Local Mojo
 

 Subscriber Service Agreement

1.    Acceptance of Terms
This is a legal agreement ("Agreement") between you, the user, together with any company or other business entity you are representing, if any (collectively, the "Subscriber") and Local Mojo, LLC("Local Mojo"). This Agreement governs the access and use of all products and services, including but not limited to Local Mojo Web Sites, for which Subscriber registers and which are provided by or through any web site or co-branded web site owned or controlled by Local Mojo, or any successor web sites (collectively, the "Service"). IF SUBSCRIBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.
In order to use the Service, you  must agree to the Terms.  You can accept the terms by:
A.  clicking the accept or agree to the Terms; where this option is made available; or
B.  by actually using the Service.  In this case, you understand and agree that Local Mojo will treat your use as acceptance of the Terms from that point onwards.
You may not use the Service and may not accept the terms if you are not of legal age to form a binding   contract with Local Mojo.

The Service is offered to Subscriber conditioned upon Subscriber's acceptance without modification of this Agreement. Subscriber acknowledges that, from time to time, it may be necessary for Local Mojo to update or revise certain provisions of the Agreement. By signing up for any Local Mojo Service and accepting this Agreement, Subscriber agrees that Local Mojo may change the terms of the Agreement in its sole discretion without specific notice to Subscriber. If Subscriber does not agree to the changes proposed by Local Mojo, or to any terms in this Agreement, Subscriber's sole and exclusive remedy is to cancel Subscriber's Local Mojo Service ("Subscriber's Account") once Subscriber has met the agreed minimum contractual obligation. Notwithstanding the foregoing, Local Mojo reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

2.    General Use of the Service
Subscriber shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Subscriber agrees that Subscriber will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Subscriber created Web sites, (collectively, "Subscriber Site") in accordance with this Agreement. This means, among other activities, that Subscriber agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Subscriber agrees that Subscriber will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Subscriber may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Local Mojo, Subscriber agrees that Subscriber will not access or attempt to access password protected, secure or non-public areas of the Service. If Subscriber attempts to access prohibited areas of the Service, Subscriber may be subject to prosecution.

3.    Charges, Billing and Advertisements
Local Mojo reserves the right to charge fees for the Service or any portion thereof and any applicable fees will be posted on the Local Mojo Web Site. If Subscriber is required to pay a fee for all or any part of the Service for which Subscriber has chosen to register, Subscriber hereby authorizes Local Mojo to charge Subscriber's valid and current credit or debit card in advance for all applicable fees incurred by Subscriber in connection with Subscriber's chosen Service and Subscriber's Account. Subscriber's Service and Account will automatically renew at the end of each subscription period, unless the Service or Subscriber Account is terminated in advance of the end of the then-current term.

4.    If there are any annual, monthly or similar periodic subscription fees associated with the Subscriber Account, these fees will be billed automatically to the Subscriber's designated valid and current credit or debit card at the start of each renewal period, unless Subscriber terminates the Service before the relevant period begins. If Subscriber registered for the Service using a Local Mojo promotional code or discount, after the initial promotional period expires, Subscriber's subscription (base package and any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Service. Subscriber further acknowledges that it is Subscriber's responsibility to notify Local Mojo of any changes to Subscriber's credit card and to update Subscriber's credit card number if Subscriber's credit card has expired otherwise Subscriber's access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars. Local Mojo shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period.

Local Mojo reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which Local Mojo does not currently charge a fee) at any time, provided, however, that Local Mojo will provide Subscriber with reasonable notice prior to making any fee changes. In addition, Local Mojo will also give Subscriber reasonable notice before any modification to the Service that could adversely impact Subscriber's Site(s). If Subscriber finds any change to the Service to be unacceptable, Subscriber is free to cancel any part of the Service or Subscriber's Account at any time, but any remaining portion of Subscriber's prepaid fees when Subscriber cancels any part of the Service or Subscriber's Account will not be refunded, and any term obligation set forth in an agreement must be met before the cancellation.

Subscriber agrees to pay Subscriber's Account balance on time. Subscriber also agrees to pay any taxes, including sales or use taxes, resulting from Subscriber's use of the Service. Subscriber is responsible and liable for any fees, including attorney and collection fees that Local Mojo may incur in its efforts to collect any remaining balances due from Subscriber. This Section 4  shall in no way limit any other remedies available to Local Mojo. Subscriber also acknowledges and agrees that Subscriber will be billed for and will pay any outstanding balances if Subscriber cancels Subscriber's Account or Subscriber's Account is terminated due to Subscriber's breach of this Agreement. Subscriber must notify Local Mojo of any billing problems or discrepancies within sixty (60) days after they first appear on Subscriber's credit card account statement. If Subscriber does not notify Local Mojo within sixty (60) days, Subscriber waives any right to dispute such problems or discrepancies.

If Subscriber has registered for a trial of a Service ("Trial Period"), Subscriber will have the entire Trial Period within which to purchase the Service Subscriber is using in order to retain any Subscriber Content (as defined below) that is on the Subscriber Site(s) that Subscriber built during the Trial Period. If Subscriber has not purchased the Service by the end of the Trial Period, all of the Subscriber Content and Local Site will be deleted. Local Mojo is not responsible for any damages to Subscriber in the event Subscriber decide not to purchase the Service and Local Mojo deletes the Subscriber Content after the Trial Period expires.

Local Mojo may display advertisements and promotions on any portion of the Service which it provides to Subscribers free of charge, excluding limited timed free trial accounts. The manner, mode and extent of such advertising by Local Mojo are subject to change without specific notice to you.  Please see section nine (9) of this Agreement for more information regarding third party advertising content.

5.    Local Mojo Support Services
Local Mojo offers email and phone support services. Subscribers in good standing may submit an unlimited amount of support related questions or concerns by email to Local Mojo on-line customer support and directed to Customer_Service@LocalMojo.com. Most telephone support is available at no additional charge, such support service is limited to technical questions only. Questions related to, but not limited to, design, search engine optimization, marketing planning or similar services shall not be included in the phone support services offered at no additional charge. Phone support incidents that are not specified to be at no additional charge, may be billed to the customer at the rate of $39.99 per hour or $10.00 per incident once the rate and terms have been disclosed to the subscriber and agreed to by the subscriber.

6.    Phone Support Service
Subscribers in good standing are eligible for phone support for technical issues, as determined solely by the phone support representative and as outlined above.

7.    In order for Subscriber to participate in the Service, Local Mojo will require Subscriber to provide specific information about Subscriber and/or and Subscriber's business. If Subscriber chooses to become a customer, Subscriber agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Subscriber's affiliation with any person or entity. Subscriber shall maintain a valid email address at all times. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Subscriber shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Local Mojo for such actions as set forth in Section 18.

Any information supplied by Subscriber upon registering for the Service and any other information about Subscriber and/or Subscriber's business (collectively, "Subscriber Data") is subject to Local Mojo's Privacy Policy.  You can read Local Mojo’s privacy policy at www.localmojo.com/privacy-policy.php

8.    Local Mojo will send Subscriber newsletters and email messages to inform Subscriber of new products, promotions, features and helpful tips for Local Mojo services. Local Mojo will also use email to inform Subscriber of important policy changes or subscription renewal notices. For more information, Subscribers may review the Local Mojo Privacy Policy, which is hereby incorporated into this Agreement.

9.    Subscriber Account Limitations
Subscriber hereby acknowledges that Local Mojo may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on the Subscriber Web Site will be retained by Local Mojo, (b) maximum limits on bandwidth usage that will be allotted to Subscriber, (c) maximum limits on storage space, (d) the maximum number of Web sites per Subscriber Account, (e) maximum number of photographs or other data according to the type of Subscriber Account, (f) maximum limits on the number of pages within each Subscriber Web Site, and (g) maximum time limitations for the retention of Subscriber Content following a Trial Period or account cancellation. Local Mojo further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Subscriber has registered. Subscriber agrees that Local Mojo has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Subscriber further acknowledges and agrees that Local Mojo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Local Mojo reserves the right to charge Subscriber for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees.

10.    Content Submitted to Local Mojo
Local Mojo reserves the right (but shall have no obligation) to monitor, filter, pre-screen, or otherwise remove any content stored in its servers. Local Mojo is not responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any data or information provided by subscribers or any and all third party providers. Subscriber acknowledges that Subscriber should always use caution when posting any personally identifying information about Subscriber or Subscriber's employees on the Service, the Subscriber Site, or any other user sites.

11.    Subscriber Conduct
Subscriber's right to use the Service is personal to Subscriber and Subscriber's company and its employees (if applicable). Subscriber, and not Local Mojo, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Subscriber Content") posted via the Service. Subscriber is also solely responsible for compliance with all laws, regulations and ordinances connected with all aspects of Subscriber's use of the Service. Subscriber shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Subscriber must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Subscriber's use of the Service. If the Service does not provide adequate facility or features for Subscriber to provide such Information and Actions, then Subscriber shall not use the Service.

Local Mojo does not control or monitor the Subscriber Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Local Mojo reserves the right, but is not obligated to review the Subscriber Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. Local Mojo also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Subscriber Content in Local Mojo's sole discretion. With respect to the content on the Subscriber Web Site, Subscriber agrees not to:
a.    post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Subscriber's affiliation with a person or entity to others, including, but not limited to, consumers;
b.    post, upload or otherwise transmit any content that is threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially and ethnically objectionable;
c.    post, upload or otherwise transmit any content that Subscriber does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d.    post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
e.    post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of Local Mojo, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
f.    post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on Local Mojo's infrastructure that exceed the limits provided by the Service for which Subscriber registered;
g.    post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h.    interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i.    intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
j.    forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;
k.    promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
l.    sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that (i) Subscriber cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Subscriber Web Site could cause Local Mojo to violate any law, statute or regulation; or
m.    post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor).

12.    Third Party Content
For Subscriber's convenience, the Service may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of Local Mojo and Local Mojo is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Local Mojo reserves the right (but shall have no obligation)to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. Local Mojo is providing such Third Party Content to Subscriber only as a convenience, and the inclusion of such content does not imply endorsement by Local Mojo of such content or the affiliate or advertiser. Subscriber may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Local Mojo does reserve the right to remove content that, in Local Mojo's judgment, does not meet its standards, but Local Mojo is not responsible for any failure or delay in removing such material.

Local Mojo is not and will not be responsible for (i) the terms and conditions of any transaction between Subscriber and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Subscriber has a dispute with any such third party, Subscriber releases Local Mojo (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and 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 disputes.

13.    Proprietary Rights to Subscriber Content
Local Mojo does not claim ownership of the Subscriber Content that Subscriber provides to Local Mojo and/or places on the Subscriber Site. However, Subscriber grants Local Mojo a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Subscriber Content on and through the Service and in Local Mojo's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Subscriber Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Subscriber with respect to Local Mojo's or its sub licensee’s use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Subscriber Site, Subscriber warrants and represents that Subscriber owns or otherwise controls the rights necessary to do so and to grant Local Mojo the license set forth above, and, pursuant to the terms set forth in Section 18 , Subscriber will defend and indemnify Local Mojo and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.

14.    DISCLAIMER OF WARRANTIES.
SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) SUBSCRIBER'S USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. LOCAL MOJO AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE SUBSCRIBER SITE(S) "AS IS" AND “AS AVAILABLE,”WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) LOCAL MOJO AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET SUBSCRIBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH THE SERVICE WILL MEET SUBSCRIBER'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, OR SUBSCRIBER SITES IS DONE AT SUBSCRIBER'S OWN DISCRETION AND RISK, AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

15.    LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL LOCAL MOJO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF LOCAL MOJO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN NO EVENT SHALL LOCAL MOJO'S AGGREGATE LIABILITY TO SUBSCRIBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT SUBSCRIBER ACTUALLY PAYS TO LOCAL MOJO UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither Local Mojo nor its suppliers is responsible for any of Subscriber's data residing on the Service or Local Mojo's suppliers' hardware. Subscriber is responsible for backing-up Subscriber's data and information that may reside on the Service or Local Mojo's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Subscriber's responsibility to take the necessary steps to ensure that Subscriber's primary means of business is maintained (if applicable).

16.    Additional Representations and Warranties.
You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Local Mojo Sites in accordance with these Terms of Service.
You further represent that you are and will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances (collectively, "Laws") regarding your business, the sale and use of the Products, and as otherwise related to this Agreement and Customer's performance hereunder;

Export Restrictions. You acknowledge and agree that products or services provided by Local Mojo are subject to the export control laws and regulations of the United States, potentially including but not limited to the Export Administration Regulations ("EAR"), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. You will comply with these laws and regulations. You shall not, without prior U.S. government authorization, export, re-export, or transfer Local Mojo products or services, either directly or indirectly, to any country subject to a U.S. trade embargo (currently Cuba, Iran, North Korea, Sudan, and Syria) or to any resident or national of any such country, or to any person or entity listed on the "Entity List" or "Denied Persons List" maintained by the U.S. Department of Commerce or the list of "Specifically Designated Nationals and Blocked Persons" maintained by the U.S. Department of Treasury. In addition, Local Mojo products or services may not be exported, re-exported, or transferred to an end-user engaged in activities related to weapons of mass destruction. Such activities include but are not necessarily limited to activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons.

17.    Local Mojo Proprietary Rights/Software Licenses
Subscriber acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Subscriber further acknowledges and agrees that content contained in sponsor advertisements or information presented to Subscriber through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.

Local Mojo provides Subscriber with a non-exclusive, non-transferable, limited license to use the Software, which Subscriber agrees to use in accordance with this Agreement. Subscriber may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from Local Mojo. The Software is owned by Local Mojo and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Local Mojo and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. SUBSCRIBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

18.    Indemnification
Subscriber agrees to indemnify and hold Local Mojo and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Subscriber's breach of this Agreement; (ii) any information (including but not limited to Subscriber Content and Subscriber's publicly posted information) submitted, posted, or otherwise provided by Subscriber at the Subscriber Site and/or to Local Mojo and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Subscriber's actions; and (iv) Subscriber's negligence or violation or alleged violations of any rights of another; or(v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer's business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Subscriber's relationship with Local Mojo or Subscriber's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Local Mojo and/or its suppliers, affiliates, partners, subsidiaries and employees.

19.    Patents, Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by Local Mojo, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted or otherwise protected materials and terms of art of the Service, which includes the Local Mojo (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of Local Mojo. Local Mojo has a patent pending protecting the specific process, techniques and terms of art that make up the Service provided. Any rights not expressly granted herein are reserved.

Local Mojo, Local Mojo.com, the Local Mojo logo, Local Mojo Local Website , Local Mojo SignPost, Local Mojo Navigator, Local Mojo Marquee, Local Mojo Madison Avenue, Local Mojo Ad Maximizer and Ad Maximizer-Pro, and other Local Mojo logos and product and service names are trademarks of Local Mojo, LLC  (the "Local Mojo Marks"). Subscriber agrees not to display or use the Local Mojo Marks in any manner whatsoever without Local Mojo's prior permission. From time to time Local Mojo may offer a limited license to Subscribers to display Local Mojo award logos or other symbols of merit on Subscriber Web Sites after Local Mojo in its sole discretion confers such distinctions to the applicable Subscribers. However, Local Mojo reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.

20.    Notification of Claims of Copyright Infringement
Any notifications of claimed copyright infringement should be sent to Local Mojo's Registered Agent. Please see Local Mojo's Copyright Policy at Local Mojo’s Copyright Policy for more information.

21.    Modification of the Service
Local Mojo reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Subscriber agrees that Local Mojo shall not be liable to Subscriber or to any third party for any modification, suspension or discontinuance of the Service. Subscriber further agrees that Local Mojo shall have the right to remove any feature from the Subscriber Site, with or without notice to Subscriber, at any time at Local Mojo's sole discretion, if Local Mojo discontinues offering the feature for any reason. If Subscriber does not agree to any such modifications, Subscriber's sole and exclusive remedy is to cancel Subscriber's Account once Subscriber has met the agreed minimum contractual obligation.

22.    Termination/Cancellation of Subscriber Account
Either Subscriber or Local Mojo may terminate or cancel Subscriber's Account (or any part of the Service) at any time,after Subscriber has met the agreed minimum contractural obligation but Local Mojo will not refund any prepaid fees upon such termination or cancellation.
a.    Termination by Subscriber. Subscriber may cancel a Subscriber Account or any part of the Service at any time once the agreed minimum obligation has been met. To cancel your Service, Subscriber must call 1-877-LCL-MOJO or, at Local Mojo's sole discretion, on a case-by-case basis, by submitting a cancellation form. Subscriber will receive a cancellation confirmation via email after Local Mojo processes Subscriber's cancellation request. Local Mojo reserves the right to collect fees, surcharges or costs incurred before Subscriber cancels Subscriber's Account in addition to the applicable cancellation fee(s).

Subscriber must provide us with the following information in order for us to process the cancellation:
•    The exact name of the Service that Subscriber would like to cancel
•    Subscriber's username and password
•    Subscriber's email address
•    Subscriber's billing information, including the credit card number that the Subscriber used when purchasing the Service
•    Subscriber's reason for canceling the Service

b.    Termination by Local Mojo. Local Mojo may terminate Subscriber's Service or Subscriber's Account if Local Mojo determines, in Local Mojo's sole discretion, to discontinue offering the Service. Additionally, Local Mojo, in its sole discretion, may terminate Subscriber's Site, Subscriber's Account or Subscriber's use of the Service for any reason, including, without limitation, (i) if Subscriber breaches this Agreement, (ii) if Local Mojo is unable to verify or authenticate any information that Subscriber provides to Local Mojo, (iii) if Local Mojo believes that Subscriber has violated or acted inconsistently with the spirit of this Agreement, (iv) if Local Mojo is ordered to terminate or shut down service by court order, or (v) if Subscriber does not log in to their site or profile for a period of twelve (12) months or longer. If Local Mojo terminates Subscriber's Account pursuant to (i), (ii) (iii) (iv) or (v) above, Subscriber will forfeit all credits, prepaid fees, and any other amounts accruing to Subscriber, if any, and Local Mojo shall not be required to refund, redeem, or pay amounts to Subscriber upon such termination.
c.    Effect of Termination. Upon termination of Subscriber's Account for any reason, Local Mojo reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Subscriber; (b) delete any Subscriber Content, listings, messages or other information in connection with Subscriber's Account; (c) prohibit Subscriber's access to Subscriber's Account, including without limitation by deactivating Subscriber's password; and (d) refuse Subscriber future access to the Service. In no event shall Local Mojo be required to refund, redeem, or pay amounts to Subscriber upon termination of Service or return any Subscriber Content.


Subscriber understands and agrees that the cancellation of Subscriber's Account is Subscriber's sole right and remedy with respect to any dispute with Local Mojo. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Local Mojo's enforcement or application of any such term; (2) any policy or practice of Local Mojo, including Local Mojo's Privacy Policy and Copyright Policy, or Local Mojo's enforcement or application of these policies; (3) the content available through the Service or any change in content provided through the Service; (4) Subscribers' ability to access or use the Service or Subscriber's Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes, surcharges or billing methods, if any.

23.    Notice
Statements, notices and other communications to Subscriber may be made by mail, email, postings within Subscriber's account or other reasonable means. Subscriber shall be solely responsible for updating the account's registered email and postal address. Local Mojo shall not be responsible for any undelivered notices caused by Subscriber's failure to update the account information. Local Mojo may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the Local Mojo Web Site. Subscriber should refer to the Subscriber Support page of the Service for information on how to contact and/or provide notice to Local Mojo.

24.    Arbitration/ Jurisdiction
Subscriber agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Broward County, Florida, under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Subscriber agrees that any claim against Local Mojo must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary; otherwise such claim will be barred forever.

Notwithstanding the above, Local Mojo may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, or (ii) to collect fees due and owing from Subscriber pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.

This Agreement shall be governed in all respects by the laws of the State of Florida, U.S.A. The arbitrator to the merits of any dispute or claim shall apply such law. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Broward County, Florida, and further agree that any such action or proceeding shall be brought in a court in Broward County, Florida.

A printed version of this Agreement shall be admissible in 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.

25.    General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Local Mojo's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Subscriber shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Local Mojo, and any such attempted assignment shall be void. Local Mojo shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Subscriber. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns.
This Agreement sets forth the entire understanding and agreement between Local Mojo and Subscriber with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

Local Mojo, LLC, located at 101 N. Riverside Drive, STE 209, Pompano Beach, FL 33062, hereunder offers the Services

26.    Violations
Please report any violations of this Agreement to a Customer Service Rep at 877-LCL-MOJO .

27.     Independent Review
SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT SUBSCRIBER AGREES TO ALL ITS TERMS AND CONDITIONS. SUBSCRIBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
 

Service-Specific Terms: The following terms apply in addition to paragraphs 1-27 if Subscriber has purchased a Service package, which includes the particular service described. Local Mojo may change service providers or stop providing the following services at any time without notice to Subscriber; and Subscriber shall permit Local Mojo to act as its agent with respect to the following services:

28.    Internet Domain Names
Local Mojo has chosen independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, to provide domain name registration services. Subscriber hereby authorizes Local Mojo if requested, to transfer in or acquire Subscriber's selected domain name from TPDNVs. In order to receive a domain name, Subscriber must agree and remain agreeable through the use of the Domain Name, to the TPDNVs' terms of service which the TPDNVs may change at any time in their sole discretion.. Subscriber understands that Subscriber is creating a separate contractual relationship between Subscriber and the TPDNVs, and that Subscriber, and not Local Mojo, is responsible for all liability, and obligations in connection with that relationship. For more information, please see the Domain Name Services Agreement (a service offered in partnership with Enom, Inc).

If after registering one or more domain names that are included with any Local Mojo Service package, Subscriber chooses to delete a previously registered domain name because of Subscriber’s incorrect registration of a domain name or otherwise, and subsequently register one or more additional different Domain Names, Subscriber will be charged the resulting Domain Name registration fees.

Subscriber will be listed as the registrant and administrative contact in connection with Subscriber's domain name; however, Local Mojo may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNVs until the TPDNVs change is completed. Subscriber hereby authorizes Local Mojo to list itself as the billing contact, technical contact and name servers in connection with Subscriber's domain name and to take any actions Local Mojo deems appropriate in those capacities. HOWEVER, UPON TERMINATION OF THE SERVICE, LOCAL MOJO WILL IMMEDIATELY CEASE ACTING IN THOSE CAPACITIES INCLUDING SWITCHING REGISTRARS. AFTER SUCH TIME, LOCAL MOJO WILL NOT BE RESPONSIBLE TO FORWARD ANY NOTICES, EMAILS OR OTHER CORRESPONDENCE TO SUBSCRIBER OR TO TAKE ANY OTHER ACTIONS IN CONNECTION WITH SUBSCRIBER'S DOMAIN NAME. Additionally, in the event that Local Mojo suspends a Subscriber account for lack of payment or any other reason, Local Mojo shall not renew any domain names that may become due for renewal during the suspension of the account. Subscriber will be solely responsible for all ongoing fees, as well as removing Local Mojo as the billing, technical contact and name servers in connection with Subscriber's domain name.

29.    Email.
Some Local Mojo accounts may have Email services provided by an independent Third Party Email Services Vendor ("TPESV"). Local Mojo is not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. Local Mojo is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Subscriber and the TPESV ("TPESV Dispute"). In the event of a the TPESV Dispute, Subscriber hereby releases Local Mojo (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes. By using email services, Subscriber agrees to the terms and conditions contained in the “Acceptable Use Policy” and “Mass Mailing Policy” incorporated herein.