Terms of Use
Effective January 1, 2006
Terms of Use Agreement
LocalAutomation.com is an online service which brings together users ("Users") and providers ("Providers") of
automation technologies. The service is owned and operated by OutForBidding.com, ("OutForBidding.com"). By using the LocalAutomation.com
website ("Website") you agree to be bound by this
Terms of Use Agreement ("Agreement"), whether or not you register as a User or
Provider, collectively known as members ("Members"). If you wish
to become a Member, communicate with other Members, or make use of the LocalAutomation.com services (the "Service"), please read this Agreement
and indicate your acceptance by following the instructions during the
registration process.
This Agreement sets out the legally binding terms for your use of the
Website and your Membership in the Service. LocalAutomation.com
may modify this Agreement from time to time and such modification shall
be effective upon posting to the Website by LocalAutomation.com.
You agree to be bound to any changes to this Agreement when you use the
Service after any such modification is posted. This Agreement
includes LocalAutomation.com's policy for acceptable use and content
posted on the Website, your rights, obligations, and restrictions
regarding your use of the Website and the Service.
Automation Providers
An automation provider is a company or individual that provides industrial automation products or services. After opening a Provider account with LocalAutomation.com, automation providers are able to created detailed on-line profiles of their business, including: business name, business description, products sold, services provided, business phone numbers, e-mail addresses, local contact information, and much more. All of this information is fully disclosed on the LocalAutomation.com website. Any site visitor that visits LocalAutomation.com and navigates to a provider's "profile page" will be able to view all of the profile information that has been entered by that provider. The visitor is not required to login in order to view this information. The Provider's information will be open to any and all visitors. The only information that is NOT disclosed is credit card information, including: credit card numbers, expiration dates, CVV2 numbers, and billing addresses. This information is not stored on our servers.
The owner of the provider account ("Provider Account Owner") is the person who created the account. When creating an on-line profile, a Provider Account Owner may created sub-accounts ("Provider Sub-Accounts") for other employees of the Provider. In doing so, the Provider Account Owner must disclose contact information for these employees. Typically, a Provider would want to create Sub-Accounts for the business owners, local sales engineers, technical support engineers, and inside sales staff. It is the sole responsibility of the automation Provider to use good judgement in creating these accounts and disclosing this information, keeping in mind that ALL information will be readily viewable on the LocalAutomation.com website. It is generally advised to avoid using home addresses, home phone numbers, and personal e-mail addresses for employees and, instead, to only disclose company information.
All Provider Sub-Account Owners will be required to accept this Agreement before they may login and use the Services of LocalAutomation.com.
The Provider Account Owner and each sub-account owner ("Provider
Sub-Account Owner") are given full access to edit the Provider's online
profile. Provider Account Owners and Provider Sub-Account Owners
are able to: edit the company's description, edit the company's
services, edit the company's products, edit the company's trainings and
events, edit the company's inventory list, and more. Any changes
will be instantly viewable on the LocalAutomation.com website.
LocalAutomation.com reserves the right, at its sole discretion, to
reject any changes that it deems offensive or irrelevant to the
automation industry and the purposes of the Website.
LocalAutomation.com will honor the request of any Provider Sub-Account Owner that contacts us and requests to have his/her sub-account deleted and his/her information removed from the Provider's profile. Before deleting a Provider Sub-Account, the Provider Sub-Account Owner must verify his / her identify by responding to an e-mail which will be sent to his/her listed e-mail address.
Cancellation of Provider Accounts & Provider Refund Policy
A Provider Account Owner may close his / her account at any time by sending an e-mail to accounts - at - localautomation.com (subject: account termination). Upon receipt of the e-mail, LocalAutomation.com will immediately close the Provider account and all Provider Sub-Accounts. The credit card on file for the Provider account will be refunded any membership fees (if applicable) which have been charged and not used.
Automation Users
An automation user is a company or individual that uses industrial automation products or services. A user would open an account with LocalAutomation.com in order to view job openings, participate in online discussions, join automation groups, chat online with other members, post automation questions, send projects out for bidding, and more. In order to maintain the relevance and integrity of all questions and projects that are posted, we require users to open a free account and provide their contact information before posting questions and projects. The collected information includes: first name, last name, business name, job title, business address, business website, phone number, fax number, and e-mail address. This information is disclosed on the website at the sole discretion of the automation user. When posting questions and projects, the user has the option of posting "openly" or "confidentially". If the user selects "openly", then all of the user's contact information will be posted along with the question or project. If "confidentally" is selected, then only the following information will be submitted: the user's job title, city, state, and zipcode. This information will reveal the location of the user, but not his / her identity.
The owner of the user account ("User Account Owner") is the person who created the account.
Cancellation of User Accounts
A User Account Owner may close his / her account at any time by sending an e-mail to accounts - at - localautomation.com (subject: account termination). Upon receipt of the e-mail, LocalAutomation.com will immediately close the User account.
Eligibility
Membership in the Service is void where prohibited. By using
the Website and the Service, you represent and warrant that all
registration information you submit is truthful and accurate and that
you agree to maintain the accuracy of such information. You
further represent and warrant that you are 18 years of age or older and
that your use of LocalAutomation.com shall not violate any applicable
law or regulation. You are solely responsible for all Content
published or displayed through your account, including any email
messages, and for your interactions with other Members.
Term & Fees
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by sending an e-mail to accounts - at - localautomation.com ( subject: account termination). LocalAutomation.com may terminate your Membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to LocalAutomation.com. If LocalAutomation.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees (if applicable). Even after membership is terminated, this Agreement will remain in effect. LocalAutomation.com's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that LocalAutomation.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
In addition, LocalAutomation.com reserves the right to change the
monthly membership fees for both Providers and Users. The current
Provider fee is free. The current User fee is free, as well.
A notification of any fee change will be e-mailed to all affected
Members at least 30 days in advance of the change. Any Member that
wishes to cancel his/her account may do so at any time by sending an
e-mail to accounts - at - localautomation.com (subject: account termination).
Proprietary Rights in Content on LocalAutomation.com
LocalAutomation.com owns and retains all proprietary rights in the
Website and the Service. The Website contains copyrighted material,
trademarks, and other proprietary information of LocalAutomation.com and
its licensors. Except for that information which is in the public
domain or for which you have been given written permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information.
Content Posted on the Site.
a. You understand and agree that LocalAutomation.com may review and delete any content, message, photo or profile (collectively, "Content") that in the sole judgment of LocalAutomation.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you hereby grant to LocalAutomation.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. LocalAutomation.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that is sexual in nature; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. is irrelevant to the industrial automation industry and the stated purpose of this website.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights.
It is the policy of LocalAutomation.com to terminate membership
privileges of any member who repeatedly infringes copyright upon prompt
notification to LocalAutomation.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on the Service in
a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; a description of the copyrighted work
that you claim has been infringed; a description of where the material
that you claim is infringing is located on the Website; your address,
telephone number, and email address; a written 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; 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 authorized to act on
the copyright owner's behalf.
Member Disputes
You are solely responsible for your interactions with
other LocalAutomation.com Members. LocalAutomation.com, Inc.
reserves the right, but has no obligation, to monitor disputes between
you and other Members.
Privacy.
Use of the Website and/or the Service is also governed by our Privacy
Policy.
Disclaimers
LocalAutomation.com is not responsible for any incorrect or
inaccurate Content posted on the Website or in connection with the
Service provided, whether caused by Members of the Website or by any of
the equipment or programming associated with or utilized in the Service.
LocalAutomation.com is not responsible for the conduct, whether online
or offline, of any user of the Website or Member of the Service.
LocalAutomation.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, any user or Member communication.
LocalAutomation.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of any email
or players due to technical problems or traffic congestion on the
Internet or at any Website or combination thereof, including any injury
or damage to users and/or Members or to any person's computer related to
or resulting from participation or downloading materials in connection
with the Website and/or in connection with the Service. Under no
circumstances shall LocalAutomation.com be responsible for any loss or
damage, including personal injury or death, resulting from use of the
Website or the Service or from any Content posted on the Website or
transmitted to Members, or any interactions between users of the
Website, whether online or offline. The Website and the Service
are provided "AS-IS" and LocalAutomation.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
LocalAutomation.com cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
Limitation on Liability
IN NO EVENT SHALL LOCALAUTOMATION.COM BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF
THE WEB SITE OR THE SERVICE, EVEN IF LOCALAUTOMATION.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOCALAUTOMATION.COM'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU
TO LOCALAUTOMATION.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Disputes
If there is any dispute about or involving the Website and/or the
Service, by using the Website, you agree that any dispute shall be
governed by the laws of the State of New York without regard to conflict
of law provisions and you agree to personal jurisdiction by and venue in
the state and federal courts of the State of New York, City of New York.
Indemnity
You agree to indemnify and hold LocalAutomation.com, its
subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
Other
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and LocalAutomation.com regarding the use of the Website and/or the Service. The failure of LocalAutomation.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. LocalAutomation.com is a trademark of OutForBidding.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.