Terms of Service

We offer you the web sites, applications, services and content on DSD Local Search on the condition that you agree to the following terms.

BY EITHER ACCESSING, USING OR REGISTERING FOR DSD LOCAL SEARCH, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS, which has the same effect as an Agreement in writing. You may not use DSD Local Search if you do not agree to these Terms of Service.

About these Terms

DSD Local Search is provided by DSD Local Search.  These Terms of Service and the terms of any offer for any specific services that you sign up to use or purchase from us collectively govern your use of DSD Local Search (the “Agreement” or “Terms of Service”). By becoming a user of DSD Local Search, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. In this Agreement, (a) the term “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term “Content” means any data, information, text, images, audio, video and all other forms of data and communications on DSD Local Search that is provided by us, our Contributors, affiliates and users; and (c) the term “Contributors” means our users, third party providers, licensors and businesses and proprietors that post their own business profiles on DSD Local Search.

You understand and agree that your subscription, purchase, or use certain products, services, and content offered through DSD Local Search, including products from Contributors, may be subject to supplemental terms. You will have an opportunity to review such terms and agree to be bound by them if you use such products and services. We may change any term to this Agreement at any time. All modifications will be posted on DSD Local Search properties and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any changes to this Agreement, you must discontinue your use of DSD Local Search. Your ongoing use of DSD Local Search after the changes take effect signifies your agreement to the new terms.

Changes to the Services 

We may change, update or discontinue any offering or feature on DSD Local Search at any time and without notice.

Eligibility

BY ACCESSING, USING, OR REGISTERING FOR DSD LOCAL SEARCH, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Your Information

Your use of DSD Local Search also is governed by our Privacy Policy located at URL which is incorporated into this Agreement by this reference. Each time you use DSD Local Search.com, you reaffirm your agreement and express consent to the terms of our Privacy Policy.

 Your Responsibilities

You are responsible for all activities under your profile, including all legal liability incurred from the use of your profile by you or others. You may not use DSD Local Search, in any way that (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including our company and our employees and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (5) is intended to mislead others, including without limitation, posting profiles and information about companies and business that are false or misleading; or (6) violates this Agreement, guidelines or any policy posted on DSD Local Search. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through DSD Local Search.

License and Permitted Uses 

We grant you a non-exclusive, non-transferable, limited license to access and use DSD Local Search and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold. Except as otherwise provided in any supplemental terms that may apply to certain Content, you may download and temporarily store insubstantial portions of Content that you purchase to one personal computer storage device under your exclusive control. You may use such Content only (1) to display internally such Content for your individual research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not use any robot, spider, other automatic device, or manual to access and copy our database. You may not store or use the Content to create an archival, searchable database of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties. Use of DSD Local Search or its Content as a means of generating revenue through the sale of Content or information to others is strictly prohibited and is a violation of this agreement.

If you are purchasing Content through DSD Local Search provided by Dun & Bradstreet, you agree to the terms of the Dun & Bradstreet Supplemental Terms and Conditions provided below. Except for the license granted in this Agreement, all rights, title and interest in DSD Local Search and the Content are and will continue to be the exclusive property of us and our Contributors.

Use of Content

THE CONTENT IS PROVIDED “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. The Content is intended for general information, general discussion, education, and entertainment purposes only. Do not construe that all of the Content is either endorsed or verified by us or our Contributors. DSD Local Search is not intended to provide personalized investment advice. Nothing contained on DSD Local Search may be provided or should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. We and our Contributors cannot and do not assume responsibility, and expressly disclaim all liability, for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users, and neither do we endorse opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on DSD Local Search that violates this Agreement, as determined by us in our sole discretion.

You acknowledge the we may investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such Content, conduct, or activity to law enforcement authorities. You agree that we may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors? legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of DSD Local Search or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.
Premium Business Listing Service – Description and Important Disclaimers

DSD Local Search Premium Business Listing Service is an optional fee-based service provided by DSD Local Search to move your company listing into a higher ranking in the DSD Local Search company browse and search results list for a 30-day (“Monthly”) or twelve month period. Each category and location combination enables the participant to feature one (1) company text links in category and location combinations. Your Premium Business Listing is billed at time of submission.

A credit card is required to set-up the Premium Business Listing for the Monthly or annual period or status purchaser of DSD Pro Web Subscription services.  All Premium Business Listings must conform to the DSD Local Search editorial guidelines, and must be relevant topically to the category and location. All Premium Business Listings are subject to final approval by the DSD Local Search editorial team, which in their sole discretion may reject a Premium Business Listing request for any reason.

DSD Local Search reserves the right to decide whether, where, and how a Premium Business Listing is listed.

DSD Local Search reserves the right to reject a Premium Business Listing submission.

All fees paid for the Premium Business Listing Service are NON-REFUNDABLE.

Premium Business Listing Service Participation
This Premium Business Listing Service shall be effective on the date you receive email confirmation that your Premium Business Listing was added to the Premium Business Listing Service and will continue for an initial term (“Initial Term”) of 30 days or one year from this date. The Initial Term shall be renewed automatically for the same length of term as the Initial Term (a 30-day or one year) each (“Renewal Term”) and the Monthly or annual fee will be billed to your credit card at the start of a Renewal Term. To terminate this service, you must cancel any time before the start of a Renewal Term. Upon cancellation, your Premium Business Listing will remain active until the end of your Initial Term or a Renewal Term, unless otherwise terminated by DSD Local Search. If you request that your Premium Business Listing be removed before the end of the Initial Term or a Renewal Term for which you have pre-paid the recurring Monthly or annual fee, you agree that DSD Local Search will not be required to refund any portion of such fee.

DSD Local Search Access Pro Service – Description and Important Disclaimers

DSD Local Search.com DSD Local Search Access Pro Service is an optional fee-based service provided by us to filter and display lists of new companies on a monthly basis. Access to the DSD Local Search Access Pro Service is billed at time of purchase. A credit card is required to set-up the DSD Local Search Access Pro Service for a monthly period.

DSD Local Search Access Pro Service Participation

All fees paid for the DSD Local Search Access Pro Service are NON-REFUNDABLE.

This service shall be effective on the date you purchase the DSD Local Search Access Pro Service and will continue for an initial term (“Initial Term”) of 30-days from this date. The Initial Term shall be renewed automatically for terms of 30-days each (“Renewal Term”) and the monthly fee will be billed to your credit card at the start of each Renewal Term. To terminate this service, you must cancel any time before the start of a Renewal Term. Upon cancellation, your DSD Local Search Access Pro Service will remain active until the end of your Initial Term or a Renewal Term, unless otherwise terminated by us. If you request that your DSD Local Search Access Pro Service be removed before the end of the Initial Term or a Renewal Term for which you have pre-paid the recurring monthly fee, you agree that we will not be required to refund any portion of such fee.

DSD Local Search Access Pro Service Permitted Use

See License and Permitted Uses Section of this DSD Local Search Terms of Service Agreement to review the permitted use of the Content provided in the DSD Local Search Access Pro Service.

We reserve the right to revoke the DSD Local Search Access Pro Service from any DSD Local Search user at any time.

Fees and Payment – Optional Services and Content 

You agree to pay the applicable fees and charges for purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from DSD Local Search are disclosed in these Terms of Services.

If you are making a Content purchase or obtaining an optional service from DSD Local Search, you must give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a service from DSD Local Search, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on DSD Local Search. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.

Access Costs

You must provide at your own expense the equipment and Internet connections that you will need to access and use DSD Local Search. Those costs are in addition to any purchases you make from DSD Local Search. If you are accessing a Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location.

Mobile and Wireless Services

We may offer from time-to-time mobile applications and services. If you access DSD Local Search through mobile and/or wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from DSD Local Search.com that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.

Refund Policy

Due to the type of the information and services being sold, we unfortunately cannot accept returns of articles, profiles, lists or reports once they have been delivered. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.

Please be sure to read all available information about a report before you place your order.

Billing Problems and Disputes

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

Disclaimer of Warranties 

We provide DSD Local Search “as is”, “with all faults” and “as available.” YOUR USE OF DSD LOCAL SEARCH IS AT YOUR OWN RISK. We and our Contributors make no express warranties or guarantees about DSD Local Search and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT DSD LOCAL SEARCH AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF DSD LOCAL SEARCH. WE DO NOT GUARANTEE THAT DSD LOCAL SEARCH WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE DSD LOCAL SEARCH AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

Limitation of Liability

WE, OUR PARENT, AND OUR CONTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF DSD LOCAL SEARCH. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON DSD LOCAL SEARCH., FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE DSD LOCAL SEARCH SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR DSD LOCAL SEARCH SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.

Termination

We may cancel or suspend your access to DSD Local Search at any time, without cause and/or without notice. Your right to use DSD Local Search will end once your service is terminated, and any data you have stored on DSD Local Search may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

Indemnification 

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of DSD Local Search. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Electronic Contracting and Notices

You agree to transact with us electronically. You agree that these Terms of Service have the same effect as an agreement signed in writing. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding DSD Local Search (collectively, “Notices”) or anything related to your use of DSD Local Search. We can send you electronic Notices (1) to the e-mail address that you provided to us during registration; (2) via text message if you elected to receive any mobile alerts, (3) by posting the Notice on DSD Local Search’s web page, mobile pages or applications. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.

You can review these terms at http://www.DSD Local Search.com/coms2/page_terms_conditions_view. Our terms and other Notices are designed for access on most current Internet Web browsers and on the mobile devices in which we offer mobile applications and services.

Entire Agreement 

This Agreement and any supplemental terms, policies, rules and guidelines posted on DSD Local Search constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of Ohio govern this contract and any claim or dispute that you may have against us, without regard to Ohio’s conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Franklin County, Ohio.

Assignment 

We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

Procedure for Making Claims of Copyright Infringement 

We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.

2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.

4. identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.

5. your name, address, telephone number, and email address.

6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on this site can be reached as follows:

By email: info@dsdinteractive.com