Last Updated on August 1, 2025

These Terms of Service (which, together with the Business Terms below, are the “Terms”) are effective immediately for users accessing or using the Service without an Account or those registering Accounts on or after August 2, 2024.

1. ACCEPTANCE OF TERMS

Yplocal United States (“US”) provides classified ads, banner ads, catalogs, and various email services available on or through www.yplocal.us (collectively, the “Service”) subject to the following Terms of Use (“TOU”). The words “we”, “us” or “yplocal” shall refer to yplocal.us. By accessing or using the Service, you personally, or on behalf of the entity on which you are using our Service, (collectively, “you” or “your”) are accepting all the terms and conditions of the TOU and are concluding a legally binding agreement with yplocal. Should you object to any term or condition of the TOU, the Terms of Use for All Services, the Business User Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time, with or without additional notice to you. Such modifications shall become effective immediately upon the posting thereof. You are responsible for reviewing this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the modified terms, you agree to immediately stop using the Service. Your continued use of the Service after such posting means you accept and agree to be bound by the modified terms of use.

3. ELIGIBILITY FOR USE

yplocal reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories (“Businesses”) who are acceptable to yplocal in its sole discretion. Although yplocal attempts to limit the use of these parts of the Service to Businesses, nothing herein shall create any right of action against yplocal for failing to adequately screen potential users or prevent the use of yplocal or the Service by users who are not Businesses.

4. REGISTRATION

yplocal may require that you create an account to use or access certain parts of the Service and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Service, you agree to (a) provide yplocal with true, accurate, current and complete information as prompted by yplocal’s registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. 

5. CONTENT

  1. RESPONSIBILITY FOR YOUR CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials and terms of expression (collectively, “Content”) submitted, uploaded, posted, sent to or through all or any portion of the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of yplocal to post content, or if you imply consent that yplocal may post content on your behalf, either by written or oral means, or you fail to inform yplocal that content should be removed, you are equally responsible for the Content. 

  1. OUR RIGHT TO USE YOUR CONTENT

You hereby grant yplocal, its subsidiaries, and/or affiliated companies an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. When you post Content, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service.

To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. 

  1. OTHER DISCLAIMERS

You understand that yplocal does not control and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, yplocal and Content available through the Service may contain links to other websites, which are completely independent of yplocal. yplocal makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. 

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will yplocal be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You acknowledge that yplocal does not pre-screen or approve Content, but that yplocal shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

6. CONDUCT

You represent and warrant that you will not post, email, or otherwise make available Content:

  1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  2. that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
  3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  5. that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
  6. with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
  7. that impersonates any person or entity, including, but not limited to, a yplocal employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  8. that includes personal or identifying information about another person without that person’s explicit consent;
  9. that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
  10. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  11. that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  12. that constitutes or contains any form of advertising or solicitation if: posted in areas of yplocal which are not designated for such purposes;
  13. or emailed to yplocal users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
  14. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
  15. that contains 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;
  16. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
  17. or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you represent and warrant that you will not:

  1. contact anyone who has asked not to be contacted;
  2. “stalk” or otherwise harass anyone;
  3. collect personal data about other users for commercial or unlawful purposes;
  4. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by yplocal;
  5. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  6. post the same item or service in more than one classified category or forum;
  7. attempt to gain unauthorized access to yplocal’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or yplocal;
  8. or use any form of automated device or computer program that enables the submission of Content on yplocal without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

7. THIRD PARTY CONTENT, SITES, AND SERVICES

yplocal and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of yplocal, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for yplocal to verify information provided by the seller of any item.

You agree that yplocal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that yplocal is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release yplocal, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

8. ADVERTISING

You understand and agree that the Service may include advertisements and that these advertisements are necessary for yplocal to provide the Service. Ypocal relies on its advertisers for the accuracy and completeness of such advertising. Yplocal may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. Furthermore, yplocal does not endorse any product or service that may be offered through advertising delivered on or through the Service. 

9. PRIVACY AND INFORMATION DISCLOSURE

yplocal may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by yplocal’s Privacy Policy located at www.yplocal.us/about/privacy. You represent that you have read and understood the yplocal Privacy Policy.

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to yplocal’s agent for notice of claims of copyright or other intellectual property infringement (“Abuse Agent”). The Notice must be sent by email to notice@yplocal.us.

Please include the following with your Notice to our Abuse Agent:

  1. The identity of the material on yplocal that you claim is infringing, in sufficient detail so that we may locate it on the website;
  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. Your address, telephone number, and email address;
  4. A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
  5. Your physical or electronic signature.

11. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to (yplocal) the Service on behalf of others. All listings posted by a Posting Agent will be allocated the Free Basic Package.  As of the 366th day following registration (“Expiry Date”), your Basic Account shall be converted into the Starter Plan with a Term of one (1) year. Your Starter Plan shall automatically renew at the conclusion of each Term. You may prevent your Starter Plan from automatically renewing by providing written notice to yplocal at least 30 days before the beginning of a new Term. There are no refunds.

yplocal may automatically charge your credit card at the beginning of each Term. You represent and warrant that all credit card and personal information that you provide to yplocal for such purposes shall be true and correct. You must promptly inform yplocal of any changes in your credit card information. 

If payment is not received within thirty 30 days from the beginning of a Term, yplocal will terminate your Account without notice, effective immediately, which will result in the forfeiture and destruction of all information associated with your Account.

If yplocal chooses to increase its prices, it shall provide you with email notification of such increase at least thirty 30 days in advance and you may elect to terminate the service prior to such increase becoming effective by contacting yplocal by email. 

12. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to yplocal email addresses or through yplocal computer systems is expressly prohibited by these TOU. Any unauthorized use of yplocal computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

13. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.  Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

14. LIMITATIONS ON SERVICE

You acknowledge that yplocal may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that yplocal has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that yplocal reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that yplocal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. ACCESS TO THE SERVICE

yplocal grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by yplocal. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

yplocal does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by yplocal to do so. You may create a hyperlink to the home page of yplocal, so long as the link does not portray yplocal, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

yplocal may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. yplocal permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “yplocal” as the source, (d) your use or display does not suggest that yplocal promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden yplocal’s systems. yplocal reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by yplocal immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from yplocal that has been signed by one of yplocal’ s authorized representatives.

16. TERMINATION OF SERVICE

You agree that yplocal, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if yplocal believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that yplocal shall not be liable to you or any third-party for any termination of your access to the Service. You understand that this right shall be in addition to and not in substitution for any other rights and remedies available to yplocal. Further, you agree not to attempt to use the Service after said termination. Sections 2-10 and 15-22 shall survive termination of the TOU.

17. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of yplocal. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of yplocal, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. yplocal, as well as certain other of the names, logos, and materials displayed on yplocal, constitute trademarks, trade names, service marks or logos (“Marks”) of yplocal or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with yplocal or those other entities.

Although yplocal does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to yplocal an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub licenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant yplocal all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

18. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF yplocal AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. yplocal AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, yplocal DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF yplocal AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, yplocal DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON yplocal  OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON yplocal OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, yplocal DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH yplocal OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM yplocal, yplocal OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

19. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL yplocal BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF yplocal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) ANY ASPECT OF YOUR USE OF yplocal OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF yplocal OR THE SERVICE, FROM INABILITY TO USE yplocal OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF yplocal OR THE SERVICE; (B) OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH yplocal OR THE SERVICE OR ANY LINKS ON yplocal OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH yplocal OR THE SERVICE OR ANY LINKS ON yplocal; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF OTHER THIRD PARTIES THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY yplocal OR THE FAILURE OF yplocal TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

20. INDEMNITY

You agree to release, indemnify, defend and hold harmless yplocal, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Service, your use of the Service, your connection to the Service, any breach by you of the TOU or your violation of any rights of another. yplocal reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.

21. GENERAL INFORMATION

  1. The TOU, and the relationship between you and yplocal will be governed by the laws of the State of West Virginia, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in West Virginia and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that yplocal may elect, in its sole discretion, to litigate the action in the jurisdiction where any breach by you occurred or where you can be found.
  1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  1. The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and yplocal and governs your use of the Service, superseding any prior agreement between you and yplocal.
  1. If any provision of the TOU 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 TOU remain in full force and effect.
  1. The section titles in the TOU are solely used for the convenience of the parties and have no legal or contractual significance.
  1. The failure of yplocal to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

22. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to notice@yplocal.us

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for yplocal to pursue legal action to enforce the TOU, you will be liable to pay yplocal the following amounts as liquidated damages, which you accept as reasonable estimates of yplocal’s damages for the specified breaches of the TOU:

  1. If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay yplocal one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
  2. If yplocal establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay yplocal one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access yplocal in excess of such limits, whichever is higher.
  3. If you send unsolicited email advertisements to yplocal email addresses or through yplocal computer systems, you agree to pay yplocal twenty five dollars ($25) for each such email.
  4. If you post Content in violation of the TOU, other than as described above, you agree to pay yplocal one hundred dollars ($100) for each item of Content posted. In its sole discretion, yplocal may elect to issue a warning before assessing damages.
  5. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay yplocal one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay yplocal an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
  6. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without yplocal’s express written permission, you agree to pay yplocal three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, yplocal retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

23. FEEDBACK

We welcome your questions and comments. Please send them to service@yplocal.us

24. TERMS OF USE FOR ALL SERVICES

yplocal offers a variety of online programs (“Programs”) as a convenience to its participating Businesses and persons interested in engaging a Business (“Consumer”) to perform or receive services or information about such services.

  1. FOR CONSUMERS

As a condition to your use of the Programs and as material inducement on the part of yplocal and its affiliates to offer the Programs, you expressly acknowledge and agree that:

  1. Use of the Programs are at your sole risk. yplocal and its affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
  2. the Programs;
  3. the Business, or;
  4. the services to be performed by any Business.
  5. yplocal, its officers, directors, members and employees, as well as yplocal affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
  6. your use of the Programs;
  7. the engagement by you of any Business;
  8. any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Business’ agents, vendors, consultants and the like, or;
  9. any other matter relating to the Programs;
  10. In no event will yplocal’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.
  11. yplocal and its affiliates do not provide, nor will they provide, any service to or for you, nor is yplocal and its affiliates a party to any agreement which you may enter into with a Business. If you engage the services of any Business, all arrangements in such regard are solely between you and the concerned Business.
  12. If any of the above terms are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use for All Services shall remain in full force and effect.
  1. FOR BUSINESSES

As a condition to your use of the Programs and as material inducement on the part of yplocal and its affiliates to offer the Programs, you expressly acknowledge and agree that:

  1. Use of the Programs are at your sole risk. yplocal and its affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
  2. the Programs;
  3. the Consumers, or;
  4. the agreement between you and the Consumer.
  5. yplocal, its officers, directors, members and employees, as well as yplocal affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
  6. your use of the Programs;
  7. the engagement of you by any Consumer;
  8. any acts, negligence, breach of contract or other conduct engaged in by you or by any of your or the Consumer’s agents, vendors, consultants and the like, or;
  9. any other matter relating to the Programs.
  10. In no event will yplocal’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.
  11. yplocal and its affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
  12. If any of the above terms are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use for All Services shall remain in full force and effect.

Questions about our Programs may be directed to: service@yplocal.us

25. BUSINESS USER AGREEMENT

Legal Disclaimer: By accessing or using your Account, you personally, or on behalf of the Business on which you are using the Account, (collectively, “you” or “your”) are accepting the terms below. You affirm that you have the authority to represent the Business, along with its products, pricing, and copyrighted material. If you do not agree to the terms, or if you do not have the authority to represent the Business with regards to the terms, you are not permitted to access or use the Account.

  1. Parties: This agreement (“Business User Agreement”) governs the relationship between you and yplocal (collectively, the “Parties”). The Parties agree to the formation of the Business User Agreement by electronic means.
  1. Content: You hereby grant yplocal, its subsidiaries, and/or affiliated companies an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use the images (including logos, products, installation photos), product catalog, and related data, such as and including product pricing, that you provide or have placed on your website (collectively, “Business Content”) for display on yplocal and affiliated sites, including related websites, social media websites, picture hosting websites, and all other websites yplocal at its sole discretion believes will provide beneficial exposure to you (collectively, “Affiliated Websites”), and for use in emails, quote requests and promotional materials. You may make suggestions as to the best way to showcase your products or display the Business Content at any time, but yplocal retains full discretion regarding what Business Content (if any) to display, how, and where. You represent and warrant that you have obtained all rights in the Business Content necessary for yplocal to exercise the rights granted hereunder, that the Business Content is accurate and representative of your products, and that you will update your yplocal account with any updates to the Business Content necessary to keep such Business Content accurate and representative of your products. yplocal and Affiliated Sites are not responsible for any damages associated with the Business Content or its interpretation.
  1. Billing and Fees: You may select the type of Account that you wish to utilize. You authorize yplocal to charge your credit card or other payment method for the price indicated for such Account. All payments shall be made in U.S. dollars.

Premium Account (Paid): The term (“Term”) of your Premium Account shall be one (1) year Your Premium Account shall automatically renew at the conclusion of each Term. You may prevent your Premium Account from automatically renewing by providing written notice to yplocal at least 30 days before the beginning of a new Term. There are no refunds. 

Basic Account: To obtain a 60-day free trial (“Free to join), you may register for a Basic Account. As of the 61st day following registration (“Expiry Date”), your Basic Account shall be converted into the Starter Plan with a Term of one (1) year. Your Starter Plan shall automatically renew at the conclusion of each Term. You may prevent your Starter Plan from automatically renewing by providing written notice to yplocal at least 30 days before the beginning of a new Term. There are no refunds.

yplocal may automatically charge your credit card at the beginning of each Term. You represent and warrant that all credit card and personal information that you provide to yplocal for such purposes shall be true and correct. You must promptly inform yplocal of any changes in your credit card information. 

If payment is not received within thirty 30 days from the beginning of a Term, yplocal will terminate your Account without notice, effective immediately, which will result in the forfeiture and destruction of all information associated with your Account.

If yplocal chooses to increase its prices, it shall provide you with email notification of such increase at least thirty 30 days in advance and you may elect to terminate the service prior to such increase becoming effective by contacting yplocal by email. 

  1. Termination: yplocal may terminate the Business User Agreement at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate the Business User Agreement, termination shall only take effect upon conclusion of the Term. All the provisions of the Business User Agreement which by their nature should survive termination shall survive termination, including, without limitation, the licensing provisions.

End Agreement.

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