MSS Terms & Conditions

Términos

  1. Información General

Welcome to the family of sites provided by Transactions and Promotions Inc. (“TAPLOCAL”). This agreement applies to all merchants who entered into Service Agreement with TAPLOCAL or those who access any the websites on which it is posted including taplocalmarketing.com, (collectively the “TAPLocal Sites”). Use and access to the TAPLOCAL Sites (including any rebranded or white label version of the TAPLOCAL Sites), and the services described below (the “Services”), are subject to these terms and conditions of use (the “Terms”) as well as our Privacy Policy located at https://taplocalpr.com/legal/privacy

We reserve the right to change these Terms from time to time. Any updates to these Terms shall be posted https://taplocalpr.com/legal/terms. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use any of the TAPLOCAL Sites or Services after we post any such changes, you accept these Terms, as modified. By accessing one of the TAPLOCAL Sites or our Services, you accept these Terms and certify that you have reviewed these Terms and that you are within or have reached the age of majority or age 18 (whichever is greater) in your jurisdiction. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY TAPLOCAL.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

  1. The Services

Services described on the TAPLOCAL Sites may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You agree to use the TAPLOCAL Services in accordance with all applicable guidelines and all laws of the jurisdiction in which you use the Services or access the TAPLOCAL Sites.

The Services consist of one or more of the following: a web-based interface, access to incoming telephone number or keywords, electronic mail, Direct Inward Dialing Numbers (“DIDs”), Short Codes, messaging applications, mail messaging, voice broadcast applications, SMS and MMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support, that enable you to send SMS messages, MMS messages and/or voice broadcasts to recipients designated by you (collectively, the “Services”). We transmit messages initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access and use the Services, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Services.

TAPLOCAL only provides that the Services are processed correctly and further transmitted by TAPLOCAL to the applicable downstream network. TAPLOCAL is not responsible for the final delivery of any communication initiated by you through the Services, as this is out of our control and is the responsibility of downstream communications carriers.

TAPLOCAL transmits and receives voice, email, SMS, and MMS messages via other major telecommunications companies and mobile network operators, and thus TAPLOCAL’s influence over the timing of the transmission of your messages is within the technical constraints imposed upon TAPLOCAL. While TAPLOCAL shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages across the public switched telephone network and/or Internet. You should know that communications carriers assign messages with a default lifetime and any message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. TAPLOCAL is not liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from TAPLOCAL for any such non-deliveries. Furthermore, you agree that message contents are deemed to have zero value.

Using our Services, accessing the TAPLOCAL Sites and providing data and other information that will be available to your Customers (“Content”) through the Services requires a TAPLOCAL ID. Your TAPLOCAL ID is valuable, and you are responsible for maintaining its confidentiality and security. TAPLOCAL is not responsible for any losses arising from the unauthorized use of your TAPLOCAL ID, the Services or the Content. Please contact TAPLOCAL if you suspect that your TAPLOCAL ID has been compromised. Your use of the Services and Content must follow the requirements set forth in the Agreement. Any other use of the Services and Content is a material breach of this Agreement. TAPLOCAL may monitor your use of the Services and Content to ensure that you are following these requirements. You may use the Services and Content only in connection with the receipt of Services. TAPLOCAL’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. Your provision of Content to TAPLOCAL places no obligation on TAPLOCAL to maintain that Content and TAPLOCAL is not liable for any Content lost or destroyed by TAPLOCAL. You should backup any Content provided to TAPLOCAL. You may not tamper with or circumvent any security technology included with the Services. You may access our Services only using TAPLOCAL’s software, and may not modify or use modified versions of such software.

You agree that we may communicate with you and your Customers by SMS, MMS, text message or other electronic means to your or your Customers’ mobile device and that certain information about your and your Customers’ usage of the Mobile Services may be communicated to us.

TAPLOCAL may affiliate with certain third-party service providers with whom we work to provide you certain Services under this Agreement (“Service Partners”). You hereby acknowledge that our Service Partners are third-party beneficiaries under this Agreement with the right to enforce its terms directly, to the extent applicable. You hereby acknowledge that certain limitations may be placed by us or our Service Partners on your use of the Services, including but not limited to character limits, quality standards, and other applicable content policies, and we and/or our Service Partners may reject any of Your Content at any time, in our or their sole discretion, or modify Your Content at any time in order to comply with such policies, and the appearance and/or location of Your Content placement may change at any time. Further, you acknowledge that certain Services may involve distribution of Your Content, including but not limited to business listing information (e.g., store location, hours of operation, and contact information) and/or other interactions with third-parties (“Publishers”) that own or operate online business directories, search web sites, social media web sites, mobile apps, or other online properties (the “Publisher Sites”). Neither we nor our Service Partners guarantee that Your Content will be displayed on any Publisher Site. You hereby agree and acknowledge that your use of certain Services shall be subject to additional terms and conditions mandated by our Service Partners.

  1. Usage Policy

You represent and warrant that the owners of the phone numbers you initiate messages to through the TAPLOCAL Services or provide directly to TAPLOCAL have expressly consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation You further agree that if a consumer receiving communications about your business through TAPLOCAL informs you that they no longer want to receive communications about your business, you will contact TAPLOCAL customer service and inform of the consumer’s request and provide sufficient information for TAPLOCAL to opt that customer out of any future communications from TAPLOCAL or you will go to the appropriate TAPLOCAL Site and opt the consumer out of any future communications from TAPLOCAL.

You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the TAPLOCAL Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the TAPLOCAL Services by visiting the following websites:

  • Federal Trade Commission, http://www.ftc.gov
  • Federal Communications Commission, http://www.fcc.gov
  • DoNotCall Registry Info, http://www.donotcall.gov

The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and SMS or MMS messages. TAPLOCAL is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the TAPLOCAL Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages.

You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your attorney prior to your use of the TAPLOCAL Sites or Services.

You accept that the Services are provided for professional use only, and you agree that your use of the TAPLOCAL Sites or Services shall not include:

  • Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the TCPA, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction, including state law );
  • Using the Services in any manner that violates: industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction);
  • Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services;
  • Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services;
  • Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
  • Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
  • Harvesting, or otherwise collecting information about others, including email addresses or phone numbers, without their consent;
  • Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
  • Transmitting, associating or publishing any unlawful, racist, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
  • Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes;
  • Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
  • Transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs;
  • Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
  • Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software;
  • Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
  • Interfering with another’s use and enjoyment of the Services or TAPLOCAL Sites;
  • Engaging in any other activity that TAPLOCAL reasonably believes could subject it to criminal liability or civil penalty/judgment; or
  • Using the Services, or any component of the Services, in any manner not authorized by TAPLOCAL.

You further agree that TAPLOCAL is, under no circumstances, responsible for the contents and/or accuracy of your messages and TAPLOCAL will only transmit messages at your direction and on a basis of good faith that you use the Services in accordance with these Terms. You are solely responsible for providing the content of all messages initiated by you through the Services. TAPLOCAL will not be liable for any misuse of the Services by you. TAPLOCAL is not responsible for the views and opinions contained in any of your messages or broadcasts.

You acknowledge that the terms upon which TAPLOCAL provides the Services to you are proprietary to TAPLOCAL and that TAPLOCAL will suffer economic harm if these terms become available to TAPLOCAL’s competitors. You, therefore, agree not to disclose or publish the specific financial terms of your agreement with TAPLOCAL.

  1. Content Submission / Discussion Areas

You agree that any information or materials that you or individuals acting on your behalf provide to TAPLOCAL (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. By providing any such information or materials to TAPLOCAL (other than information required for your use of the Services as contemplated herein), you grant to TAPLOCAL an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials, and you further agree that TAPLOCAL is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to TAPLOCAL (“Your Content”). In connection with such information and materials, you warrant and represent to TAPLOCAL that you have all rights, title and interests necessary to provide such content to TAPLOCAL, and that your provision of the content to TAPLOCAL shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

TAPLOCAL may at its option provide you with one or more areas within the TAPLOCAL Sites for online discussions (e.g. message boards, wikis, chat rooms, or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. TAPLOCAL reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. TAPLOCAL shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.

  1. Username / Password

As part of the registration process you will need a username and/or password. You shall be responsible for maintaining the confidentiality of your password. You shall provide TAPLOCAL with accurate, complete, and regularly updated contact information. You agree to notify TAPLOCAL of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in TAPLOCAL’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

  1. Communications Concerning the TAPLOCAL Services

By providing your email address to TAPLOCAL, you expressly consent to receive emails from TAPLOCAL and its affiliates or contractors. By providing your telephone number to TAPLOCAL, TAPLOCAL has the right to contact you via calls or text messages to provide you information about your account and/or the TAPLOCAL Services requested by you. By providing your telephone number, you expressly consent to receive calls and messages from TAPLOCAL and its affiliates or contractors, including communication to collect any past due payments. The caller may use automatic or predictive dialers and recorded voices to contact you. To the extent you have separately agreed to receive periodic text or voice alerts on products, services, events, special offers or other promotional messages related to TAPLOCAL and the TAPLOCAL Sites, TAPLOCAL may contact you pursuant to the terms of any such separate agreement.

  1. Intellectual Property

Subject to the terms herein, you are permitted to access the TAPLOCAL Sites, the Services, and any content provided by TAPLOCAL (which may include text, images, hosted software, sound files, video or other content, and may be provided via the TAPLOCAL Sites or otherwise) solely for the purpose of receiving information about TAPLOCAL’s business and products, purchasing and utilizing the Services, communicating with TAPLOCAL, entering prize promotions offered by TAPLOCAL, or otherwise as stated on the TAPLOCAL Sites. TAPLOCAL hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license without the right to sub-license to you to use the TAPLOCAL Sites and Services solely for the purpose of operating the TAPLOCAL Sites and using the Services.

We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the TAPLOCAL Sites. Except as expressly provided in these Terms, the availability of the Services and the TAPLOCAL Sites does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the TAPLOCAL Sites are the sole property of TAPLOCAL or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services or TAPLOCAL Sites, including any proprietary communications protocol used by the Services or the TAPLOCAL Sites without the express written permission of TAPLOCAL. All other trademarks or trade names are the property of their respective owners, and such material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.

TAPLOCAL abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by TAPLOCAL that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. TAPLOCAL does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with TAPLOCAL’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringing material on a site owned or controlled by TAPLOCAL, please provide a notification containing the following details:

  1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  1. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  1. Your contact information so that we can contact you (for example, your address, telephone number, email address);
  1. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  1. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  1. Your physical or electronic signature.

Then send this notice via email to: Support@taplocalnow.com and type “Notice of Infringing Material” in the subject line.

  1. Data Protection & Privacy

In order to ensure your compliance with these Terms and to ensure that TAPLOCAL complies with national and international laws, we may, from time to time, randomly check the messages that you send. Nonetheless, we are committed to maintaining the privacy of your information, pursuant to our Privacy Policy, located at: http://taplocalnow.com/privacy. Except as otherwise required for your use of the Services as contemplated herein, TAPLOCAL does not want you to, and you should not, send any confidential or proprietary information to TAPLOCAL via the TAPLOCAL Sites or the email addresses referenced on the TAPLOCAL Sites.

You agree that notwithstanding anything to the contrary herein, you shall handle any personally identifiable information that is inputted into the TAPLOCAL systems in the following manner: (i) in the event you seeks to export such data, you shall use a commercially reasonable contact management tool to provide an opt-out mechanism for anyone who has provided you personally identifiable information that is stored on our systems, (ii) you agree that TAPLOCAL can delete such data in the event the opt-out mechanism is used, and (iii) any use of such data by you shall comply with TAPLOCAL’s privacy policy. You shall indemnify hold harmless and defend TAPLOCAL and its affiliates from any claim brought against TAPLOCAL or its affiliates alleging that personal information stored by TAPLOCAL was improperly used where such use was by you while such information was stored by TAPLOCAL or any use after you have exported such data.

You further recognize that TAPLOCAL does not want you to, and you warrant that you shall not, provide any information or materials to TAPLOCAL that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

  1. Payments

Your use of the Services is contingent on your paying for such use (whether paid in advance or through the purchase of credits on the TAPLOCAL Sites), in the amounts and using the methods indicated on your TAPLOCAL Service Agreement. Your payment for the Services, Credits (as defined below in Section 10), keywords, DIDs, usage-sensitive fees and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when TAPLOCAL receives the full amount of payment owed for such Services, Credits, keywords, DIDs and/or plans. You are responsible to pay for any message or broadcast you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As TAPLOCAL is dependent on other entities for the delivery of your messages and broadcasts, our price per credit may require adjustment in order to account for costs that are not in our control. If TAPLOCAL’s costs to provide the Services expectantly increases prior to the end of your contract term, we may make a corresponding adjustment in our pricing.

TAPLOCAL will charge your indicated method of payment for the Services, Credits, keywords, DIDs and/or plans immediately upon your confirmation of the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the TAPLOCAL Sites or in your Service Agreement. Your account will be credited within 24 hours of TAPLOCAL verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by TAPLOCAL.

TAPLOCAL cannot readily or accurately ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in the State of Arizona and is subject to any applicable Arizona taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by TAPLOCAL, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed.

TAPLOCAL shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

As between you and TAPLOCAL, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. Standard charges apply to any test call sent originating from your account or initiated using your API key. In the event of accidental under billing in your favor or non-payment by you for agreed upon Services, TAPLOCAL shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, expert witness fees, attorneys’ fees incurred from counsel of TAPLOCAL’s choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all accounts and receivables due and payable under the terms of your Service Agreement.

  1. Credits

Credits are paperless vouchers that you purchase and which facilitate the transmission of the TAPLOCAL Services selected by you. The chosen route as well as the destination of a message or broadcast causes the amount of credits required to either increase or decrease but, in either case, will always be made known beforehand through the Pricing Page of our TAPLOCAL Sites. The submission of a seemingly-valid message or broadcast will cause an associated quantity of credits to be debited from your account and you can obtain the real-time status of your account at any time through the online interface.

Expiration of Credits and Prepaid Minutes

Credits purchased as a part of a package or monthly plan, including any additional credits purchased during your monthly billing cycle as part of an upgrade to your plan, and not used within the month of purchase, expire at the end of the month, unless the plan explicitly provides for roll-over of credits. Individual anytime, non-monthly plan credits purchased through your account expire after 18 months from the date of purchase, at which point such credits shall expire automatically, unless otherwise stated at the time of purchase. Credits are purchased on a first-bought, first-to-expire basis. Additionally, the value of credits may change over time as the cost of transmission changes, and thus you acknowledge that the number of credits needed to utilize the Services may change correspondingly. You may request a full refund of any unused, non-monthly plan credits within one (1) business day of purchase. No other refunds will be given. Any unused value shall be forfeited upon expiration. All prices, per-minute rates, and billing increments are subject to change at any time due to fluctuations in market conditions. Notwithstanding the above, TAPLOCAL may, in its sole discretion, offer customized plans that provide for individualized terms concerning credit expiration, billing cycles, account maintenance fees and/or other agreed upon terms. The terms of such customized plans will be agreed upon in the Service Agreement.

  1. No Warranty; Limitation of Liability

TAPLOCAL reserves the right to modify, suspend, or discontinue the offering of any of the TAPLOCAL Sites or Services at any time for any reason without prior notice. Further, while TAPLOCAL utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the TAPLOCAL Sites or Services.

You acknowledge that your messages are transmitted unencrypted and that eavesdropping of communications by third parties is possible. TAPLOCAL recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.

TAPLOCAL shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services or TAPLOCAL Sites will be available at any particular time; or (ii) you will be able to access the Services or TAPLOCAL Sites at any particular time or from any particular location. TAPLOCAL will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in TAPLOCAL offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE TAPLOCAL SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, TAPLOCAL DOES NOT WARRANT THAT THE USE OF THE TAPLOCAL SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL TAPLOCAL BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, TAPLOCAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE TAPLOCAL SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. TAPLOCAL MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TAPLOCAL SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OR DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE TAPLOCAL SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, TAPLOCAL IS NOT RESPONSIBLE FOR THOSE COSTS. TAPLOCAL’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE TAPLOCAL SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO TAPLOCAL HEREUNDER. TO THE EXTENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT WITH JURISDICTION TO BE UNREASONABLE OR OTHERWISE UNENFORCEABLE, TAPLOCAL’S AGGREGATE LIABILITY SHALL NOT EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO TAPLOCAL. YOU SHALL ACT AT ALL TIMES TO MITIGATE ANY LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT SHARING OF YOUR ACCOUNT INFORMATION, LOGIN INFORMATION OR PASSWORDS SHALL BE ATYOUR SOLE AND ABSOLUTE RISK AND THAT TAPLOCAL SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING AS A RESULT OF SUCH SHARING. THE FOREGOING DISCLAIMERS APPLY BOTH TO TAPLOCAL AND TO ITS THIRD-PARTY BUSINESS PARTNERS.

Some countries do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  1. User Warranties; Indemnification

You warrant and represent to TAPLOCAL that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the TAPLOCAL Sites and Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.

You agree to indemnify and hold harmless TAPLOCAL and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, exemplary or punitive damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by TAPLOCAL in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; (ii) any use by you, or an account or computer owned by you, of the TAPLOCAL Sites or Services; (iii) any violations or alleged violations of any federal, state or international law or regulation, or (iv) any breach of these Terms. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to TAPLOCAL by you as a direct result of a violation of local, state, national or international laws and regulations, including but not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by TAPLOCAL to you.

  1. Termination, Cancellation and/or Suspension by TAP

If at any time you breach these Terms, TAPLOCAL may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our client, your financial status or the content of the messages or broadcasts originating from you.

Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and TAPLOCAL shall have no obligation to you after any termination or cancellation of these Terms.

Should such a termination take place when you still have credits in your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by TAPLOCAL, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties.

The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of the Services or TAPLOCAL Sites.

  1. Termination by the Merchant

A merchant and/or business in use of the Service must contact Cancellations@taplocalnow.com to terminate contractual agreements, or other fees that may apply to the termination of such account.In the event of Early Termination of such agreement the merchant and/or Business will be responsible for 50% of the remaining payments on the contract as set forth in the Terms of the Service Agreement.

All cancellations must be communicated to Cancellations@taplocalnow.com at least 7 days prior to the next billing date. Any cancellation requests later than 7 days prior to the next billing cycle, will be billed on the current recurring date, and the termination fee of 50% of the remaining payments will be calculated starting with the following month. A merchant and/or business entering the last month of the contractual agreement, must contact Cancellations@taplocalnow.com at least 7 days prior to the end of the agreement, or the agreement will renew at the original terms of the expired agreement.

Any termination must comply with the terms of the Service Agreement.

  1. Links to other Websites

The TAPLOCAL Sites may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by TAPLOCAL of the contents on such third-party websites. TAPLOCAL is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

TAPLOCAL cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from the TAPLOCAL Sites. TAPLOCAL does not endorse any of the products/services, nor has TAPLOCAL taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. TAPLOCAL does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. TAPLOCAL strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

TAPLOCAL consents to links to the TAPLOCAL Sites which conform to the following: the appearance, position, and other aspects of any link to the TAPLOCAL Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by TAPLOCAL nor be such as to damage or dilute the goodwill associated with the name and trademarks of TAPLOCAL or its affiliates. TAPLOCAL reserves the right to revoke this consent to link at any time in its sole discretion, without notice.

  1. Security Rules

You are prohibited from violating or attempting to violate the security of the TAPLOCAL Sites and Services and from using the TAPLOCAL Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the TAPLOCAL Sites or Services, host or network, including, without limitation, via means of submitting a virus to the TAPLOCAL Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TAPLOCAL packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. TAPLOCAL may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the TAPLOCAL Sites who are involved in such violations.

  1. Force Majeure

TAPLOCAL shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of TAPLOCAL. In addition, TAPLOCAL shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.

  1. Binding Arbitration and Class Action Waiver

The provisions of this paragraph apply if you live in or if you are a business your principal place of business is in the United States. We hope we never have a dispute, but if we do, the following terms apply to the resolution of that dispute. Initially, we ask that you contact one of our customer service representatives at 1-844-311-4735 or support@taplocalnow.com. If our customer service representative is unable to resolve the dispute, you and we agree to try for 60 days to resolve it informally through phone calls, letters/emails and meetings. If we do not resolve the dispute through informal means, you and we may choose to resolve the dispute by individual binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. If either of us elects to proceed via individual binding arbitration, it shall proceed before the American Arbitration Association (“AAA”) or in such other manner as agreed to by both parties under the Federal Arbitration Act (“FAA”). A neutral arbitrator will resolve the dispute. The arbitrator’s decision will be final, except for a limited right of review under the FAA.

  1. Class Action Waiver. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, NOR IS COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES.
  2. Disputes Covered. The term “dispute” is interpreted as broadly possible. It includes any claim or controversy between you and us concerning the Services or use of the TAPLOCAL Sites under any legal theory including contract, warranty, tort, strict liability, statute, or regulation.
  3. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to: TAPLOCALLocal ATTN: Legal Department 2150 South Country Club Drive Suite 18 Mesa, AZ 85210. Tell us your name, address, how to contact you, what the problem is, and what you want.
  4. Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or Maricopa County, Arizona, U.S.A. if you meet the court’s requirements.
  5. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services or TAPLOCAL Sites for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services or Access the TAPLOCAL Sites, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the Commercial Arbitration Rules Demand for Arbitration Form available at http://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf to the AAA and mail a copy to us at the address listed in subparagraph d. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing. Any in-person hearing will take place in your county of residence (or if a business your principal place of business) or our principal place of business—Maricopa County, Arizona. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
  1. Arbitration Fees and Payments.
  1. If you wish to begin arbitration against us but you cannot afford to pay the filing fee, we will advance those costs if you ask us to do so in writing at the address listed in subparagraph d. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced.
  2. Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses, if you prevail at the arbitration. In addition, if you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.

iii. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

  1. Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
  1. Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute within one year from when it first could be filed. Otherwise, it’s permanently barred.
  1. You Have the Right to Reject the Class Action Waiver and Changes to the Arbitration Provisions. You may reject the Class Action Waiver provisions of this paragraph, but only if we receive from you a written notice of rejection within 30 days of your first use of the Services to the address listed in subsection d. Your rejection notice must include your name, address, phone number, email address and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection will not affect your other rights or responsibilities under this Agreement. You may also reject any change we make to this section 18 (except address changes) following your initial use of the Services by sending us notice within 30 days of the change by U.S. Mail to the address in section subsection d. If you do, the most recent version of this section 18 before the change you rejected will apply.
  1. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 18 is found to be illegal or unenforceable, that provision will be severed but the rest of section 18 still applies.
  1. Other Beneficiaries of this Provision. In addition to you and us, the rights and duties described in this arbitration agreement apply to: our affiliates and our and their officers, directors and employees.
  1. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TAPLOCAL in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, TAPLOCAL will be entitled to recover costs and attorneys’ fees if it substantially prevails.

All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. TAPLOCAL may give notice to you by means of a general notice on the TAPLOCAL Sites or Services, electronic mail to your e-mail address on record in TAPLOCAL’s account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in TAPLOCAL’s account information.

Nothing contained herein limits TAPLOCAL’s ability to sell all or substantially all of its assets or assign any of its rights and obligations to a third-party without your consent.

ADDED TERMS & CONDITIONS FOR TAPLOCAL “PERFORMANCE ADS” Product and Services (ammended 10/29/18)

[COMPANY] TAPLocal, Inc. Terms & Conditions Applicable to Merchants

1.The Services.

1.1 Through its relationship with [COMPANY] TAPLocal, Inc. (“[COMPANY] ”), Merchant has been selected to participate in [COMPANY’S] Card Linked Offer Program (“Program”), which includes programs managed by Empyr Partner Programs (“Partner Program”). COMPANY has entered into Agreements with each Partner Program for certain services, on behalf of itself and as the representative of Merchant, to promote Merchant to Partner Program’s customers. In order for Partner Program to perform services in accordance with the [COMPANY] – Partner Program Terms, MasterCard Incorporated, Visa U.S.A. Inc., American Express Company and one or more payment processors engaged by COMPANY and/or Partner Program (individually and collectively, “Card Network / Processor”) will need to provide COMPANY and/or Partner Program with certain information further described below. The purpose of these Terms & Conditions is to ensure that Merchant agrees to, and authorizes (i) Card Network / Processor monitoring and communicating this information to COMPANY and/or Partner Program, and (ii) COMPANY and Partner Program using the information for purposes of ensuring accurate rewards eligibility, application of rewards and distribution of offer content.

1.2 Authorization. Merchant hereby authorizes COMPANY and Card Network / Processor to monitor and release the following information to Partner Program: Merchant’s Card Network identification number(s) and Merchant’s payment card transaction information, including, but not limited to, cards registered by COMPANY and/or Partner Program customers (including, without limitation, date, purchase amount, encrypted or tokenized card numbers, and payment card type) (each of the foregoing items individually and collectively, “Merchant Information”).

Merchant hereby authorizes [COMPANY] and Partner Program and each of the third parties with whom [COMPANY] or Partner Program may contract in connection with the Program (each, a “Vendor,” which excludes Card Network / Processors), to (i) use or process Merchant Information in order to determine rewards eligibility in the Program (with eligible purchases defined as “Qualified Purchases”), and (ii) communicate Qualified Purchases (date and time, purchase amount, last 4 digits of card, city / state / zip code, and payment card type) to [COMPANY] for purposes of [COMPANY] reporting to and billing Merchant. Each Vendor has confidentiality obligations that prohibit such Vendor from disclosing Merchant Information to third parties. Merchant further authorizes [COMPANY] to instruct the applicable Card Network/Processors to process payments pursuant or related to Qualified Purchases, and to issue chargebacks to [COMPANY] at the request of a customer.

1.3 Agreements with Card Networks/Processors. To the extent Merchant has an agreement with a Card Network / Processor, these Terms & Conditions shall not modify or terminate any such Merchant – Card Network / Processor agreement.

1.4 Merchant Program Participation Election. Merchant’s Authorization shall remain in full force and effect until Merchant notifies [COMPANY] that Merchant elects in writing to stop the transmission of Merchant’s data to [COMPANY] and Partner Program in connection with the Program. Merchant may notify [COMPANY] by emailing Support@taplocalnow.com. Within a commercially reasonable time frame following receipt of such notice, [COMPANY] shall communicate Merchant’s notice to Partner Programs, Card Network/ Processor and COMPANY shall stop the transmission of information as described above. Please note COMPANY may monitor Merchants transactions for a reasonable period of time after such notification to ensure the consumers receive applicable rewards and for post campaign performance reporting.

1.5 Warranties by Merchant. Merchant represents and warrants to [COMPANY] that Merchant has all rights, licenses and authorizations necessary to provide offers, images, and content to COMPANY and that [COMPANY]’s exercise of such rights and licenses shall not infringe any Intellectual Property Right of any third party.

1.6 Restrictions and Conditions on Merchant Use of Redemption Data. Merchant obtains, or may obtain, sales information from various sources (e.g., Card Network/Processor monthly reports directly to Merchant, Merchant’s internal sales records, etc.). This sales information may include some elements of data that are the same as the Redemption Data (defined below). Merchant’s use of this separately obtained sales information is not subject to the restrictions in this Section.

Merchant will only use data relating to the Program or Qualified Purchases (“Redemption Data”) (whether provided via [COMPANY] or directly to Merchant from Partner Program) to confirm the occurrence of a Qualified Purchase. Merchant will not use the Redemption Data for any other purpose. The Redemption Data is confidential information and, except for employees and subcontractors with a need to know, Merchant will not share it with others. Merchant will keep and/or use the Redemption Data only as long as there is a business need to have it, but not longer than 120 days.

Laws and Privacy Obligations.

2.1 Limitation of Liability. Partner Program, [COMPANY] , Card Network / Processor and agents or subcontractors of any of the foregoing parties will not have any liability for any indirect, consequential, incidental, special or punitive damages, including any lost profits, even if such party has been advised of the possibility of such damages in connection with the Program. Furthermore, in no event will Partner Program’s, [COMPANY] , Card Network / Processor’s or any of the foregoing parties’ subcontractor’s or agent’s total cumulative liability in connection with the program, from all causes of action of any kind, exceed amounts paid by Merchant to [COMPANY] in the twelve (12) month period immediately preceding any claim.

In addition, Card Network / Processor will not be liable under any circumstances for (i) the release of or misuse of data provided under this authorization and used in connection with Program transactions by consumers, [COMPANY] , Merchant, Partner Program or subcontractors or agents of any of the foregoing parties; (ii) any errors by or arising from the acts or omissions of consumers, [COMPANY] , Merchant, Partner Program or subcontractors or agents of any of the foregoing parties in connection with a Program transaction.

2.2 Merchant’s Compliance with Laws and Privacy Obligations. Merchant shall comply with all applicable laws, regulations, privacy guidelines and applicable agreements governing the collection and use of all non-public, personal information of any customer data, including without limitation the Gramm-Leach-Bliley Act (collectively, the “Privacy Rules”) to the extent applicable to the activities conducted by Merchant under this Agreement and its agreement with any customer. [COMPANY] shall comply with all Privacy Rules, to the extent applicable to the activities conducted by [COMPANY] under this Agreement. Both parties agree to implement appropriate measures designed to meet the objectives of the Privacy Rules including to (a) maintain the security and confidentiality of customer data; (b) protect against threats or hazards to the security or integrity of customer data; and (c) protect against unauthorized access to or use of customer data that could result in substantial harm to any customer of any person. The parties shall notify each other of any unauthorized disclosures of customer data within a reasonable time after discovery. Merchant will take all reasonable steps to safeguard all login and password information provided by [COMPANY] to Merchant hereunder, so as to ensure that no unauthorized person will have access to the [COMPANY] , and that no persons authorized to have access will make any unauthorized use thereof. Merchant will promptly report to [COMPANY] any unauthorized use of the [COMPANY] Network of which Merchant becomes aware and will take such further steps as may reasonably be requested by [COMPANY] to prevent unauthorized use thereof. Merchant will comply with all requirements provided by or on behalf of credit card companies in order to ensure [COMPANY] ’s compliance with all credit card and payment-related processing Privacy Rules, and not take any action that would cause the other party to be in breach of its agreement with the credit card Merchant, or any card association networks, as applicable, or any successor thereto. Each party shall promptly notify the other party of any additional requirements that may be required to be implemented during the Term.

2.3 [COMPANY] Privacy Policy. By enrolling as a participating merchant in the [COMPANY] Network, Merchant acknowledges that Merchant is accepting the practices described in [COMPANY] ’s Privacy Policy found at: https://taplocalpr.com/legal/privacy/.

2.4 Card Network Limitations. We make the following disclosure to our users “Not all Visa, MasterCard and American Express cards are eligible for registration and not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. Without limitation, Visa, MasterCard and American Express Corporate cards, Visa, MasterCard and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT Visa, MasterCard and American Express cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) Visa, MasterCard and American Express cards) or insurance prepaid cards, Visa, MasterCard and American Express Buxx, and Visa, MasterCard and American Express-branded cards whose transactions are not processed through the Visa, MasterCard and American Express U.S.A. payment system are not eligible to participate. Not all transactions made with your registered Visa, MasterCard and American Express payment card can be monitored by Visa, MasterCard and American Express for purposes of the [COMPANY] program. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Card if you want the transaction to be eligible for rewards or offer completion. You acknowledge that Visa, MasterCard and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard and American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard and American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa, MasterCard and American Express U.S.A. Inc. payment system, and that these transactions are not eligible.”

Visa Restricted Merchant List

Visa may update this Schedule or the list of excluded merchant categories applicable for all entities receiving Transaction Data from Visa from time to time upon reasonable notice to Company.

Alcohol

Tobacco

Dairy

Financial Services

Insurance Products

Court costs/alimony/support

Legal services

Fines, bail and bond payments

Firearms

Funeral services

Gambling

Betting, including Lottery Tickets, Casino Gaming Chips, Off-Track Betting, and Wagers at Race Tracks

Online/Internet Gambling

Dating or escort services

Massage parlors

Healthcare, Pharmaceuticals (excluding general merchandise transactions of a drug store that maintains separate POS Systems for general merchandise and pharmacy)

Drugs, Drug Proprietaries, Druggist Sundries

Internet pharmacies

Internet pharmacy referral sites

Payment networks including payment divisions of Google and Amazon (except Visa)

Political organizations

Religious organizations

Direct Marketing-Travel-Related Arrangement Services

Direct Marketing-Outbound Telemarketing Merchants, Outbound telemarketers

Direct Marketing-Inbound Telemarketing Merchants

Direct marketing – subscription merchants

Infomercial merchants

Buyers clubs/membership clubs

Credit counseling or credit repair services

Credit protection/identity theft protection

Multi-level marketing businesses

Rebate-based businesses

Up-Selling merchants

Merchants that have sale of counterfeit or trademark infringing products or services

Merchants that have sale of adult or mature content products and services

Other regulated products or merchants as determined by Visa from time to time

Unsupported Processors

Empyr Channel Partners must pre-qualify their merchants as not being on an unsupported processor. Unsupported processors are listed below:

Square

Shopify

Groupon Payments

Amazon Payments

PayPal

ProPay

Intuit

Toast

Stripe

Wave

ADDED TERMS & CONDITIONS FOR TAPLOCAL “Google Ads” Product and Services (ammended 1/2/19)

[COMPANY] TAPLocal, Inc. Terms & Conditions Applicable to Merchants

Consistent with your agreement to Google Advertising Terms and Conditions, by agreeing and signing onto TAPLocal’s Terms and Conditions you hereby grant permission to TAPLocal make the following types of modifications (“Approved Adjustments”) to your campaign(s):

Activate/Enable or Deactivate/Disable: Includes the ability to start or stop a campaign based on TAPLocal discretion.

Campaign changes: Includes the ability to edit targeting settings, add or edit ad groups, and edit campaign distribution.

Placement changes: Includes the ability to add and delete placements, pause and resume targeted placements, add or delete negative sites and categories, and edit placement-level bids.

Ad text changes: Includes the ability to add, edit, and delete text and display ads*, edit destination URLs (landing pages), add or delete tracking URLs to ad text and placements, and pause/resume ad text.

Keyword changes: Includes the ability to add and delete keywords, and increase or decrease the maximum cost per click bid.

Performance Monitoring: Includes the ability to track the overall performance of your campaign(s). This includes, but not limited to; call tracking, Google Analytics & Google Ads Conversion Tracking.

If at any time it is determined to increase or decrease a monthly campaign budget, TAPLocal will require verbal and/or written approval from the client. TAPLocal’s management fee is based on Monthly budget, set at the beginning of the cycle. We advise against altering a daily or monthly budgets, until the beginning of a new monthly cycle. If a daily or monthly budget is requested, or altered at any point during a cycle, TAPLocal will notincrease or decrease the maximum cost per click bid

be held accountable for potential budget “Overspend”, as determined by Google – https://support.google.com/google-ads/answer/2375423?hl=en

We’ll notify you of any Approved Adjustments after they’ve been made. You will have the opportunity to change or cancel such adjustments after they’re posted live. If you disagree with any of the Approved Adjustments, please make sure to change and cancel them as soon as possible.

* You hereby acknowledge that the images used in your display ads have been procured by you and that any logos used are also available on your website. You represent and warrant you own valid subsisting rights (including the right to sub-license) in the images and grant Google a perpetual, Global, and royalty free right to make copies, reproduce, publicly display, make derivative works of, incorporate with other text and design elements, and in any other manner use the image for the purpose of creating the display ad for you, and to display such display ad on Google Sites through Google Services.

We’d also like to remind you that you’re responsible for the content of your campaigns, and you should carefully review campaigns for accuracy and compliance with Ads policies and local law. Please review our Ads policies here.

Global Privacy Policy

This “Privacy Notice” describes the practices of Paradigm Services, Inc., its subsidiaries and affiliates (collectively, “TAPLocal” “we,” and “us”, or “our”) and the rights and choices available to individuals, regarding personal data. Personal data means any information that related to an identifiable individual.  

Tap Local Marketing may provide separate privacy notices that apply to specific products or services that we offer, in which case this Privacy Notice does not apply. Where this Privacy Notice applies, Tap Local Marketing may provide additional or supplemental privacy notices to individuals at the time we collect their data, which will govern how we may process the information provided at that time. We may alter this Privacy Notice as needed for certain products and services and to abide by local laws or regulations. This Privacy Notice does not apply to Tap Local Marketing’s processing of the personal data of its personnel, such as employees and contractors.

  1. The personal data we collect
    We collect personal data about individuals from various sources described below. Where applicable, we indicate whether and why individuals must provide us with personal data, as well as the consequences of failing to do so. 

Information that we collect directly from individuals and the parties with which we do business

We may collect personal data directly from individuals and the parties with which we do business, including prospects. These may include parties that interact with us directly (such as individuals who download our mobile applications or job applicants), parties to which we provide goods or services (such as clients, merchants, and individuals) (collectively, “clients”), parties that provide services to us (such as processors) (collectively, “service providers”), and other parties with whom we offer or provide products and services (such as independent sales organizations or referral partners) (collectively, “partners”).

We may collect information from these parties in a variety of contexts, such as when completing one of our online forms, making an application for one of our products or services, interacting with us on social media, or corresponding with us. The types of information we obtain in these contexts include:

    • Contact information of the business entity and its personnel who interact with us, such as name, job title, address, telephone number, and email address
    • Profile information, such as username and password that an individual may establish on one of our websites or mobile applications, along with any other information that an individual enters into their account profile
    • Demographic details, such as date of birth, state of resident, and/or country of citizenship  
    • Information about individuals’ affiliation with a legal entity, such as an individual’s role, and whether he or she is a beneficial owner or authorized signatory
    • Government-issued identification numbers (to the extent permitted under applicable law), such as a national identification number (e.g., a Social Security Number, tax identification number, or passport number), state or local identification number (e.g., a Driver’s License or other government-issued identification number), and a copy of your government-issued identification card
    • Feedback and correspondence, such as information you provide when you request information from us, receive customer support, or otherwise correspond with us, including by interacting with our pages on social networking online sites or services
    • Financial account information, such as payment card or bank account details
    • Information about merchants, such as merchant name, merchant ID and category code, merchant location where a transaction occurred, and information about transactions processed by the merchant, including transaction volume, velocity, amounts, types of goods or services sold, and chargeback ratios
    • Information related to the use of Tap Local Marketing products or services, such as account information, spending thresholds, spending activity and patterns, and information about the transactions we process
    • Precise geolocation information, if you authorize our mobile application to access your location
    • Marketing information, such as your preferences for receiving marketing communications and details about how you engage with our marketing communications
    • Other information supplied by job applicants, such as professional credentials and skills, educational and work history, and other information of the type included on a resume or curriculum vitae

Information that we collect about individuals who do not interact with us directly

We may receive personal data about individuals who do not interact with us directly. For example, our clients, service providers, and partners may provide us with information about individuals other than themselves when using our products or services. In addition, due to the unique nature of Tap Local Marketing’s business, in many cases, Tap Local Marketing obtains personal data from other participants in a transaction processing chain, such as card associations and debit network operators and their members. The types of information we receive about third parties includes:

    • Information about the personnel of our clients, service providers, or partners, such as the business contact information that our clients, service providers, or partners provide to us in the context of our contractual relationships with them
    • Information about potential job candidates, such as when a recruiter contacts us about an individual who may become a candidate for a job at Tap Local Marketing
    • Information about customers of our clients that our clients send to us or allow us to collect in the context of the services that Tap Local Marketing performs, such as information related to financial transactions initiated by the customer, account registrations, and in some cases information needed to verify a customer’s identity and details of products or services purchased, and as otherwise stated in an applicable specific privacy notice for a Tap Local Marketing product or service. Where our technology is incorporated into a merchant’s mobile application or website, we also may automatically collect certain information of the type described in the section below titled “Information collected via automated means.”
    • Information obtained when processing transactions, such as information about payment transactions

Information we collect from private and publicly accessible sources

We and our service providers may collect information about individuals that is publicly available, including by searching publicly accessible government lists of restricted or sanctioned persons (such as the Specially Designated Nationals And Blocked Persons List), public records databases (such as company registries and regulatory filings), and by searching media and the internet. We and or our third party verification providers may also collect information from private or commercially available sources, such as by requesting reports or information from credit reference and fraud prevention agencies, to the extent permitted under applicable law.

We may also maintain pages for our company and our products and services on a variety of third-party platforms, such as LinkedIn, Facebook, Twitter, Google+, YouTube, Instagram, and other social networking services. When you interact with our pages on those third-party platforms, the third-party’s privacy policy will govern your interactions on the relevant platform. If the third-party platform provides us with information about our pages on those platforms or your interactions with them, we will treat that information in accordance with this Privacy Notice.

Information collected via automated means

When you access our websites or use our mobile applications, we, our service providers, and our partners may automatically collect information about you, your computer or mobile device, and activity on our websites or mobile applications. Typically, this information includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on or in our websites or mobile applications, such as pages or screens you accessed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Certain products or services that we provide, or which merchants may incorporate into their websites or mobile applications may automatically collect additional information, as may be further described in a separate privacy notice.

Our service providers and business partners may collect this type of information over time and across third-party websites. This information is collected via various mechanisms, such as via cookies, web beacons, embedded scripts, through our mobile applications, and similar technologies. This type of information may also be collected when you read our HTML-enabled emails, where applicable. Please refer to our Cookies Disclosure for more details. You can choose to disable cookies or to opt out of the use of your browsing behavior for purposes of targeted advertising. For opt out instructions, please review the “Targeted online advertising” portion of the “Your Choices” section of this Privacy Notice.

Sensitive personal data

In limited circumstances and when permitted by law, we may request sensitive information, such as racial or ethnic origin or information about disability. Outside of this context or otherwise as we specifically request, we ask that you not provide us with any sensitive personal data (meaning information revealing racial or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, genetic, health, or biometric information, information about sex life or sexual orientation, or criminal convictions or offenses) through our websites or mobile applications, or otherwise to us.

  • How we use your personal data

We use your personal data for the purposes of:

Providing our products and services, which includes:

    • Operating, evaluating, maintaining, improving, and providing the features and functionality of our products and services
    • Fulfilling a payment transaction initiated by you (either with us or our client)
    • Managing our relationship with you or your company
    • Carrying out our obligations, and exercising our rights, under our agreement with you or your company
    • Communicating with you regarding your account with us, if you have one, including by sending you service-related emails or messages (e.g., messages regarding account verification, changes or updates to the functionality of our products or services, technical and security notices and alerts, and support and administrative messages)
    • Personalizing the manner in which we provide our products and services
    • Checking for fraud or money laundering and/or managing either our or our clients’ risk
    • Administering and protecting our business
    • Providing support and maintenance for our products and services, including responding to your service-related requests, questions, and feedback

Marketing

We may use your personal data to form a view on what products or services we think you may want or need, or what may be of interest to you.

We may contact you with marketing communications using the personal data you have provided to us if you have actively expressed your interest in making a purchase or have made a purchase from us and, in any case, you have not opted out of receiving that marketing, to the extent permitted by applicable law.

Where required by law, we will get your express opt-in consent before we share your personal data with any company outside the Tap Local Marketing group for marketing purposes.

You can ask us to stop sending you marketing messages at any time by contacting us using the details at Contact us section or clicking on the opt-out link included in each marketing message.

Should you choose to opt out of receiving our marketing messages, we will continue to carry out our other relevant activities using your personal data, including sending non-marketing messages.

Managing our recruiting and processing employment applications

We process personal data, such as information submitted to us in a job application, to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics.

Complying with law

We use your personal data as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

Compliance, fraud prevention and safety

We use your personal data as we believe necessary or appropriate to (a) enforce the terms and conditions that govern our products and services; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent

In some jurisdictions, applicable law may require us to request your consent to use your personal data in certain contexts, such as when we use certain cookies or similar technologies or would like to send you certain marketing messages. If we request your consent to use your personal data, you have the right to withdraw your consent any time in the manner indicated when we requested the consent or by contacting us. If you have consented to receive marketing communications from our third party partners, you may withdraw your consent by contacting those partners directly.

To create anonymous data

We may create anonymous data from your personal data and other individuals whose personal data we collect. We make personal data into anonymous data by excluding information that makes the data personally identifiable to you and use that anonymous data for our lawful business purposes.

  • How we share your personal data


Companies within the Tap Local Marketing group

We may disclose your personal data to our subsidiaries and affiliates for purposes consistent with this Privacy Notice.

Service providers

We may employ third party companies and individuals to administer and provide services on our behalf (such as companies that provide customer support, companies that we engage to host, manage, maintain, and develop our website, mobile applications, and IT systems, and companies that help us process payments). These third parties may use your information only as directed by Tap Local Marketing and in a manner consistent with this Privacy Notice, and are prohibited from using or disclosing your information for any other purpose.

Our clients

When Tap Local Marketing performs services for its clients, it may share personal data with those entities. For example, Tap Local Marketing may collect information about a client’s customers from or on behalf of the client, such as when Tap Local Marketing processes payment transactions, and Tap Local Marketing may provide personal data about those customers back to the client. We are not responsible for the privacy practices of our clients.

Participants in the transaction processing chain

Tap Local Marketing shares personal data with companies in the transaction processing chain in connection with processing a payment transaction, such as merchants, banks or other card issuers, card associations, debit network operators and their members.

Credit reference, fraud protection, risk management, and identity and verification agencies

Tap Local Marketing shares personal data with credit reference, fraud protection, risk management, and identity verification agencies to help guard against, detect, and respond to fraud or money laundering, and/or manage our or our clients’ risk, and ensure we comply with contractual, legal, or regulatory requirements.

Professional advisors

We may disclose your personal data to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Compliance with Laws and Law Enforcement; Protection and Safety

Tap Local Marketing may disclose information about you to government or law enforcement officials (including tax authorities) or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our products and services; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

Business Transfers

Tap Local Marketing may sell or transfer some or all of its business or assets, including your personal data, in connection with a business transaction (or potential business transaction) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Notice.

To Other Parties with Your Permission or to Fulfill a Contract They Have With You

Tap Local Marketing may transfer your personal data to any third party who is not otherwise covered by the other listed categories above where you have given us permission to do so, or with whom you have entered into a contract when we need to transfer your personal data to that party in order to fulfil that contract.

  • Your rights and choices

In this section, we describe the rights and choices available to all users. Users who are located in California may read additional information about their rights below.

You can ask us to stop sending you marketing messages at any time by contacting us or clicking on the opt-out link included in each marketing message. You may continue to receive service-related and other non-marketing messages.

Targeted online advertising

Some of the business partners that collect information about users’ activities on our websites or in our mobile applications may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.

Users may opt out of receiving targeted advertising on websites through participating members of the following organizations or programs:

Users of mobile applications may opt out of receiving targeted advertising in mobile applications through participating members of the Digital Advertising Alliance by installing the AppChoices mobile application, available here, and selecting the user’s choices. In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

If you choose to opt-out of targeted advertisements, you will still see advertisements online, but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.

Do Not Track Signals

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to do not track signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing not to provide your personal data

Where we request personal data directly from you, you do not have to provide it to us. If you decide not to provide the requested information, in some circumstances we, or our clients, may be unable to provide products or services to you. For example, we may be unable to process your transaction.

Accessing, modifying or deleting your information

You may access, change, or correct information that we have about you, at any time or by making a request to us contact us, in which case we may need to verify your identity before granting access or otherwise changing or correcting your information. We may not be able to provide access to, modify, or delete your information in all circumstances.

Complaints

If you have a complaint about our handling of your personal data, you may contact our data protection officer using the contact information below. We request that a complaint be made in writing. Please provide details about your concern or complaint so that our data protection officer can investigate it. We will take appropriate action in response to your complaint, which may include conducting internal discussions with relevant business representatives. We may contact you for additional details or clarification about your concern or complaint. We will contact you to inform you of our response to your complaint. You also may have a right to file a complaint with a national or local regulatory agency.

Deactivating Your Account

If you wish to deactivate your account, you can do so by logging into your Tap Local Marketing account or by emailing us using the contact details provided below or calling us at +1 844-899-8559.

Promotional Communications

You can opt out of receiving promotional messages from Tap Local Marketing by following the instructions in those messages, by informing the caller that you would not like to receive future promotional calls, or by changing your notification settings by logging into your Tap Local Marketing account. You may only opt-out of text messages from Tap Local Marketing by replying STOP. Opting out of receiving communications may impact your use of the Services. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.

California Privacy Rights

California law permits residents of California to request certain details about our disclosure of your personal information to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a California resident and would like to request this information, please contact us at support@taplocalnow.com

  • How we keep your data safe

We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.
We maintain annual compliance with global Payment Card Industry Data Security Standard (PCI DSS) adopted by the payment card brands for all companies that process, store or transmit cardholder data.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  • This Website May Link to Other Websites

We may also link to third-party websites, mobile applications, and other content. Tap Local Marketing is not responsible for the privacy practices of any third party, and this privacy notice does not apply to such third party’s websites, mobile applications, or other content. Tap Local Marketing does not guarantee, approve, or endorse any information, material, services, or products contained on or available through any linked third-party website, mobile application, or other content. Tap Local Marketing is not responsible for any content on third-party properties to which we link. Tap Local Marketing provides links to third-party properties or content as a convenience, and visiting or using linked third-party properties or content is at your own risk.

  • CHANGES TO THIS PRIVACY NOTICE

We reserve the right to modify this Privacy Notice at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Notice, we will notify you by updating the date of this Privacy Notice and posting it on our website and in app stores where our mobile applications covered by this Privacy Notice are available for download. We may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through our website or mobile applications.

Any modifications to this Privacy Notice will be effective upon our posting of the new terms and/or upon implementation of the new changes (or as otherwise indicated at the time of posting). In all cases, your continued use of our products or services after the posting of any modified Privacy Notice indicates your acceptance of the terms of the modified Privacy Notice.

  • CONTACT

If you have any questions, concerns, or complaints about this Privacy Notice or our privacy practices, or to request access to your personal data, you may contact our Data Protection Officer at support@taplocalnow.com.  

We also maintain a Customer Service line available from the United States, at +1 844-899-8559. This line is the most appropriate contact for an urgent concern, such as to report a suspected data breach regarding your personal data; or, if you are a merchant, data of your customers.

Paradigm E-Sign Consent

Last updated:  October 22, 2019

Paradigm Services, Inc. and its affiliates and third party service providers (Collectively “TAPLocal”, “Paradigm”) may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our Services. Your agreement to this E-sign Consent confirms your ability and consent to receive Communications electronically from Paradigm, its affiliates, and its third party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this Consent or you withdraw your consent, you may be restricted from using the Services.

Electronic Delivery of Communications and Use of Electronic Signatures

Under this Consent, Paradigm may provide all Communications electronically by email, by text message, or by making them accessible via Paradigm websites or applications. Communications include, but are not limited to, (1) agreements and policies required to use the Services (e.g. this Consent, the Paradigm Privacy Notice, the Paradigm Sub Account Payment Agreement, and the Paradigm Merchant Processing Agreement), (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you.

System Requirements

To access and retain the electronic Communications, you will need the following:

  • A computer or mobile device with Internet or mobile connectivity.
  • For desktop website-based Communications:
    • Recent web browser that includes 256-bit encryption;
    • The browser must have cookies enabled. Use of browser extensions may impair full website functionality; and
    • Minimum recommended browser standards are the most recent versions of Mozilla Firefox (see http://www.mozilla.com for latest version), Apple Safari (see http://www.apple.com/safari for latest version), or Google Chrome (see http://www.google.com/chrome for latest version). 
  • For application-based Communications:
  • A recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and
  • The most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS.
  • Access to the email address used to create an account for Paradigm Services.
  • Sufficient storage space to save Communications and/or a printer to print them.
  • If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add mail@paradigmsvc.com  to your email address book.

Paper Delivery of Communications

You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to Paradigm Services, Inc., 345 St. Peters Street, Ste. 705, St. Paul, MN 55102  Attn: Customer Support – Legal (“Paradigm Address”) within 180 days of the date of the Disclosure, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications.

Withdrawal of Consent to Electronic Communications

You may withdraw your consent to receive electronic Communications at any time, by writing to the Paradigm Address. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and Paradigm will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form).

Updating Your Email Address

You can change your email address by writing to the Paradigm Address. You may also be able to change your email address yourself through the Services.

Cookie Disclosure

This Cookies Disclosure describes the use of online cookies by the Paradigm group of companies, including Paradigm Services, Inc. and its subsidiaries and affiliates (collectively, “TAPLocal”, “we”, “us”, or “our”). This Cookies Policy applies to the websites that we own or control and which post a link to this Cookies Disclosure.

You may read more about Paradigm’s general privacy practices in its  Privacy Notice.

What are Cookies?

A cookie is a small file, typically of letters and numbers, downloaded on to a device such as a computer or mobile device when you access our websites. For more information about cookies or local storage, including how to see what cookies have been set and how to manage, block and delete them, see: http://www.allaboutcookies.org/.

Types of Cookies We Use

Our websites may use both session cookies and persistent cookies to provide you with a more personal and interactive experience on our websites:

  • Session cookies – allow a website to remember your actions during a browsing session and expire once your close your web browser. Session cookies may be used for a variety of purposes, such as remembering that you logged in to one of our websites.
  • Persistent cookies – are stored on your device and may continue to exist until they expire or you delete them. Persistent cookies may be used for a variety of purposes, including remembering users’ preferences and choices when using a site or to target advertising.

Cookies can be categorized either as first-party or third-party cookies. Our websites use both types of cookies:

  • First party cookies – First-party cookies are set directly by us, from the domain name of the website displayed in the URL window.
  • Third party cookies – Third-party cookies are cookies that are set by a domain name other than the one being visited by the user. For example, if we set a cookie on firstdata.com using a cookie from another domain name that we own or control, that cookie is a “third-party” cookie. Similarly, we may also permit our service providers or partners to set cookies directly on our website from their own domain name; these, too, are third-party cookies.

Our websites use the following types of cookies for the purposes set out below:

Type of CookiePurpose
Essential CookiesThese cookies are essential to provide you with services available through our websites and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
Functionality CookiesThese cookies allow our websites to remember choices you make when you use our websites. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-select your preferences every time you visit our websites.
Analytics and
Performance Cookies
These cookies are used to collect information about traffic to our websites and how users use our websites. The information gathered may include your computer or mobile device operating system type and version number, manufacturer and model, device identifier, browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on or in our websites, such as pages you accessed, how long you spent on a page, navigation paths between pages, information about your activity on a page, access times, and length of access.
Social Media
Cookies
These cookies are used when you share information using a social media sharing button or “like” (or similar) button on our websites or you link your account or engage with our content on or through a social networking website such as Facebook or Twitter. The social network will record that you have done this.
Targeted and
advertising cookies

These cookies track your browsing habits to enable third-party advertising networks to deliver ads that may be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests or browsing behaviors. Based on the cookies that the third-party advertising network sets on our websites and other sites, advertisers can display advertisements that may be relevant to your interests on our websites and while you are on third party websites.

One particular form of advertising we may use includes a remarketing feature in Google AdWords to reach out to people who previously visited our website. Remarketing involves classifying users according to how they use our website and creating an audience segment for third-party vendors, including Google, to show our targeted ads on third party websites. For example, if you access our contact form to make an enquiry about a particular product on our website, you may receive information relevant to that product within a specific time of visiting our website. This could be in the form of an ad on the Google search results page, or on a site in the Google Display Network.

In addition, you may opt out of the use of your browsing behavior for purposes of targeted advertising as described in the section titled “Online Behavioral Advertising” below.

Your Choices

Disabling Cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” menus). Many browsers are set to accept cookies until you change your settings.

To manage your cookies preferences on our website, please click the Cookies button located in the bottom right corner of your screen.

If you do not accept our cookies, you may experience some inconvenience in your use of our websites. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our websites.

Online Behavioral Advertising

Some of the third parties that set cookies on our websites may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior for purposes of targeted advertising. Users may opt out of receiving targeted advertising on websites through participating members of the following organizations or programs:

Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.

Cookies Disclosure Does Not Cover Third Party Websites

Please note that this cookies policy does not apply to, and we are not responsible for, the cookie practices of third party websites to which we may link from the website

Changes to the Cookies Disclosure

We may change this Cookies Disclosure at any time and we would encourage you to review the policy from time to time to stay informed of how we are using cookies.

Paradigm E-Sign Consent

  Last updated:  October 22, 2019   Paradigm Services, Inc. and its affiliates and third party service providers (Collectively “TAPLocal”, “Paradigm”) may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our Services. Your agreement to this E-sign Consent confirms your ability and consent to receive Communications electronically from Paradigm, its affiliates, and its third party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this Consent or you withdraw your consent, you may be restricted from using the Services.   Electronic Delivery of Communications and Use of Electronic Signatures Under this Consent, Paradigm may provide all Communications electronically by email, by text message, or by making them accessible via Paradigm websites or applications. Communications include, but are not limited to, (1) agreements and policies required to use the Services (e.g. this Consent, the Paradigm Privacy Notice, the Paradigm Sub Account Payment Agreement, and the Paradigm Merchant Processing Agreement), (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you.   System Requirements To access and retain the electronic Communications, you will need the following:
  • A computer or mobile device with Internet or mobile connectivity.
  • For desktop website-based Communications:
    • Recent web browser that includes 256-bit encryption;
    • The browser must have cookies enabled. Use of browser extensions may impair full website functionality; and
    • Minimum recommended browser standards are the most recent versions of Mozilla Firefox (see http://www.mozilla.com for latest version), Apple Safari (see http://www.apple.com/safari for latest version), or Google Chrome (see http://www.google.com/chrome for latest version).
  • For application-based Communications:
  • A recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and
  • The most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS.
  • Access to the email address used to create an account for Paradigm Services.
  • Sufficient storage space to save Communications and/or a printer to print them.
  • If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add mail@paradigmsvc.com  to your email address book.
  Paper Delivery of Communications You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to Paradigm Services, Inc., 345 St. Peters Street, Ste. 705, St. Paul, MN 55102  Attn: Customer Support – Legal (“Paradigm Address”) within 180 days of the date of the Disclosure, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications. Withdrawal of Consent to Electronic Communications You may withdraw your consent to receive electronic Communications at any time, by writing to the Paradigm Address. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and Paradigm will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form).   Updating Your Email Address You can change your email address by writing to the Paradigm Address. You may also be able to change your email address yourself through the Services. Cookie Disclosure This Cookies Disclosure describes the use of online cookies by the Paradigm group of companies, including Paradigm Services, Inc. and its subsidiaries and affiliates (collectively, “TAPLocal”, “we”, “us”, or “our”). This Cookies Policy applies to the websites that we own or control and which post a link to this Cookies Disclosure. You may read more about Paradigm’s general privacy practices in its  Privacy Notice. What are Cookies? A cookie is a small file, typically of letters and numbers, downloaded on to a device such as a computer or mobile device when you access our websites. For more information about cookies or local storage, including how to see what cookies have been set and how to manage, block and delete them, see: http://www.allaboutcookies.org/. Types of Cookies We Use Our websites may use both session cookies and persistent cookies to provide you with a more personal and interactive experience on our websites:
  • Session cookies – allow a website to remember your actions during a browsing session and expire once your close your web browser. Session cookies may be used for a variety of purposes, such as remembering that you logged in to one of our websites.
  • Persistent cookies – are stored on your device and may continue to exist until they expire or you delete them. Persistent cookies may be used for a variety of purposes, including remembering users’ preferences and choices when using a site or to target advertising.
Cookies can be categorized either as first-party or third-party cookies. Our websites use both types of cookies:
  • First party cookies – First-party cookies are set directly by us, from the domain name of the website displayed in the URL window.
  • Third party cookies – Third-party cookies are cookies that are set by a domain name other than the one being visited by the user. For example, if we set a cookie on firstdata.com using a cookie from another domain name that we own or control, that cookie is a “third-party” cookie. Similarly, we may also permit our service providers or partners to set cookies directly on our website from their own domain name; these, too, are third-party cookies.
Our websites use the following types of cookies for the purposes set out below:  
Type of Cookie Purpose
Essential Cookies These cookies are essential to provide you with services available through our websites and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
Functionality Cookies These cookies allow our websites to remember choices you make when you use our websites. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-select your preferences every time you visit our websites.
Analytics and Performance Cookies These cookies are used to collect information about traffic to our websites and how users use our websites. The information gathered may include your computer or mobile device operating system type and version number, manufacturer and model, device identifier, browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on or in our websites, such as pages you accessed, how long you spent on a page, navigation paths between pages, information about your activity on a page, access times, and length of access.
Social Media Cookies These cookies are used when you share information using a social media sharing button or “like” (or similar) button on our websites or you link your account or engage with our content on or through a social networking website such as Facebook or Twitter. The social network will record that you have done this.
Targeted and advertising cookies These cookies track your browsing habits to enable third-party advertising networks to deliver ads that may be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests or browsing behaviors. Based on the cookies that the third-party advertising network sets on our websites and other sites, advertisers can display advertisements that may be relevant to your interests on our websites and while you are on third party websites. One particular form of advertising we may use includes a remarketing feature in Google AdWords to reach out to people who previously visited our website. Remarketing involves classifying users according to how they use our website and creating an audience segment for third-party vendors, including Google, to show our targeted ads on third party websites. For example, if you access our contact form to make an enquiry about a particular product on our website, you may receive information relevant to that product within a specific time of visiting our website. This could be in the form of an ad on the Google search results page, or on a site in the Google Display Network. In addition, you may opt out of the use of your browsing behavior for purposes of targeted advertising as described in the section titled “Online Behavioral Advertising” below.
  Your Choices Disabling Cookies You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” menus). Many browsers are set to accept cookies until you change your settings. To manage your cookies preferences on our website, please click the Cookies button located in the bottom right corner of your screen. If you do not accept our cookies, you may experience some inconvenience in your use of our websites. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our websites. Online Behavioral Advertising Some of the third parties that set cookies on our websites may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior for purposes of targeted advertising. Users may opt out of receiving targeted advertising on websites through participating members of the following organizations or programs: Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.   If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.   Cookies Disclosure Does Not Cover Third Party Websites   Please note that this cookies policy does not apply to, and we are not responsible for, the cookie practices of third party websites to which we may link from the website   Changes to the Cookies Disclosure   We may change this Cookies Disclosure at any time and we would encourage you to review the policy from time to time to stay informed of how we are using cookies.
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