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Online Review Management System Terms

Online Review, Response & Reputation Services

411 Locals offers an Online Review Management System service (“Review System”) that allows the Client to more efficiently respond to online reviews of their business via an interactive “Smartphone App” and a Response Scribe service (“Scribe”) that enlists one of 411 Locals’ trained responders to ensure that all of your online reviews are responded to in a timely manner. 411 Locals also offers the Review System and Scribe services together as a complete Online Reputation Bundle (the “Reputation Bundle”). The Reputation Bundle is designed to help the Client’s business and reputation by generating more reviews of the Client’s business from satisfied customers, assisting the Client in improving their online reputation, and increasing consumer confidence by demonstrating the Client’s responsiveness. The Reputation Bundle allows the Client to efficiently monitor customer feedback on major review sites and swiftly respond to online reviews.

The Reputation Bundle includes the following features:

  1. Fully customizable text and email generator, which allows the Client to quickly and easily respond to reviews posted by customers online;
  2. A review generator landing page, which will help drive reviews and customer feedback.
  3. Customized templates for printed materials such as review cards, window clings, and table tents.
  4. Access to technology specifically designed to make responding to customer reviews simpler and more efficient.
  5. Allows for Client responses to be submitted via email as well as text.
  6. Templated responses, to provide the option of responding to reviews in a standardized fashion.

Additional Terms and Conditions (“Terms of Service”):

By contracting for our Online Review Management System service, our Response Scribe service or our combined Online Reputation Bundle (Individually and Collectively referred to as “services”) (“You” and “Client” are used interchangeably within these Terms of Service), 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, that You have the authority to agree to these Terms of Service on behalf of the entity listed and perform under these Terms of Service, and You agree to be bound by the Terms of Service and to comply with any applicable laws, rules, regulations and orders. Specific pricing options for any of the above-mentioned services will be confidentially provided to the Client based on each Client’s custom needs.

1. Payment Authorization.

Clients choosing to use a credit card/debit card to pay for any 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. Client authorizes 411 Locals to charge the card on file with 411 Locals in a recurring fashion every 30 days for the next month’s service charges. In the event the card does not have sufficient funds to cover the next month’s charges, 411 Locals may immediately discontinue services to Client, or may do so at any time thereafter. You acknowledge and agree that 411Locals.com will automatically renew your subscription at the end of each month under same terms and conditions as originally agreed to, however you acknowledge and agree that the monthly service fee shall be subject to change upon renewal. 411Locals.com will notify you of any changes to the monthly service fee at least 10 days prior to renewal of subscription.

2. Applicable Terms and Conditions.

411 Locals’ General Terms and Conditions apply to all Clients and are hereby incorporated by reference. General Terms and Conditions can be accessed at 411locals.com. The Client understands and agrees that although the services shall be provided by 411 Locals, the Client is still liable for complying with all terms and conditions of third-party websites, including business review sites (such as Yelp.com). Terms and Conditions of third-party review sites are therefore hereby incorporated by reference herein, and 411 Locals expressly disclaims any actions that may violate terms and conditions of any third-party website or service.

3. Disclaimers and Indemnity.

411 Locals expressly disclaims any and all promises as to specific performance metrics of the services, and 411 Locals does not guarantee to the Client that the App will generate new business or customers. 411 Locals also expressly disclaims liability for Client’s responses to online reviews, whether they are responses customized or created by 411 Locals or individualized statements, claims, or texts composed by Client. Client shall fully indemnify and defend 411 Locals for any claims, lawsuits, or other actions taken by any third-parties as a result of 411 Locals providing these services, and breach of this provision may result in cancellation of service without notice and without refunds given.

4. Completion Date.

411 Locals will make “good faith efforts” to complete the work requested in a timely manner, and will endeavor to complete the App pursuant to the date agreed to by the parties. Client agrees to cooperate with 411 Locals and supply requested information in a timely manner in order for work to be completed.

5. Project Delivery.

Delivery of work requested shall be accomplished by making the App available to the Client for download by electronic transfer or by other reasonable means. Client understands that 411 Locals will not be providing any telephone or internet service in connection with App usage.

6. Adherence to all Applicable Laws.

The Client agrees that they are solely responsible for complying with all applicable laws, statutes, and regulations, and will indemnify, hold harmless, protect, and defend 411 Locals and its subcontractors and agents from any claim, suit, penalty, tax or tariff arising from their actions and from their use of the App or interaction with third-party websites.

7. Work for Hire.

Any original content specifically requested by the Client is considered a “work for hire”, however it shall remain the intellectual property of 411 Locals until Client makes final payment under these Terms of Service and any additional charges incurred have been paid.

8. Payments.

Payments must be made promptly based upon agreed upon the Client accepting these services and failure to make prompt payments may result in 411 Locals cancelling all services to the Client.

9. Legal Notice.

411 Locals does not warrant that the work provided to create the App will be error-free. The entire risk as to the quality and performance of the work remains with the Client. In no event will 411 Locals be liable to the Client or any third party for any damages whatsoever, including any lost profits, or other incidental, consequential or special damages arising out of the work performed or Client’s use or operation of work performed even if 411 Locals is aware of or has been advised of the possibility of such damages.

10. Additional work

These Terms of Service shall govern the work by 411 Locals in providing the applicable services described above to the Client. Any additional work or services not specified in these Terms of Service must be authorized and paid for by Client. These Terms of Services supersede any prior written or oral agreements between the parties regarding the services.

11. Severability.

If any provision of these Terms of Service shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms of Service is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.

12. Governing Law.

These 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 portion or section of these Terms of Service is held invalid or unenforceable, that portion or section 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.

13. Notices.

Any notice, direction or other communication given under these Terms of Service shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender.

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