Terms and Conditions

THESE WEBSITE TERMS AND CONDITIONS OF SUPPLY (“TERMS”) ARE MADE BETWEEN BRIGHTLOCAL LTD (COMPANY REGISTRATION NUMBER 10384626) OF 86, GLOUCESTER ROAD, BRIGHTON, BN1 4AP (“WE”, “US” or “BRIGHTLOCAL”) AND YOU IN RESPECT OF THE SALE AND PURCHASE OF CERTAIN SERVICES AND ACCESS TO WWW.BRIGHTLOCAL.COM (“WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE ORDERING ANY OF THE SERVICES. YOU UNDERSTAND THAT BY CLICKING ON “I ACCEPT” AND BY ORDERING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT BE ABLE TO PLACE YOUR ORDER FOR THE SERVICES. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.SECTION A: GENERAL CONDITIONS APPLY TO ALL USERS OF THE WEBSITE AND SERVICES. IF YOU ARE AN AGENCY BUSINESS USER, THE PROVISIONS UNDER SECTION B: AGENCY BUSINESS USER SHALL APPLY TO YOU ACCORDINGLY IN ADDITION TO THE TERMS UNDER SECTION A.

Section A: General conditions

1

DEFINITIONS

“Account” shall have the meaning set out in clause 3.3;

“Agency Business User” means if you are a business, including but not limited to, an SEO agency, web-designers and marketing agencies who purchases and provides the Services to another third party;

“BrightLocal Blog” means the BrightLocal blog on the Website;

“Beta Services” means where services are labelled “Beta”, “Evaluation” or “Trial” for evaluation by Users on the Website;

“Charges” means the non-refundable charges for each relevant package of Services which are set out on the Website;

2

INFORMATION ABOUT US

2.1 The Website is owned and managed by BrightLocal Ltd, a company registered in England and Wales with Company Registration Number 10384626 and having its address at 86, Gloucester Road, Brighton, BN1 4AP, United Kingdom

2.2 By using the Website as a User, you warrant that:

2.2.1 you are legally capable of entering into binding contracts; and

2.2.2 you are at least 18 years old.

2.3 If you do not register as a Registered User you will not be able to purchase the Services and will only have access to the Website as a Non-registered User.

3

USE OF THE SERVICES AS A REGISTERED USER AND FORMATION OF CONTRACT WITH BRIGHTLOCAL

3.1 You may use the Services as a Registered User if you register your details with BrightLocal following the instructions set out on the Website and by creating an Account.

3.2 You are only allowed to have 1 Account on the Service and may only benefit from the 14 day free trial offered 1 time. You are not allowed to create multiple Registered User profiles for the same individual or business.

3.3 You consent to verification and security procedures being conducted in respect of such information and warrant that you shall promptly notify BrightLocal in the event of any changes to such information provided.

3.4 Having processed the information you have provided and/or the payment of the Charges for the relevant Service.

4

USER AND OBLIGATIONS

4.1 As a User, you are solely responsible and liable for all activities on the Website and the purchase of the Services made using your Account.

4.2 You shall promptly notify BrightLocal in the event of a breach of security or any unauthorised use of your Account.

4.3 If you are using the Website as a User, you shall not submit to appear on the BrightLocal Blog any User Submission that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:

4.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

4.3.2 harass or advocate harassment of another person;

5

CHARGES AND PAYMENT

5.1 Unless otherwise expressly set out to the contrary or in cases of obvious error, the Charges for all Service shall be as set out on the Website and shall be correct at the time of you placing the order.

5.2 We shall use our reasonable endeavours to ensure that the Charges for the Services are accurate and correct at all times. Where there is a discrepancy between the actual Charge and the Charge advertised, we shall inform you of the actual Charge of the Service. If the Charge discrepancy arises after you have placed your order for the Service with us, you shall have the option of proceeding with our order in consideration for the actual Charge or to cancel your order with us.

5.3 All Charges quoted on the Website shall be inclusive of VAT. An itemised receipt of your purchase shall be available once payment of the Charge has been made.

6

TERM AND TERMINATION

6.1 Your Contract as a User will remain in full force and effect while you are a User of the Website.

6.2 BrightLocal may terminate its Contract with the User by posting a message on the Website and/or emailing the Registered User not less than thirty (30) days prior to the date of termination. You may cease to be a User at any time, for any reason, effective upon receipt by BrightLocal of your written or email notice of termination, sent to the postal or e-mail address detailed in clause 12.1.

6.3 Notwithstanding the foregoing, BrightLocal may suspend or terminate your access and use of the Services as a User with immediate effect in the event that:

6.3.1 third party services and network providers cease to make the third party service or network available to BrightLocal;

7

WARRANTIES AND LIABILITIES

7.1 You hereby warrant that (a) you are at least 18 years old; (b) you have the right and capacity to enter into and be bound by these Terms; and (c) you shall comply with all applicable laws regarding the use of the Services and/or the Website either as a User.

7.2 You further warrant that the information provided to BrightLocal by you to purchase the Services, are at all times true, accurate and correct and that you shall promptly inform BrightLocal in the event of any changes to such information.

7.3 You acknowledge and agree that BrightLocal only provides you with the facility to purchase the Services as a Registered User. Consequently, you understand that BrightLocal is not a participant in any way, in any communication or dealings, between you and the other Users. You are also advised to take all reasonable care if you choose to meet with or enter into any contractual relationship with other Users, if any.

8

INTELLECTUAL PROPERTY RIGHTS

8.1 BrightLocal and its licensors own all rights in the intellectual property rights relating to the Website.

8.2 Where you are a User, you warrant and represent that you own or are licensed to use any and all the Intellectual Property Rights in any User Submissions.

8.3 Save for the provisions set out in 8.4 and 8.5 you are expressly prohibited from:

8.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images, articles and write-ups made available on the Website; and8.3.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by BrightLocal and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill...

9

DATA PROTECTION AND PRIVACY POLICY

9.1 BrightLocal complies with the Data Protection Act 1998 and all other successor legislation and regulation in the performance of its obligations set out under these Terms. You can view the BrightLocal Privacy Policy here.

10

USE OF COOKIE’S ON BRIGHTLOCAL

We sometimes place small text files on your computer. These are known as cookies. Most websites use cookies. Our cookies aren’t used to identify you personally. They just help to make the site work better for you.

To learn more about cookies and how to manage them, visit AboutCookies.org. Or please read on to find out more about how and where we use cookies.

How we use cookies
a) Google Analytics

We use Google Analytics to collect information about how people use this site. We do this to help us to better understand what site visitors are interested in. This enables us to continually improve the service we provide.

11

BETA AND EVALUATION SOFTWARE

11.1 Notwithstanding any of the other terms of these Terms, where Services is labelled Beta Services, BrightLocal grants the User a temporary right, for the Beta Services solely for evaluation purposes.

11.2 The User acknowledges that the Beta Services may not be free of errors or bugs and you agree that the existence of any errors shall not constitute a breach of these Terms.

11.3 The Beta Services licensed hereunder is believed to contain defects and a primary purpose of this beta testing license is to obtain feedback on the Beta Services performance and the identification of defects. The User is advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the software and/or accompanying materials.

11.4 BrightLocal shall bear no liability in respect of the provision of such Beta Services or its use by the User for any damage...

12

GENERAL

12.1 If BrightLocal fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from complying with such obligations.

12.2 A waiver by BrightLocal of any default shall not constitute a waiver of any subsequent default.

12.3 No waiver by BrightLocal of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

12.4 All notification and communication to BrightLocal should be sent to the contact details made available to you on the Website.

13

CONTACT DETAILS

13.1 If you have any questions or queries about these Terms please contact BrightLocal by email to [contact@brightlocal.com] or post to [Contract Enquires, 86, Gloucester Road, Brighton, BN1 4AP, United Kingdom].

13.2 If you wish to make a complaint about the Website or to report abuse of the Website please contact BrightLocal by email to [contact@brightlocal.com] or post to [Contract Enquires, 86, Gloucester Road, Brighton, BN1 4AP, United Kingdom].

IF YOU ARE AN AGENCY BUSINESS USER USING THE WEBSITE AND/OR SERVICES, THE PROVISIONS UNDER SECTIONS B SHALL APPLY ACCORDINGLY.

B1

AGENCY BUSINESS OBLIGATIONS

13.1 If you have any questions or queries about these Terms please contact BrightLocal by email to [contact@brightlocal.com] or post to [Contract Enquires, 86, Gloucester Road, Brighton, BN1 4AP, United Kingdom].

13.2 If you wish to make a complaint about the Website or to report abuse of the Website please contact BrightLocal by email to [contact@brightlocal.com] or post to [Contract Enquires, 86, Gloucester Road, Brighton, BN1 4AP, United Kingdom].

IF YOU ARE AN AGENCY BUSINESS USER USING THE WEBSITE AND/OR SERVICES, THE PROVISIONS UNDER SECTIONS B SHALL APPLY ACCORDINGLY.

B2

ADDITIONAL WARRANTIES AND LIABILITIES

B2.1 BrightLocal shall not be liable for your communication, dealing, transaction and/or relationship with the Client and any other third parties in your use of the Services including but not limited to any fees owed by the Client in respect of the Services.

B2.2 In the event of a dispute between you and the Client, you agree to deal with such dispute independently of and without any demands from BrightLocal, and you fully and completely release BrightLocal from all claims, liability and damages arising from or in any way connected to such claim or action. B2.3 BrightLocal does not promise, warrant or guarantee any specific results from your use of the Services. BrightLocal also does not guarantee (a) the availability of the Service at all times; or (b) that the Service shall be fault free or uninterrupted at all times.

B2.4 The Agency Business User hereby releases BrightLocal from any and all liabilities arising from any dispute be.

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