Terms & Conditions

Terms & Conditions

Top Ten Locals provides local search registration and submission services and associated reporting/monitoring via an account management area. To fulfill the defined Services, Top Ten Locals must share submitted business information with the defined local search providers (see below). By purchasing Top ten locals Services, you are bound to the following terms of service, as well as the terms of service of the defined local search providers. Top Ten Locals reserves the right to update the Terms of Service at any time. Any updates will be effective upon posting of the updated terms to the website.

These Top Ten Locals. Advertising Program Terms (“Terms“) are entered into by, as applicable, the customer signing these Terms or any document that references these Terms or that accepts these Terms electronically (“Customer“) and These Top Ten Locals. (“These Top Ten Locals “). These Terms govern Customer’s participation in These Top Ten Locals advertising program(s) (“Program“) and, as applicable, any insertion orders or service agreements (“IO“) executed by and between the parties and/or Customer’s online management of any advertising campaigns. These Terms and any applicable IO are collectively referred to as the “Agreement.” These Top Ten Locals and Customer hereby agree and acknowledge:

Top Ten Locals will not share your information with any business other than those defined below as local search providers or under certain legal conditions.

If you have any questions about these terms or any questions in general, please feel free to contact us at

Info@toptenlocals.com

Initial Contract Term is one (1) year. Except as stated in this paragraph, below, Top Ten Locals will automatically renew Client’s business listing enhancement at the end of the Initial Contract Term for the same rate as stated in the purchase agreement at the time of sign up. There will be no automatic renewal if (a) Client requests in writing that no renewal is to take place or (b) Top ten locals intends to increase Subscription Cost for the renewal term, as compared to the previous term, in which case renewal shall take place only if Client specifically accepts the new rate

You acknowledge that the use of this Service is solely at your own risk. The Service is provided on an “as is” and “as available” basis. Top ten locals expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

You agree to use the Services for lawful purposes only. In addition, you agree not to submit content to the Service that is unlawful, hateful, vulgar, or otherwise objectionable. In cases where content is submitted that Top Ten Locals, at its sole discretion, deems to be objectionable, Top Ten Locals retains the right to alter or remove the content before submission to the local search providers.

Businesses that provide adult products or services are not accepted into the program

Top Ten Locals

locals shall not be considered responsible for acts beyond its control including, but not limited to, acts of God, power outages, earthquakes, or other disasters.

You agree to purchase Services on a month to month basis. You acknowledge that Top Ten Locals will automatically renew your subscription each month and charge the account we have on record for an additional month of service at the end of each subscription period, at the predetermined rate, unless you contact us at Info@toptenlocals.com. to cancel Services at least seven (7) Business days prior to the end of the then-current subscription period.

What are the privacy ramifications?

What Information Do We Collect?

Let’s separately consider the privacy ramifications for each of these different approaches.

Web Linking

In connection with Web Linking, we do not collect any information that allows the user to be identified (“Personal Information”). Personal Information includes any information that may be used to identify an individual, including, but not limited to, a first and last name, a home, business, or other physical address, a phone number, and an email address. The only information collected, in connection with Web Linking, is anonymous information (including, for instance, an Internet protocol address) that merely enables us to show our advertiser that a consumer visited the advertiser’s site as the result of clicking on our sponsored link.

Landing Pages/Proxy Sites

With respect to the Landing Pages and/or the Proxy Sites our collection of Personal Information is limited to the following:

E-mails – If you e-mail one of our clients by clicking on the “Send E-mail” link (or a similar link) on a Landing Page or the Proxy Site, . Top Ten Locals may collect Personal Information from that e-mail including, but not limited to, your name, e-mail address and phone number. As explained above, we keep this information to assist the advertiser in assessing the marketing campaigns. For a limited period of time, we will also keep a copy of the complete email, so that we may re-forward it to the advertiser in the event the advertiser claims that the email was never delivered.

Telephone Calls – If you contact one of our clients by calling a telephone number on the Landing Page or the Proxy Site, we may collect Personal Information from you including your name and telephone number through caller identification and reverse call technology. We also may record the telephone conversation. We record the telephone conversation to track the performance of our advertisements and for quality assurance purposes. We do not record the calls for the purpose of collecting your Personal Information. If we record the telephone conversation, we will notify you before the conversation begins. The advertiser, the telephone service provider and . Top Ten Locals are the only parties that have access to the recording.

How We May Use Your Personal Information

If you provide us with Personal Information, we may retain the information to assess the performance of our advertisements and services. We also may use Personal Information to ensure compliance with our policies and applicable law. . Top Ten Locals will not sell or share your Personal Information with any unaffiliated third parties for marketing purposes.

With Whom We May Share Your Personal Information

We may sometimes use other businesses to perform certain services for us such as processing inquiries, providing technical assistance, and data analysis. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. . Top Ten Locals will take reasonable steps to ensure that these third party service providers are obligated to protect Personal Information on . Top Ten Locals behalf. Except as described in this Notice, we will not share the content of the emails or the phone conversations with anyone other than the advertiser.

We reserve the right to disclose Personal Information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, or anyone else that could be harmed by such activities. We also reserve the right to disclose visitor information when we believe in good faith that the law requires it.

Top Ten Locals does not save any Credit Card information directly.

You agree to indemnify and hold Top Ten Locals and its other affiliated companies, and their officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service.

You may cancel your initial request for Services for any reason within 24  hours after you sign up and a refund will be issued. Refunds will not otherwise be issued except if Top Ten Locals does not have your business listed on the first page of at least one search engine (Yahoo Local or Google Maps) by the 30th day from initial payment.

To the maximum extent allowed by law, Top Ten Locals and its other affiliated companies, any of their officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, Top Ten Locals and its other affiliated companies, any of their officers, directors or employees will not have any liability for any losses arising because the Top Ten Locals Services are not operational or accessible. This section does not limit liability for bodily injury of a person. Because some states do not allow limitations on incidental or consequential damages, liability in such jurisdictions shall be limited to the extent permitted by law.

Many local search providers syndicate their content to other search providers. Top Ten Locals offers no warranty or guarantee as to these syndication partners. Top Ten Locals does agree to provide the most accurate list of syndication partners available via the website at the time of the initiation of the Service.

Top Ten Locals retains the right to alter (add or remove) local search providers included in this agreement at any time.

You grant Top Ten Locals the right to store and alter the provided content prior to submission to the local search providers. You also grant Top Ten Locals a royalty free, world-wide right and license to access, index, cache, and display the provided content.

You agree to allow Top ten locals to act as an agent on your behalf when submitting your business information to the local search providers.

You acknowledge that providing incomplete, inaccurate, or otherwise incorrect information about your business and/or its location may result in your listing being rejected by the local search engines. No refund is offered for rejected listings, but you do have the opportunity to correct the information in your listing and to have the information resubmitted.

Top ten locals agrees to submit your business information to the defined local service providers within two (2) business days of payment. This agreement does not cover reasons beyond the control of Top ten locals including, but not limited to, Internet connectivity issues and the accessibility of local search provider systems.

Top Ten Locals does not guarantee or warranty that Top Ten Locals provided submissions will be accepted by the local search providers for inclusion in their index or what time frame is required for listing.

Top Ten Locals does not guarantee or warrant how Top Ten Locals provided submissions would be displayed or ranked by the local search providers, other than the initial 30 day guarantee stated above.

As part of the Local Core package Top Ten Locals provides optimized submissions (additions and updates) to the following local search providers:

The Program. Customer is solely responsible for all: (a) ad targeting options and keywords (collectively “Targets“) and all ad content, ad information, and ad URLs (“Creative“), whether generated by or for Customer; and (b) web sites, services and landing pages which Creative links or directs viewers to, and advertised services and products (collectively “Services“). Customer shall protect any Customer passwords and takes full responsibility for Customer’s own, and third party, use of any Customer accounts. Customer understands and agrees that ads may be placed on (y) any content or property provided by These Top Ten Locals (“These Top Ten Locals Property“), and, unless Customer opts out of such placement in the manner specified by These Top Ten Locals, (z) any other content or property provided by a third party (“Partner“) upon which These Top Ten Locals places ads (“Partner Property“). Customer authorizes and consents to all such placements. With respect to These Top Ten Locals online auction-based advertising, These Top Ten Locals may send Customer an email notifying Customer it has 72 hours (“Modification Period“) to modify keywords and settings as posted. The account (as modified by Customer, or if not modified, as initially posted) is deemed approved by Customer in all respects after the Modification Period. Customer agrees that all placements of Customer’s ads shall conclusively be deemed to have been approved by Customer unless Customer produces contemporaneous documentary evidence showing that Customer disapproved such placements in the manner specified by These Top Ten Locals. With respect to all other advertising, Customer must provide These Top Ten Locals with all relevant Creative by the due date set forth in that Program’s applicable frequently asked questions at www.toptenlocals.com (“FAQ”) or as otherwise communicated by These Top Ten Locals. Customer grants These Top Ten Locals permission to utilize an automated software program to retrieve and analyze websites associated with the Services for ad quality and serving purposes, unless Customer specifically opts out of the evaluation in a manner specified by These Top Ten Locals. These Top Ten Locals may modify any of its Programs at any time without liability. These Top Ten Locals also may modify these Terms at any time without liability, and Customer’s use of the Program after notice that these Terms have changed constitutes Customer’s acceptance of the new Terms. These Top Ten Locals or Partners may reject or remove any ad or Target for any or no reason.

.Google Maps

.Yahoo Local

.More Local Search Engine Providers

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah , excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of this Web site shall be filed only in District Court, District of Utah , and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any parts of these Terms of Service 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.

Privacy Policy

We understand that privacy is important to you. It is important to us too. The Top ten locals privacy policy details how we use the information we gather when you use the Toptenlocals.com website and when you subscribe to Top Ten Locals services. We have the highest expectations of privacy for ourselves and seek to deliver the same level of privacy to our customers.

Information Collected

The only data collected by Top Ten Locals is that information which is explicitly provided during the sign-up for Top Ten Locals marketing services or during ongoing support and maintenance of the account. This information can be separated into three categories:

Billing Information: Information that is used when verifying your credit card information and for correspondences related to your account.

Business Information: Information that is related to your business including, but not limited to, its location, products, and services.

Support Information: Information that is gathered related to your account in order to provide the best possible customer service. This may include the storing of emails and notes related to customer support issues.

How This Data is Used

Search Engine Optimization (SEO) Contract: http://www.toptenlocals.com

This contract is entered into between (Top Ten Locals) and It is future Clients (Or The Business   That do business With TOP TEN LOCALS LLC ”)

1. (Top Ten Locals) will provide Client with Search Engine Optimization Services (hereinafter referred to as “SEO”) as described in this contract. (Top Ten Locals) will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the Client’s website, http://www.clientsite.tld.

2. The total fee for the SEO services to be provided is $amount/USD. All fees must be paid in full prior to the start of campaign. (<- or insert your own payment schedule here).

(Top Ten Locals)’s SEO services are intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive targeted online traffic to the site.

(Top Ten Locals)’s SEO Services will include (but are not limited to):

•    Researching keywords and phrases to select appropriate, relevant search terms (up to XX phrases).

•    Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic (up to XX amount).

•    Editing and/or optimization of text for various html tags, meta data, page titles, and page text as necessary (up to XX pages).

•    Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.

•    Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.

•    Create traffic and ranking reports for clientsite.tld and any associated pages showing rankings in the major search engines.

3.  For the purposes of receiving professional SEO services, Client agrees to provide the following:

•    Administrative/backend access to the website for analysis of content and structure.

•    Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary.

•    Unlimited access to existing website traffic statistics for analysis and tracking purposes.

•    A clientsite.tld email address for the purposes of requesting links (something like contact@clientsite.tld)

•    Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by (Top Ten Locals) for search engine optimization purposes.

•    If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. (Top Ten Locals) can create site content at additional cost to the Client. If Client is interested in purchasing content from (Top Ten Locals), please contact (Top Ten Locals) for a cost estimate.

4.  Client must acknowledge the following with respect to SEO services:

•    All fees are non-refundable.

•    All fees, services, documents, recommendations, and reports are confidential.

•    (Top Ten Locals) has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.

•    Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, (Top Ten Locals) does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term. However, if (Top Ten Locals) fails to increase traffic to the site by X% after fourteen  weeks of services, (Top Ten Locals) will continue SEO services at no added cost to the Client until such a percentage is met.

•    Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time. This is referred to as the “Google Sandbox.” (Top Ten Locals) assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.

•    Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, (Top Ten Locals) will re-optimize the website/page based on the current policies of the search engine in question.

•    Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. (Top Ten Locals) can offer a list of expedited listing services upon request.

•    Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. (Top Ten Locals) does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.

5. (Top Ten Locals) is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.

6. Additional Services not listed herein (such as managing pay-per click campaigns, copywriting, link baiting, etc.) will be provided for a fee of $XX-$XXX per hour.

7. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to (Top Ten Locals) for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend (Top Ten Locals) and its subcontractors from any liability or suit arising from the use of such elements.

8. (Top Ten Locals) is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of $XX per hour. Notwithstanding any other provision of this Agreement, (Company name’s) obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting (Top Ten Locals), then (Top Ten Locals) obligation to provide SEO services for free shall terminate

The data provided to Top Ten Locals is used to create optimized local listings on behalf of your business. This requires that the business information provided to Top ten locals be shared with the local search providers included in the program. Business Information is never shared for any reason other than to create a listing within a local search providers application. Business information will not be shared with a company that does not meet Top ten locals high standards for search quality and integrity. Billing Information is never shared, sold, or rented in any form except in the case of legal requirements. Support Information is never shared, sold, or rented in any form except in the case of legal requirements.

Credit Card Information

Top Ten Locals does not directly save any credit card information. All credit card processing is done via our partnership with pay junction. Pay junction offers industry leading security and privacy guarantees. Our partnership with pay junction allows us to focus on delivering world-class marketing products and gives our customers the piece of mind that their credit card information is safe and secure.

Protecting Your Information

Top Ten Locals uses industry standard or above procedures to secure and protect the information you provide to us. As noted above, no credit card information is collected or stored by Top Ten Locals directly. Pay junction provides safe and secure credit card processing on our behalf.

Top Ten Locals seeks to offer world-class services and products while providing world-class privacy. If you have any questions about these terms or any question in general, please feel free to contact us at Info@toptenlocals.com.

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