ReachCast Terms & Conditions

ReachCast™

Addendum to

ReachLocal, Inc. Advertising Services Terms & Conditions

Last Modified: November 14, 2011

 

IMPORTANT: THESE SPECIAL TERMS PERTAINING TO REACHCAST™ (THE "REACHCAST TERMS") ARE REFERRED TO IN THE REACHLOCAL, INC. ("REACHLOCAL") ADVERTISING SERVICES TERMS  AND CONDITIONS AS SAME MAY BE AMENDED, MODIFIED OR RESTATED FROM TIME TO TIME (THE "ADVERTISING TERMS") AND HEREBY INCORPORATED THEREIN. PLEASE READ THESE REACHCAST TERMS CAREFULLY. 

 

ADVERTISER'S EXECUTION OF AN INSERTION ORDER ("IO") FOR ADVERTISING SERVICES CONSTITUTES ADVERTISER'S AGREEMENT TO BE BOUND BY THESE REACHCAST TERMS. 

 

IN THE EVENT OF A CONFLICT BETWEEN THE REACHCAST TERMS AND THE ADVERTISING TERMS AND THE IO, THE REACHCAST TERMS SHALL CONTROL.

 

REACHLOCAL RESERVES THE RIGHT TO MAKE CHANGES TO THESE REACHCAST TERMS AT ANY TIME. REACHLOCAL SHALL PROVIDE NOTIFICATION OF CHANGES IN THESE TERMS BY UPDATING THE LAST MODIFIED DATE SET FORTH ABOVE. ALL SUCH CHANGES SHALL BE BINDING UPON YOU ONCE POSTED.

 

1.      Definitions.  All defined terms not defined herein shall have the meaning ascribed to such terms in the Advertising Terms.

 

2.      Eligibility Requirements for Use of ReachCast Services.  Advertiser and anyone who accesses or uses the ReachCast Services on Advertiser's behalf must be at least 18 years old and have legal authority to agree to these ReachCast Terms on behalf of the Advertiser or the business associated with the account. The ReachCast Services may only be used to engage in and promote legitimate and legal businesses and activities.  Advertiser may not use or permit them to be used to engage in or promote any unlawful, offensive, or inappropriate business or activity.

 

3.      Additional Terms.  Some of the ReachCast Services may have additional terms and conditions as same may be amended, modified and/or restated from time to time ("Additional Terms").  Where Additional Terms apply to a ReachCast Service, ReachLocal will make them available for Advertiser to read through Advertiser use of that ReachCast Service.  By using those Services, Advertiser agrees to be bound by the Additional Terms. 

 

4.      Use of the ReachCast Services.  In order to use the ReachCast Services, Advertiser is required to create a ReachCast account.  Advertiser is responsible for its use of the ReachCast Services, and for any use of the ReachCast Services made using Advertiser's account.  Advertiser agrees to provide true, accurate, current, and complete information about Advertiser and its business as required during the sign-up process ("Registration Information"). Advertiser will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete at all times.  If Advertiser provides any information that is untrue, inaccurate, outdated, or incomplete, or if ReachLocal has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, ReachLocal may suspend or terminate Advertiser's account and refuse any and all current or future use of the ReachCast Service. ReachLocal makes no representations or warranties regarding the availability or the technical performance of the ReachCast Services.

 

5.      Creation of Advertiser Cast page.  Advertiser authorizes ReachLocal to create and host a Web site using the ReachCast Services ("Advertiser Cast Page").  Unless Advertiser purchases ReachLocal's Custom Domain Service, ReachLocal will host Advertiser's Cast Page on a domain or subdomain provided by ReachLocal.  If Advertiser purchases ReachLocal's Custom Domain services, Advertiser will be responsible for the payment of all applicable fees.  If ReachLocal hosts Advertiser's Cast Page under a domain provided by Advertiser, Advertiser will be solely responsible for maintaining such domain name and paying all applicable registration and maintenance fees.  If ReachLocal hosts Advertiser's Cast Page under a domain provided by Advertiser, Advertiser represents and warrants that Advertiser owns all rights to such domain name or, alternatively, that Advertiser has the right to use the domain name in connection with Advertiser's Cast Page. 

 

ReachLocal will use commercially reasonable efforts to make Advertiser's Cast Page available to the public; however, ReachLocal reserves the right to take down Advertiser's Cast Page in ReachLocal's discretion, including for example:

 

•       to maintain and upgrade ReachLocal's servers and networks;

•       if ReachLocal believes that Advertiser or anyone using Advertiser's account has violated these ReachCast Terms or otherwise engaged in any activity that could result in harm or legal liability to ReachLocal or to any third party; or

•       if Advertiser fails to pay ReachLocal any applicable fees. 

 

6.      Web Presence Management Services.

(a)    Authorization.  As a purchaser of the Web Presence Management Services (the "Management Services"), Advertiser will be authorizing ReachLocal to (a) establish, enhance and assume control of relationships on Advertiser's behalf with third-party Web sites and services, such as search sites, directories, social networks, and messaging services, such as Facebook, Twitter, and others ("Third-Party Sites") and (b) submit and manage Advertiser's Content on or through Third-Party Sites. 

 

Such actions may include, for example, registering Advertiser or Advertiser's business with such Third-Party Sites using information Advertiser provide to ReachLocal (including Advertiser's Registration Information), generating a proxy e-mail address that links to the e-mail address Advertiser provides to ReachLocal upon registration and dynamically generating and storing passwords for such Third-Party Sites so that ReachLocal may administer and update Advertiser's presence and post and manage Advertiser's Content on such Third-Party Sites.  In addition, ReachLocal will be authorized to use the functionality of such Third-Party Sites on Advertiser's behalf, in any manner ReachLocal see fit, for the purposes of performing the Services that Advertiser elect to receive.  For instance, if Advertiser's Cast Page is linked to Twitter, ReachLocal will be authorized to decide who can "follow" Advertiser and who Advertiser's account will "follow."  Similarly, if Advertiser has, for instance, a Yelp listing, ReachLocal will be authorized to access and manage that listing (so that ReachLocal may validate, and enhance the listing and monitor it) or if Advertiser does not have a Yelp listing, ReachLocal will be authorized create one for Advertiser.  Advertiser agrees to provide all such assistance and information necessary to enable ReachLocal to do the foregoing and understands that Advertiser's failure to do so will impact ReachLocal's ability to fully provide such Services.

 

(b)    Other Acknowledgments.  In connection with the foregoing, Advertiser agrees as follows:

 

•       By authorizing ReachLocal to establish relationships on Advertiser's behalf with Third-Party Sites, Advertiser agrees to be bound by the terms and conditions applicable to such Third-Party Sites.  Any activity that Advertiser engages in on such Third-Party Sites or that ReachLocal engages in on Advertiser's behalf, together with any information that Advertiser submits or that ReachLocal submits on Advertiser's behalf to such Third-Party Sites will be subject to the terms and conditions, including the privacy policies, governing such Third-Party Sites.  It is Advertiser's responsibility to read and comply with the terms and conditions of Third-Party Sites.  Advertiser will also only link to accounts that are Advertiser's.  ReachLocal assumes no responsibility for complying with such terms and conditions; nor will ReachLocal be responsible or liable to Advertiser for any actions taken by such Third-Party Sites, whether or not such actions are taken by them in accordance with their applicable terms and conditions.

•       Because of the interconnected nature of Third-Party Sites with other Web sites and services, Advertiser's Content posted to Third-Party Sites may be difficult to remove.  For example, Advertiser's Content that is removed from a Third-Party Site may persist on other Web sites (including end-user Web pages) or may be cached in search engine indexes.  Accordingly, although ReachLocal will use commercially reasonable efforts to remove Advertiser's Content from Third-Party Sites when directed by Advertiser to do so through the ReachCast Services, ReachLocal cannot guarantee that Advertiser's Content will be completely removed from the Third-Party Sites or other Web sites or services.

 

(c)    Third-Party Sites.  The Third-Party Sites that ReachLocal supports may change over time and ReachLocal may decide to no longer support a Third-Party Site or ReachLocal may add Third-Party Sites, both in ReachLocal's sole discretion. In the event that ReachLocal determines to no longer support a Third-Party Site, ReachLocal will use commercially reasonable efforts to notify Advertiser of such determination and, with respect to such Third-Party Site, will provide Advertiser with transition assistance as described in Section 16 below.

 

    The Management Services.  The Management Services shall initially include the following: 

 

•       Search Engine Optimization Services.  In order to provide the Search Engine Optimization Services, Advertiser agrees to permit ReachLocal to publish or cause to be published on the Web content related to Advertiser's business and industry.

•       Content Creation Services.  In connection with the Content Creation Services, ReachLocal will create and disseminate marketing/promotional content for Advertiser's business (the "RL Generated Content").  Provided that the RL Generated Content complies with the Content Guidelines, ReachLocal will be permitted to disseminate the RL Generated Content without Advertiser's further approval. 

•       Reputation Management Services.  In order to provide the Reputation Management Services, Advertiser hereby gives ReachLocal the right to monitor the Internet for mentions of Advertiser.  However, Advertiser acknowledges and agrees that ReachLocal cannot and does not guarantee the accuracy or completeness of ReachLocal's monitoring services.  In addition, Advertiser acknowledges and agrees that ReachLocal may, for technical reasons, decide to reduce the volume of information provided to Advertiser through the monitoring services. 

•       eCommerce Services.  If Advertiser chooses to utilize ReachLocal's ecommerce services, Advertiser agrees to conduct such commerce in compliance with all applicable laws.  Without limiting the generality of the foregoing, Advertiser agrees to fully and clearly disclose to Advertiser's consumers all amounts that they are being charged and what the refund and return policy is for Advertiser's products and services.  Advertiser acknowledges and understands that the payment processing functionality is being provided and hosted by a third-party and ReachCast does not guarantee that such functionality will be available at all times, without interruption.  Advertiser agrees that Advertiser's sole recourse for any problems associated with the ecommerce services shall be against the third-party provider of such services.  Advertiser further understands and acknowledges that ReachLocal is, at no time, collecting any credit card information in connection with purchases by Advertiser's consumers and is not responsible for ensuring the successful completion of any ecommerce transaction.  Advertiser further represents and warrants that any information Advertiser collects in connection with such ecommerce will be stored, maintained and utilized in accordance with applicable law. 

 

Advertiser understands and acknowledges that ReachLocal reserves the right to modify the Management Services, in its reasonable discretion. 

 

7.      Advertiser's Conduct.  ReachLocal's goal is to create a positive and safe community experience.  Accordingly, Advertiser may not use the ReachCast Services or ReachLocal Provided Content to:

 

•       violate any law or regulation;

•       violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;

•       promote, post, or transmit anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

•       as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;

•       sell or redistribute the Provided Content;

•       use or display any ReachLocal Provided Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (b) except where accompanied by a statement that indicates that the ReachLocal Provided Content is being used for illustrative purposes only and any person depicted in the ReachLocal Provided Content is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the ReachLocal Provided Content, unless the ReachLocal Provided Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the ReachLocal Provided Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the ReachLocal Provided Content itself;

•       send unsolicited or unauthorized advertising or commercial communications, such as spam;

•       sell, license or otherwise disseminate consumer information, collected through use of the ReachCast Offering, to third parties for the purposes of third-party marketing;

•       transmit any malicious or unsolicited software;

•       upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

•       stalk, harass, or harm another individual or business;

•       impersonate any person or entity, or misrepresent Advertiser's affiliation with a person or entity;

•       forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the ReachCast Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); 

•       use any means to "harvest," "scrape," "crawl," "reverse engineer" or "spider" any Web pages or content contained in the ReachCast Services (although ReachCast does allow operators of public search engines to use spiders to index some materials from the Site for the sole purpose of creating publicly available searchable indices of the materials,  and ReachCast reserves the right to revoke these exceptions either generally or in specific cases);

•       use automated methods to use the ReachCast Services in a manner that sends more requests to the ReachCast servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;

•       provide any false or misleading information via the ReachCast Services, or create an account for anyone other than Itself;

•       make any offers via ReachCast Services which Advertiser cannot or will not honor per the terms of such offer; or

•       interfere with or disrupt the ReachCast Services.

 

In addition, Advertiser agrees not to use the ReachCast Services in connection with any business that:

 

•       is primarily in the business of collecting, and then selling, licensing or otherwise disseminating consumer information for the purposes of third-party marketing; or

•       promotes or involves pornography or explicit sexual images or merchandise.

 

8.       Advertiser's Content. As between Advertiser and ReachCast, Advertiser owns all of the content, including any text, images, logos, trademarks, service marks, promotional materials, product or service information, comments, reviews, photos, audio and video clips and other information, that Advertiser posts or shares using the ReachCast Services, including any content from Advertiser's existing web site (referred to as "Advertiser's Content").  Advertiser grants to ReachLocal and its affiliates a perpetual, irrevocable, license to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit Advertiser's Content in connection with the ReachCast Services.  ReachLocal may use Advertiser's Content to advertise and promote ReachCast, the ReachCast Services and list and otherwise refer to Advertiser and Advertiser's business as users of the ReachCast Services.  ReachLocal's license to Advertiser's Content is non-exclusive, meaning Advertiser may use Advertiser's Content for Advertiser's own purposes or let others use Advertiser's Content for their purposes.  ReachLocal's license to Advertiser's Content is fully-paid and royalty free meaning ReachLocal does not owe Advertiser or any third party anything else in connection with ReachLocal's use of Advertiser's Content.  ReachLocal may exercise its rights anywhere in the world. 

 

Advertiser represents and warrants that:

•       Advertiser owns all rights to Advertiser's Content or, alternatively, that Advertiser has the unrestricted right to give ReachLocal the rights described above, including the right to distribute Advertiser's Content on or through Third-Party Sites (as described herein); 

•       Advertiser has paid and will pay in full any fees or other payments that may be related to the use of Advertiser's Content; and

•       Advertiser's Content does not infringe the intellectual property rights, privacy rights, publicity rights, moral rights or other legal rights of any third party.

 

ReachLocal may refuse to accept or transmit Advertiser's Content.  ReachLocal may, but is not obligated to, remove Advertiser's Content from the ReachCast Services for any reason.

 

Advertiser acknowledges and agrees that Advertiser is solely responsible for inserting any content on Advertiser's Cast Page that Advertiser may be legally obligated to include in Advertiser's Cast Page.  For instance, if Advertiser is a lawyer and Advertiser's provincial bar rules require Advertiser to include certain disclaimers on Web sites for lawyers, it is Advertiser's responsibility to insert such disclaimers.

 

9.      ReachLocal Provided Content.  From time to time, ReachLocal may make available to Advertiser content including but not limited to photographs and illustrations "ReachLocal Provided Content")  ReachLocal grants the Advertiser a nonexclusive license to use, publicly display, and, to the extent necessary, edit, resize and reformat the ReachLocal Provided Content, to select, edit and use ReachLocal Provided Content in conjunction with the ReachCast Services and the following manner:

•  advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);

•  entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations; and

•  prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes, but not for resale, license or other distribution;

subject to the terms of Section 7 of these ReachCast Terms. 

 

ReachLocal will promptly notify Advertiser if the use of any ReachLocal Provided Content infringes or could infringe the intellectual property rights of ReachLocal or of any third party.  Advertiser agrees to remove promptly and refrain from any future use any such ReachLocal Provided Content from any user that ReachLocak identifies as infringing or potentially infringing.

 

10.   Content Guidelines.  If ReachLocal creates content for Advertiser, such content will be created consistent with the Content Guidelines.  Please review  such guidelines carefully.  Please note that ReachLocal may, from time to time, change the Content Guidelines, so Advertiser should periodically review the then current version Content Guidelines.  ReachLocal disclaims all liability for any content ReachLocal creates on Advertiser's behalf.  If ReachLocal creates content that materially departs from the Content Guidelines, ReachLocal will provide Advertiser with notification before it goes live and Advertiser may accept, reject, or modify such content, in Advertiser's discretion.

 

11.   Copyright and Intellectual Property.  ReachLocal respects the intellectual property rights of others.  ReachLocal administers Cast pages in compliance with the Digital Millennium Copyright Act, as more fully described in the Cast Page Use Terms.  ReachLocal may remove Advertiser's Content or other applicable content available on Cast pages including content that has been disseminated through the Web Presence Services for any reason, including, without limitation, upon proper notice that such content violates copyright or other intellectual property rights.

 

12.   Advertiser's Interactions with Others.  ReachLocal is not responsible or liable for any damage or loss related to Advertiser's interactions with end-users, end-user's interactions with Advertiser or interactions between end-users that may occur on Advertiser's Cast Page or in connection with Advertiser's presence on any Third-Party Site.  ReachLocal is not a party to any transaction between Advertiser and any third-party and ReachLocal has no obligation to monitor or enforce any such transactions.  Advertiser is responsible for complying with all applicable laws, rules, and regulations.  For example, Advertiser is responsible for complying with all applicable laws, rules, and regulations that may apply to Advertiser's communications with end-users and other people such as the CAN-SPAM Act of 2003.  Advertiser is responsible for complying with all applicable privacy laws, rules, and regulations with respect to any information Advertiser obtains from others whether directly in the operation of Advertiser's business, Advertiser's Cast Page, or through the ReachCast Services.  Advertiser is also responsible for complying with all laws, rules, and regulations that may be applicable to any sweepstakes, contests, or promotions that Advertiser makes available or publicize through Advertiser's Cast Page or the ReachCast Services.

 

13.   Ownership; Restrictions.  Other than Advertiser's Content, ReachLocal owns or licenses the content on the ReachCast Services, including all software, text, and visual and audio content (collectively, "ReachLocal's Content") and ReachCast's trademarks, logos, and brand elements ("ReachLocal's Marks").  ReachLocal's Content and ReachLocal's Marks are protected under U.S. and international laws.  Advertiser will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in ReachLocal's Content.  Advertiser agrees not to modify ReachLocal's Content in any manner or form, or to use modified versions of ReachLocal's Content, including, without limitation, for the purpose of obtaining unauthorized access to the ReachCast Services. Advertiser agrees not to access the ReachCast Services by any means other than through the interface that is provided by ReachLocal for use in accessing the ReachCast Services.

 

14.   Privacy.  ReachLocal respects Advertiser's privacy.  ReachLocal's Privacy Policy explains how ReachLocal collects, uses, and discloses information about Advertiser and is incorporated by this reference into these ReachCast Terms.  Advertiser acknowledges and agrees that a link to this Privacy Policy will be placed in the footer of each page of Advertiser's Cast Page. Therefore, Advertiser understands and agrees that Advertiser's privacy practices with respect to information provided by visitors to Advertiser's Cast Page must comply with the terms of such Privacy Policy.

 

15.   Links.  The ReachCast Services may contain links to other Web sites, or allow others to send Advertiser such links.  A link to a third party's Web site does not mean that ReachLocal endorses it or that ReachLocal is affiliated with it.  ReachLocal is not responsible or liable for any damage or loss related to the use of any third-party Web site.  Advertiser should always read the terms and conditions and privacy policy of a third-party Web site before using it.

 

16.   Changes to the ReachCast Services.  ReachLocal often enhances and updates the ReachCast Services.  ReachLocal may change or discontinue the ReachCast Services at any time, for any reason, with or without notice to Advertiser.  ReachLocal also reserves the right, in the future, to charge for ReachCast Services that are currently offered at no charge or to adjust the charges for ReachCast Services that are currently offered for a fee.

 

17.   Termination; Transition Assistance. 

 

(a)    Effect of Termination of Management Services.  If Advertiser is no longer a purchaser of the Management Services, ReachLocal may, in its sole discretion, permit Advertiser to maintain its Cast page.  If ReachLocal so permits Advertiser, in order to provide Advertiser with the full functionality of its Cast page and to enable Advertiser to manage its connections on its own, Advertiser shall continue to authorize ReachLocal to (a) control the Advertiser's relationships with the Third-Party Sites so that Advertiser can continue to use the Cast page to communicate with such Third-Party Sites and (b) submit and manage Advertiser's Content on or through Third-Party Sites, which Advertiser elects to disseminate.  ReachLocal may terminate, at any time for any reason, Advertiser's use of its Cast page once Advertiser is no longer paying for the Management Services.  All of these ReachCast Terms (other than those specifically related to the Management Services) will remain in full force and effect.   

 

(b)    ReachLocal's Termination Right.  ReachLocal reserves the right to cease providing the ReachCast Services to any Advertiser at any time.  ReachLocal may also terminate Advertiser's account and Advertiser's use of the ReachCast Services (and, therefore, access to the Advertiser's Cast Page) at any time, for any reason, including, for, among other reasons, serious or numerous complaints from others.  If Advertiser violates any of these ReachCast Terms, Advertiser's permission to use the ReachCast Services automatically terminates and ReachLocal shall have the right, but not the obligation, to delete all of Advertiser's Content.  Under no circumstances will ReachCast have any obligation to refund any amounts paid by Advertiser for any of the Services.

(c)    Advertiser's Termination Right.  Advertiser may terminate its account and Advertiser's use of the ReachCast Services at any time, provided, however, Advertiser shall remain obligated to pay all amounts that Advertiser continues to owe on any IO then in effect. 

    Transition Assistance.  Except in the event that Advertiser's account is terminated because of Advertiser's violation of these ReachCast Terms, upon termination of Advertiser's account and for a period of 30 days thereafter (the "Transition Period"), ReachLocal will use commercially reasonable efforts to provide certain assistance to Advertiser, including:

•       transferring ownership of any domain that ReachLocal may have obtained on Advertiser's behalf;

•       working with Advertiser to enable Advertiser to have continued access to Advertiser's presence on Third-Party Sites (for example, by providing Advertiser with instruction on how to transfer the accounts; provided, ReachLocal will not be providing or transferring to Advertiser the proxy e-mail addresses or passwords);

•       providing information on how to save copies of and locally storing Advertiser's Content; and

•       providing such other assistance as ReachLocal may choose to provide in ReachLocal's sole discretion.

After the Transition Period, ReachLocal will have no further obligation to provide assistance to Advertiser and ReachLocal shall have the right, but not the obligation, to delete all of Advertiser's Content on Advertiser's Cast Page.  However, Advertiser acknowledges and agrees that ReachLocal is under no obligation to remove any content that has been disseminated to Third-Party Sites. 

 

17.   Disclaimer.  IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE ADVERTISING TERMS, REACHLOCAL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO ADVERTISER BY OR ON BEHALF OF REACHLOCAL (INCLUDING ANY REPORTING, ANALYTICS AND SIMILAR INFORMATION) OR ANY CONTENT AVAILABLE ON OR THROUGH THE REACHCAST OFFERINGS (INCLUDING ANY CONTENT SUBMITTED BY AN END-USER), OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE REACHCAST OFFERINGS. 

 

ADVERTISER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REACHCAST OFFERINGS IS DONE AT ADVERTISER'S OWN RISK AND THAT ADVERTISER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. 

 

REACHLOCAL'S AGGREGATE LIABILITY TO ADVERTISER ARISING FROM OR RELATING TO ADVERTISER'S USE OF THE REACHCAST OFFERINGS WILL NOT EXCEED THE GREATER OF $100.00 OR THE AMOUNT ADVERTISER HAS PAID REACHLOCAL IN THE PAST TWELVE (12) MONTHS.

 

18.   Indemnification.  In addition to the indemnification obligations set forth in the Advertiser Terms, Advertiser agrees to indemnify, defend, and hold harmless ReachLocal and its third party affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and expenses), arising from or relating to: (i) any information (including Advertiser's Content, the RL Generated Content, feedback, or any other content) Advertiser or anyone using Advertiser's account submit, post, or transmit through the ReachCast Services; and (ii) violation of the terms and conditions of any Third-Party Site by Advertiser or anyone using Advertiser's account.