Ilovelocalcommericals.com

Terms & Conditions


We welcome you ("you", "your" "User") to the I Love Local Commercials website (the "Website"). The Website is an Internet property of Rhett & Link, Inc. and MicroBilt Corporation ("Rhett & Link" and “MicroBilt”, respectively, "we" or "us"). By using and/or accessing the Website, you are agreeing to comply with and be bound by the following Terms and Conditions (the "Agreement"). The Website is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access the Website. The Terms and Conditions are inclusive of any operating rules, policies and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published by us from time to time. Please review the following Terms and Conditions carefully. If you do not consent to the Terms and Conditions in their entirety, you are not authorized to use this Website in any manner or form.

We may amend these Terms and Conditions from time to time in our sole discretion, without specific notice to you. The latest Terms and Conditions will be posted on the Website, and you should review the Terms and Conditions pages prior to using the Website. By your continued use of the Website, you hereby agree to all the Terms and Conditions effective at that time. Therefore, you should regularly check the Website for updates and/or changes.

Visitors to the Website may browse the videos made available on the Website. Unless explicitly stated otherwise, any future features made available to you on the Website that augment or otherwise enhance the current features of the Website, shall be subject to the Terms and Conditions. You understand and agree that Rhett & Link and MicroBilt are not responsible or liable in any manner whatsoever for your inability to use the Website or any sponsored services or any associated functionality. You understand and agree that Rhett & Link and MicroBilt shall not be liable to you or any third party for any modification, suspension or discontinuation of Rhett & Link and MicroBilt services.

Nominations:

Participation in the nomination process constitutes acceptance of these Terms and Conditions. To nominate a business, you must complete and submit the online nomination form. You agree to provide true, accurate, current and complete information. All submitted information shall be governed by the Privacy Policy currently posted on the Website (as amended from time to time).

Nominations may be posted and publicly viewable. By submitting a nomination, your are granting Rhett & Link and MicroBilt and its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up rights: 1) to make, have made, use, copy, reproduce, modify, and create derivative works of the nomination, 2) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of the nomination (and derivative works thereof), 3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and 4) to publish your name or alias in connection with this contest and your nomination.

By providing a nomination, you grant Rhett & Link and MicroBilt and its affiliated companies the right, except where prohibited by law, to use your name for promotional purposes in promoting or publicizing the Contest and the nomination.

Rhett & Link and MicroBilt reserve the right and have full discretion to reject or not select any nomination or submission for any reason. Nothing in the nomination process or on this Website shall be construed to create or grant any rights to you or a nominated business.

License Grant:

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As a user of this Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated Website content in accordance with the Terms and Conditions. Rhett & Link and MicroBilt may terminate this Agreement and license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Website content or any portion thereof. Systematic retrieval of content or matter associated with the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Rhett & Link and MicroBilt is prohibited. Rhett & Link and MicroBilt reserves any rights not explicitly granted in the terms and conditions. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Rhett & Link and MicroBilt infrastructure.

Proprietary Rights:

Users that submit information or content ("Content") to the Website, warrant that they have all of the rights and authority necessary to submit the Content, including the right to publish the Content. The Content (other than that which is submitted to the Website by Users), organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website is strictly prohibited. You do not acquire ownership rights, other than those rights that you may already have, to any content, document, software, services or other materials viewed at or through the Website. The posting of information or material at the Website by Rhett & Link and MicroBilt does not constitute a waiver of any right in such information and materials.

Editing, Deletion & Modification:

We reserve the right in our sole discretion to reject any Content submitted to the Website. No inappropriate, indecent or obscene words or photographs may be submitted to the Website for display. Rhett & Link and MicroBilt reserves the right to prohibit any conduct by Users or to remove any information, photographs and/or materials submitted by Users to the Website that Rhett & Link and MicroBilt deems, in their sole and absolute discretion, to be in violation of the Terms and Conditions or which Rhett & Link and MicroBilt believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Rhett & Link and MicroBilt to harm, damage to reputation or liability.

Indemnification:

You agree to release, indemnify and hold Rhett & Link and MicroBilt, their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the terms and conditions; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Rhett & Link and MicroBilt, their parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on their own behalf.

Disclaimer of Warranties:

THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RHETT&LINK AND MICROBILT MAKE NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RHETT&LINK AND MICROBILT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RHETT&LINK AND MICROBILT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RHETT&LINK AND MICROBILT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE ANY RHETT&LINK AND MICROBILT PRODUCT AND/OR SERVICE THAT MAY BE OFFERED VIA THE WEBSITE; (B) ANY MATTER RELATING TO ANY PROMOTIONS THAT MAY BE AVAILABLE VIA THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR SUBMITTED INFORMAITON OR CONTENT; OR (E) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES THAT MAY BE MADE AVAILABLE ON THE WEBSITE AND/OR THE WEBSITE ITSELF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE RHETT&LINK AND MICROBILT, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF RHETT&LINK AND MICROBILT TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY RHETT&LINK AND MICROBILT PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE RHETT&LINK AND MICROBILT FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RHETT&LINK AND MICROBILT. THE WEBSITE AND/OR ANY PROMOTIONS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

Third-Party Websites:

The Website may provide, third parties may provide and/or refer you to, links to other Internet websites and/or resources. Because Rhett & Link and MicroBilt have no control over such third party websites and/or resources, you hereby acknowledge and agree that Rhett & Link and MicroBilt are not responsible for the availability of such third party websites and/or resources. Furthermore, Rhett & Link and MicroBilt does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from.

Legal Warning:

Any attempt by any individual, whether or not a User, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website, is a violation of criminal and civil law and Rhett & Link and MicroBilt will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

Miscellaneous:

The terms and conditions shall be treated as though it were executed and performed in New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to its conflict of law principles). You agree that any and all actions, proceedings and/or disputes between the parties, irrespective of place of execution or performance, shall be instituted and resolved in the State and federal courts located in New Jersey. Should any part of the Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Terms and Conditions are personal between you and Rhett & Link and MicroBilt and govern your use of the Website, superseding any and all prior and/or contemporaneous agreements between you and Rhett & Link and MicroBilt regarding the Website. To the extent that anything in or associated with the Website is in conflict or inconsistent with the Terms and Conditions, the Terms and Conditions shall take precedence. Our failure to enforce any provision of the terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the terms and conditions.