LocalVision's Term of Use

Welcome to the LocalVision, Inc. Web site (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

1. Use of Web Site Information

You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of LocalVision, Inc.

2. Use of Software

Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and LocalVision, Inc. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

3. Use of Forums and Public Communication

"Forum" means a discussion group, chat area, bulletin board, news group, letter to LocalVision, Inc., its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.

Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by LocalVision, Inc., you agree not to collect or store personal data about other users. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to LocalVision, Inc., you automatically grant (or warrant that the owner of such rights has expressly granted) LocalVision, Inc. a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

4. Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify LocalVision, Inc. immediately of any unauthorized use of your password(s). LocalVision, Inc. is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

5. Termination of Use

You agree that LocalVision, Inc. may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by LocalVision, Inc.

6. Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that LocalVision, Inc. is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that LocalVision, Inc. is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that LocalVision, Inc. is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that LocalVision, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

7. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOCALVISION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOCALVISION, INC. MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. LOCALVISION, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. LOCALVISION, INC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

8. Limitation of Liability

IN NO EVENT SHALL LOCALVISION, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity

You agree to defend, indemnify and hold harmless LocalVision, Inc., its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

10. Privacy Policy

LocalVision, Inc. is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy on www.LocalVision.net.

11. Note about Children

Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

12. Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of LocalVision, Inc. in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of LocalVision, Inc. outside the U.S. Neither the services of LocalVision, Inc. nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Florida. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Ft. Lauderdale or Broward County, Florida. You and LocalVision, Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

14. Copyright/Trademark Information

Copyright © 2007, LocalVision, Inc. All rights reserved. LocalVision, Inc. is a registered trademark of LocalVision, Inc. Other names appearing on the Site may be trademarks of their respective owners.

15. Contact Information

If you have any questions regarding these Terms of Use, please contact LocalVision, Inc. at info@LocalVision.net. If you have any other questions regarding the Site, please contact LocalVision, Inc.

Third Party Usage Guidelines for LocalVision, Inc. Trademarks

LocalVision, Inc.'s trademarks and service marks ("LocalVision, Inc. trademarks") are valuable assets that LocalVision, Inc. needs to protect. We ask that you help us by properly using and crediting LocalVision, Inc. trademarks in accordance with these guidelines. For information about proper use of LocalVision, Inc. logos, logotypes, signatures, and design marks, please contact us.

Permissible Use

You may generally use LocalVision, Inc. trademarks to refer to the associated LocalVision, Inc. products or services. For instance, an authorized reseller can note in its advertisements that it is selling LocalVision, Inc. products. Similarly, a LocalVision, Inc. customer may issue a press release stating that it has implemented LocalVision, Inc. software.

Relationship of Products or Services. You may indicate the relationship of your products or services to LocalVision, Inc. products or services by using accurate, descriptive taglines such as "for LocalVision, Inc. products," "for use with LocalVision, Inc. business intelligence suite," and "works with LocalVision, Inc. software" in connection with your product or service name. Within text or body copy, such taglines may appear in the same type as your product or service name. On product, packaging, advertising and other collateral where your product or service name is displayed apart from body copy, make sure that the tagline appears in significantly smaller type than your name. You should also distinguish the tagline from your mark by using a different font or color. However, LocalVision, Inc. or the tagline should never appear in the LocalVision, Inc. blue/orange colors. This is important to avert any implication that your product or service is produced or endorsed by LocalVision, Inc.

Titles. LocalVision, Inc. permits use of its marks in single volume book titles (not magazines or periodicals) where such use is descriptive or referential. To avoid misleading the public as to LocalVision, Inc. sponsorship, affiliation or endorsement, the LocalVision, Inc. mark must not appear more prominently than the rest of the title, and do not use LocalVision, Inc. logos on the cover. In addition, we request that you include a disclaimer of association with LocalVision, Inc. on the copyright page.

Prohibited Use

You may not use LocalVision, Inc. trademarks in a manner which could cause confusion as to LocalVision, Inc. sponsorship, affiliation or endorsement. Take particular care not to use LocalVision, Inc. marks as set out below.

Company, Product or Service Names. Do not use LocalVision, Inc. trademarks or potentially confusing variations as all or part of your company, product or service names. If you wish to note the relationship of your products or services to LocalVision, Inc. products or services, please use an appropriate tagline as detailed above. Logos. LocalVision, Inc. generally does not permit third party use of its logos or design marks, and you should not use them unless you have express written consent from LocalVision, Inc. For more information regarding use of LocalVision, Inc. logos, please contact us.

Trade Dress. You must not imitate LocalVision, Inc. trade dress, type style or logos. For instance, do not copy LocalVision, Inc. packaging for use with your product or display your product name in the distinctive logotype associated with the LocalVision, Inc. logo.

Domain Names. Do not use LocalVision, Inc. trademarks or potentially confusing variations in your Internet domain name. This helps prevent Internet users from being confused as to whether you or LocalVision, Inc. is the source of the Web site.

Correct Use

Proper use of LocalVision, Inc. trademarks reinforces their role as brands for our products and services, and helps prevent them from becoming generic names that can be used by anyone. Examples of former trademarks that became generic terms are "aspirin," "cellophane," and "escalator." By adhering to the following rules, you help protect LocalVision, Inc.'s investment in its trademarks.

Use a generic term. You must use a generic term in association with each LocalVision, Inc. trademark the first time the mark appears in text, and as often as possible after that. You need not include generic names in headlines, package titles and documentation titles.

Use as adjectives. LocalVision, Inc. trademarks are adjectives and should not be used as verbs, or in the possessive or plural form. Avoid variations. Do not vary LocalVision, Inc. trademarks by changing their spelling or abbreviating them.

Trademark Symbols and Credit Lines

Proper trademark attribution through trademark symbols and credit lines helps makes the public aware of our trademarks, and helps prevent them from becoming generic terms. Credit lines also help clarify that they belong to LocalVision, Inc. Accordingly, LocalVision, Inc. would appreciate you attributing ownership of LocalVision, Inc. trademarks to LocalVision, Inc. Corporation by using trademark symbols (™ or SM or ®) and credit lines as detailed below. Trademark Symbols

U.S. Distribution Only. On products, packaging, manuals, advertisements and promotional materials distributed exclusively in the U.S., use a trademark symbol with the most prominent appearance of a LocalVision, Inc. trademark (e.g., in the headline of an advertisement). In addition, a trademark symbol should accompany the first use of a LocalVision, Inc. trademark in text or body copy.

Multinational Distribution. For materials to be distributed internationally (and in situations where you are unsure as to whether distribution will be exclusively domestic), only use a trademark symbol with the term "LocalVision, Inc." Use the ® symbol with the most prominent appearance of the "LocalVision, Inc." mark on products, packaging, manuals, advertisements, promotional materials and Web pages (e.g., in the headline of an advertisement), and the first use of the mark in text or body copy. This includes situations where "LocalVision, Inc." is a part of a product or service name.

Credit Line

All products, packaging, manuals, advertisements, promotional materials and Web pages bearing LocalVision, Inc. trademarks should include a trademark attribution line crediting ownership of LocalVision, Inc. trademarks to LocalVision, Inc. Corporation. The credit line remains the same for U.S. and international distribution:

"LocalVision, Inc." as a Trade Name

Trade names are the actual business names of companies. Trademarks and trade names are not the same, even though many companies use their trade names as trademarks. If you are using "LocalVision, Inc." as a substitute for LocalVision, Inc. Corporation, you are using it as a trade name. Because they are nouns, trade names can be used in the possessive and do not require a generic term or a trademark symbol. Thus, you should not use a ® after "LocalVision, Inc." when it appears as part of the full corporate name or as a trade name.

Questions

General

LocalVision, Inc.'s logos, logotypes, signatures and design marks ("LocalVision, Inc. logos") are valuable assets that LocalVision, Inc. needs to protect. Accordingly, we ask that our business partners, customers and other third parties follow these guidelines with respect to LocalVision, Inc. logos. LocalVision, Inc. generally does not permit third parties to use its logos, and you should not do so unless you have express written consent from LocalVision, Inc. We do have several programs, including the 'Powered by LocalVision, Inc.' program and LocalVision, Inc. Certified Professional program, which enable qualified third parties to license the right to use select logos.

Requests

If you wish to use a LocalVision, Inc. logo, please get in touch with your regular LocalVision, Inc. contact who should work directly with LocalVision, Inc. marketing. If you do not have a regular contact, please forward the following to info@LocalVision.net.

1. A written summary setting forth: (a) your name and your company's name; (b) contact information including phone number, fax number, email address and mailing address; (c) the specific LocalVision, Inc. logo that you wish to use; (d) background information on your company, detailing any relationship with LocalVision, Inc.; (e) the names of any LocalVision, Inc. contacts; (f) a description of your proposed use of the logo, including why you want to use the logo, where the logo would appear, the duration and geographical extent of the proposed use, how the logo would be displayed relative to your corporate name and logo, and whether the LocalVision, Inc. logo would be one of various logos appearing; (g) a description of LocalVision, Inc.'s involvement in any program or project in association with which you propose to use the LocalVision, Inc. logo; and (h) any previous correspondence you have had with LocalVision, Inc. regarding this logo request.

2. A mock-up or sample drawing showing your proposed use. Following submission, LocalVision, Inc. will evaluate the request and contact you if additional information is necessary. You will then be notified whether the request is approved. The normal turnaround time for such requests is one week. If approval is granted, you will be sent formal written authorization to use the logo, electronic artwork and usage guidelines where appropriate.

Proper Use

Third parties expressly licensed to use LocalVision, Inc. logos must not alter or modify them in any way. Make sure to use LocalVision, Inc. approved artwork and refer to the appropriate identity guidelines provided by LocalVision, Inc.

Questions

If you have any questions regarding use of LocalVision, Inc. logos, please contact us.