PRIVACY POLICY
By subscribing to hotlocalbusiness.com, you become a "Member" of Hot Local Business, LLC, ("HLB "). HLB offers services to you, the Member, conditioned on your agreement to adhere to the following Terms of Use without modification of any kind.
Member's agreement with HLB and/or use of HLB ’s services constitutes Member's acceptance to these Terms of Use. These Terms of Use are subject to change by HLB, in its sole discretion, at any time, without prior notice.
Based upon the Member's agreement to adhere to these Terms of Use, HLB grants and conveys to the Member, during paid Membership, a non-exclusive, non-transferable license to use the data, information and services provided through the hotlocalbusiness.com website subject to the License Restrictions detailed below.
License Restrictions Member represents, warrants, affirms and agrees that the data, information and services provided by HLB to Member will only be used by Member and that Member will not permit or allow the data, information and services to be used by an agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity. Member further represents, warrants, affirms and agrees that Member will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by HLB to Member in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:
1. Use other than Member's own personal use, i.e. no commercial purpose or use is permitted;
2. Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
3. Marketing or telemarketing uses;
4. World Wide Web, Internet or online uses;
5. Real estate valuation models, programs or systems;
6. Inclusion or in combination with any other service or product of any kind;
7. Extracting, selecting or drawing out any data element for any use;
8. Real estate appraisal;
9. Credit evaluation and/or supporting;
10. Evaluating risk or marketing/sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
11. Debt collection; and/or
12. Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history.
Proprietary Rights Member represents, warrants, affirms and agrees that the data, information, services and HLB name are proprietary information and property of HLB, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Member's membership only allows Member to use the data, information and services subject to the express limitations and restrictions provided for in these Terms of Use.
Consequences of Non-Compliance with Terms of Use At any time that HLB believes, in its sole discretion, that the Member has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, HLB may immediately terminate the Member's membership and Member agrees that Member's sole remedy for such termination of Member’s membership shall be to receive a pro-rata refund of the membership fee paid by Member for the remaining days of the then current term of prepaid fees. Nothing stated herein shall limit HLB ’s right to pursue all claims and causes of action it may have against the Member for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney’s fees and court costs.
Terms of Membership The term of Member’s membership is based upon the agreed upon term (e.g. monthly, quarterly, semi-annually or annually) and shall automatically renew for indefinite successive renewal terms for the same period as the initial term unless terminated by Member or HLB. However, if the Member accepts a special introductory promotional offer for a membership, then at the conclusion of the specific initial term of the special introductory promotional offer term, the membership shall automatically renew on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly rate at time of renewal until terminated in accordance with the provisions of these Terms of Use.
PAYMENT OF CHARGES A. HLB charges a yearly membership fee ($5388.00). The membership fee is calculated from the day of the term that the Member's paid membership commences. The Member authorizes HLB to, and the Member agrees that HLB may, charge to the Member's credit card, debit card or bank account the Member's regular membership fee for each agreed upon term of the Member's selected membership term. The Member authorizes HLB to, and the Member agrees that HLB may, modify and/or change the term membership fee charged to the Member upon thirty (30) days notice to the Member sent by email. The term membership fee, when paid, is non-refundable and accrues on the first day of each term and/or successive renewal term until canceled, regardless of whether or not the Member accesses the website. If the member does not access the account for a period of 12 months, the account may be set to cancel by HLB. Notwithstanding the language in this paragraph, if the membership resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.
B. On Time Payment: The Member is required to pay all charges on time and agree to submit an accompanying payment authorization in connection with these charges when requested by HLB. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. HLB may terminate or disable the Member's participation in HLB services if the Member fails to pay fully and in a timely manner all amounts due to HLB. If the Member's credit card expires or is otherwise declined for payment, access to HLB services and websites can be modified or suspended without notice to the Member. If any Member payment is more than thirty (30) calendar days past due, interest prorated daily, at the rate of 15 percent per annum on the outstanding balance, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges and/or any other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Member shall pay all costs of collection, including legal fees, incurred by HLB. The Member is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost. All fees are quoted and payable in United States Dollars. The Member is also responsible for paying all applicable taxes for information, content, goods, products or services and any other costs incurred in connection with the use of or access to HLB and its websites.
C. Payment Methods: The Member's complete billing address and telephone number must be provided to process payments. HLB accepts major credit cards including Visa, MasterCard and American Express and may accept bank drafts, including personal checks, money orders, cashier’s checks, and company checks sent by mail. However, for mailed payments, they may not credit the applicable account until additional procedures are completed and after HLB bank certifies receipt of funds — typically five (5) business days. HLB may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
D. Account Discrepancies: A Member may contact HLB Customer Service by e-mail at contact@hotlocalbusiness.com concerning charges or other questions regarding the status of the Member Account. However, if the Member's account questions are not satisfactorily resolved within fifteen (15) business days of Member's calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, the Member must write to the Customer Service Department, HLB, delivered by United States mail. Otherwise, any and all such Member complaints are waived.
Termination HLB reserves the right to cancel services to any Member at any time. The Member may cancel the Member's subscriptions at the end of membership. All fees due to HLB up to the end of the then current term billing cycle at time of termination shall remain payable to HLB unless otherwise specifically provided to the Member in a related specific promotional offer.
The Member may terminate the membership contract by one of three ways:
1. By emailing a cancellation request to support@hotlocalbusiness.com at least two (2) days prior to the desired cancellation date.
2. Cancelling the member within the member’s account dashboard.
3. By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to HLB.
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Member's Membership.
If HLB is unable to provide service for a member that member may be entitled to a full refund. All refunds will be assessed a 3% processing fee.
Member Services HLB allows Members to submit requests for service to independent third-party real estate and other related service providers. Members agree to supply HLB with information about themselves and the property they want to sell or hope to buy. HLB will use this information to provide certain details on an anonymous or non-anonymous basis to third-party affiliates who are, in most cases, members of its network. As HLB uses email and telephones to provide HLB services, all HLB Members hereby consent to receive emails and telephone calls from HLB to qualify for and participate in HLB services. HLB Members consent to receive emails and telephone calls from third parties, as HLB Member's service requests to and/or through HLB may require services from these third parties.
Member affirms that all of the information Member provides to HLB, whether online or otherwise, is accurate and complete. Member also agrees to update HLB with current and accurate information, if at any time the information Member provided to HLB changes. HLB reserves its right to terminate or suspend access to HLB
services to any Member whose information HLB believes, at HLB 's sole discretion, to be inaccurate or misleading.
HLB may refer Professional Service Providers, mortgage lending or other service providers (collectively, "Service Providers") to Members. The terms of any agreement between a Member and any Service Provider referred by HLB are not endorsed, warranted, guaranteed, recommended or otherwise known to or by HLB.
For its services and referrals, HLB may receive payment from Service Providers. Membership with HLB and use of HLB services constitutes Member's acknowledgment of an agreement to this compensation arrangement.
HLB may from time to time offer eligible Members promotional opportunities. Not all Members may be eligible to receive all promotional opportunities.
Property Posting Services: Members may post properties for sale on HLB to market those properties to other HLB users. Member affirms that all of the information and content Member provides to HLB, whether online or otherwise, is accurate and complete. Member also agrees to update HLB with current and accurate information, if at any time the information Member provided to HLB changes. HLB reserves its right to terminate or suspend access to HLB services to any Member whose information HLB believes, at HLB 's sole discretion, to be inaccurate or misleading or otherwise objectionable.
Members agree to only provide content that the member is authorized to provide by law or contractual agreement and that does not violate any other agreement, contract with a third party or the property rights of a third party.
Member further agrees not to provide any information or content to HLB, whether online or otherwise, that is unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any other way.
Grant of License to HLB: A Member who posts properties for sale on HLB grants to HLB an unlimited, unrestricted and royalty-free license to publish and display all, part or a modified version of the content provided by the member on any HLB controlled or sponsored website and on all other HLB controlled or sponsored publications and services. Furthermore, a Member who posts properties for sale with/to HLB, grants HLB permission to distribute, by e-mail or otherwise, all, part or a modified version of the content provided by the Member to all HLB users, partners and affiliates and to any media HLB shall deem advisable in its sole determination for marketing purposes.
Other Service Providers: From time to time HLB may include on its websites third-party Service Providers such as moving services, magazines, or a mortgage service provider. HLB posts these services on its websites as a service to its Members. HLB is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these other Service Providers. It is the Member's responsibility, and HLB encourages this for all Members, to independently investigate the qualifications of each Service Provider and to carefully review each Service Provider offering prior to entering into any engagement.
HLB is not responsible or liable for any acts or omissions created or performed by these other Service Providers. HLB websites may contain links to websites maintained by third-party Service Providers. Such links are provided for Member convenience and reference only. HLB does not operate or control, in any respect, any information, software, products or services available on such websites. HLB 's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.
Third-Party Content and Screening: HLB is a data aggregator of content supplied by third parties and Members and as such does not have editorial control over the opinions, advice, statements, services, offers or other content provided, expressed or implied by third parties, including other Members of HLB. HLB reserves the right, but is not obligated, to screen and review any content provided to HLB and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason HLB deems relevant.
Modification of HLB Services: HLB reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information, goods, content or product, with or without notice to any Member. HLB is not liable to any Member in the event that HLB exercises its right to modify or discontinue any service.
Acceptable Use You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
Restricted Access: We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your user name and password are kept confidential.
Revisions HLB may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
DISCLAIMERS AND LIMITATIONS
HLB attempts to ensure that the information contained in its websites is accurate and reliable; however, errors sometimes occur. HLB does not guarantee the accuracy of the information contained in this site and instructs you to independently verify the accuracy of the information provided. In addition, HLB may make changes and improvements to the information provided herein at any time.
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." HLB, ITS SUPPLIERS, PARTICIPATING LENDERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE MEMBER'S USE OF HLB 'S SERVICES, THE MEMBER AGREES AND ACKNOWLEDGES THAT THE MEMBER'S USE OF ALL HLB INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH HLB AND/OR ITS WEBSITES IS AT THE MEMBER'S OWN RISK. HLB AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF HLB 's SERVICES OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE MEMBER, IF THE MEMBER RESIDES IN SUCH A JURISDICTION.
INDEMNITY: As a condition of use of hotlocalbusiness.com, the Member agrees to indemnity HLB and its suppliers, distributors, or other Service Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Member's use of HLB 's services, including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of this Agreement by the Member.
DISPUTE RESOLUTION The Member agrees that any claim or controversy, arising out of or relating to the use of HLB ‘s services, to the goods or services provided by HLB, or to any acts or omissions for which the Member may contend HLB is liable, including but not limited to any claim or controversy ("Dispute"),shall be finally, and exclusively, settled by arbitration in Las Vegas, Nevada. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to HLB. In any arbitration, HLB will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration being paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Las Vegas, Nevada. Member and HLB agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN THE MEMBER AND HLB WILL BE RESOLVED BY BINDING ARBITRATION IN LOS ANGELES COUNTY, NEVADA. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE MEMBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND HLB RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN LAS VEGAS, NEVADA.
OTHER TERMS These Terms of Use shall be subject to and construed in accordance with the laws of the State of Nevada, excluding its conflict of laws principles. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
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For larger teams, this plan allows you to add up to 10 users.
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Hot Local Business is a software company that provides local businesses with the technology they need to get business done. We empower local businesses to develop sustainable growth and reliable business strategies through our 12-step customer success program combined with access to a multi-product platform to get more Google reviews, collect payments, send SMS & Email campaigns, and centralize all your customer interactions—all from one easy-to-use platform that's modernizing the way local business gets done.
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