Terms of Service

Last Updated on October 9, 2022.

The following Terms of Service govern all use of the UnityLocal.com website, products, services, events, communications (e.g., emails, phone calls, and texts) and mobile applications or any other website owned and operated by UnityLocal which incorporate these terms of service (collectively, the “Website”), including all content, products, services and support packages provided on the Website. The Website is offered subject to your acceptance without modification of all of the terms of service contained herein and all other operating rules, Business Terms below, and policies (including, without limitation, procedures that may be published from time to time) on this Website by UnityLocal (collectively, the “Agreement”). “UnityLocal” means UnityLocal, LLC.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by this Agreement. If you do not agree to all of this Agreement, then you may not access the Website or use any of the services. If this Agreement is considered an offer by UnityLocal, acceptance is expressly limited to these terms. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Terms Interchangeable
1. The term “Website” shall be interchangeable with the term “Service”.
2. The term “Agreement” shall be interchangeable with the term “Terms”.
Definitions
1. Parties. “You” and “your” refer to you, as a user of the Website. A “user” is someone who accesses or in any way uses the Website. “We,” “us,” and “our” refer to UnityLocal and its subsidiaries.
2. Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Website, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Website. “UnityLocal Content” means Content that we create and make available in connection with the Website. “Third Party Content” means Content that originates from parties other than UnityLocal or its users, which is made available in connection with the Website. “Service Content” means all of the Content that is made available in connection with the Website, including Your Content, User Content, UnityLocal Content, and Third Party Content.
3. Sites and Accounts. “Consumer Site” means UnityLocal’s consumer website (UnityLocal.com and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site. “Business Account” means the account you create to access or use for the purposes of managing one or more businesses’ Content or Advertising on any UnityLocal website and mobile apps. “Account” means any Consumer Account or Business Account.
4. Aggregate Data. “Aggregate Data” means aggregate or otherwise deidentified information about Content, Content metadata, Accounts, and user profiles including but not limited to votes, ratings, rankings, reviews, tags, country, city, postal code, ZIP Code™, and age range, for example, the percentage of voters aged twenty to twenty-nine and the percentage of Accounts in a ZIP Code™.
Additional Terms
Your use of the Website is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Website (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, this Agreement. If you have a Business Account, the Business Terms provided below apply to you.
Eligibility to Using the Website
To access or use the Website, you must have the requisite power and authority to enter into this Agreement . You may not access or use the Website if you are a competitor of UnityLocal or if we have previously banned you from the Website or closed your Account. The Website is available only to individuals who are at least 13 years old.
Relationship
You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and UnityLocal as a result of this Agreement or your use of the Website.
Assignment
The Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with UnityLocal’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate this Agreement and be void.
Service Availability
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Your Account and Website
You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Website. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify UnityLocal of any unauthorized use of your account or any other breaches of security. UnityLocal will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. We reserve the right to close your account at any time for any or no reason. We ask that you provide complete and accurate information about yourself when creating an account in order to bolster your credibility as a contributor to the Website. You may not impersonate someone else, provide an email address other than your own, provide a phone number other than your own, create multiple accounts, or transfer your account to another person without UnityLocal’s prior approval.
Acceptable Use of Your Account and the Website
By accepting this Agreement, you agree not to use, encourage, promote, or facilitate others to use, the Website or your account in a way that is harmful to others ("Acceptable Use"). Examples of harmful use include, but are not limited to, engaging in illegal or fraudulent activities, infringing upon others' intellectual property rights, distributing harmful or offensive content that is defamatory, obscene, abusive, an invasion of privacy, or harassing, violating the security or integrity of any computer, network or communications system, and taxing resources with activities such as cryptocurrency mining. You may not conduct external scans of any kind against the Website infrastructure (including www.unitylocal.com, but not limited to), Services, or related Website infrastructure without written permission from UnityLocal.
UnityLocal Newsletter
By creating an account on UnityLocal.com you give us permission to add your email address to the UnityLocal newsletter. You can unsubscribe at any time by using the link at the bottom of the newsletter.
Communications from UnityLocal and Others.
By accessing or using the Website, you consent to receive communications from other users and UnityLocal through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote UnityLocal or businesses listed on UnityLocal, and may be initiated by UnityLocal, businesses listed on UnityLocal, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with UnityLocal or made through the Website may be monitored and recorded for quality purposes. You can opt-out of certain communications here.
Responsibility of Website Visitors
UnityLocal has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, UnityLocal does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. UnityLocal disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. You are encouraged to report any violations of our Acceptable Use requirements to UnityLocal Legal.
Content
1. Responsibility for Your Content. You alone are responsible for Your Content, and once posted to UnityLocal, 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 UnityLocal.
  
  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, service mark, 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 this Agreement .
2. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, producing statistics from 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 Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content and Aggregate Data from Your Content, for any purpose. Please note that you also irrevocably grant the users of the Website and any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against UnityLocal and its users any claims and assertions of moral rights or attribution with respect to Your Content and Aggregate Data from 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 and Aggregate Data from Your Content.
3. Ownership. As between you and UnityLocal, you own Your Content. We own the UnityLocal Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate ratings, aggregate votes, aggregate statistics, aggregate rankings, analysis, Aggregate Data, and all other elements and components of the Website 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 UnityLocal Content and the Website, 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 UnityLocal 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 Website and the UnityLocal Content are retained by us.
4. Advertising. UnityLocal, its subsidiaries 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.
5. Other. User Content (including any that may have been created by users employed or contracted by UnityLocal) does not necessarily reflect the opinion of UnityLocal. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. UnityLocal does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which this website links, and that link to this website. UnityLocal does not have any control over those non-UnityLocal websites and webpages, and is not responsible for their contents or their use. By linking to a non-UnityLocal website or webpage, UnityLocal does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. UnityLocal disclaims any responsibility for any harm resulting from your use of non-UnityLocal websites and webpages.
Copyright Infringement and DMCA Policy
As UnityLocal asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by UnityLocal violates your copyright or trademark, you are encouraged to notify UnityLocal in accordance with our DMCA policy. You agree we may forward any notification sent pursuant to our DMCA Policy to the user who submitted the User Content at issue.
Representations and Warranties
We are under no obligation to enforce the Agreement on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.
1. You represent and warrant that:
  1. You have read and understood our Content Guidelines;
  2. You have read and understood our Privacy Policy. If you use the Website outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America;
2. You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Website to:
  1. Violate our Agreement, including the Content Guidelines ;
  2. Post any fake or defamatory review or vote, trade reviews with others, or compensate someone or be compensated to post or vote, refrain from posting or voting, or remove a review or vote;
  3. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  4. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  5. Promote a business or other commercial venture or event, or otherwise use the Website for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;
  6. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Website’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;
  7. Solicit personal information from minors, or submit or transmit pornography;
  8. Violate any applicable law;
  9. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or Website Content (other than Your Content), except as expressly authorized by UnityLocal;
  10. Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Website or any Website Content, except as expressly permitted by UnityLocal (for example, as described at www.unitylocal.com/robots.txt);
  11. Reverse engineer any portion of the Website, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice here;
  12. Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
  13. Record, process, or mine information about users;
  14. Access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews, votes or rankings;
  15. Reformat or frame any portion of the Website;
  16. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on UnityLocal’s technology infrastructure or otherwise make excessive traffic demands of the Website;
  17. Attempt to gain unauthorized access to the Website, Accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
  18. Use the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
  19. Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
  20. Use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content; or
  21. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.
Data Privacy
You shall ensure that any and all information or data, including without limitation, personal data, used by you in connection with the Agreement (“User Data”) is collected, processed, transferred and used in full compliance with Applicable Data Protection Laws (as defined below) and that it has all obtained all necessary authorizations and consents from any data subjects to process User Data. If applicable, you shall adopt and maintain appropriate organizational, technical and security measures prior to any such collection, processing or transfer in order to protect against unauthorized access to or use of User Data. You shall immediately inform UnityLocal upon becoming aware of any breach within the meaning of Applicable Data Protection Law relating to User Data (a “Security Incident”) and to cooperate with UnityLocal in any investigation thereof and in the implementation of any measures reasonably required to be taken in response thereto. If required by Applicable Data Protection Laws, the parties will enter into standard contractual clauses under GDPR (as defined below) for the transfer of any User Data outside of the European Union. For purposes hereof: (a) “Applicable Data Protection Laws” means any applicable laws, statutes or regulations as may be amended, extended or re-enacted from time to time which relate to personal data including without limitation (i) prior to 25 May 2018, the EU Data Protection Directive 95/46/EC as transposed into EU Member State law; (ii) from and after 25 May 2018, GDPR and any EU Member State laws implementing the GDPR; and (iii) the e-Privacy Directive 2002/58/EC, as amended and as transposed into EU Member State law and any legislation replacing the e-Privacy Directive and (b) “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Counsel of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

(For UnityLocal Contributors Only) As part of your voluntary contribution to any UnityLocal project, by agreeing to these terms, you are acknowledging and agreeing that your name and email address will become embedded and part of the repository, which may be publicly available. You understand the removal of this information would be impermissibly destructive to the project and the interests of all those who contribute, utilize, and benefit from it. Therefore, in consideration of your participation in any project, you understand that retaining your name and email address, as described above, does not require your consent and that the right of erasure, as spelled out in the GDPR Article 17 (1) b does not apply. The legal basis for our lawful processing of this personal data is Article 6 (1) f ("processing is necessary for the purposes of the legitimate interests pursued by the controller").
Intellectual Property
This Agreement does not transfer from UnityLocal to you any UnityLocal or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with UnityLocal. UnityLocal, the UnityLocal logo, and all other trademarks, service marks, graphics and logos used in connection with UnityLocal, or the Website are trademarks or registered trademarks of UnityLocal, LLC or UnityLocal’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any UnityLocal or third-party trademarks.
Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against UnityLocal and its users any claims and assertions of any moral rights contained in such Feedback.
Third Party Content and Services
The Website may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.

Some of the services made available through the Website and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.
Changes
Although most changes are likely to be minor, UnityLocal may change its Website Terms of Use from time to time, and in UnityLocal's sole discretion. We will provide notification to users who have provided us email addresses of material changes to these Terms by sending an email to the email address specified in your account. We will also provide notice through our Website prior to the change taking effect by posting a notice on our home page or blog. UnityLocal encourages visitors to frequently check this page for any minor changes to the Website Terms of Use. Your continued use of this site after any change to the UnityLocal Website Terms of Use will constitute your acceptance of such change. UnityLocal may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. UnityLocal may also, in the future, remove features at any time without warning.
General Representation
You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Termination
UnityLocal may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your UnityLocal account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to indemnify, defend, and hold harmless UnityLocal, its subsidiaries, divisions, affiliates, contractors, its suppliers, and its licensors, and their respective directors, officers, employees, representatives, and agents (collectively, the “UnityLocal Entities”) from and against any and all claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Website, including Your Content, (ii) your violation of the Agreement, (iii) your breach of your representations and warranties provided under this Agreement , (iv) any products or services purchased or obtained by you in connection with the Website, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. UnityLocal reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of UnityLocal. UnityLocal will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE UNITYLOCAL ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS AGREEMENT , INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
1. THE WEBSITE AND WEBSITE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE UNITYLOCAL ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE UNITYLOCAL ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE WEBSITE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE WEBSITE CONTENT. ACCORDINGLY, THE UNITYLOCAL ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE WEBSITE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE WEBSITE, WEBSITE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, RANKINGS, VOTES, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE.
2. THE UNITYLOCAL ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE WEBSITE, OR THE WEBSITE’S USERS. ACCORDINGLY, THE UNITYLOCAL ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
3. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED WEBSITES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.
4. THE UNITYLOCAL ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE WEBSITE OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE UNITYLOCAL ENTITIES IN CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
5. THE UNITYLOCAL ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE UNITYLOCAL ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY UNITYLOCAL BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS “DISCLAIMERS AND LIMITATIONS OF LIABILITY” SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Disclaimer of Warranty
The Website is provided “as is”. UnityLocal and its subsidiaries, divisions, affiliates, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither UnityLocal nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Partial Invalidity
If any provision of this document is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
Failure to Enforce
The failure of either party to enforce at any time, or for any period of time, the provisions hereof shall not be construed to be a waiver of such provisions or of the right of such party to enforce each and every such provision.
Dispute Resolution
The parties will engage in good faith negotiations to resolve the dispute for a period of ten (10) business days after written notice of the dispute or issue is provided by one party to the other. Within such ten (10) business days, representatives from each party will engage in negotiations to resolve the dispute, and such individuals will meet in person, via video conference or via telephone and attempt to informally resolve the dispute or issues. If those persons are unable to resolve the dispute within such ten (10) business days, then unless the parties have mutually agreed to extend the negotiation period, a party may exercise its rights available to such party under this Agreement or otherwise.
Arbitration
If any dispute, controversy or claim arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through the process laid out in Dispute resolution, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Sioux Falls, State of South Dakota, United States. The arbitration shall be governed by the laws of the State of South Dakota. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. Leave the arbitration clause silent regarding in what manner hearings will be conducted, meaning hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys' fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
Governing law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of South Dakota, United States.

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