POLICIES, TERMS & CONDITIONS

Welcome to It’s Local Online! It’s Local Online was designed as a platform to strengthen local community. To keep It’s Local Online a positive and safe environment for all users, we have created the following Policies, Terms & Conditions. Please see each policy’s effective date listed underneath the policy header for the date last updated.

GENERAL TERMS & CONDITIONS

Last Updated March 20, 2020

If you continue to browse and use It’s Local Online (formerly known as What’s New Local), you are agreeing to comply and be bound by the following terms of use, privacy policy, and all other policies referenced herein. Any and all visitors to It’s Local Online or the It’s Local Online mobile apps shall be deemed as “users” or “members” for the purposes of our Terms & Conditions (“T&C”).
Our T&C are organized into the following sub-categories. Please note that while our outline is devised to help you navigate our T&C, you are still bound to ALL sections within this document as well as any links referenced to additional documents. It is your responsibility to become familiar with the entirety of our T&C.

Additional Policies & Documents We’ve Referenced In Our T&C:

Copyright Policy

Privacy Policy

1. WHO WE ARE.The term ‘It’s Local Online’, ‘ItsLocalOnline.com‘, ‘www.itslocalonline.com‘, ‘What’s New Local’ or ‘WhatsNewLocal.com’ or ‘www.whatsnewlocal.com’ or ‘the website’ or ‘What’s New Local mobile apps’ ‘It’s Local Online mobile apps’ or ‘us’ or ‘we’ refers to the owner of our website and mobile apps. It’s Local Online & What’s New Local are trade names of Next Door Creations, LLC, whose registered office is located at 2842 Main Street #110, Glastonbury, CT 06033. These T&C are a legally binding contract between you and Next Door Creations, LLC. For purposes of these T&C, the use of the term ‘What’s New Local’ or ‘WhatsNewLocal.com’ or ‘www.whatsnewlocal.com’ or ‘the website’ or ‘us’ or ‘we’ shall encompass Next Door Creations, LLC and all its subsidiaries, affiliates, officers, employees, agents, partners, and licensors.

2. WHAT WE DO.  What’s New Local provides Internet-based services through our website, collectively referred to as “Services”. More specifically, we provide an online platform and mobile apps that allow users to list local content, including: new and used local goods, local news, event listings, and classified listings.

3. AGE REQUIREMENTS. You must be at least 18 years of age to use the WhatsNewLocal.com website, What’s New Local mobile apps, and/or use our Services. You represent that you are at least 18 years of age.

4. LICENSES WE GRANT YOU. In compliance with our T&C, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access WhatsNewLocal.com and the What’s New Local mobile apps. You agree not to license, distribute, create a derivative work from, display, sell, rent, lease, frame, or otherwise use content from What’s New Local, excluding content you create. Unlicensed access to What’s New Local is unauthorized.

5. LICENSES YOU GRANT US. For the content submitted or made available for inclusion on the publicly accessible areas of What’s New Local, you grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, perform, publicly display, edit, modify, store, distribute, and make derivative works from the content you post to provide our Services. “Publicly accessible” areas of What’s New Local include all areas of our site and mobile apps that are meant to be available to the general public or any area of our site that is openly available to users.
This license is granted in any format and through any channel, including across WhatsNewLocal.com, What’s New Local mobile apps, third-party websites, and advertising mediums. What’s New Local does not claim ownership of any content you post. This license may be used to display your content on our website, present your content in different formats to our users, and promote your content to reach new audiences.

6. USE OF OUR SERVICES. When you use our Services, you agree to the following:

• Our website and mobile apps are our property. You acknowledge and agree that the marks, phrases, logos, layouts, appearance, designs, and Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of What’s New Local and Next Door Creations, LLC. Reproduction is prohibited other than in accordance with these T&C. You agree not to replicate, duplicate, copy, trade, sell, resell, nor exploit any part, use of, or access to our website.
• You will not disrupt or interfere with our systems or provide software or services that interact or interoperate with What’s New Local. Except for general purpose web browsers, email clients, or software expressly licensed by us, you will not use software or services for downloading, uploading, posting, flagging, emailing, search or mobile use that may interact or interoperate with our website. The use of robots, spiders, scripts, scrapers, crawlers, etc. is not permitted on any page of our website. You will not try to interfere or disrupt our Services in any way, through distribution of a virus, computer code, or any other means.
• You will not use our website or Services to participate in unlawful activity and you agree to comply with any local, state, federal, or international law that may apply to you, including tax remittance. It is your responsibility to obtain necessary permits and licenses required to sell items, provide services, or host community events. You are responsible for remitting all required taxes that may incur as a result of your sales, business, or operations using our platform. You may not sell any item that is in violation of any local, state, federal or international law. You may not conduct any fraud, theft, threatening conduct, anti-competitive conduct, or any other unlawful act or crime against What’s New Local, any user, or any third party.
• You will not use our Services to publish misleading, unsolicited, unlawful, and/or spam postings or messages to other users. Additionally, you agree not to collect users’ personal and/or contact information through use of our website.
• Our Services may change from time to time. At its discretion, What’s New Local may offer additional website Services and/or products, or update, modify or revise any current content and Services, and these T&C shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
• Our Services may be canceled at any time. We reserve the right to cancel and cease offering any of the aforementioned Services and/or products, both temporarily and permanently, without prior notice. You, as the end user acknowledge, accept and agree that What’s New Local shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. No refunds for prior membership fees paid will be provided in the event of cancelation of services.
• You use our Services at your own risk. Your use of our platform and any Services, content, information, products, or materials on our website is entirely at your own risk, for which we shall not be liable. We are not responsible for the content that users post or the communications members send using our Services. We do not review user content for accuracy or validity and we do not manufacture, store, or inspect any of the items sold through our Services. It shall be your own responsibility to ensure that any products, Services, or information available through our website or mobile apps meet your specific requirements. Any legal claim related to an item you purchase must be brought directly against the seller of the item. Using our platform may also involve offline meetings in your local community. We do not screen users of our Services and cannot monitor or control operations or conduct at these events, and therefore, are not liable for any harm resulting from user conduct, including illegal conduct. Use your own judgment when choosing to meet or interact with others. If you are aware of inappropriate content or conduct on our website, please use the “Report Content” links found at the bottom of every user-generated page, or contact us at report@whatsnewlocal.com. Please see our Warranty Disclaimers in Section 18 and Limits of Liability in Section 18 of this document for more information on what using What’s New Local at your own risk means to you.
• You are welcome to contribute feedback, ideas, documents, suggestions, and/or proposals (“Contributions”) to our website and Services, subject to the following conditions and agreements:
  • Your Contributions do not contain any type of confidential or proprietary information.
  • What’s New Local shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions on your behalf.
  • What’s New Local shall be entitled to make use of and/or disclose any such Contributions in any such manner as we see fit.
  • Your Contributions become the sole property of What’s New Local.
  • What’s New Local is under no obligation to either compensate or provide any form of reimbursement in any manner or nature for your Contributions.
• It is your responsibility to stay up to date on our T&C. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of these T&C and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the Services provided by What’s New Local.

7. MODERATION & MONITORING. What’s New Local reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through our website. If What’s New Local determines, in its sole and absolute discretion, that you or another user breach a term or condition or that such transaction or communication is inappropriate, What’s New Local may cancel such transaction or take any other action to restrict access to, or the availability of any material that may be considered objectionable, without any liability to you or any third party. What’s New Local may also moderate access and use in our sole discretion, e.g. by blocking (via IP addresses or other means), filtering, deletion, delay, omission, verification, and/or access/account/license termination. By agreeing to these T&C, you agree not to bypass any enacted moderation put into effect by What’s New Local. If you feel that content on our website should be subject to moderation, please use the “Report Content” links found at the bottom of every user-generated page, or contact us at report@whatsnewlocal.com.

8. CONTENT. By submitting or viewing content on What’s New Local, you agree to the following:

• Our definition of Content. Content on What’s New Local refers to any information submitted by you through use of our platform and Services. Content includes, but is not limited to: product listings, including images descriptions, comments and reviews, profile text and images, usernames, blog posts, classified or other listings, advertising space, event listings and tickets, and messages to other users.
• We do not claim ownership or responsibility of your content. You are solely responsible for your content. Unless otherwise stated herein, any content you provide in connection with our website shall be deemed to be provided on a non-confidential basis.
• For all content submitted in publicly accessible areas of our website, you are a granting us a license to your content. See Section 4 of this document for more information.
• We are not responsible for the content users post or the communications that members send using our platform. We do not review content for accuracy, and content is the personal views of our members. If you are aware of inappropriate content on our website, please use the “Report Content” links found at the bottom of every user-generated page, or contact us at report@whatsnewlocal.com.
• We reserve the right to moderate, monitor, restrict access to, edit, or remove any content that is available via our website. See Section 7 of this document for more information.
• You will not use our Services to publish misleading, unsolicited, unlawful, and/or spam postings or messages to other users.
• All data and information on our website is for informational purposes only. What’s New Local makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis, and confers no rights.
• Your content is subject to the following additional standards and policies:
  • Anti-Discrimination. What’s New Local was designed to be an inclusive platform for all members of the community to network and build relationships with one another. To ensure our members feel safe and included, we prohibit discrimination based upon race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other characteristic protected under applicable law. Prohibited behavior includes, but is not limited to, refusal of service based on protected group, derogatory remarks, racial slurs, or glorification of current or historical hate groups. It is your responsibility as a buyer, seller, or other business owner to know your local laws and any additional regulations that may apply to you.
  • Adult Content and Child Safety. We do NOT allow adult content on What’s New Local, including images or videos that contain nudity or sexual activity. We have a zero-tolerance policy towards content that exploits children. Users will be reported to law enforcement.
  • Hate Speech. Our website serves as a platform for free expression, but we do not support content that promotes or condones violence against individuals.
  • Crude Content.It is prohibited to post content that is intended to be shocking or graphic.
  • Violence. It is prohibited to threaten other people using your Content.
  • Harassment. It is prohibited to harass or bully others. Online harassment is a serious offense and can have serious offline consequences.
  • Personal and confidential information.It is not permitted to publish another person’s personal and confidential information, including, but not limited to: credit card numbers, Social Security numbers, unlisted phone numbers, and driver’s license numbers. In addition, do not post or distribute images or videos of minors without the necessary consent from their legal representatives.
  • Impersonating others. It is prohibited to mislead or confuse other members by pretending to be someone else or pretending to represent an organization when you don’t.
  • Illegal Activities. It is prohibited to use What’s New Local to engage in illegal activities or to promote dangerous and illegal activities.
  • Comments and Reviews. Comments and reviews on our platform are subject to the following guidelines to encourage a positive user experience for all members. Comments and reviews:
    • Must not contain private information; obscene, derogatory, harassing, or threatening language; medical drug claims; advertising or spam.
    • Must comply with our anti-discrimination guidelines as outlined above.
    • Must be of integrity. Extortion is strictly prohibited. Comments and reviews must not be used to manipulate the content owner through threats, intimidation, or bribery. Shilling, the fraudulent inflation of a content owner’s reputation, through use of alternate accounts is also strictly prohibited.
    • Must be in accordance with our Copyright Policy and all other policies, terms, and conditions.
  • Prohibited Items & Regulations. What’s New Local has a prohibited items policy to protect the safety of our members and to comply with enacted laws and regulations. It is prohibited to use What’s New Local to sell or facilitate the sale of illegal items or regulated goods and services such as alcohol, gambling, pharmaceuticals and unapproved supplements, tobacco, fireworks, weapons, or health/medical devices. The following is a partial list of goods, services, and content prohibited on What’s New Local:
    • Alcohol, Tobacco, Drugs, Drug Paraphernalia, Medical Drugs, and Pharmaceuticals
    • Animal Products and Human Remains, including live animals, items created using any animal species designated as threated or endangered by the US Endangered Species Act or listed in Appendix I of the Convention of International Trade in Endgangered Species (CITES), items made from cat and dog parts as defined by US Federal Law, ivory or bones from ivory-producing animals, items made from human remains.
    • Hazardous Materials, Recalled Items, and Weapons, including explosives, flammable items, gases, radioactive material, toxic substances, imitation weapons
    • Hate Items: Items that Promote, Support, or Glorify Hatred, including items that contain racial slurs or derogatory terms in reference to protected groups
    • Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
    • Internationally Regulated Items. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
      • are not on the list of prohibited individuals which may be identified on any government export exclusion report (www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
      • agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
      • agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
      • agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
    • Pornography and Mature Content
    • Violent Items: Items that promote, support, or glorify violence, including human tragedies, natural disasters, acts of violence against individuals or groups, and self-harm.
• Intellectual Property Rights. Except as expressly authorized by What’s New Local or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others in whole or in part. Please see Section 15 of this document for more information. If you feel content infringes your rights, see our Copyright Policy.
• Reporting & Enforcement. Please report suspected policy violations to us by using the “Report Content” links found at the bottom of every user-generated page, or contact us at report@whatsnewlocal.com. If we find that content does violate our content policies, we take one or more of the following actions based on the severity of the violation:
  • Delete the offending content
  • Disable the author’s access to What’s New Local
  • Report the user to law enforcement, in cases of abuse or illegal misconduct

If your access to What’s New Local has been disabled due to content violations, it is prohibited to create a replacement account that engages in similar activity.

9. BUYER POLICIES. When you shop using our platform, you understand that What’s New Local provides the venue for buyers to connect with sellers, but is not involved with the transaction itself. You are not buying directly from What’s New Local and we do not pre-screen sellers, nor guarantee or endorse any of the items sold on our platform. Each seller using our platform has their own business policies, including shipping and return policies. In the event of a cancellation, request for return, or dispute, buyers must contact the seller to resolve all claims. If a resolution is unable to be reached, please inform us by contacting us at report@whatsnewlocal.com. We will attempt to mediate any unresolved claims and encourage resolution with the seller.

10. SELLER POLICIES. If you choose to advertise items for sale using What’s New Local’s platform, you are responsible for your own operations, including obtaining the necessary permits and licenses required to sell items. As a seller, you hereby agree to:

• No Selling Restrictions. Selling with us doesn’t restrict you in any way from selling in other venues, on other websites, or anywhere else.
• Listings. All listings must be accurately represented, with photos and descriptions true in nature. Additionally, all listings must comply with our Prohibited Items policy and must not infringe on others’ intellectual property rights. For your convenience, we have included our Prohibited Items policy from Section 9 of this document, again below for your reference:
• Prohibited Items & Regulations. What’s New Local has a prohibited items policy to protect the safety of our members and to comply with enacted laws and regulations. It is prohibited to use What’s New Local to sell or facilitate the sale of illegal items or regulated goods and services such as alcohol, gambling, pharmaceuticals and unapproved supplements, tobacco, fireworks, weapons, or health/medical devices. The following is a partial list of goods, services, and content prohibited on What’s New Local:
  • Alcohol, Tobacco, Drugs, Drug Paraphernalia, Medical Drugs, and Pharmaceuticals
  • Animal Products and Human Remains, including live animals, items created using any animal species designated as threated or endangered by the US Endangered Species Act or listed in Appendix I of the Convention of International Trade in Endangered Species (CITES), items made from cat and dog parts as defined by US Federal Law, ivory or bones from ivory-producing animals, items made from human remains.
  • Hazardous Materials, Recalled Items, and Weapons, including explosives, flammable items, gases, radioactive material, toxic substances, imitation weapons
  • Hate Items: Items that Promote, Support, or Glorify Hatred, including items that contain racial slurs or derogatory terms in reference to protected groups
  • Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
  • Internationally Regulated Items. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
    • are not on the list of prohibited individuals which may be identified on any government export exclusion report (www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
    • agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
    • agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
    • agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
  • Pornography and Mature Content
  • Violent Items: Items that promote, support, or glorify violence, including human tragedies, natural disasters, acts of violence against individuals or groups, and self-harm.
• Content. All photos, descriptions, shop policies, and any other content associated with your vendor account must be in compliance with our Content policies outlined in Section 8 of these Terms & Conditions.
• Provide Quality Customer Service. Honor good faith business practices, respond to customer messages in a timely manner, and resolve disagreements or disputes directly with your customers.
• Protect Personal Information. As a seller, you are responsible for protecting members’ personal information you receive or process (ex: customer name, address, email, etc.). You may be considered an independent and separate “data controller” under local regulations and are responsible for maintaining a privacy policy consistent with What’s New Local’s enacted policy. If you disclose personal information without buyer consent, you are responsible for unauthorized disclosure. You are unauthorized to use any customer email address you may have access to during a transaction for commercial mailings, advertising, unauthorized transactions or any other purpose than communication to facilitate a marketplace transaction via our platform.
• Remit All Applicable Taxes. You are responsible for remitting all required taxes that may incur as a result of your sales, business, or operations using our platform. You may not sell any item that is in violation of any local, state, federal or international law. You may not conduct any fraud, theft, threatening conduct, anti-competitive conduct, or any other unlawful act or crime against What’s New Local, any user, or any third party.
• Shipping & Refund Policies.If your listing on What’s New Local does not include a link to an external platform with shipping and refund policies, please designate these policies to potential customers who contact you through What’s New Local’s message system.
• Responding to Requests for Cancellations, Returns & Exchanges. Each country has its own laws surrounding shipping, cancellations, returns and exchanges. Please familiarize yourself with the laws of your country and your buyers’ countries.
• Cancellations. If you are unable to complete a transaction, you must notify a buyer and cancel the transaction. Order cancellations may also occur if there is a mutual agreement between you and the buyer to cancel or a return of an order in accordance with your policies. If the buyer has already submitted payment, you must issue a full refund. Please keep proof of any refunds for your records.
• European Right of Withdrawal. Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return the item for any reason. Custom items and certain perishable goods are excluded from this policy, and this policy may vary by EU member state. Perform the required research should you choose to sell items within the European Union.
• Dispute Resolution. Should there be an issue with any transaction, buyers are encouraged to contact the seller directly. In the event the claim is not remedied on this level, buyers may contact us at report@whatsnewlocal.com to make us aware of the issue. We reserve the right to terminate vendor accounts for inadequate dispute resolution.

11. TICKETS, VOUCHERS & EVENTS. What’s New Local offers a platform for members to promote community events or vouchers for local business services. Organizers of events and vouchers are responsible for their own operations. What’s New Local is not a party to any offline arrangements or interactions that may occur at any given event or business. Your use of our platform and any Services, content, information, products, or materials on our website is entirely at your own risk, for which we shall not be liable. Any user of What’s New Local has the ability to use our platform to list a voucher or host an event in their community. We do not screen users of our Services and cannot monitor or control operations or conduct at these events, and therefore, are not liable for any harm resulting from user conduct, including illegal conduct. Use your own judgment when choosing to meet or interact with others. If you are aware of inappropriate content or conduct on our website, please use the “Report Content” links found at the bottom of every user-generated page, or contact us at report@whatsnewlocal.com. Use your judgment when hosting or attending an event and always prioritize your own safety.

12. FUNDRAISING & GIVING. What’s New Local offers a platform for members to list fundraisers or external links to fundraisers hosted on other platforms. What’s New Local is not a broker, financial institution, creditor, or charitable institution. You acknowledge that fundraisers listed on What’s New Local are not verified organizations with a 501(c)(3) status and funds given through our platform may not qualify as tax-deductible contributions. What’s New Local has no control over the conduct of, or information provided by a member listing a fundraiser. Any member of What’s New Local has the ability to use our platform to list a fundraiser and fundraiser listings are for informational purposes only. We do not screen users of our Services and cannot monitor or control operations or conduct, and therefore, are not liable for any harm resulting from user conduct, including illegal conduct, to the extent permitted by law. Use your own judgment when choosing to support a fundraiser. If you are aware of inappropriate content or conduct on our website, please use the “Report Content” links found at the bottom of every user-generated page, or contact us at report@whatsnewlocal.com.

13. FEES. All community listings are free to submit on What’s New Local. If a user contacts What’s New Local for additional business consulting services or listing management services, these services will be quoted via direct, offline communication on a one-by-one basis with Next Door Creations, LLC.

14. ADVERTISERS. Any correspondence or business dealings with, or the participation in any promotions of advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that What’s New Local shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

15. LINKS TO OTHER WEBSITES. Either What’s New Local or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that What’s New Local shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

16. INTELLECTUAL PROPERTY RIGHTS. You do hereby acknowledge and agree that What’s New Local’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content, which may be contained in any advertisements or information, presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by What’s New Local or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on What’s New Local Services (e.g. Content or Software), in whole or part.

What’s New Local herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single compute or mobile device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. You also agree not to access or attempt to access our Services through any means other than through the interface that is provided by What’s New Local for use in accessing our Services.

Except as expressly authorized by What’s New Local or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any Software What’s New Local discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.

What’s New Local Trademarks means all names, marks, brands, logos, designs, trade dress, slogans and other designations What’s New Local uses in connection with its products and services. You may not remove or alter any What’s New Local Software Trademarks, or co-brand your own products or material with What’s New Local Trademarks, without What’s New Local’s prior written consent. You acknowledge What’s New Local’s rights in What’s New Local Trademarks and agree that any use of What’s New Local Trademarks by You shall inure to What’s New Local’s sole benefit. You agree not to incorporate any What’s New Local Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

What’s New Local is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please see our Copyright Policy.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by What’s New Local on this Website and associated mobile apps provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content; (b) the use of such Content is solely for personal use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section. Upon termination, You must immediately destroy any downloaded and/or printed Content.

17. INDEMNIFICATION. You will indemnify and hold What’s New Local and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) suffered or incurred by us as a result of your breach of any of the warranties or undertakings in these T&C or any claims by any third party including but not limited to claims for infringement of any intellectual property rights, payment of outstanding debts for services provided or goods supplied by such third parties. If litigation is brought against the Parties alleging that you have breached any of these T&C, arising from or related to: (i) your use of the WhatsNewLocal.com website or What’s New Local mobile apps; (ii) your breach of any provision of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property right, or privacy right. This defense and indemnification obligation will survive your use of the What’s New Local website and any termination of this Agreement.

If you have to indemnify What’s New Local under this Section, What’s New Local will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without What’s New Local’s express written permission.

18. WARRANTY DISCLAIMERS. You herein expressly acknowledge and agree that:

• THE USE OF WHAT’S NEW LOCAL’S SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. WHAT’S NEW LOCAL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• WHAT’S NEW LOCAL AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (I) WHAT’S NEW LOCAL SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) WHAT’S NEW LOCAL SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF WHAT’S NEW LOCAL SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (IV) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
• ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF WHAT’S NEW LOCAL SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH, YOU SHALL BE SOLELY RESPONSIBLE FOR AN HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
• NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM WHAT’S NEW LOCAL OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.

19. LIMITS OF LIABILITY. You herein expressly acknowledge and agree that:

• WHAT’S NEW LOCAL WILL NOT BE LIABLE IN ANY EVENT TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER WHAT’S NEW LOCAL WAS ADVISED, HAD OTHER REASON TO KNOW, SHOULD HAVE ANTICIPATED, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES OR THAT DIRECT DAMAGES WOULD NOT BE A SATISFACTORY REMEDY.
• YOU SPECIFICALLY ACKNOWLEDGE THAT WHAT’S NEW LOCAL SHALL NOT BE LIABLE FOR ANY CONTENT UPLOADED TO THE WHATSNEWLOCAL.COM WEBSITE OR WHAT’S NEW LOCAL MOBILE APPS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU
• TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WHAT’S NEW LOCAL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

1. THE USE OR INABILITY TO USE OUR SERVICE;
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR  TRANSMISSIONS AND/OR DATA;
4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
5. AND ANY OTHER MATTER, WHICH MAY BE RELATED TO OUR SERVICE.

IN NO EVENT SHALL WHAT’S NEW LOCAL’S TOTAL LIABILITY EXCEED ONE-HUNDRED ($100) US DOLLARS OR WHAT YOU PAID US IN THE PAST 12 MONTHS.

20. RELEASE. In the event you have a dispute, you agree to release What’s New Local (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

21. EXCLUSIONS AND LIMITATIONS. THERE ARE SOME JURISDICTIONS, WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

22. THIRD PARTY BENEFICIARIES. You herein acknowledge, understand and agree, unless otherwise expressly provided in this T&C, that there shall be no third-party beneficiaries to this agreement.

23. NOTICE. What’s New Local may furnish you with notices, including those with regards to any changes in the T&C, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the T&C by accessing our Services in an unauthorized manner. Your acceptance of this T&C constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

24. DISPUTES WITH OTHER USERS. If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party to try to resolve the dispute amicably. What’s New Local does not make judgments regarding legal issues or claims, nor has any obligation to resolve disputes. You release What’s New Local from any claims, demands, and damages arising out of disputes with other users or parties

25. CLAIMS.If you’re upset with us, please let us know and contact us at support@whatsnewlocal.com. Before making any claim, you and What’s New Local agree to try to resolve any disputes through good faith discussions. Either you or What’s New Local may initiate this process by sending written notice to support@whatsnewlocal.com describing the dispute and your proposed resolution. We hope to resolve your issue, but if we are unable to reach an agreement with you within 30 business days of receipt of the initial notice, the following terms shall govern any legal dispute involving our Services. By using our Services, you hereby agree:

• With regard to our policies, terms, and conditions, that your relationship with What’s New Local shall be governed by the laws of the state of Connecticut, United States without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes (“Claim”), arising out of or relating to any of our policies, terms, and conditions or the relationship between you and What’s New Local, are governed by the laws of the State of Connecticut;
• Any Claim shall be finally settled by final and binding arbitration, using the English language, administered by JAMS, Inc., or its successor, (“JAMS”). You expressly waive any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this agreement or your relationship with What’s New Local. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in Hartford County, Connecticut or elsewhere as provided by JAMS Rules.
• Any Claim must be filed within 30 Days after said claim or cause of action arose or shall be forever barred (see Section 28 of this document – “Statute of Limitations”);
• No Class Actions. You agree not to bring nor take part in a class action or class-wide arbitration against us.
• To indemnify What’s New Local for any damage, loss, and expense, including legal fees, arising from claims related to your use of our Services.
• You are liable for breaches to these T&C by contractors and affiliates paid by you.

26. WAIVERS OF SEVERABILITY OF TERMS. At any time, should What’s New Local fail to exercise or enforce any right or provision of the T&C, such failure shall not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.

27. TRANSLATIONS OF THESE TERMS. If T&C translations conflict with the English version of any of our policies, terms, and conditions, English controls.

28. STATUTE OF LIMITATIONS. You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the T&C must be filed within 30 Days after said claim or cause of action arose or shall be forever barred.

29. INTERSTATE & INTERNATIONAL USE. You consent to the collection and processing of personal information in the United States regardless of where you are located. You acknowledge that communications made using the WhatsNewLocal.com website or What’s New Local mobile apps may result in the transmission of data across state borders and/or international borders.

30. MISCELLANEOUS.

• These Terms and Conditions will be binding upon each party hereto and its successors and permitted assignees, and governed by and construed in accordance with the laws of the State of Connecticut without reference to conflict of law principles.
• These Terms and Conditions will not be assignable or transferable by you without the prior written consent of What’s New Local. What’s New Local may freely assign or transfer any rights granted by you to What’s New Local under these T&C.
• These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
• No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
• No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions.
• The headings used in this Terms and Conditions are for convenience only, do not constitute a part of this T&C, and shall not be deemed to limit or affect any of the provisions hereof.
• If you feel content infringes your rights see our Copyright Policy. See our Privacy Policy for how we collect, use, and share data.