Terms of Use

Welcome to Local Marketing Institute! We are a subscription service that provides our members and non-members with access to training and information for local businesses. These terms and conditions govern your use of our services. As used in these Terms of Use, “Services” means this website, email and social media communications, in-person communications, and other user interfaces provided by Local Marketing Institute (“LMI”).

Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy (www.localmarketinginstitute.com/privacy), govern your use of our Services. By using, visiting or browsing LMI Services, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use LMI Services.

Changes to Terms of Use

LMI may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provide however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

Privacy

Personally identifying information is subject to our Privacy Policy (www.localmarketinginstitute.com/privacy). Please review our Privacy Policy to understand our practices.

Communication Preferences

When you make a purchase, register for something free, or otherwise provide your email address on the LMI Services, you consent to receive email communications from LMI relating to your account or to fulfill your transaction (e.g. payment authorization, change in password, confirmation emails, etc.). Such transactional emails are part of your relationship with LMI and you agree that any such emails will satisfy any legal communication requirements, including that such communications be in writing.

You further consent to receiving other, non-transactional email communications from us, such as newsletters, customer surveys, or promotional offers. If you no longer want to receive these non-transactional communications, simply use the “Email Preferences” link at the bottom of any email that we send and opt out. Please review our Privacy Policy (www.localmarketinginstitute.com/privacy) for further detail.

Membership and Free Trials

Your LMI membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the LMI Services. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

Your LMI membership may start with a free trial. The free trial period of your membership lasts for 30 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. LMI reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.

Billing and Payment Methods

By starting your LMI membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the LMI service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate.

You may edit your Payment Method information by logging in our website, clicking the “Members” section, and then clicking the “My Account” link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Cancellations and Refunds

You may cancel your LMI membership at any time, and you will continue to have access to the LMI Services through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS, UNUSED TRAINING OR OTHER MEMBER BENEFITS. To cancel, log in to our website, click the “Members” section, then click the “My Account” link and follow the instructions for cancellation.

Passwords and Account Access

You are considered the “Account Owner” and have access and control over your own account. Control over your account is exercised through use of the Account Owner’s password. To maintain exclusive control, the Account Owner should use a strong password and not reveal the password to anyone else. In addition, the Account Owner should not reveal details about the Payment Method associated with their account (e.g. last four digits of your credit or debit card, or PayPal email address), nor give access to the email account associated with the Account Owner’s account on LMI.

Limitations on Use

You must be 18 years of age, or the age of majority in your province, territory or country, to use the LMI Services. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

The LMI Services, and any content delivered through our services, are for your personal and non-commercial use only. During your LMI membership, we grant you a single, limited, non-exclusive, non-transferable, license to access the LMI membership area. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the LMI Services for public or corporate display.

Intellectual Property

You acknowledge and agree that all content and materials available through the LMI Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of LMI. For information on requesting such permission, please contact us at support@localmarketinginstitute.com.

Trademark Information

“Local Marketing Institute” and the Local Marketing Institute logo are trademarks of Local Marketing Institute LLC. In countries where these trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, LMI claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to by LMI may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of LMI or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact Local Marketing Institute, 1298 Main St. #A, Windsor, CO 80550, to request written permission to use trademarks, indicia of origin and materials or for all other questions relating to LMI. All rights not expressly granted are reserved.

Third-Party References and Links

The LMI Services may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of us, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.

Information You Submit

You hereby warrant that any information you submit to the LMI Services is owned by you, or that you may legally submit such information, and have the necessary authority to submit such information. You hereby grant LMI a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to us.

You further agree that you shall not submit or transmit any content to the LMI Services that is:

  • Obscene, vulgar, or pornographic;
  • Encourages the commission of a crime or violation of a law;
  • Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
  • Infringes the intellectual rights of a third party;
  • Is otherwise offensive or inappropriate based upon the type of content and information provided by us and/or third parties on this web site.

We reserve the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in our sole discretion, without liability or warning to you.

We reserve the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold us harmless from any consequences or actions taken by us in cooperation with such law enforcement investigation or court order.

Earnings Disclaimer

Use of the LMI Services is not to be interpreted as a promise or guarantee of earnings. You agree and understand that LMI is not responsible for your success or failure and makes no representations or warranties of any kind whatsoever that the LMI Services will produce any particular result for you.

Disclaimers of Warranties and Limitations on Liability

THE LMI SERVICES AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LMI SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LMI DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE LMI SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LMI AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT PROVIDED ON THE LMI SERVICES IS ACCURATE, RELIABLE OR CORRECT. YOUR USE OF THE LMI SERVICES IS SOLELY AT YOUR RISK.

UNDER NO CIRCUMSTANCES SHALL LMI, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE LMI SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO LMI FOR PRODUCTS OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to this web site and supersedes all prior or contemporaneous communications between you and us with respect to this web site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado. You hereby consent to binding arbitration in the State of Colorado to resolve any disputes arising under these Terms and Conditions.

Contacting Us

If you need to contact us, please email support@localmarketinginstitute.com or send us a letter at: Local Marketing Institute, 1298 Main St. #A, Windsor, CO 80550.

Last Updated: 12/21/2015