THE LOCAL BEST TERMS OF SERVICE

AGREEMENT. This Website is owned and operated by THE LOCAL BEST. The following terms and conditions shall apply to each User. If this Agreement does not answer Your questions, we invite You to email us at info@thelocalbest.com. Carefully review the Definitions near the end of the Agreement - those definitions are important and will help you understand this Agreement.

By accessing this Website, Sending or Submitting information, You agree to this Agreement which is a legally binding agreement. If You do not agree, You may not view, print, distribute, Submit, Send, or otherwise utilize this Website. THE LOCAL BEST reserves the right to change these terms of use from time to time at its sole discretion without notice. You should always review this Agreement prior to each visit to ensure that You have the full understanding of the current terms, conditions, and Privacy Policy. In the case of any violation of this Agreement, THE LOCAL BEST reserves the right to seek all remedies available by law and in equity of such violations.

THE COMPANY. THE LOCAL BEST operates a Website that allows the public to express their opinion on various companies providing goods and services in various communities. THE LOCAL BEST does not make our own recommendations, but rather relies on the opinions of real consumers.

THE LOCAL BEST RESULTS. THE LOCAL BEST does not recommend any person, entity, product or service. Users of the Web Site, through their Submissions, rank vendors in specific categories and THE LOCAL BEST announces the results of the User opinions. The individual experience of any User or other person/entity of such third party may vary, from time to time, and THE LOCAL BEST does not confirm, verify, investigate, or adopt the opinions of Users. THE LOCAL BEST reserves the right to review the results of all voting and USER submissions to monitor and remove evidence of fraudulent, duplicative or irregular voting or submissions.

CONTENTS AND DISCLAIMER OF WARRANTIES. The information contained in this Website is not guaranteed to be accurate, current or complete. THE LOCAL BEST has attempted to provide accurate information on this Website, but assumes no responsibility for the accuracy of the information. Information on this Website may contain inaccuracies or typographical errors, and may be changed or updated without notice.

THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW.

THE LOCAL BEST AND ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE HEREBY DISCLAIM: (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS WEBSITE OR ANY PART OF IT; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS WEBSITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE OR IN ANY PRINT FORM, AND (E) WARRANTIES RELATING TO WEBSITES OR COMPANIES OR VENDORS WHICH THIS WEBSITE IS LINKED.

THE LOCAL BEST MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE OR SERVICE PURCHASED OR ORDERED FROM ANY THIRD PARTY, AND MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE NOR ANY IMPLIED WARRANTY OF MERCHANTABILITY.

INFORMATION. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice. Market segments and consumer moods change frequently. THE LOCAL BEST may change the services, recommendations, and/or information contained on this Website at any time, without prior notice.

PRIVACY POLICY. You agree to our Privacy Policy, and agree to review it each time you visit our Website.

CUSTOMER INFORMATION. Any information Submitted by a Viewer to THE LOCAL BEST, becomes the property of THE LOCAL BEST, subject only to the Privacy Policy.

LIMITATION OF LIABILITY. USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE LOCAL BEST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, PERSONAL INJURY, THIRD PARTY PRODUCT OR SERVICE DELAY, THIRD PARTY PRODUCT OR SERVICE FAILURE OR DEFECT, OR OTHER INTANGIBLE LOSSES (EVEN IF THE LOCAL BEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL INCLUDE, BY WAY OF EXAMPLE AND NOT LIMITATION, DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (iv) DELAYS, (v) LOSS OF DATA, OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE, OR ANY ITEM YOU SUBMITTED TO US. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID THE LOCAL BEST FOR THE USE OF OUR WEBSITE. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE.

CONSENT TO E-MAIL COMMUNICATION. By Submitting information to THE LOCAL BEST, and each time you view the Web Site or contact us, You grant permission for THE LOCAL BEST to contact You at Your e-mail address. To stop receiving our marketing emails, send an e-mail to us at optout@thelocalbest.com or follow the opt-out procedures set forth in such marketing emails.

INDEMNITY. Each User agrees to defend, indemnify and hold THE LOCAL BEST, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys' fees, due to or arising out of use of this website by the User, violation or breach of this agreement, or any violation of any rights of another by the User.

REPRODUCTION OF CONTENT. The content in the website is protected by United States and International copyrights. User agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the website without the prior permission of THE LOCAL BEST. Notwithstanding the foregoing, THE LOCAL BEST grants each viewer the personal right to download Website materials for personal non-commercial use.

NO GRANT OF LICENSE. Nothing on the Website or on any THE LOCAL BEST website, or Your use of the Website, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of THE LOCAL BEST, its affiliates or any third party, whether by estoppel, implication or otherwise.

TRADEMARK INFORMATION. THE LOCAL BEST, THELOCALBEST.COM, together with the design logo, are trademarks of THE LOCAL BEST (the "THE LOCAL BEST Marks"). User agrees not to display or use the THE LOCAL BEST Marks in any manner without first obtaining written permission of an authorized representative of THE LOCAL BEST.

COPYRIGHTS AND COPYRIGHT AGENTS. THE LOCAL BEST respects the intellectual property of others, and we ask all Viewers and contributing writers to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide THE LOCAL BEST with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that You claim has been infringed;
  3. a description of where the material that You claim is infringing is located on the Website;
  4. Your address, telephone number, and e-mail address;
  5. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement is the person named below, who can be reached as follows:

Hagen, Wilka & Archer, LLP
600 South Main Avenue, Suite 102
P.O. Box 964
Sioux Falls, SD 57104

JURISDICTION. User understands and agrees that use of this Website is not intended to and does not create jurisdiction in any state or country other than South Dakota of the United States of America. User understands and agrees not to use this Website if User deems electronic communication as consent to jurisdiction in any other state or country. User further understands and agrees that the information on this Website is not directed towards any specific jurisdiction other than South Dakota of the United States of America. User understands that the information on this Website was published and maintained from South Dakota. User acknowledges and agrees that all information contained on this Website is deemed "published" when first posted to our web server.

DISPUTES. Any claims by any User against THE LOCAL BEST relating in any way to Your Submission, inquiry, use of the Website, or attempted or actual interaction with THE LOCAL BEST shall be submitted to confidential arbitration in Sioux Falls, South Dakota. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Subject to the last sentence of this paragraph, in any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney's fees. In the event that this arbitration provision is unenforceable, any litigation regarding this Agreement or any transaction between the User and THE LOCAL BEST shall be brought in the state or federal courts located in Minnehaha County, South Dakota, and hereby agrees and submits to such jurisdiction and venue as exclusive and proper. In the event THE LOCAL BEST is successful in the arbitration, it shall be awarded its reasonable costs, expenses and attorney fees.

TITLES. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

WAIVER. Any waiver of this Agreement must be in writing and signed by THE LOCAL BEST.

GOVERNING LAW. This Agreement and the relationship between User and THE LOCAL BEST shall be governed by the laws of the State of South Dakota, without regard to its conflict of law provisions.

DEFINITIONS.

  • "Agreement" shall mean these Terms and Conditions, and the Privacy Policy.
  • "The Local Best" shall mean The Local Best, LLC, a South Dakota limited liability company
  • "Customer" includes any individual or entity that registered with our Website, or any individual or entity that Sends information to us.
  • "Send", "Sending", "Submitting", or "Submission", or any variation thereof, means the transmission of any data to us for any reason, including any vote, feedback, suggestion, submission of data for any of our online surveys, mailing us information, or responding to any electronic or written communication.
  • "User" includes Viewers and Customers.
  • "Viewer" includes any individual or entity that views, prints, distributes or otherwise uses the contents of this Website whether in electronic or printed form.
  • "Website" shall include any information contained upon www.thelocalbest.com or any website that mirrors the content of www.thelocalbest.com
  • "You" or "Your" includes Viewers and Customers.

ENTIRE AGREEMENT. This Agreement and the Privacy Policy constitutes the entire agreement between User and THE LOCAL BEST. This Agreement supersedes any prior agreements between User and THE LOCAL BEST. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon either party unless published upon the THE LOCAL BEST website at www.thelocalbest.com/home/tos or agreed to in writing between the respective parties.