Terms of service

Welcome to LocalTop!

This Terms of Use (the “Agreement”) is a legal agreement between you (“User” or “you”) and BackWeb Technologies, Inc. d/b/a LocalTop, Inc. (“LocalTop” or “We”).  Your access to the Site (defined below) is governed only by the terms and conditions below.  For convenience, we refer to the LocalTop.com website [www.localtop.com] and any content and functionality therein that is provided by LocalTop as the “Site.” We refer to any communications, transactions, or services you may have or receive from a service provider that is requested or contacted through the Site (a “Service Provider”) as “Service Provider Services.”

This Agreement limits LocalTop’s liability and obligations to you and allows LocalTop to change, suspend, or terminate your access to and use of the Site in its sole discretion.  We urge you to carefully read this Agreement.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICE PROVIDER SERVICES.

Please note the following:

    • LocalTop hopes to provide a service that assists you in your efforts to find high quality local services.  We research service providers ahead of time and try to list only those that we believe have a history of providing good customer service.  We also obtain, from the service providers, the details of the services they offer, which we summarize in a structured way on the Site to help you with your selection process.
    • LocalTop researches service providers before we ask them to be listed on the Site.  We endeavor to identify service providers that have a history of and commitment to providing good customer service.  We do this by researching the service provider’s licenses, professional certification, and online reputation.  However, our research is limited in scope and you should read the details about the scope of  our research of service providers and the associated disclaimers set forth this Agreement. 
    • LocalTop charges a fee to Service Providers that are listed on our site.  We endeavor to offer them a straightforward, fair deal whereby their fees to LocalTop are commensurate with the benefits they receive from our service.  We believe this approach aligns the interests of LocalTop, Service Providers, and you. 
    • LocalTop considers it important to get your comments regarding your experience with Service Providers listed on LocalTop.com.  When you contact a Service Provider through LocalTop you agree to be contacted by LocalTop for a short survey to get your Comments, per Section 6 below. 
  1. Eligibility; Limitations on Service  The Site and Service Provider Services are only available to persons who are at least eighteen (18) years old.  LocalTop makes efforts to research and list Service Providers on the Site that provide high-level service and are trusted in their communities and industries.  However, LocalTop acts only as an interface to introduce and facilitate communications between Service Providers and Users and LocalTop is not a party to any relationship or separate agreement entered into between Users and Service Providers, including but not limited to the Service Provider Services, and disclaims any and all liability relating thereto.  Service Providers are not employees, agents or contractors of LocalTop.

    LOCALTOP MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE THE SITE TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, WHEN YOUR NEEDS ARE UNUSUAL OR BEYOND THE SCOPE OF WHAT IS INTENDED BY LOCALTOP AS DETERMINED BY LOCALTOP IN ITS SOLE DISCRETION.

  1. LocalTop Accounts and Use of the Site

    You will have the opportunity to request communication with Service Providers through the Site (“Service Request”). When you submit a Service Request, you must provide LocalTop with your accurate and complete name, telephone number, e-mail address, and the city and state you designate in your searches for Service Providers. You will not use false identities, provide inaccurate information, impersonate any other person, or use a name that you are not authorized to use. We encourage you to read our Privacy Policy at http://www.localtop.com/privacy-policy.html for information about our policies and procedures regarding the collection, use, and disclosure of personal information we receive from Users.

  1. Termination or Suspension of the Site & Modification of the this Agreement
    1. LocalTop reserves the right, in its sole discretion to modify, discontinue or terminate the Site or to modify or terminate this Agreement at any time without advance notice.  If we modify this Agreement (or any policies incorporated herein) we will give you notice of the new terms.  If any modification to the Site, services or this Agreement is not acceptable to you, your only recourse is to cease using the Site.  Your use or access of the Site after we have provided such notice will represent your acceptance of the new terms.
    1. Without limiting other remedies, LocalTop may at any time refuse to provide access to the Site without reason or notice to you.  Such termination or suspension amounts to a termination of this Agreement by LocalTop:
      1. if LocalTop suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by LocalTop;
      1. if LocalTop suspects that your actions may be illegal or cause liability, harm, or disruption for you, Service Providers, LocalTop, other Users, the Site or any other third parties.
    1. The following provisions will survive any termination of this Agreement or suspension or cancellation of your right to use or access the Site:  1, 4, 7, 8, 9, 10, 11, 12, 14, and 15.
  1. Researching Service Providers; Interaction with Service Providers; and Use of Service Provider Services
    1. LocalTop uses the following research process as part of its recruitment of new service providers:
      1. Licensing:  LocalTop uses third-parties to confirm, at the time of a Service Provider’s registration, with LocalTop that the Service Provider has required applicable state-level licensing. Certain trades require licensing only for projects above specified dollar amounts, and certain trades do not require licensing. In some cases, licensing may be required by the county or local authority in which the work is being performed.  The licenses held by a Service Provider on the Site are listed on such Service Provider’s profile on the Site.  If no license is required or verified for the Service Provider, this is noted on the Service Provider’s profile.  Localtop recommends that before you work with a Service Provider you view the Service Provider profile page to review the license held and confirm the license and licensing requirements with the Service Provider and the applicable state and local licensing authorities before working with the Service Provider.  Localtop does not check the licenses for any subcontractors the Service Provider may use on a project.
      1. Identity Verification:  LocalTop independently checks the address and phone number provided by the Service Provider to ensure the Service Provider registrant is the business they claim to be. 
      1. Professional and Community Associations and Certifications:  LocalTop identifies the professional and community associations of which the Service Provider is a member and the certifications and awards earned by the Service Provider.  In some cases Localtop relies on the Service Provider representation of their memberships and certifications.  In other cases, Localtop independently confirms the memberships and certifications.
      1. Service Provider information researched at the time of enrollment, as described above may change or expire over time. While LocalTop attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform screening solely at the time of the Service Provider registration and, therefore, we cannot guarantee that profile and research information is accurate. Therefore, we recommend that before working with a Service Provider you verify that information presented in the Service Provider’s profile is still current and/or acceptable to you.
      1. Localtop does not check any other aspects of the Service Provider as part of its process.  Among the aspects not researched or checked are the following: 
        1. Currency of the Service Providers required state business filings, if any are applicable;
        1. Criminal Records Search or Sex Offender Database Search for the Service Provider principal/owner; or
        1. Search for previous legal actions against the Service Provider or its principal/owner
      1. The above procedures may change from time to time at the sole discretion of LocalTop. LocalTop believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties the authenticity of service providers or that Service Providers are appropriately licensed or have any professional certifications. As circumstances can change daily, LocalTop advises consumers to check these matters for themselves, especially at future dates. LocalTop does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that LocalTop checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.  LocalTop does not endorse, recommend, warrant, or guarantee any Service Provider Services provided by Service Providers, any specific Service Provider, or any Service Provider’s qualifications or credentials, and nothing will be considered as an endorsement, recommendation, warranty, or guarantee of the foregoing by LocalTop.  LocalTop will not be held responsible, and disclaims all responsibility, for any Service Provider listings that fail to comply with applicable laws or regulations.  LOCALTOP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE RESEARCH OF SERVICE PROVIDERS, AND THE CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE RESEARCH PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
    1. LocalTop acts solely as a service that facilitates the sharing of Service Provider Services between Service Providers and Users.  There is no guarantee that LocalTop can match you to a Service Provider willing or able to provide services you desire. LocalTop does not perform and is not responsible for the Service Provider Services.  Your contractual rights for such services are governed by any contract you enter with the relevant Service Provider.  You are solely responsible for your interactions with Service Providers and will exercise caution, discretion, common sense and judgment in, using the Site or Service Provider Services and disclosing personal information to Service Providers and LocalTop.  You agree to take reasonable precautions in all interactions with Service Providers, particularly if you decide to meet with a Service Provider in person.  Your use of the Site and Service Provider Services is at your sole risk and discretion and LocalTop hereby disclaims any and all liability to you or any third party relating thereto.
    1. LocalTop is not responsible, and disclaims all responsibility, for the use or exchange of any information, services, files, or goods between Service Providers and Users.  Further, LocalTop does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Service Providers or Users, including without limitation, any information contained in Service Provider listings, any provision of Service Provider Services, User Feedback, or any information made available through the Site that is provided by Users or Service Providers.  LocalTop assumes no responsibility for monitoring any User Feedback or otherwise policing its users in any way.
    1. LocalTop reserves the right to review and/or record communications between LocalTop and you, including but not limited to those it facilitates through its servers (e.g., the initial call) and any follow-up survey calls, in accordance with applicable law, in order to evaluate compliance with this Agreement and agreements with Service Providers, as well as to collect your feedback on Service Providers and Service Provider Services.  You acknowledge and agree and hereby authorize LocalTop to publish any such feedback on the Site in any medium.  If you ever believe that another User or Service Provider has violated the law or is defrauding, threatening, or endangering anyone, LocalTop urges you to immediately contact the police directly for help.
  1. Additional User Obligations

    The Site and Service Provider Services may only be used and accessed for lawful purposes.  You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Site and Service Provider Services.  In addition, without limitation, you agree to comply with the following:

    1. You are solely responsible for all equipment necessary to access and use the Site.
    1. You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of LocalTop and you will cooperate fully with LocalTop to investigate any suspected unlawful, fraudulent or improper activity.
    1. You will not circumvent or attempt to circumvent LocalTop by contacting Service Providers that you discover on the Site other than through a Service Request.
    1.    You will not circumvent LocalTop by requesting or receiving Service Provider Services and reporting to LocalTop that no such services were requested or provided, or engage in conduct that intentionally reduces any fees due LocalTop, including but not limited to offering or receiving incentives or special billing arrangements, deny that Service Provider Services have been provided to you, or report to LocalTop inaccurately or incompletely for any transaction involving Service Provider Services.
    1. You will not accept or request incentives from Service Providers that induce or are intended to induce you to not report or inaccurately report a transaction involving Service Provider Services.
    1. You will not use or submit obscene, offensive, tasteless, defamatory or hateful content on the Site.
    1. You will not use the Site in any manner that harasses Service Providers or another User or could interfere with any other party’s use or enjoyment of the Site.  You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications or in any other manner as determined by LocalTop in its sole discretion.
    1. You will not attempt to gain unauthorized access to any LocalTop information, computer systems or networks associated with the Site.  You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
    1. You will not “frame,” “mirror” or otherwise copy any portion of the Site.
    1. You will not use the Site or Service Provider Services to transmit solicitation for employees, consultants, or contractors for participation on other websites.
    1. You will not take any actions which may undermine LocalTop’s system to solicit feedback and comments from Users, including, without limitation, using secondary User names or third parties or leaving negative comments if a Service Provider fails to perform some action that is outside the scope of the services described in his or her Service Provider listing, or for another untruthful or malicious reason.  You will not provide untrue, unfair, or slanderous feedback of Service Providers.
    1. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site.
    1. You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and LocalTop policies.
  1. User Comments & Feedback
    1. User Comments

      LocalTop may contact you to solicit feedback and comments about your experience with the Service Providers with whom you have interacted and their Service Provider Services (“User Comments”).   LocalTop may, at its discretion and with your permission, quote excerpts from your Comments on its website and attribute it to the first letter of your first name and your city (e.g. B, Mountain View).  LocalTop may, at its discretion and with your permission, share the Comments with the Service Provider in question. LocalTop advises you to exercise caution and good judgment when providing User Comments.  You should also be aware that you can be held legally responsible for damages to someone’s reputation if your User Comments are deemed to be defamatory or slanderous, and you agree to provide fair and accurate User Comments.  LocalTop does not monitor or censor comments that are provided by Users and disclaims any and all liability relating thereto.  Notwithstanding the foregoing, LocalTop does reserve the right, in its sole discretion, to not publish or remove any User Comments from the Site.

            You consent to LocalTop contacting you for User Comments and agree to provide accurate and candid User Comments, information as to whether Service Provider Services were provided, and information as to the transaction amounts and details, including but not limited to the fees paid for said services.  You agree that, even if LocalTop communicates any complaints from your Comments to Service Providers, it is your responsibility to directly communicate and work with Service Providers in a good faith effort to resolve any disputes or other issues relating to the Service Provider Services.

    1. Feedback

      We invite you to provide LocalTop with feedback, comments and suggestions for improvements to the Site and Service Provider Services in general (collectively, “Feedback”).  You may submit Feedback by filing out the form on our website “contact us” section.

  1. Proprietary Rights and Ownership

    LocalTop and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, the process and functionality provided through the Site, and the trademarks, service marks and logos contained therein (“LocalTop Properties”).   LocalTop reserves all rights in the LocalTop Properties not expressly granted to you in this Agreement.  You hereby grant to LocalTop under all of your intellectual and other proprietary or personal rights a non-exclusive and unrestricted license, with right to sublicense, commercialize, disclose, copy, distribute, display, perform, modify, make, use, sell, and market your Feedback and User Comments.

  1. Indemnification

    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LOCALTOP, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, BREACH OF ANY AGREEMENT WITH A SERVICE PROVIDER, USE OF THE SITE OR SERVICE PROVIDER SERVICES, OR YOUR FEEDBACK AND USER COMMENTS OR LOCALTOP’S USE THEREOF  INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED.  IN EACH CASE, LOCALTOP WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

  1. Warranties and Disclaimer

    AS BETWEEN YOU AND LOCALTOP, THE SITE AND ANY SERVICE PROVIDER SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND.  LOCALTOP AND SUPPLIERS TO LOCALTOP EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICE PROVIDER SERVICES AND ALL COMMUNICATIONS BETWEEN SERVICE PROVIDERS AND YOU (INCLUDING BUT NOT LIMITED TO THOSE THROUGH THE SITE), INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  YOU HEREBY AGREE TO RELEASE LOCALTOP FROM ANY DAMAGES OR CLAIMS IN ANY WAY CONNECTED WITH SERVICE PROVIDER SERVICES.  IN ADDITION, LOCALTOP MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.  ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

          ALL USER COMMENTS, FEEDBACK, RATINGS AND REVIEWS OF A SERVICE PROVIDER OR SERVICE PROVIDER SERVICES REFLECT THE OPINIONS OF CONSUMERS, AND DO NOT REFLECT OR REPRESENT THE OPINIONS OR REPRESENTATIONS OF LOCALTOP.  LOCALTOP DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH USER COMMENTS, FEEDBACK, RATINGS AND REVIEWS.  LOCALTOP DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR ANY SUCH RATINGS OR REVIEWS OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING THEREFORM

  1. Limitation of Liability

    UNDER NO CIRCUMSTANCES WILL LOCALTOP OR  SUPPLIERS TO LOCALTOP BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR SERVICE PROVIDER SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR BELONGINGS OR PRODUCTS OR  DAMAGES AND LIABILITIES RESULTING FROM USE OR RECEIPT OF THE SERVICE PROVIDER SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH A SERVICE PROVIDER IN PERSON, WHETHER OR NOT LOCALTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOCALTOP AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND SERVICE PROVIDER SERVICES PROVIDED TO YOU WILL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS.LOCALTOP WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE AND THE PROVISION OF SERVICE PROVIDER SERVICES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Content on the Site

    LocalTop respects the intellectual and other proprietary and personal rights of others.  Please contact us through the form on our website “Contact Us” page if you feel that the use of any content provided through the Site is unauthorized or infringes or violates the rights of you or any third-party.  LocalTop will investigate such claim and remove the content at issue if it determines it infringes or violates third-party rights.

  1. Force Majeure

    LocalTop will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the LocalTop infrastructure or connectivity to the Internet or failure at a LocalTop co-location facility, (each a “Force Majeure Event”).  Upon the occurrence of a Force Majeure Event, LocalTop will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

  1. Links to other Websites

    The Site may provide links to websites other than LocalTop.  Such links are provided for reference only, and LocalTop neither controls such websites nor endorses any of the material on any such websites or any association with their operators.

  1. Miscellaneous

    In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.  The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.  You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of LocalTop and any prohibited assignment will be null and void.  LocalTop may assign this Agreement or any rights hereunder without your consent.  The relationship of the parties under this Agreement is that of independent contractors, and this Agreement will not be construed to imply that either party is the agent, employee, or joint venturer of the other.  This Agreement will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws.  Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.  You agree that this Agreement and the rules, restrictions and policies contained herein, and LocalTop’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and LocalTop.  This Agreement together with the rules and policies of LocalTop constitutes the entire agreement between LocalTop and you with respect to the subject matter hereof.

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