agreement has terminated and/or if you fail to pay fees to 411 Locals as required per the agreement between the parties, we shall revoke all of your rights in said listing and in the benefits of said listing, and 411 Locals maintains the right to subsequently alter listing in whatever manner we choose in our sole discretion, including the right to place banner ads and/or direct traffic from said listing elsewhere.
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, in 411 Locals sole discretion, may not be accepted for submission into search engines. 411 locals shall not be considered responsible for acts beyond its control including, but not limited to, acts of God, power outages, earthquakes, or other disasters.
By accepting our service you agree to indemnify and hold 411 Locals and its affiliated companies, officers, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service to the maximum extent allowed by law, 411 Locals and its other affiliated companies, any of their officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how such damages may arise, including damages that may arise out of negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, 411 Locals and its other affiliated companies, any of their officers, directors or employees shall not have any liability for any losses arising from services that are not provided, not operational, or not accessible. Many third-party search engines syndicate their content to other search providers. 411 Locals has no control over and offers no warranty or guarantee as to how or where syndication partners may use said information. Company retains the right to alter (add or remove) local search providers included in this agreement at any time and the right to store and alter the provided content prior to submission to the local search providers. 411 Locals further shall have a royalty free, worldwide right and license to access, index, cache, and display the provided content.
411 Locals shall act as an agent on your behalf when submitting your business information to the local search providers. Providing incomplete, inaccurate, or otherwise incorrect information about your business and/or its location may result in your listing being rejected by the local search engines. In that event, no refund will be provided, however you may be provided with the opportunity to correct the information in your listing and to have the information resubmitted.
While 411 Locals will make “good faith efforts” to submit your business information to local service providers within 30 days of receipt of payment, we cannot guarantee submissions will be accepted by the local search providers for inclusion in their index, nor what time frame is required for listings to appear. Company cannot guarantee or warrant how submissions will be displayed or ranked by the local search providers.
When a website is included in the package purchased, good faith efforts will be made to create and publish said website within 9 days after processing the setup fee. When a marketing video is part of the package purchased, good faith efforts will be made to create and publish said website within 12 days after processing the setup fee.
Customer represents to 411 Locals and unconditionally guarantees that the rights to all intellectual property (including, but not limited to, text, graphics, photos, designs, trademarks, logos, brands, or artwork) furnished to us for inclusion in the website is either owned by Customer, or that Customer has received lawful permission from the rightful third-party owners of said intellectual property for us to include in website. Customer will fully indemnify, hold harmless, protect, and defend Company from any claim or suit arising from the use of such intellectual property.
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. 411Locals.com will then charge your credit card (or any successor credit card originating from the same issuer) at the end of each monthly billing cycle. You acknowledge and agree that 411Locals.com will automatically renew your subscription after the initial term ends under same terms and conditions as originally agreed to. You further understand that future monthly service fees may be subject to change, however 411Locals.com will notify you of any changes to monthly service fee at least 10 days prior to renewal of subscription.
Customers choosing to use a Pre-paid credit/debit card to pay for 411locals.com services certify that they are legally authorized to use said card. In addition, they agree to be billed for 411 Locals’ services 30 days in advance of services being provided. Customer authorizes 411 Locals to charge Prepaid Card on file with the Company in a recurring fashion every 30 days for the next month’s service charges. In the event pre-paid card does not have sufficient funds to cover the next month’s charges, 411 Locals may immediately discontinue service to Customer, or may do so at any time thereafter. Customer also agrees that any advance monthly fee paid to 411 Locals by use of a Pre-paid credit/debit card shall be deemed non-refundable in the event service is cancelled at any time for any reason.
Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada. You expressly agree that the exclusive jurisdiction for any claim or lawsuit arising out of or relating to these Terms of Service or your use of services shall be filed only in the courts of Clark County in Las Vegas, Nevada, 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 parts of these Terms of Service is held invalid or unenforceable, that portion shall 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 shall remain in full force and effect.
This agreement is not assignable by you. All communications regarding account management, billing, and/or any other matters regarding your account shall 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. In the event no authorized representative is designated, then the principle credit card account holder shall automatically be designated as the sole authorized representative on said account.
Recurring charges may be cancelled by having the authorized credit card holder contact 411 Locals Customer Service Department at (866) 391-0622. No written e-mails or letters of cancellation will be accepted.
No refunds are given for services contracted for as work shall commence immediately upon initial fees being processed. Recurring service fees are paid for in arrears.
Please keep this billing date in mind to avoid any additional fees. Should you decide to discontinue service it is possible that a final payment will be due at that time.
Late fees and collections:
Late fees per month shall be assessed for each account that is past due. If the account is more than 60 days past due, a collection fee assessed at 30% of the past due amount will be added to the total amount due in addition to any late fees due. This collection fee and any late fees will be charged to your account in addition to a reinstatement fee that is the equivalent to your monthly recurring charge if you re-subscribe for services.
Late fees shall be assessed as follows:
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.
You agree to abide by these General Terms of Service and agree that our Accounts Receivable Department may contact you in order 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.