AdMax®Local Terms of Service
PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS
Welcome to AdMax Local, a service providing technology solutions for search marketing, social media marketing and online advertising services (“the Service”), operated by AdMax Local, LLC., its parents, subsidiaries, agents and affiliates (hereafter sometimes referred to as “AML,” “us,” or “our”).
Description of the Service. AdMax Local provides users with marketing and advertising tools including but not limited to: paid search marketing platforms, search engine optimization tools, link analysis tools, search analytics and personalized content. The Service may include certain communications from AdMax Local, such as service announcements, administrative messages and survey invitations and these communications are considered part of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
Proprietary Rights. AdMax Localowns and retains all proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of AdMax Localand its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
No Resale or Redistribution of Service. Except as expressly authorized by AdMax Local, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes "Software").
Further, you acknowledge, consent and agree that AdMax Local may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of violation of the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of AdMax Local, its users and the public.
Blocking of IP Addresses. In order to protect the integrity of the Service, AdMax Local reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website.
Modifications to Service. AdMax Local reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AdMax Local shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimers of Warranties. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ADMAX LOCAL NOR ITS RESELLERS, SUPPLIERS OR DISTRIBUTORS MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTION OF THE SERVICE OR ITS RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services. WHEN PERMITTED BY LAW, ADMAX LOCAL AND ADMAX LOCAL’S RESELLERS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ADMAX LOCAL AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE SERVICE (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE SERVICE AGAIN).
IN ALL CASES, ADMAX LOCAL AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Partner Providers. You may acquire access to the Service through a Reseller. If you access the Service through a Reseller, your use may be subject to such Reseller’s own terms of service in addition to this Agreement. ADMAX LOCAL is not responsible for and cannot control the practices of Resellers.
Third Party Platforms. You acknowledge that if your ads are placed on third-party platforms, or you place ads for another party on a third-party platforms (e.g., Google, Facebook, Yelp), you are required to abide by such third party’s Terms of Service (e.g. Google, Facebook, Yelp, etc.).
Third-Party Content. Certain content, products, and services available via the Service may include materials from third parties. In addition, AdMax Local may provide links to certain third-party websites. You acknowledge and agree that AdMax Local is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because AdMax Local has no control over such sites and resources, you acknowledge and agree that AdMax Local is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that AdMax Local is not in any way responsible for any such use by you.
Indemnity by You. You agree to indemnify and hold AdMax Local, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of AdMax Local’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Term. This Agreement will remain in full force and effect while you use the Service. AdMax Local may terminate your access to the Service at any time for any reason in its sole and exclusive discretion. AdMax Local reserves the right to refuse service to anyone for any reason at any time.
Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Los Angeles County, for the resolution of any such dispute.
Other. The failure of AdMax Local to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and AdMax Local and govern your use of the Service, superseding any prior agreements between you and AdMax Local (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to firstname.lastname@example.org