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Terms and Conditions

Last updated: January 13, 2024

These Terms are a legally binding agreement between you and Local Presence Now LLC and its affiliates and providers ("Company", "our", "we", or "us") that govern your access and use of Local Presence Now's services ("LPN"), Local Presence Now's business optimization Platform ("Local Presence Now Platform"), for an initial period of 12-months. The Local Presence Now website available at LocalPresenceNow.com ("Website") and any other software, features, products, content, and services that we may provide to you at any time (collectively, "Services")

By entering into these Terms, and/or by accessing or using the Services, you consent to our access, collection, use, and disclosure of your personal information as set forth in our Privacy Policy ("Privacy Policy") which is incorporated herein by reference.

If you do not agree to be bound by the provisions of these Terms or if you do not have the legal authority to accept them on behalf of the entity you represent, you may not use or access the Services.

Eligibility

The Services are intended for use by individuals who are of the legal age required to form legally binding contracts under applicable law and in no event under the age of 18. These Terms are void where prohibited by law and the right to access and use the Services is not granted in such jurisdictions. By using the Services, you represent and warrant that you are 18 years of age or older. If you are not 18 years of age or older, you must not access or use any of the Services. In no circumstances are the Services available to any person or entity who have had their User Account temporarily or permanently deactivated, or any person or entity that seeks to use the Services in violation of these Terms.

User Categories

These Terms apply to all users of the Services, as follows (each of which shall be referred to as "user" or "you"):

"Customer": any individual or entity that uses "LPN", purchases a license to use the Local Presence Now Platform (whether directly or indirectly via a Partner or a Reseller), or access or use any other Services.

"End User": any individual that accesses and uses the Website or uses one of the products offered on a Customer Website (as defined below).

Services

1. Local Presence Now is an interactive voice search optimization platform for digital presence across voice-enabled platforms.

2. Such services include optimization for: Google Voice, Bixby, Cortana, Siri, and Alexa.

3. We may not be able to complete all or parts of this Service if you have an existing listings management service with any third parties that we rely on to provide this Service.

4. Some parts of this Service require you to authorize us to access/manage your accounts, including your Google account. If you do not provide such authorization, we will not be able to complete this Service with respect to your Google page, or with respect to other third-party sites requiring you to provide similar authorization.

Acceptable Use

You and Your Personnel (or anyone on your behalf) will not:

  1. Impersonate another person or entity, defame, abuse, harass, threaten, or otherwise violate the legal rights of others, including privacy and intellectual property rights;
  2. Remove, disable, circumvent, or otherwise create or implement any workaround to any intellectual property rights, rights management, or security features in or protecting the Services or any part thereof;
  3. Make the Local Presence Now Platform available on a network where they may be accessed by any third party;
  4. Use the Services on or in connection with any website which is or promotes obscene, excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, libelous, gambling-related, or discriminatory, offensive, misleading or deceptive;
  5. Change, edit, add to, copy or extract any content from or produce summaries of the Services or any part thereof other than as expressly provided herein;
  6. Attempt to interfere with or disrupt the Services, or attempt to gain access to any systems or networks that connect thereto;
  7. Use the Services in any unlawful manner, for any unlawful purpose, or in any manner contrary to or inconsistent with these Terms or applicable law;

Intellectual Property Rights

The Services, the technology and software underlying the Services or distributed in connection therewith ("Software") and any Company content, information, graphics files, media and audio files, materials, including designs and graphics (collectively, "Content") including the Company databases, systems and applications, and all upgrades, updates, corrections, and enhancements thereto and all copyrights and other intellectual property rights related thereto (collectively, "Company IP") are the property of Company, its affiliates and its licensors, and Company, its affiliates, and licensors retain all right, title, and interest in and to the Company IP.

Fees and Payment

  1. The Fees will be as quoted in the Service Pricing from time to time.
  2. The Service Pricing will explain whether the Fees are one-time Fees, recurring Fees (for example, 1-time payment, Annual, Month-to-Month, etc.), or transaction-based service Fees.
  3. The Fees for a Service exclude all applicable sales taxes and other taxes which will be added to the Fees.
  4. Fees are non-refundable once your business is submitted, synchronized, and deemed eligible by the Digital platform(s).

Payment Terms

When you submit your Order, you must provide us with the payment information that we request, which may include:

  1. Details for a valid credit card from a card issuer acceptable to us; or
  2. Details for a valid bank account.

You must keep your credit card or bank account information up to date at all times during the term of the Agreement. You authorize us to check your information (including any updated information), to obtain credit authorizations from the issuer of your credit card, and to either charge your credit card or debit your bank account from time to time for any sums payable by you to us.

Term and Termination

These Terms shall be in force and effect unless terminated in accordance herewith. The Agreement will begin on the date that we send the Confirmation of Order ("Effective Date"). Your Services will continue on an annual basis until cancelled by us or you.

Disclaimer of Warranties

YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS, SUCCESSOR AND ASSIGNS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES.

Governing Law

These Terms will be governed by the laws of the State of Florida, the United States without regard to its conflict of law provisions. Any action or proceeding arising from or relating to these Terms may only be brought in the courts located in Palm Beach, Florida and each party irrevocably submits to such exclusive jurisdiction and venue.

Contact Information

For questions about these Terms and Conditions, please contact us at:

Email: info@localpresencenow.com

Phone: (954) 710-9330

Address: 3500 Gateway Drive #101, Pompano, Florida 33069