Last Updated January 15, 2021
Locar.is is an online tool that manages referrals and reviews. Locar.is is wholly owned and operated by Locaris, a Delaware C-corporation headquartered in Nevada.
284 C-E Lake Mead Parkway, #448
Henderson, Nevada 89015
These terms and conditions (the “Terms”) govern your access to and use of Locar.is’s websites, mobile applications, browser plugins and other services that are operated in connection with Locar.is that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and entering a legally binding contract with Locaris, a Delaware corporation. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
We may edit, change, add or remove portions of the Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these terms prior to each use of the Site and by continuing to use this website you agree to any changes.
A “user” is someone who accesses, browses, crawls, scrapes, subscribes, registers or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,” “Locaris”, or “Locar.is” refer to Locaris, a Delaware Corporation. “Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as forum posts, feedback, information sent through the contact us form, and information that you display.
The analyses provided on Locar.is are derived from information that is submitted to Locaris, made available by users, or has been publicly available on 3rd party review platforms. The analyses are estimates and Locaris does not guarantee the accuracy, completeness, or usefulness of any of the information. Locaris is not responsible for inaccurate information on the Site, makes no representations as to the quality, accuracy or completeness of Content and does not assume any liability for any loss that may result from the reliance by any person upon any Content. The Site is not guaranteed to be available 100% of the time, always connected securely, nor do we guarantee correction of any bugs or errors in the Site.
The Site may include advertisements or links to external websites. The websites linked to are not affiliated with Locaris and the products or services provided by advertisers are not guaranteed or endorsed by us. Anything contained in these advertisements is to be used at your own risk.
You will defend, indemnify, and hold harmless Locaris, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of Locaris.
REGISTRATION AND PARTICIPATION
Persons who are under 18 years old may not register an account on Locaris. By registering with Locaris for an account, you represent and warrant that you are at least 18 years old.
As between you and Locaris, you own your User Content. By submitting User Content to the Site, you hereby grant Locaris a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, or transfer any such User Content for any purpose, on or in connection with the Site or the promotion thereof. You acknowledge that You are aware that LOCARIS has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that LOCARIS assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, LOCARIS is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers who fail to cease using User Content or intellectual property upon revocation.
You will not post any User Content that:
is defamatory, illegal, unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, hate speech, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense violates the copyright, trademark or other intellectual property rights is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person is meant to stalk, intimidate, threaten or otherwise harass other users, including anything that harasses, incites harassment or advocates harassment of any group or individual is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items; upload, or cause to be uploaded, viruses or other similar malicious code is libelous or impacts or invades the privacy or publicity rights of others, such as photographs, video clips, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent is for the purpose of advertising, spamming or link building contains restricted or password only access pages, or hidden pages or images displays or links to pornographic, indecent or sexually explicit material of any kind provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18 provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media solicits passwords or personal identifying information from other Users
You warrant and agree that, while using the LOCARIS site and the various services and features offered on or through the LOCARIS site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the LOCARIS site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the LOCARIS site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the LOCARIS Site or the services offered on or through the LOCARIS site, including without limitation any information residing on any server or database connected to the LOCARIS site or the services offered on or through the LOCARIS site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the LOCARIS site or the services made available on or through the LOCARIS site in any manner with the intent to interrupt, damage, disable, overburden, or impair the LOCARIS site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the LOCARIS site’s services or features in violation of LOCARIS or any third party’s intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names, auction ids LOCARIS site addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the LOCARIS site, or any transaction via the LOCARIS site; (j) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; and (k) use the LOCARIS site or the LOCARIS site’s services in violation of any applicable law.
You further agree that you may not attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the LOCARIS site or the LOCARIS site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the LOCARIS site in any manner that could damage, disable, overburden, or impair the LOCARIS site or interfere with any other party’s use and enjoyment of the LOCARIS site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the LOCARIS site.
By posting information on Locaris, you warrant and represent that the information is truthful and accurate. We reserve the right to terminate your account at anytime. We also reserve the right, at our sole discretion, to update posts with notes or comments from moderators of Locaris that explain the circumstances of the situation, provide additional details, explain why action was taken and to inform viewers of our policies.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, LOCARIS may in its sole discretion investigate the allegation and determine whether to take any other actions and whether to remove or request the removal of the User Content. LOCARIS has no liability or responsibility to Users for performance or nonperformance of such activities. You acknowledge that LOCARIS may or may not pre-screen Content, but that LOCARIS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, LOCARIS and its designees shall have the right to remove any Content that violates these terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by LOCARIS or submitted to LOCARIS. LOCARIS does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, LOCARIS may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. LOCARIS has no liability or responsibility to Users for performance or nonperformance of such activities.
Any User Content you submit through the site, including the abuse reports, feedback form or other means is NOT private, and may the information, including your name, email address, comments, feedback, ip address, or any information you provide to us may be shared publicly on The Site.
You understand that by submitting User Content, it will be indexable by third party search engines and may be permanently stored somewhere else on the web and appear in search results of other sites.
By publishing an official Landlord Response, you are agreeing to the following:
the Content on the Site is not defamatory by nature and you will not enter into or continue any lawsuit with Locaris alleging that the Content on the Site is defamatory.
You must be an approved agent of the landlord to post an official response. If you are not, the fine will be $10,000 per instance.
Your ability to have your response published on our server is a PRIVILEGE, not a RIGHT. Locaris, at it’s sole discretion, may delete, or edit any landlord’s response. Locaris may also block any landlord from participating in the program for any reason.
By permitting responses, we are not admitting that we have false information on the site.
You may not have your post ever removed or edited.
We make no guarantees as to the timeliness of moderation.
We may not have perfectly stored or organized landlord information on our site, so your response may not always be linked to from every one of your product reports.
You may be asked to verify your identity and status within the landlord.
We reserve the right to post any communications you have or had with us to your response topic.
We can ban you at any time for unfriendly or bad-faith participation.
LOCARIS’s Ownership Rights. LOCARIS and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the LOCARIS products and services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the LOCARIS products and services. By entering into this Agreement or by visiting or using LOCARIS, You will not acquire any intellectual property or similar rights in the LOCARIS products or services other than a limited right to purchase and use the products or services for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LOCARIS products or related products and services; or (ii) use LOCARIS’s name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without LOCARIS’s prior written consent.
LOCARIS authorizes You to view and access a single copy of the content available on or from LOCAR.IS solely for your personal use. The contents of LOCAR.IS, and of all other Web sites under LOCARIS’s control, whether partial or otherwise (LOCARIS and such other Web sites are sometimes collectively referred to as “LOCARIS Sites”) such as text, graphics, images, logos, button icons, software and other LOCARIS content (collectively, “LOCARIS Content”), are protected under both United States and foreign copyright, trademark and other laws. All LOCARIS Content is the property of LOCARIS or its content suppliers, third party product suppliers or licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the LOCARIS Sites is the exclusive property of LOCARIS and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the LOCARIS Content may violate these laws, and is strictly prohibited.
You agree not to sell or modify the LOCARIS Content or reproduce, display, publicly perform, distribute, or otherwise use the LOCARIS Content in any way for any public or commercial purpose, in connection with products or services that are not those of LOCARIS, in any other manner that is likely to cause confusion among consumers, that disparages or discredits LOCARIS or its licensors, that dilutes the strength of LOCARIS’ or its licensor’s property, or that otherwise infringes LOCARIS or its licensor’s intellectual property rights. You further agree to in no other way misuse LOCARIS Content that appears on this Site, other than those specifically permitted herein or by written agreement with LOCARIS. Unless specifically permitted herein or in writing by LOCARIS, the use of the LOCARIS Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that LOCARIS creates to generate or display any LOCARIS Content or the pages making up any LOCARIS Site is also protected by LOCARIS’ copyright and you may not copy or adapt such code.
THIS SECTION MUST BE READ CAREFULLY AS IT LIMITS THE LIABILITY OF THE SITE TO YOU. THIS ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY LIMITED. IF YOU ARE NOT SURE ABOUT THIS OR ANY OTHER PART OF THESE TERMS, PLEASE CONSULT WITH AN ATTORNEY PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THE TERMS.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LOCARIS, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, REPUTATION, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO LOCARIS FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS/SERVICES VIA THE SITE.
CHOICE OF LAW, VENUE, WAIVER OF JURY TRIAL
This Agreement shall be exclusively governed by and construed in accordance with, and you exclusively and irrevocably attorns to, and agrees to apply, the laws of the State of Nevada and the federal laws which may be applicable herein (regardless of conflict of law principles) to the exclusion of all other laws in any jurisdiction or country. You understand and agree: (i) should any event arise wherein the Arbitration of Claims clause is rendered invalid or is otherwise found to not be applicable or available, you agree that that any action or other legal proceeding relating to this Agreement, or your use of Locaris, shall be brought exclusively in any court of competent jurisdiction located in Washoe County, State of Nevada, and for that purpose you now irrevocably and unconditionally agree and submit to the jurisdiction of such Nevada court; (ii) that you irrevocably waive any right to, and will not, oppose any such Nevada court action or proceeding on any jurisdictional basis, including forum non conveniens; (iii) you will not take the position that another state or country is the appropriate forum for such proceeding, and will not initiate, commence, or continue such proceedings in another state or country; (iv) you will not oppose the enforcement against you in any other jurisdiction of any judgment or order duly obtained from a Delaware court as contemplated by this section; and (v) you specifically agree that neither this Agreement nor any performance thereunder in any way constitutes the conducting of business by Locaris in any location other than the states of Delaware or Nevada and indeed agree that Locaris is not carrying on business in any jurisdiction other than the state of Delaware or Nevada. You irrevocably waive any and all rights that you may have to a trial of such proceedings by way of a jury in any judicial proceeding involving any claim in any way relating to this Agreement and your use of Locaris and agree to waive personal service of process and consents that service of process upon you may be made by Certified or Registered mail, return receipt, or by an internationally recognized bonded courier company at the address provided by you in your user account registration, if applicable. If that fails, or an address is not provided, you agree that service may be made upon you by the email address you used to register for a user account or through publication.
When we use the name, logo, image or description of a product or service, we are doing such under the presumption that it is trademarked and/or copyrighted. The Site’s use of this material is strictly nominative in nature, and is solely for the purpose of referring to the product or service for informational purposes in a manner that does not create the impression of affiliation, endorsement or sponsorship.
We comply with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). If you believe that your copyright has been infringed on Locaris, please submit a notice that complies with 17 U.S. C. § 512(c)(3) to:
Locaris, ATTN: DMCA
284 C-E Lake Mead Parkway, #448
Henderson, Nevada 89015
At a minimum, any DMCA removal request is required to include at least the following things:
Your name, address, telephone number, and e-mail address
A description of the infringing works;
The exact URL(s) or web address(es) where the alleged infringing material is located.
A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Keep in mind that if you submit a removal request containing false statements (including alleging infringement when it is clearly fair use), the law imposes substantial liability for any damages and any attorney’s fees incurred as a result; 17 U.S.C. §512(f).
We do not represent that materials on the LOCARIS Site are appropriate for use in all locations. Persons who choose to access the LOCARIS Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.