Terms and Conditions
By accessing or using our websites (hometownclix.com, www.hometownclix.com) and all products and services offered by Hometown Clix, you are considered a “user” and are agreeing to follow and will be bound by all conditions included in this document. If you do not agree with these Terms you may not use our products and/or website. (hereinafter referred to as “Hometown Clix”).
Hometown Clix takes reasonable care in providing this information. However, because of the possibility of human error inherent in compiling database information and everyday turnover of information, Hometown Clix does not assume any liability for the correctness of this information, or the information from which it is compiled, and does not warrant the comprehensiveness, completeness, accuracy, or adequacy for any purpose or particular use of this information. Under no circumstances will Hometown Clix be liable to Client or third parties for incidental, special, consequential, or exemplary damages, including, but not limited to, lost profits, lost data, lost business, postal charges, costs, expenses, etc. Hometown Clix entire liability for any claim whatsoever relating to and / or under this Agreement shall not exceed the total amount of the charges paid by Client to Hometown Clix for the data on which the claim is based. Hometown Clix shall not be responsible for any laws, rules, or regulations relating to Client’s use of Hometown Clix data, including, without limitation, any such laws, rules, or regulations that are specific to Client or its business (e.g. state insurance law, or laws governing real estate agents.) The outcome of Client’s marketing promotions is not guaranteed.
Client agrees that the names provided are for their own or their clients use only, and that the names and addresses will not be duplicated or resold. The Hometown Clix lists are seeded with decoy names to protect against unauthorized use. Client may use Hometown Clix data solely for Client’s direct marketing program, but for not other purposes.
Any user can search Hometown Clix, inquire about an item or service listed, click on the links to access other sections of website or access a third party website, or contact Hometown Clix without having to become a registered user.In the event that a user wishes to post an ad they will have to become a registered user by signing up for registered user status. It is at the sole discretion of Hometown Clix to accept or reject any users’ registration. Once a user becomes registered their status as a registered user can be taken away at any time at the sole discretion of Hometown Clix. Your status as a registered user also means you consent to receive email communication(s) from Hometown Clix regarding the status of your ad(s) and account. If you wish to no longer be a registered user you must contact Hometown Clix and at that time we will process your request. If you wish to not be considered a user the only course of action would be ceasing visitation of thelocallists.com and/or www.thelocallists.com
- USE PROVISIONS
Internet Services, Content, Products, and Accuracy of Data: We attempt to ensure that information on this website is complete, accurate, and current, however, due to the nature of the information we gather (and its sources) it may be inaccurate, incomplete, or out of date. We make no guarantees as to the accuracy or completeness of any information expressed on our website. All features, content, product descriptions, product pricing, services, and statements of said products and services described or displayed on this website are subject to change at any time without notice. Hometown Clix, LLC continually attempts to accurately display all aspects of our products and services.
- ORDER CONFIRMATIONS
It is our practice to confirm orders by email receipt. Receiving said email binds the client to their obligations as outlined in the Billing and Payments Section included in this agreement. Receiving an email receipt does NOT constitute an agreement beyond the specified details of that receipt. You may request a receipt to be mailed to you. If you do not receive a receipt by mail your emailed copy will serve as your formal receipt. Anyone “logging in” to our client-side confirms that they have received a receipt and will be bound by the terms and conditions regarding Billing and Payments below. We reserve the right without prior notice and at our discretion to refuse service to any customer along with access to the website by any visitor or customer should it be used inappropriately or beyond the scope of what Hometown Clix deems acceptable.No guarantee of quantity, dates or frequency of advertising broadcasts.
- No guarantee of a minimum or maximum quantity of advertisers.
- No guarantee of ad position within an advertisement or broadcast.
- Broadcast dates may vary, and may be adjusted at our discretion.
- Hometown Clix is NOT responsible for spelling/grammar in ads created by user.
- Hometown Clix is NOT responsible for accuracy of ad hyperlink provided by user.
- PROHIBITED LIST
Any item or service that violates local, state, or federal laws
• Personal information, identification, or records
• Proprietary or confidential information; government documents
• Any ad for real estate, rental property, apartments, room(s) for rent, roommate situations, or any other advertisement related to personal living space that violates the Fair Housing Act
• Any job posting/employment ad that violates Federal, State or Local employment laws
• Postings used for the sole purpose to drive traffic to another website
• Bait and switch ads, pyramid schemes, multi-level marketing schemes, get rich quick schemes, rigged contest, jobs requesting money/fees be paid prior to employment, or any other misleading and untruthful solicitation
• Counterfeit, pirated, or unauthorized replica items and goods
• Stolen goods or property; items with vin/serial numbers removed or altered
• Items and services to be used to assist in unlawful activity as well as the solicitation of any unlawful activity
• Hazardous materials; including bodily fluids/parts and donations
• Governmental assistance: goods, cards, vouchers, items, etc.
• Recalled items or items containing recalled parts
• Prescription medication or any other controlled substance, including illegal drugs, and any items related to the making of, transporting, or consuming of said goods
• Any US Military items unauthorized for sale; military medals, decorations, and citations
• Services that discriminate based on age, race, gender, sexual orientation, or physical condition
• Spam advertising, duplicated postings, non-local ads, or ads in incorrect categories
• Opened or spoiled perishable goods
• Items with known defects that are not disclosed
• Unlicensed services in situations where licenses are mandatory and failure to provide a license number in your ad when requested
• Embargoed goods
• Escort Services
• Government or police uniforms, badges, and IDs
• Illegal weapons
• Ads solely for the intention of soliciting donations
• Black magic or witchcraft
• Personal, dating, or hook-up ads
• Ads considered to promote products and services that we deem to be our competitors
ACCEPTABLE USE & AD POSTING
The purpose of Hometown Clix is to provide a place online that can bring buyers and sellers together. Hometown Clix reserves the right to delete or alter any online or print ad placed on the website at our discretion without the permission of the user. With that in mind you agree to do the following when posting ads and using the website:
- Place your ad in the appropriate category/categories and the appropriate location/locations
- Follow all local, state, and federal laws and regulations regarding trade, commerce, and communications
- Contact Hometown Clix as a means to report any offensive content
You also agree to NOT do the following:
- Provide false or misleading information
- Post spam or chain letters and/or send spam or chain letters through our servers to our users
- Price items and services much lower than what you will be asking for and/or use bait and switch tactics
- Post any ad for housing, rental property, roommates, room or space for rent or any ad related to living space that violates the HUD Federal Fair Housing Act
- Post any ads for employment that violate Federal, State or Local employment laws
- Solicit participation or advertise for any multi-level marketing or pyramid schemes
- Post an original ad, copy or modify an existing ad, or repost an ad for an item or service that is not yours, you do not provide, or you do not have permission to post
- Duplicate your own ad to create multiple ad postings
- Use robots, scrapers, crawlers, spiders, or any other automated gathering means to collect content from Hometown Clix without our express written consent
- Collect users personal or contact information
- Violate third party rights
- Interfere in any way with the working operations of Hometown Clix in a negative manner
- Insult, abuse, discriminate against, or degrade any user of Hometown Clix
- Use any words or language that we find to be inappropriate
- Post ads for anything listed on our Prohibited List
Any violation of the above provisions can/will result in Hometown Clix deleting or altering the ad, restricting or banning the user, and if necessary taking legal action.
- MATERIALS AND CONTENT
ALL materials and content provided by Hometown Clix or displayed on www.hometownclix.com require written authorization to be used or transmitted by any user of the website. Any material generated by Hometown Clix and displayed on the website is the sole property of Hometown Clix This includes, but is not limited to: Product Branding, Report Generation, Images, Client Data, Content, and Accounts Created.
Any unauthorized use of said materials and content may violate local, state, or federal laws designed to protect copyrights, trademarks, and intellectual capital. It is the client’s responsibility to comply with the laws governing their use of the website and protect their personal information (specifically account username and password) along with the confidentiality of their information that may be displayed. You agree to accept responsibility for all activities that occur within your account and will NOT holdHometown Clix liable should the account (or its data) be compromised by an unauthorized user.
- CAMPAIGN OWNERSHIP
All advertising campaigns are the property of Hometown Clix unless otherwise stated in an additional contract or addendum.
Hometown Clix has the right to terminate your account at any time for any reason and you “the user” or “account holder” has the right to terminate your account at any time for any reason within the guidelines of our Billing and Payments Section.
- BILLING AND PAYMENTS
Hometown Clix has specific policies concerning billing and payments. ALL products offered by Hometown Clix fall under this scope, including but not limited to: Pay per Click Advertising (PPC) Campaigns, Lead Generation Email Campaigns, SEO Member Pages, Landing Pages, Websites & CRM. Payments must be made by credit card. Any money that has been spent on an account by Hometown Clix to any third party (specifically search engines like Google) is not refundable at any point. Set-up fees charged for ad account creation, upgrade or downgrade are not refundable.
ALL accounts are put on a recurring payment cycle at point of sale. Any client wishing to downgrade, pause or cancel an account must contact Hometown Clix by email at email@example.com at least 15 business days prior to the due date of their next payment. It is the sole responsibility of the customer to contact Hometown Clix to cancel their account.
Payments made by credit card MUST be successfully processed by Hometown Clix to keep accounts online and active to prevent any ‘down-time’ or temporary termination of service.
Client acknowledges that Hometown Clix data is not intended to be indicative of any consumer creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living (as such terms are used in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC 1681a.)Hometown Clix serves merely as the provider of the platform for the publication of online advertisements. Users of Hometown Clix are solely responsible for the content of any of their ads and are obligated to represent themselves truthfully. We do not and cannot guarantee that all content in each ad is accurate, communicated in good faith, legal, safe, and/or of the quality advertised. As stated in section 2, any violation of the acceptable use provisions can/will result in Hometown Clix deleting the ad, restricting or banning the user, and if necessary taking legal action. Regardless of the actions taken Hometown Clix accepts no responsibility or liability for any unlawful content or activity posted on or facilitated by hometownclix.com and/or www.hometownclix.com
We are not liable for any losses related to money/finances, property, goodwill, or reputation as well as any direct or indirect damages resulting from your use of Hometown Clix. We also do not guarantee continuous or secure access to our servers.
- FEES, CHARGES, & SALES
All Sales are final. We reserve the right to reject any listing, for any reason. If rejected, we will issue a credit for a future purchase. Our prices and offers are subject to change at any time, without notice, for any reason. While Hometown Clix does allow the ability to post ads for free, there may be limited benefits and restrictions. If you wish to purchase additional features or are required to purchase an upgrade due to any restrictions you will be afforded the ability to review all charges before proceeding and submitting a payment. Prices, promotions, and products are subject to change at the discretion of Hometown Clix. The purchase of any upgrades or features does not guarantee any response to your ad. If you purchase a subscription plan please be advised that your subscription will automatically renew at the end of each term; it is your responsibility to notify Hometown Clix within 30 days of the renewal date to cancel the service. Hometown Clix reserves the right to refuse payment and deny services at any time and all charges are nonrefundable.
- FAIR INFORMATION PRACTICES
No solicitation made using a list supplied by Hometown Clix data shall make a reference to any selection criteria or presumed knowledge regarding the intended recipient of such solicitation, or the source of the recipient’s name and address, except to the extent such selection criteria, knowledge, or source of information is derived from Client-owned data. The Client shall comply with all federal, state, and local laws and regulations in connection with any use made of Hometown Clix data. The Client shall not use or permit others to use such data for purposes of mailing pornographic, or sexually explicit material, chain letters, pyramid fund raising solicitations, or other similar purposes. Upon Hometown Clix request, Client shall furnish Hometown Clix with a sample mail piece to enable Hometown Clix to verify Client’s compliance with such restrictions.
- Limitation of Liability & Customers (Clients) Responsibility
HOMETOWN CLIX ACCEPTS NO RESPONSIBILITY IN THE FOLLOWING INSTANCES: SHOULD AN ACCOUNT BE BROUGHT OFF-LINE AS A RESULT OF TECHNICAL DIFFICULTIES AT OUR FACILITIES OR THOSE OF THE VENDORS HOMETOWN CLIX USES. DUE TO THE TECHNICAL NATURE OF OUR PRODUCTS AND SERVICES, HOMETOWN CLIX CAN NOT BE HELD RESPONSIBLE FOR TECHNICAL DIFFICULTIES THAT OCCUR. HOMETOWN CLIX ADVERTISING SERVICES ARE DESIGNED TO BE EMPLOYED AND MANAGED BY HOMETOWN CLIX AND DO NOT GUARANTEE ANY INCREASE IN BUSINESS OR SPECIFIC TRAFFIC LEVELS TO A GIVEN ADVERTISEMENT. ANY LOSS OF BUSINESS RESULTING FROM AN ADVERTISEMENT IS SOLELY THE RESPONSIBILITY OF THE CLIENT. IF A CLIENT NOTICES AN ERROR IN THEIR ACCOUNT, ON THEIR ADVERTISEMENT, OR IN ANY PRODUCT OR SERVICE – IT IS SOLELY THEIR RESPONSIBILITY TO CONTACT HOMETOWN CLIX TO HAVE IT CHANGED.
- Third-Party Disclosure
HOMETOWN CLIX USES THIRD PARTIES FOR VARIOUS PRODUCTS AND SERVICES AND CANNOT BE HELD RESPONSIBLE FOR DOWNTIME OR LOSS OF BUSINESS DUE TO FAILURES OF SAID THIRD PARTIES.
Some jurisdictions have laws protecting consumers and other contract parties that limit their ability to waive certain rights. With respect to those laws; nothing in this document shall waive rights or responsibilities that cannot be waived. Client shall indemnify, defend, and hold harmless Hometown Clix from and against any and all liabilities (including claims for negligence by Hometown Clix,) damages, losses, claims, costs, fees, expenses, attorney’s fees, etc. arising from, or related to, Client’s use of Hometown Clix data. The sale is entered into in Broward County, Florida, and is governed by the laws of the State of Florida without giving effect to the principals of conflict of laws. If any dispute should arise between Hometown Clix and Client as to the Agreement or the Terms and Conditions, Client hereby expressly submits and consents to the jurisdiction of the State District Courts of Broward County, Florida for the purpose of legal resolution. In the event that any of these Terms and Conditions is determined to be unenforceable, the other Terms and Conditions shall remain in full force and effect. Failure of Hometown Clix to enforce at any time any of the Terms and Conditions shall not be deemed a waiver of any of Hometown Clix rights and shall not affect the validity of the Agreement.
- Representations and Warranties
Each party represents and warrants that it has the power and authority to enter into this agreement and fully understands ALL of the TERMS AND CONDITIONS expressed within.