Terms of Service
Local Holistic Guide is a dba of Gallant Management LLC in Virginia and it currently provides users with access to a collection of resources, including, a directory of business, websites and products (the “Service”). You understand and agree that the Service may include advertisements, sponsored links, promotional listings, or paid placement. You also understand and agree that the Service may include certain communications from Local Holistic Guide, such as service announcements, administrative messages and a newsletter, and that these communications are considered part of the Service. Unless explicitly stated otherwise, any new features enhancing the current Service, including the release of new LocalHolisticGuide.com features and services, shall be subject to the Terms of Service.
If you choose to register a password protected user profile with Local Holistic – you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Local Holistic Guide has reasonable grounds to suspect that such information is untrue, Local Holistic Guide has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
PASSWORD AND SECURITY
You will receive a password and account name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Local Holistic Guide of any unauthorized use of your password or account or any other breach of security. Local Holistic Guide is not liable for any loss or damage arising from your failure to follow these instructions.
You agree to indemnify and hold Local Holist Guide, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Sites you submit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICE REGARDING USE
You acknowledge that Local Holistic Guide may establish general practices and limits concerning use of the Service. You agree that Local Holistic Guide has no responsibility or liability for the deletion or failure to store any messages and other communications or other Sites maintained or transmitted by the Service. You acknowledge that Local Holistic Guide reserves the right to deactivate accounts that violate our TOS, or violate our Submission Policies. You further acknowledge that Local Holistic Guide reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATION TO SERVICE
Local Holistic Guide reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Local Holistic Guide shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Local Holistic Guide, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Site within the Service, for any reason, including, without limitation, if Local Holistic Guide believes that you have violated the TOS. Local Holistic Guide may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Local Holistic Guide may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Local Holistic Guide shall not be liable to you or any third-party for any termination of your access to the Service.
Your dealings with advertisers found on or through the Service are solely between you and such advertiser. You agree that Local Holistic Guide shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Keep in mind that we may receive commissions when you click our links and make purchases. However, this does not impact our reviews and comparisons. We try our best to keep things fair and balanced, in order to help you make the best choice for you.
The Service provides links to other World Wide Web sites or sources. Because Local Holistic Guide has no control over such sites and resources, you acknowledge and agree that Local Holistic Guide is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Local Holistic Guide shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Local Holistic Guide or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. LOCAL HOLISTIC GUIDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LOCAL HOLISTIC GUIDE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCAL HOLISTIC GUIDE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMIATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOCAL HOLISTIC GUIDE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
EXLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to you on the Service.
Local Holistic Guide trademarks and service marks, and other Local Holistic Guide logos and product and service names are trademarks of Local Holistic Guide. Without Local Holistic Guide’s prior permission, you agree not to display or use in any manner, the Local Holistic Guide Marks.
Local Holistic Guide respects the intellectual property of others, and we expect our users to do the same. If you believe that your work has been infringed or your intellectual property rights have been otherwise violated, please provide Local Holistic Guide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the infringed copyrighted work;
- a description of where the infringing material is located on the site;
- your address, email address, and telephone number;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Terms of Service constitute the entire agreement between you and Local Holistic Guide, superceding any other agreements between you and Local Holistic Guide. The TOS and the relationship between you and Local Holistic Guide shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Local Holistic Guide agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nassau, New York. The failure of Local Holistic Guide to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
PAID LISTING SUBSCRIPTION
As a Local Holistic Guide customer, you are expressly agreeing that we are authorized to charge you a monthly fee at the rate at the time of purchase to the credit card you provided during sign up, or such other replacement credit card as you notified us to use. The monthly fee will be charged on the date that corresponds with the date you signed up for your subscription. You can access your account to check for your next renewal. Your Local Holistic Guide will continue month-to-month unless and until you cancel your subscription or your account is terminated by us. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s charge to your credit card. Subscription fees are fully earned upon payment and there are no refunds or credits for partial months. In accordance with local law, Local Holistic Guide may update information regarding your selected payment method if provided such information by your financial institution. You may cancel your Local Holistic Guide Paid Listing subscription within your account at any time by logging in to your account. Additional information contact customer service at LocalHolisticGuide@gmail.com
SPONSORSHIP ADVERTISEMENT BILLING
As a Local Holistic Guide Sponsorship customer, you are expressly agreeing that we are authorized to charge you a monthly fee at the rate at the time of purchase to the credit card you provided during sign up, or such other replacement credit card as you notified us to use. The monthly fee will be charged on the date that corresponds with the date you signed up for your subscription. You can access your account at via the website to check for your next renewal. Your Local Holistic Guide Sponsorship will continue month-to-month unless and until you cancel your subscription or your account is terminated by us. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s charge to your credit card. Subscription fees are fully earned upon payment and there are no refunds or credits for partial months. In accordance with local law, Local Holistic Guide may update information regarding your selected payment method if provided such information by your financial institution. You may cancel your Local Holistic Guide Sponsorship subscription within your account at any time by logging into your account. For additional information contact customer service at LocalHolisticGuide@gmail.com
- Responsibility for Your Content. You alone are responsible for Your Content, and once posted to LocalHolisticGuide.com, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by LocalHolisticGuide.com.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
- Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against LocalHolisticGuide.com and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- Ownership. As between you and LocalHolisticGuide.com, you own Your Content. We own the LocalHolisticGuide.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, and arrangement of User Content and other Service Content), computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the LocalHolisticGuide.com Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the LocalHolisticGuide.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the LocalHolisticGuide.com Content are retained by us.
- Advertising. LocalHolisticGuide.com and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.