Go Local, LLC, d/b/a GoLocal Tennis, (hereinafter “Go Local,” “we” or “us”) provides an online service that provides users (“you”) with access to communication tools, forums and search services that connects tennis players with others seeking to set up tennis matches near you (collectively, the “Services”), which is accessible through www.golocaltennis.com (the “Website”).
Go Local may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or Services as described in this Website. Any modifications will take effect when posted to the Website as indicated at the top of this page the date that revisions were last made. Therefore, each time you access the Website, you need to review the Terms and Conditions as revised versions will be binding on you. By your continuing use of the Website and Services after changes are posted indicates your acceptance of the modifications. If the modified Terms of Service are not acceptable to you, your only recourse is to stop using the Website and Services.
All participation on the Website and access to and use of the Service is subject to the approval of Go Local and may be terminated or suspended at any time as set forth in this Terms and Conditions.
Eligibility. This Website is marketed for and directed towards use by adults who have the requisite power and authority to enter into these Terms and Conditions. Individuals under the age of 18 years old (“Minors”) are not permitted to use our Website and Services. You may not access or use the Website if we have previously banned you from the Website, Services or suspended or closed your account.
Registration. In order to access certain features of the Website and to create a tennis match, you must register and create a membership account (“Account”). As part of the registration process, you will create an Account and provide certain information about yourself in order to use some of the features of our Services. You must provide your name, email address, network, skill level, gender and a password. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and agree to: (a) provide Go Local with accurate, complete, and current Account information; (b) maintain and promptly update your Account information; (c) maintain the confidentiality of your Account password; and (d) remain responsible for all activities that occur in connection with your Account with or without your knowledge. You further agree to immediately notify Go Local of any known or suspected unauthorized use of your password or Account, or any other known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Failure to do so shall constitute a breach of this Terms and Conditions, which may result in suspension of Services and/or immediate termination of your Account.
Third Party Accounts. You can also register and link certain third party social networking sites and accounts (including, but not limited to Facebook) (“Third Party Account”). You may link your Go Local Account with Third Party Accounts by either (a) providing your Third Party Account login information to Go Local through the Website and/or Services; or (b) allowing Go Local to access your Third Party Account as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Go Local and/or grant Go Local access to your Third Party Account. We do not review any Third Party Account for any purpose, including but not limited to, for accuracy, legality or non-infringement and Go Local is not responsible for any Third Party Account or its content. Please note that your relationship with any Third Party Account is governed solely by your agreement with the provider of such Third Party Account and you acknowledge and agree that Go Local shall not be liable for any acts and/or omissions of the provider of such Third Party Account(s).
Permission to use the Website and Services. We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Website, subject to the restrictions set forth in this Terms and Conditions. Your use of the Website and Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate.
Use Outside of Defined Area. The Services are directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use our Services. Go Local makes no representation that the information, opinions, advice or other Content is appropriate or that its products and Services are available outside of the United States. Those who choose to access our Services from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Your Content. You understand that all information, text, images, photographs, audio, video, location data, software, sounds, email addresses, reviews, invitations, messages, communications or other materials (“Content”), whether publicly or privately transmitted by you, is your sole responsibility. Go Local does not control the Content you post via the Service and, as such, does not guarantee the accuracy, integrity or quality of Content or whether it is offensive, indecent or objectionable. Please remember that you alone are responsible for your Content and once published, it cannot always be withdrawn. You assume all risk for any Content, including anyone’s reliance on its quality, accuracy or reliability or any disclosure by you of information in your Content that makes you personally identifiable. You agree not to submit or transmit Content that:
(i) is defamatory, threatening, obscene or harassing, (ii) contains a virus, worm, ‘Trojan’ horse or any other harmful component, (iii) incorporates copyrighted or other proprietary material of any third party without such third party's permission, and/or (iv) otherwise violates any applicable laws.
Go Local shall not be subject to any obligations of confidentiality regarding any information or Content that you submit online except as expressly set forth in this Terms and Conditions, or as otherwise set forth in any additional terms and conditions relating to the Services, or as required by law. Go Local will not be liable in any way for your Content, including, but not limited to, for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein.
Go Local’s Right to Use Your Content. You hereby grant Go Local a worldwide, irrevocable, royalty free, perpetual, assignable, transferable and non-exclusive license and right to use your Content to: distribute, display, remove, analyze, modify, adapt, reformat, publicly display, create derivative works and distribute in connection with our Website and Service. This license exists only for as long as you elect to continue to include such Content with the Services and will terminate at the time you remove such Content. If you wish to keep any information, ideas, concepts or inventions private or proprietary, you must not submit them in any public areas or to Go Local. Not all of the forums provided by the Service are moderated or reviewed. Accordingly, you will be held directly and solely responsible for the Content that you post and any and all liability related thereto. You expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, defamatory, or violates any third party rights including any copyright, trademark, patent, trade secret, moral right, privacy right or any other intellectual property right. For avoidance of doubt, Go Local does not claim ownership of Content you submit.
Go Local’s Content and Ownership. “Go Local Content” means Content that we create and make available in connection with the Website and/or Service. Go Local owns all right, title and interest in the Website and Services, its intellectual property and any software, mechanism, platform, technology or tools used by Go Local to promote, market, sell or distribute the Services (collectively the “Go Local IP”). You shall not rent, lease, sublicense, distribute, transfer, copy, prepare derivative work of translate, reverse engineer, decompile, disassemble, reproduce, download, display, modify or timeshare the Go Local IP or any portion thereof, or use such Go Local IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. Except as expressly provided herein, Go Local does not grant you any express or implied rights, and all rights in and to the Website, Services, Go Local Content and Go Local IP are retained by Go Local.
As a condition of your use of the Website and/or Services, you warrant to Go Local that you will not use the Website and/or Services for any purpose that is unlawful or prohibited by the Terms of Service. You may not use the Website and/or Services in any manner that could damage, disable, overburden, or impair the Website and/or Services or interfere with any other party's use and enjoyment of the Website and/or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website and/or Services. You further agree not to, and will not assist others to use the Website and/or Services to:
(a) violate any intellectual property rights of third parties, including by not limited to copyright, patent and trademark laws; (b) obtain or attempt to obtain any data through any means from the Website and/or Services, except if we intend to provide or make it available to you; (c) copy or imitate part of all of the design, layout, or look-and-feel of the Website and/or Services or individual sections of it, in any form or media, which are protected by intellectual property rights; (d) harass, threaten, stalk, harm, promote bigotry or racism and discriminate against others; (e) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (f) attempt to probe, scan, or test the vulnerability of any Go Local system or network or breach any security or authentication measures; (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website and/or Services; (h) register for more than one Go Local Account or register for a Go Local Account on behalf of an individual other than yourself; (i) provide or solicit any telephone numbers, street addresses, last names or email addresses; (j) transmit, reproduce, or distribute for commercial use any information, software or other material made available through the Website and/or Services without the prior written consent of Go Local; (k) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or (l) violate the Terms and Conditions or any other applicable federal, state, international law, code of conduct or other guidelines which may be applicable to the Website and/or Services provided herein.
The Website and/or Services may provide, or third parties may provide, links to other websites or resources (“Linked Sites”) that may be of interest to you. Because Go Local has no control over such Linked Sites, you acknowledge and agree that Go Local is not responsible for the availability of such Linked Sites, and does not endorse and is not responsible or liable for any Content, advertising, opinions, advice, products, or other materials on or available from such Linked Sites. You further acknowledge and agree that Go Local shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any Linked Sites. Go Local disclaims all warranties express or implied, as to the accuracy, validity and legality or otherwise of any materials or information contained on such Linked Sites. This Terms of Service applies only to Go Local’s Website and the Services that Go Local offers. Go Local reserves the right to terminate any link or linking program at any time in its sole discretion.
You agree to defend, indemnify, and hold Go Local, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your use of the Website and/or Services, (ii) your violation of the Terms and Conditions; (iii) any products or services purchased or obtained by you in connection with using our Website and/or Services; and/or (iv) the infringement by you or any third party of any intellectual property or other rights of any person or entity.
You acknowledge and agree that by accessing or using the Website and/or Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept such risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEBSITE, SERVICES, AND ANY CONTENT, ARE PROVIDED BY GO LOCAL TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, ALL OF WHICH GO LOCAL EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, GO LOCAL AND ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; AND/OR (C) GO LOCAL WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES OR ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GO LOCAL THROUGH OR FROM USE OF THE USE OF THE WEBSITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SERVICES AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL GO LOCAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES AND/OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE AND/OR SERVICES, EVEN IF GO LOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GO LOCAL’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE AND/OR SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY YOU TO GO LOCAL IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERVICES, IF ANY, IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM GIVING RISE TO SUCH LIABILITY OR (II) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS AND EXCLUSIONS IN THIS ARTICLE 11 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
Go Local respects the intellectual property rights of others and has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe the Services or Content has infringed your intellectual property rights, please provide Go Local with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (iv) Information sufficient to permit Go Local to contact you, such as your physical address, telephone number, and, if available, an electronic mail address; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Go Local will respond to properly submitted notices only and may respond by removing or disabling access to the allegedly infringing Content and/or make a good faith attempt to contact the user who posted the Content at issue, so that such user may, where appropriate, make a counter-notification. In the event you submit a proper notice, please respond to both addresses below:
You are solely responsible for interactions with other users of the Website and/or Services. Go Local reserves the right, but has no obligation, to monitor disputes between users of our Website and/or Services.
If any one or more of the provisions of the Terms and Conditions are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms of Service will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision will be replaced by a valid, legal and enforceable provision that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision.
The Terms of Service shall be governed by, and construed in accordance with the laws of the State of Illinois, without regard to its choice of law principles. You agree that any action related to or arising from the Terms and Conditions shall be brought exclusively in the courts situated in the City of Chicago, Cook County, Illinois and you hereby submit to the venue of the courts situated therein.