. By continued use of our Services, you agree to the terms of the Cookie Policy.<\/span><\/span><\/b><\/p>\n <\/p>\n
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6. Linking to the Services and Social Media Features.<\/span>
\nYou may link to TribeLocal\u2019s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on TribeLocal\u2019s part without prior written consent.
\n<\/span><\/b>These Services may provide social media features that enable you to:<\/span><\/p>\n\n- Link from your own or certain third-party website to content on these \u00a0Services;<\/span><\/b><\/span><\/li>\n
- Send emails or other communications with content, or links to content, on these Services; or<\/span><\/li>\n
- Cause limited portions of content on these Services to be displayed or appear to be displayed on your own or third-party websites.<\/span><\/li>\n<\/ul>\n
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:<\/span><\/p>\n\n- Establish a link from any website that is not owned by you;<\/span><\/b><\/span><\/li>\n
- Cause the Services or portions of them to be displayed on any other site, by for example, framing, deep linking, or in-line linking;<\/span><\/li>\n
- Link to any part of the Services other than the homepage; or<\/span><\/li>\n
- Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Service.<\/span><\/li>\n<\/ul>\n
You agree to cooperate with us in stopping any unauthorized framing or linking We reserve the right to withdraw linking permission without notice.
\n<\/span>We may disable any or all social media features or links at any time without notice in our discretion.<\/span><\/span><\/p>\n <\/p>\n
7. Links from the Services.<\/span>
\nIf the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.<\/span><\/b><\/p>\n <\/p>\n
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8. Licenses.<\/span>
\nTribeLocal is a digital marketing agency platform that helps online advertisement agencies create performance reports, invoices, manage campaign budgets, site audits and various other features that are provided on the application. During the term of subscription or compliance with the terms of service, <\/span>TribeLocal grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to access the Services provided and your information stored on the TribeLocal Services and to make changes to and distribute your downloaded content.<\/span><\/span><\/b><\/p>\n <\/p>\n
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9. Warranties.<\/span>
\nYou warrant and agree not to:<\/span>
\n<\/span><\/b>Resell or make any Services provided to you available to any third party other than those explicitly authorized by TribeLocal<\/span><\/b><\/span><\/p>\n\n- Use the Services to process data on behalf of any third party; modify, hack, or attempt to gain any kind of unwarranted access to the Services, concerned systems, or networks; <\/span><\/li>\n
- falsely entail any kind of association with TribeLocal; <\/span><\/li>\n
- Use the Services for unlawful activities, including but not limited to violating any person\u2019s privacy rights; <\/span><\/li>\n
- Use the Services for any forms of messages that are duplicative or unsought; <\/span><\/li>\n
- Use the Services to store or transmit files and any content that breaches any intellectual property rights or other rights; <\/span><\/li>\n
- Use the Services in any way that interferes with or disturbs the integrity or performance of the Services and its components;<\/span><\/li>\n
- Attempt to decode, reverse engineer or discover the source code being used in the Services;<\/span><\/li>\n
- Use the Services to willingly post, transmit, upload, send or store any content that is illegal, racist, abusive, obscene or discriminatory in nature; <\/span><\/li>\n
- Use the Services to knowingly broadcast, send or store any viruses, malware, Trojan horses, or any other harmful software; <\/span><\/li>\n
- Attempt to use the Services in violation of the Terms of Service.<\/span><\/li>\n<\/ul>\n
10. Resell.<\/span>
\nYour right to use the Services is personal to you and your firm. You agree not to resell the Services without the explicit and written consent of TribeLocal.<\/span><\/span><\/b><\/p>\n <\/p>\n
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11. Services: Uses and Restrictions.<\/span>
\n You may not use any automated program or algorithm to access, acquire copy or monitor any part of the Services in any way except as provided by the Services. TribeLocal reserves all rights to bar such activities. You may not probe, scan, or test the vulnerability of the \u00a0Services or any network connected to the Services, nor breach the security or authentication measures of the Services or any network connected to the Services. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor to the Services, or any other customer of TribeLocal, including any TribeLocal accounts not owned by you. You may not use any inappropriate means to change the Services or the content in way that jeopardizes the functioning or security of the Services. You may not impersonate any individual or organization in order to gain access to the information and content available to them. Any activity that is unlawful or is specified in the terms of service as prohibited, is illegal. The use of such activities is liable to appropriate legal action.<\/span><\/b><\/p>\n12. Free Trial.<\/span>
\n<\/span><\/b>If you register for a free trial, TribeLocal will make some Services available to you on a trial basis, free of charge, until the earlier of:<\/span><\/b><\/span><\/p>\n\n- The end of the free trial period for which you registered to use the applicable Services;<\/span><\/b><\/span><\/li>\n
- The start date of any purchased Service subscriptions ordered by you for such Services; or<\/span><\/li>\n
- Termination of the trial by us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page.<\/span><\/li>\n<\/ul>\n
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ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA BEFORE THE END OF THE TRIAL PERIOD.<\/b><\/span><\/p>\n13. Provision of\u00a0<\/b><\/span>Purchased Services.<\/span> TribeLocal will:<\/span><\/b><\/p>\n\n- Make the Services available to you pursuant to these Terms of Service and the applicable subscription plan;<\/span><\/b><\/span><\/li>\n
- Provide standard support for the Services to you at no additional charge; and<\/span><\/li>\n
- Use commercially reasonable efforts to make the online Services available twenty-four (24) hours a day, seven (7) days a week, except for:<\/span><\/li>\n
- planned downtime (of which we shall give advance electronic notice as provided in the Documentation); and<\/span><\/li>\n
- any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving our employees), Internet service provider failure or delay, or denial of service attack.<\/span><\/li>\n<\/ul>\n
14. Protection of Your Personal Data.<\/span>
\nThe security of your personal information is important to TribeLocal. We have implemented reasonable administrative, technical, and physical security measures designed to secure and protect your Information from accidental loss and from unauthorized access, use, alteration, and disclosure. HOWEVER, as the transmission of information via the internet is not completely secure, although we do our best to protect your Information, we cannot guarantee the security of your information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.<\/span><\/b><\/p>\n15. TribeLocal Personnel.<\/span>
\nTribeLocal will be responsible for the performance of its personnel, including TribeLocal employees and contractors, except as otherwise specified herein.<\/span><\/b><\/p>\n16. Beta Services.<\/span>
\nFrom time to time, TribeLocal may make Beta Services available at no charge. You may choose to try the Beta Services at your discretion. TribeLocal will have no liability for any harm or damage arising out of or in connection with the Beta Services.<\/span><\/b><\/p>\n17. Usage Limits.<\/span>
\nServices are subject to usage limits, including, for example, the quantities specified in selected plans. Your plan will include the features as selected\/customized by you.<\/span> <\/span><\/b><\/p>\n18. Fees and Transactions.<\/span>
\nYou will pay specified fees for all selected Services provided by TribeLocal.<\/span><\/b><\/p>\n19. Invoicing and Payment.<\/span>
\nYou will provide TribeLocal with valid credit card information. If you provide credit card information to TribeLocal, you authorize TribeLocal to charge such credit card for all purchased Services for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either monthly, quarterly, half yearly, <\/span>annually, or in accordance with any different billing frequency stated in the applicable invoice.<\/span> <\/span><\/b><\/p>\n20. Suspension of Service and Acceleration.<\/span>
\nIf any amount owing by you under this or any other agreement for our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts you have authorized us to charge to your credit card), we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend our Services to you until such amounts are paid in full.<\/span><\/b><\/p>\n21. Payment Dispute.<\/span>
\n<\/b>TribeLocal will not exercise its rights of suspension of Services and Acceleration if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.<\/span><\/b><\/span><\/p>\n22. Taxes.<\/span>
\nOur fees do not include any taxes, levies, duties or similar governmental assessments of any nature, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, \u201cTaxes\u201d). You are responsible for paying all Taxes associated with your purchases hereunder.<\/span><\/span><\/b><\/p>\n23. Future Functionality.<\/span>
\nYou agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.<\/span><\/span><\/b><\/p>\n24. Indemnification.<\/span>
\nYou agree to defend, indemnify, and hold harmless TribeLocal, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys\u2019 fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your user Contributions, any use of the Services\u2019 content, services, and products other than as expressly authorized in these Terms of Services or your use of any information obtained from the Services.<\/span><\/span><\/b><\/p>\n25. Disclaimer of Warranties.<\/span>
\nYou understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.<\/span><\/span><\/b><\/p>\nYOUR USE OF THE SERVICES, ITS CONTENT, AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE \u00a0SERVICES ARE PROVIDED ON AN \u201cAS IS\u201d AND \u201cAS AVAILABLE\u201d BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. <\/span><\/p>\nTO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. <\/span><\/p>\nTHE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.<\/span><\/p>\n26. Limitation on Liability.<\/span>
\nTO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE \u00a0SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.<\/span><\/span><\/b><\/p>\n27. Entire Agreement.<\/span>
\nThe Terms of Service, our Privacy Policy, and Cookie Policy constitute the sole and entire agreement between you (referred to<\/span><\/span>\u201cUser\u201d, or \u201cCustomer\u201d of TribeLocal) and Reportgarden, INC. (\u201c<\/span>TribeLocal\u201d, \u201c<\/span>we\u201d, or \u201c<\/span>us<\/span>