Terms of Use

Updated May 1, 2024

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE GETLOCAL PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

 vTerms of Use / User Agreement 

These Terms of Use, together with the privacy policy available at www.GetLocalServices.com/privacy-policy  ("Privacy Policy") and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement". 

IMPORTANT: REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, THE MUTUAL ARBITRATION PROVISION IN SECTION 17 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g). 

This Agreement constitutes a legal agreement between you ("you" or "User") and GetLocal Services, LLC d/b/a GetLocal and its agency, parents, and subsidiaries (collectively, "GetLocal" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.GetLocalServices.com, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "GetLocal Platform". 

By accessing, using or registering with the GetLocal Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the GetLocal Platform. GetLocal's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. 

By using the GetLocal Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. 

To the extent permitted and except where prohibited by applicable law, these Terms of Use include: 

• Your acknowledgement and agreement that GetLocal Services is not responsible nor liable for the conduct, whether online or offline, of any User or Service Professional. 
• Your acknowledgment of and agreement to pay GetLocal's Support Fees that will be applied to each appointment of a Professional Service paid through the GetLocal Platform (Section 3(f)). 
• Your acknowledgment of and agreement to GetLocal's dormant account service fees (Section 3(i)). 
• Your acknowledgment of and agreement to GetLocal's cancellation policies and fees (Section 4(e)). 
• If you enroll in a Recurring Service, a multi-month plan, and/or GetLocal membership under these Terms, your agreement that the selected plan will automatically renew if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)). 
• Your agreement that no claims can be adjudicated on a class basis (Section 18). 
• Your agreement to release GetLocal from liability based on claims relating to Services and otherwise (Section 16) and your agreement to the limitation of time within which a complaint can be brought (Section 21). 
• GetLocal's sole liability with respect to disputes is set forth in the GetLocal Guarantee (Section 3(d)). Services booked and paid for outside of the GetLocal Platform (as described in Section 3(g)) are NOT covered by the GetLocal Guarantee. 
• Your agreement that GetLocal's Guarantee is limited to only Payments paid by Customers through the GetLocal Platform for Professional Services that are booked and paid through the GetLocal Platform, and does NOT apply to any Services obtained directly with a Service Provider. 
• Your agreement to indemnify GetLocal from claims due to your use, misuse or inability to use the GetLocal Platform, Site, App, and/or Professional Services, your violation of this Agreement, applicable laws or third-party rights, and/or information submitted from your account to the GetLocal Platform (Section 17). 
• Your consent to any modifications or amendments to this Agreement (Section 22). Your consent to the collection, use, sharing and transfer of your data within GetLocal systems as outlined in the Privacy Policy as updated from time to time. 

1. GetLocal Platform; Screening. 

a. The GetLocal Platform. The GetLocal Platform is a marketplace platform that makes available certain home services to individuals seeking to obtain home services (“Customers”) that GetLocal fulfills the connection by using independent home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Professionals”). Those certain services requested by the Customers, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services" or "Jobs": Customers understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Customer and Professional, and Customer and Professional may not negotiate the terms of their contract when booked through GetLocal Platform. Professional Services also include Professional Services that are requested through Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of items obtained through the GetLocal Platform or from a third party ("Merchandise"), but shall not be deemed to include the Merchandise itself. GetLocal does not itself provide Merchandise. GETLOCAL, THROUGH THE GETLOCAL PLATFORM, OFFERS INFORMATION AND A METHOD TO BOOK PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES ITSELF, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE CUSTOMER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. GETLOCAL IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY SERVICE PROVIDER OR RETAILER. 

b. Screening and Licensing. FOR PROFESSIONALS THAT REGISTER TO USE THE GETLOCAL PLATFORM IN THEIR INDIVIDUAL CAPACITY, GETLOCAL CHECKS THE BACKGROUNDS OF PROFESSIONALS INCLUDING LICENSING, CERTIFICATIONS, INSURANCE, AND AS NEEDED VIA THIRD PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE ENTITIES, THE SCREENING PROCESS IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY. Each Customer should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. GETLOCAL PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE GETLOCAL PLATFORM. GETLOCAL CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE, LICENSE, INSURANCE, AND/OR BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. GETLOCAL IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S PROFILE. BY USING THE GETLOCAL PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CUSTOMER AGREES TO HOLD GETLOCAL FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. GETLOCAL IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES. 

2. Personal Information; User Accounts. 

a. Collection of your Personal Information. Some of the materials available on the GetLocal Platform may require prior registration to access. If you decide to access such materials, you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy. 

b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the GetLocal Platform. You are solely and fully responsible for all activities that occur under your password or account, except that GetLocal may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. GetLocal has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or any other breach of security, contact us immediately. Nothing in this section shall affect GetLocal's rights to limit or terminate the use of the GetLocal Platform, as provided below in section 4(b). 

c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time. This may be to ensure or protect the Professional Service Providers with accurate information to enable the Professionals to service the Customers’ needs. 

d. Text Messages and Phone Calls. 

(i) General: By using the GetLocal platform, you expressly consent and agree to accept and receive communications from us, including via text (SMS) messages, calls, push notifications, emails, and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the GetLocal Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have paid for and scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by GetLocal, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of GetLocal, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the GetLocal Platform or Services, updates concerning new and existing features on the GetLocal Platform, communications concerning promotions run by us, and news concerning GetLocal and industry developments. For certain Professional Services, you also expressly authorize GetLocal to send you an automated email and/or prerecorded call confirming your Professional Services request, along with calls from the Professional who will help you with your request to the land-line or mobile phone number you provided, and you understand that either GetLocal or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you. You agree that by using the GetLocal Platform and requesting Professional Services, you are entering into a business relationship with GetLocal and/or Professionals and thus agree to be contacted by GetLocal and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the GetLocal Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from GetLocal at any time. 

(ii) Recording: You acknowledge that GetLocal or its third-party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. 

(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from GetLocal, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. GetLocal reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. GetLocal also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. GetLocal, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to major mobile phone carriers.  Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that GetLocal and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from GetLocal through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from GetLocal and the Service Professionals, your use of GetLocal Services may be impacted. GetLocal and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via GetLocal's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information. 

(iv) False Information: If you knowingly inputting false information, including but not limited to name, phone number, address or email address, User acknowledges it is a serious and fraudulent matter and could result in significant costs and damages to GetLocal and the Pro Members and could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a service request, including but not limited to a fake, random or made-up name, email or phone number, or the like, you agree to indemnify and be liable to GetLocal and the professional who provides the services. 

e. Emails. GetLocal may send you confirmation and other transactional emails regarding the Professional Services. GetLocal and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. 

3. Payments; Recurring Services and Recurring Charges; GetLocal Guarantee; Complaints and Claims; Dormant Account Service Charge. 

a. Payments. Customers are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the GetLocal Platform ("Payments"). Prior to the scheduled Professional Service, we will charge the Customer's credit card according to the amount the Customer has agreed to on the GetLocal Platform with respect to those Professional Services and/or Merchandise, the Customer has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Support Fee (as defined in 3(f) below), and the Customer hereby authorizes us to charge the credit card on file in the Customer's GetLocal Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving GetLocal (or a third-party payment processor on GetLocal's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe GetLocal. Depending on the transaction selected or services requested, GetLocal may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with GetLocal at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Customer's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Customer, we will mark the Professional Service as closed. Any Payments paid, or any Professional Services scheduled or obtained outside of the GetLocal Platform are not subject to our GetLocal Guarantee in Section 3(d). Except for the GetLocal Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Customer's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of, specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Customers will be liable for all transaction taxes on the Professional Service(s) provided, as required. If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to GetLocal or third parties, then GetLocal may withhold any payments to you for as long as we determine any related risks to GetLocal or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you. 

b. Price. The base price for a Professional Service paid to GetLocal ("Price") depends on factors, such as service requested, location, size of property and/or home, and many other potential factors as required by service professionals, and, if part of a Recurring Service, how frequently a Recurring Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurring Service as set forth herein. Additionally, you may reach agreement with the Professional for additional payment above the base Price listed for a Professional Service. Customers and Professionals may not re-negotiate pricing that are booked through the GetLocal Platform. Customer and Professionals may continue the business relationship outside the scope of the GetLocal Platform. There will be no penalty to the Professional for declining a Professional Service during an initial Booking Period as specified below in Section 4(e), with the exception that the Professional will not be paid for said booking if they cancel once a job has been accepted. 

c. Recurring Service. 

(i) Recurring Service: When requesting certain Professional Services, Customers may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurring Service"). For example, a Customer may choose that a cleaning be performed every two weeks. When a Customer chooses a Recurring Service, the GetLocal platform will automatically schedule that Recurring Service to occur on future dates indefinitely at the frequency requested by Customer. GetLocal cannot guarantee that the same Professional will be available for each Recurring Service appointment or that Recurring Service appointments will not be canceled. When a Customer signs up for a Recurring Service, Customer will be charged for the initial booking and/or for the recurring service plan booking. Customer may have the option to select payment arrangements via the GetLocal payment platform using third-party services. 

d. GetLocal Guarantee. 

i. The GetLocal Guarantee provides certain limited additional protections provided by GetLocal for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, GetLocal, in its sole discretion, will either (a) have the specific Professional Service reperformed or (b) compensate Customers the amount paid for the original booking.  Customer acknowledges that certain services require Recurring Services to best serve the Customer’s needs. For example, Mosquito or Rodent Control may require Recurring Services to be treated properly. GetLocal does not guarantee the results of certain services as that is between the Customer and the Service Professional. Customer acknowledges that any losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service shall hold GetLocal Services exempt from liability. In the event of losses arising from theft of a Customer's property by a Professional during performance of a Professional Service: (1) The Customer should contact legal authorities. (2) GetLocal will cooperate with law enforcement by providing profile details as available to GetLocal. Customer is eligible for the GetLocal Guarantee provided that the Customer reports the issue within two (2) business days of the Professional Service appointment to our Customer service by visiting the GetLocal Help Center at www.GetLocal.com/help. If the Customer does not report the issue within two (2) business days, the claim is ineligible for the GetLocal Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence. GetLocal Guarantee reimbursement will be handled on a claim-by-claim basis by GetLocal team fielding Complaints and Claims. 

ii. A Customer will be covered under the GetLocal Guarantee, subject to the exclusions in subsection (iii), provided: 

• The Professional Service is paid for in full through the GetLocal Platform; 
• The Customer has not violated this Agreement; 
• The Customer has reported the claim within two (2) business days of the Professional's completion of the Professional Service; 
• The Customer's GetLocal account is in good standing with no outstanding balances owed to GetLocal; 

iii. What is excluded from the GetLocal Guarantee? The "GetLocal Guarantee" does not cover the following: 

• SINCE THE PROFESSIONAL IS AN INDEPENDENT SERVICE PROVIDER, ALL EFFORTS SHOULD BE MADE TO RESOLVE CLAIMS DIRECTLY WITH THE PROFESSIONAL. 
• Any Professional Service that is not booked and paid for directly on the GetLocal Platform; 
• Merchandise; 
• losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes; 
• losses arising out of interruption of business, loss of market, loss of income and/or loss of use; 
• losses for property damage and theft; 
• losses arising from the acts or omissions of a Customer or third party; 
• losses arising from the negligence or misconduct of a third party; 
• losses from pre-existing damages or conditions of the item or property; 
• losses arising from items supplied by the Customer or due to Customer recommendations (e.g., if a manufacturer recommends affixing stove to a wall and a Customer declines to have stove affixed, etc); 
• losses arising from flooding and/or water damage including mold, fungi or bacteria; 
• losses arising from products containing hazardous or harmful materials, acts of terrorism, or pollution; 
• losses as a result of an intentional wrongful act by a Professional; 
• losses arising from normal wear and tear; 
• losses excluded pursuant to Section 16 of the Agreement; 
• losses related to repairs outside of the area where the Professional Services were performed; 
• losses of pets, personal liability or damage to shared or common areas; 
• losses occurring after, or unrelated to, the performance of a Professional Service; 
• losses related to services not explicitly booked through the GetLocal Platform; and 
• losses reported by third parties 

We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. If needed, GetLocal will work with law enforcement should Customer file a police report. SINCE THE PROFESSIONAL IS AN INDEPENDENT SERVICE PROVIDER, ALL EFFORTS SHOULD BE MADE TO RESOLVE DIRECTLY WITH THE PROFESSIONAL. 

iv. How do I submit a Complaint? First report of a complaint must be made within two (2) business days from the Professional's completion of the Professional Service. After the first report, you will be asked to complete the full complaint form within 7 days of receipt. If you do not complete the form in its entirety within 7 days of receipt, your complaint will no longer be eligible for the GetLocal Guarantee. During GetLocal's assessment process, you may be required to provide written detailed account of the complaint. If such information is requested, you will have 30 days from the date of the request to send GetLocal the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact GetLocal to arrange for an extension of time, your complaint will be considered closed and no longer eligible for the GetLocal Guarantee. If any part of Your complaint is approved, then as a condition to any payment to You under the GetLocal Guarantee. 

e. GetLocal Merchandise Policy. 

i. If the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third-party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that GetLocal shall not refund the cost of the Professional Services. GetLocal shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third-party manufacturer or distributor, as applicable, of the Merchandise. 

ii. If any Merchandise is broken only in the course of performing the Professional Services, the liability of repair or replacement is solely with the Service Professional. GetLocal shall not refund the cost of the Professional Services, except as set forth in 3(d) above). 

f. GetLocal Support Fee: GetLocal may assess an additional "Support Fee" to support the GetLocal Platform, including costs related to pro service profile background checks, insurance, licensing, customer support, and related services provided to you by the GetLocal Platform. The Support Fee will be applied to each appointment of a Professional Service requested through the GetLocal Platform (e.g., if you requested a Recurring Service, a Support Fee may be assessed on each Recurring Service appointment). The amount of the Support Fee may vary but shall be retained by GetLocal in its entirety. 

g. Referrals. GetLocal provides Referral and Affiliate Services, as described below. Information regarding the screening for Professionals that provide Professional Services that are requested through Referrals is located here. 

i. For the Professionals that provide Professional Services that are requested through Referrals, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services outside of the GetLocal Platform. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed booked outside of the GetLocal Platform. The Professionals are not employees or agents of GetLocal, nor is GetLocal an agent of the Professionals. 

iI. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Referrals. To contract with a Professional, you must work directly with the Professional. We do not perform, and are not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements. 

iii. Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the GetLocal Help Center. 

4. Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival. 

a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us. 

b. Termination by GetLocal. We may terminate this Agreement or terminate or suspend your right to use the GetLocal Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the GetLocal Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except, in the event that, we terminate or suspend your right to use the GetLocal Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, GetLocal may delete the account and all the information in it. You have no ownership rights to your account. 

c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the GetLocal Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the GetLocal Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by GetLocal. 

d. Cancellation Policy. 

(i) Rescheduling Appointments: If you have selected a Professional Service, you can reschedule any appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the available period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you may be charged a USD $25 fee. This does not guarantee a Professional will be available to fulfill your rescheduled time. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. No monetary refunds will be provided for plan appointments that are skipped or any appointment within the period that is rescheduled to outside of the commitment period. 

(ii) CANCELLATION OF APPOINTMENT: YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES. The credit of the booking will remain on your account for use of future services. Customer agrees and understands that, after requesting and booking a Professional Service (Job) through the Platform, and upon a Professional claiming such Job, Customer and Professional have agreed to a set date and time for services to be rendered. Customer agrees that the consequence of Professional canceling a Job before or after the booking shall be as set out in Section 4(h) of this User Agreement. GetLocal's cancellation policy (found at www.GetLocal.com/help) for specific Professional Services is as follows: (i) if a Customer cancels or reschedules more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Customer cancels or reschedules between 2-24 hours before a scheduled Professional Service appointment, the Customer may be charged a $25 cancellation fee; and 

(iii) if the Customer cancels or reschedules during the 2 hours before a scheduled Professional Service appointment, the Customer will be charged the full Professional Service amount. 

f. GetLocal Membership: Customers. 

(i)  Membership: GetLocal may offer Customers the opportunity to purchase one-time Professional Services at a discounted price provided the Customer first agrees to purchase an annual or monthly GetLocal Platform Membership ("GetLocal Membership"). 

(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase a GetLocal Membership, you will be billed immediately for your initial GetLocal Membership subscription period. BY ENROLLING IN GETLOCAL MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH GETLOCAL MEMBERSHIP, YOU AUTHORIZE GETLOCAL TO CHARGE YOU FOR YOUR GETLOCAL MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR GETLOCAL MEMBERSHIP WILL AUTOMATICALLY RENEW AND IF A RATE CHANGE IS SET TO OCCUR, YOU WILL RECEIVE NOTIFICATION 30-DAYS PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD. YOU WILL BE CHARGED THE APPLICABLE GETLOCAL MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR GETLOCAL MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR GETLOCAL MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE GETLOCAL (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. 

(iii) Cancellation Fees: The cancellation of monthly membership fee is available on GetLocalServices.com/help 

(iv) Declination of Payment: If an eligible payment method GetLocal has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your GetLocal Membership or Services will be canceled. If you provide us with a new eligible payment method and are successfully charged, your GetLocal Membership period will be based on the original enrollment or renewal date and not the date of the successful charge. 

(v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A GETLOCAL MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR GETLOCAL MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT GETLOCAL MEMBERSHIP RENEWAL DATE. You may cancel your GetLocal Membership by visiting the GetLocal Help Center. 

Following cancellation of your GetLocal Membership you may continue to have access to your GetLocal Membership through the end of your current paid GetLocal Membership period. Should you cancel your GetLocal Membership, GetLocal reserves the right to cancel any Professional Service appointments scheduled outside the current paid GetLocal Membership period or to charge the non-Member rate for said service booked. 

(vi) GetLocal Membership Refunds: The GetLocal Membership fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of GetLocal Membership within three days of (1) signing up for GetLocal Membership or (2) converting from a free GetLocal Membership trial to a paid GetLocal Membership, we will refund your GetLocal Membership fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the GetLocal Membership fee (a) if you purchased GetLocal Membership prior to the expiration of the minimum commitment period of a Professional Services plan with a minimum commitment or (b) if you have used your GetLocal Membership to purchase any Professional Services. 

(vii) GetLocal Membership Plan Trial: GetLocal sometimes offers certain Customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. 

g. Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, the GetLocal Platform generally notifies the Customer and attempts to fulfill the Customer's Professional Service request with another Professional. The Customer may re-book services with another Professional available at the same time slot or reschedule with the current Professional booked. For Recurring Service Consumers, if a Professional Service appointment is canceled by a Professional, and the Customer is charged, that fee will be a credit on your account. 

5. Affiliate Partners or Links to and Plug-Ins from Other Websites or Media. Links (such as hyperlinks) from the GetLocal Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, "Third Party Sites") do not constitute the endorsement by GetLocal of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. GetLocal offers an Affiliate Program to help support the connection with Customers and Professionals. Those involved in the Affiliate Program may receive a small form of compensation for their referral to GetLocal. GetLocal does not control any Third Party Sites and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. GETLOCAL EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD GETLOCAL HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES. 

6. Submission Areas. The GetLocal Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chats, news, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with GetLocal (collectively, "Submission Areas"). Some areas in the Submission Areas within the GetLocal Platform will be public and GetLocal will not be responsible for any information or materials posted in such public areas. GetLocal may, in its discretion, publicly post submissions you submit to a non-public area of the GetLocal Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the GetLocal Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the GetLocal Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the GetLocal Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as GetLocal may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the GetLocal Platform. We reserve the right to remove postings from Submission Areas in our sole discretion. 

7. Rules for Use of the GetLocal Platform. During the term of this Agreement, Customers may use the GetLocal Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Customers may use the GetLocal Platform to request Professional Services solely with respect to a location where the Customer is legally authorized to have Professional Services performed. Customers may not use the GetLocal Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Customers agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Customers agree to comply with our complaint and other policies designated on the Site. Customers acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the GetLocal Platform (including but not limited to any Submission Areas) to do any of the following: 

a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer. 

b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party. 

c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users. 

d. Post a review unless such review is your independent and honest opinion. 

e. Use the GetLocal Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law. 

f. Publish, post, upload, distribute or disseminate any profane, pornographic, defamatory, false, misleading, fraudulent, threatening, or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items. 

g. Use the GetLocal Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent. 

h. Conduct or forward surveys, contests, pyramid schemes, or chain letters. 

i. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account. 

j. Spamming is strictly prohibited. Post the same note repeatedly (referred to as 'spamming'). 

k. Post or upload any content to which you have not obtained any rights or permissions to use accordingly. 

l. Restrict or inhibit any other User from using and enjoying the GetLocal Platform. 

m. Imply or state that any statements you make are endorsed by us, without our prior written consent. 

n. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack, or interfere with the GetLocal Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the GetLocal Platform in any manner, or attempt to do any of the foregoing. 

o. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us. 

p. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred, emotional, mental, or physical harm of any kind against any individual or group of individuals. 

q. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner. 

r. Register to use the GetLocal Platform under different usernames or identities, after your account has been suspended or terminated. 

s. Mirror or archive any part of the GetLocal Platform or any content or material contained on the GetLocal Platform without GetLocal's written permission. 

t. Alter transmission data without GetLocal's consent. 

8. No Employment. GetLocal provides a marketplace platform which allows you to obtain certain home services to be completed by independent Professionals, by accepting your request for Professional Services subject to final booking via the GetLocal Platform. GetLocal is not the employer of any Professional and Professionals are not GetLocal’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner. 

9. Special Promotions; Gift Cards and Vouchers. 

a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Consumers. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification. 

b. Promotional Coupons 

i. Promotional coupons are only eligible for the specific services designated by GetLocal. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. GetLocal reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons 

ii. GetLocal promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the GetLocal Platform. Promotional coupons may not be purchased for cash and GetLocal does not sell promotional coupons. They are nonrefundable. 

iii. Promotional coupons will not be applied against any sales, use, gross receipts or taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. 

iv. Your GetLocal account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your GetLocal account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon. 

c. Affiliate or Referral Discounts. In the event that you are given a code through which you may refer a friend to the GetLocal Platform in exchange for an affiliate or referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. GetLocal referral discounts are redeemable only for Professional Services. GetLocal referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at www.GetLocal.com/help. 

d. Vouchers. 

i. GetLocal vouchers for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. 

ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. 

iii. You agree that you will comply with all Voucher terms and conditions. 

iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards 

e. Gift Cards 

i. GetLocal Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. 

ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. 

iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. 

iv. You agree that you will comply with all Gift Card terms and conditions. 

v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. 

vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. 

vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $5,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. 

viii. No credit card, credit line, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. 

ix. A Gift Card is void if copied, altered, transferred, purchased or sold. 

x. Purchases of Gift Cards are final and not refundable. All sales are final 

xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. 

xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. 

xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws. 

10. Intellectual Property Rights. The GetLocal Platform, and the information, data, content and materials, which it contains ("GetLocal Materials"), are the property of GetLocal and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which GetLocal has a right to use as described below. The GetLocal Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. GetLocal and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the GetLocal Materials. Any use of GetLocal Materials, other than as expressly permitted herein, is prohibited without the prior permission of GetLocal and/or the relevant right holder. The service marks and trademarks of GetLocal, including without limitation the Sites, Apps, the GetLocal logo are service marks owned by GetLocal Services, LLC. Any other trademarks, service marks, logos and/or trade names appearing on the GetLocal Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the GetLocal Platform without the express prior written consent of the owner. 

11. Copyright Complaints and Copyright Agent. GetLocal respects the intellectual property of others and expects Users to do the same. GetLocal will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the GetLocal Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to GetLocal a properly submitted copyright notice as indicated below, GetLocal will investigate, and if it determines, in its discretion, that the material is infringing, GetLocal will remove the content and may terminate the access of the User who posted such content to the GetLocal Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following: 

(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included. 

(ii) A statement specifically identifying the location of the infringing material, with enough detail that GetLocal may find it on the GetLocal Platform. Note: Details are required in the statement as a URL is insufficient information. 

(iii) The complete name, address, telephone number and email address of Complainant. 

(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law. 

(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Contact GetLocal with any notices of alleged copyright infringement. 

12. The App / Mobile Devices 

a. The GetLocal Platform may allow you to access our services, download our Apps, upload content to the GetLocal Platform, and receive messages on your mobile device (collectively "Mobile Features"). The Site is Mobile-Responsive; therefore, the Site and App may be used on your mobile device. Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues. 

b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android). 

c. GetLocal is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. GetLocal reserves the right to terminate the use of the Apps or any other aspect of the GetLocal Platform should you be using the Apps or the GetLocal Platform with an incompatible or unauthorized device. 

d. App Store Sourced Application. 

(i) With respect to Apps accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. GetLocal reserves all rights in and to the Apps not expressly granted to you under this Agreement. 

(ii) You acknowledge and agree that (i) this Agreement is valid between you and GetLocal only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) GetLocal, not Apple, is solely responsible for the App Store Sourced Application and the GetLocal Platform Content. 

(iii) Without limiting any provisions of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. 

14. Modifications to the GetLocal Platform. We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the GetLocal Platform or any content or information on the GetLocal Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the GetLocal Platform. 

15. Confidentiality. The term "Confidential Information" shall mean any and all of GetLocal's trade secrets, confidential and proprietary information, personal information and all other information and data of GetLocal that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The GetLocal Platform contains secured components that are accessible only to those who have been granted a username and password by GetLocal. Information contained within the secure components of the GetLocal Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of GetLocal and agree that you will not use Confidential Information other than as necessary for you to make use of the GetLocal Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify GetLocal in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to GetLocal upon termination of this Agreement for any reason whatsoever. 

16. Disclaimer of Warranties; Limitation on Liability. 

a. USE OF THE GETLOCAL PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GETLOCAL PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER GETLOCAL NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE GETLOCAL PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE GETLOCAL PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GETLOCAL PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE GETLOCAL PLATFORM OR THIS AGREEMENT. ACCESS TO THE GETLOCAL PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER GETLOCAL NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GETLOCAL PLATFORM. NEITHER GETLOCAL NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE GETLOCAL PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. GETLOCAL AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. 

b. NO LIABILITY. YOU AGREE NOT TO HOLD GETLOCAL, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE GETLOCAL PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY GETLOCAL OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL GETLOCAL OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE GETLOCAL PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE GETLOCAL GUARANTEE, UNDER NO CIRCUMSTANCES WILL GETLOCAL OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE GETLOCAL PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE GETLOCAL'S GUARANTEE. GETLOCAL AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE GETLOCAL PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT GETLOCAL OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO GETLOCAL DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE GETLOCAL GUARANTEE AS SET FORTH IN SECTION 3(d). 

c. RELEASE. GETLOCAL AND PRO MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS AND MEMBERS OF THE GETLOCAL PLATFORM. TO THE EXTENT THAT THE GETLOCAL PLATFORM CONNECTS A USER TO A THIRD-PARTY SERVICE PROVIDER, GETLOCAL WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE GETLOCAL FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR PRO MEMBERS, YOU RELEASE GETLOCAL AND ITS AGENCIES, FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. 

d. ADDITIONAL DISCLAIMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE GETLOCAL PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES THAT ARE POTENTIALLY DANGEROUS, HARMFUL TO HUMANS AND/OR PETS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE GETLOCAL PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK. 

NOTHING IN THIS AGREEMENT OR THE GETLOCAL PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT A PROFESSIONAL. 

BY USING THE GETLOCAL PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE GETLOCAL PLATFORM. 

YOU ACCEPT THAT, AS A CORPORATION, GETLOCAL HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST GETLOCAL'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE GETLOCAL'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS GETLOCAL. 

EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 

17.Indemnification. You hereby agree to indemnify, defend, and hold harmless GetLocal, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the GetLocal Platform, any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the GetLocal Platform. GetLocal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of GetLocal. 

18.Mutual Arbitration Agreement. 

a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and GetLocal, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and GetLocal may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to GetLocal. GetLocal's address for such notices is: by mail to GetLocal Services, LLC, Attn:  Legal, 1000 Northwest Street, Suite 1200, Wilmington, DE 19801. 

b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and GetLocal agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, GetLocal will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below. 

c. Excluded Disputes. You and GetLocal agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual. 

d.WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. 

You and GetLocal agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. 

e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. 

f. Severability. You and GetLocal agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 18 will be given full force and effect. 

19.Governing Law; Jurisdiction. Except for the Arbitration Agreement in Section 18, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New Castle, Delaware. 

20.Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns. 

21.General Provisions. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-23, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and GetLocal with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to GetLocal. GetLocal's mail address for such notices is: GetLocal Services, LLC, Attn:  Legal, 1000 Northwest Street, Suite 1200, Wilmington, DE 19801. 

The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by GetLocal, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. 

22.Changes to this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the GetLocal Platform. Your continued use of the GetLocal Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. 

23.Severability These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 

24.Contact Information. If you have any questions regarding this Agreement, please contact us at legal@getlocalservices.com  or by mail to: GetLocal Services, LLC, Attn:  Legal, 1000 Northwest Street, Suite 1200, Wilmington, DE 19801. 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE GETLOCAL PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.