Last Updated on April 5, 2015.
These terms and conditions are effective immediately for those registering accounts and will become effective April 5, 2015 for those with pre-existing accounts.
These terms and conditions (the “Terms” or “Agreement”) govern your access to and use of iLocal (the "Site" or “Website”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Real Strategic Inc., a Florida corporation headquartered in Jupiter, Florida (“We’, “Us” and/or "iLocal").
In order to use iLocal, you must be at least eighteen (18) years old and able to enter into contracts; complete the registration process; agree to the Terms; and provide true, complete, and up to date contact information. By using iLocal, you represent and warrant that you meet all the requirements listed above, and that you won’t use iLocal in a way that violates any laws or regulations. The Site may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for iLocal and continues as long as you use the Service. Clicking the button and entering your username means that you agree to these Terms. If you sign up for iLocal on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or iLocal may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
We do not allow the Site or Services to be used for illegal activities or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventative or corrective actions to protect ourselves and our users from illegal or unacceptable use by any client. Your use of the Site and Services is conditioned upon your compliance with the rules of conduct set forth in this Section, and any failure to comply may result in termination of your access to and use of the Site and Services. While using the Site and Services, you are not to:
You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We don not have access to your current password, and for security reasons, we may only reset your password.
We do not arbitrate disputes over who owns an account and it is your responsibility to maintain access to your account passwords at all time.You agree never to request access to or information about an account that is not yours, and you shall resolve any account-related disputes directly with the other party. We decide who owns an account based on our own internal processes, which may include but are not limited to your ability to password reset, your providing us personally identifiable information or answering questions about your account.
Your account is for your use only. In creating it, we ask that you provide complete and accurate information about yourself and/or your business to bolster your credibility as a contributor to the Site. iLocal users provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false information about your business on iLocal, or create an account for anyone other than yourself without permission. If we disable your account, you will not create another one without our permission. Merchant users will keep contact information accurate and up-to-date. You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
You agree and will abide by the following: You will not post content or take any action on iLocal that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on iLocal if we believe that it violates this this Agreement or our policies. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
You shall respect our proprietary rights in the Website and the software used to provide iLocal. You represent and warrant that you either own or have permission to use all of the material in your emails and that you retain ownership of the materials you upload to the Service (collectively, the “Materials”). We may use or disclose your Materials. We may use your Materials in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Sites"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Materials for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Sites the right to access your Materials in connection with their use of the Site and any Other Sites. Finally, you irrevocably waive, and cause to be waived, against iLocal and its users any claims and assertions of moral rights or attribution with respect to your Materials. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your materials.
We may view, copy, and internally distribute content from your Emails and account to help us spot problem accounts. We have no duty or obligation to review any accounts and are not responsible for users use of iLocal.
You represent and warrant that your use of iLocal will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations and we won't be liable if our Service doesn't meet those requirements. We are not responsible for your use of iLocal. We provide our products for customers to use for legitimate Internet advertising, but as with many powerful tools they may be abused to achieve illegal ends. It is not the intent of iLocal that our products be used to any illegal or illicit purpose and we reserve the right to terminate our relationship with you should you engage in any use of the iLocal products or services that we deem to be illegal or illicit. You also acknowledge that you are responsible for your use of our product and have not relied on Us for legal advice or consultation regarding your intended or actual use of iLocal.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE AND THE SERVICES, INCLUDING ANY DOWNLOADS FROM THE WEBSITE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY’RE BASED ON NEGLIGENCE OR WE’VE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US FOR THE SERVICE THE MONTH BEFORE.
You agree to indemnify, hold harmless and defend us, our officers, directors, employees, agents, and third-party suppliers or affiliates, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against us or any of our officers, directors, employees, agents, third-party suppliers or affiliates, and pay all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by us or any of our officers, directors, employees, agents, third-party suppliers or affiliates, arising out of or relating to:
In the event of a legal dispute between you and iLocal, the prevailing party shall pay the other party's attorney fees.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
The Company does not represent, warrant or guarantee that its Services will achieve the result that you desire or that were proposed or agreed upon as the desired result at the time the Services were purchased or otherwise. THE SERVICES ARE PROVIDED "AS IS" AND WE SPECIFICALLY DISCLAIM, ON OUR OWN BEHALF AND ON BEHALF OF OUR THIRD-PARTY CONTRACTORS, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion
These Terms shall be governed by and construed in accordance with the laws of the State of Florida notwithstanding its laws governing conflicts of laws. Except as hereinafter provided, any dispute arising under these Terms shall be settled and determined by binding arbitration in Palm Beach County, Florida in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended (the “Federal Arbitration Act”), to the exclusion of state laws inconsistent therewith. The terms of the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”) then in effect shall apply except to the extent they conflict with the express provisions of this paragraph. A panel of three independent arbitrators shall conduct the arbitration. The parties shall endeavor to select the independent arbitrators by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States. The award of the arbitrator shall be based on the evidence admitted and the substantive law of the State of Florida (subject to any applicable preemption or supersedence by U.S. federal substantive law) and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator, and such award shall set forth in writing the factual findings and legal reasoning for such award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit iLocal's access to the courts to the extent provided elsewhere herein).
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: iLocal's Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If any section of this Agreement is not enforceable, then that section will be removed and the rest of the Terms will still be valid.
The captions are provided only to make this agreement easier to read and understand and do not affect the way this Agreement is interpreted
Any notice to you will be effective when we send it to the last email or physical address you gave us. Please send Notices to us at email@example.com
These Terms make up the entire agreement and supersede all prior agreements, representations, and understandings.