Terms Of Service

These Terms of Service govern your use of findlocal.com text deals ("Text Deals") as a consumer. Your use of our site and our Text Deals service tells us you have read and agreed to these Terms of Service and our Privacy Policy. Tribune Interactive, Inc. ("TI") reserves the right to deny access to Text Deals to any person who violates these Terms of Service.

The Service. TI provides a Text Deals service through which consumers can sign up to receive coupons from local merchants (the "Merchants") via text messages. There is no fee for a consumer to register to receive Text Deals. Registrants, however, will be charged standard rates for text messages sent and received from their handset according to the terms and conditions in their wireless calling plans. Other carrier charges may apply; check with your carrier to determine other charges.

Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with Text Deals, including for example coupons, text, photographs, images, illustrations, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by TI, and/or the Merchants who provide coupons for distribution through Text Deals (the "Coupons"). You may use the Content only in connection with your mobile phone, and solely for your personal use, and you may download or print a single copy of any portion of the Content solely for your personal use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to Text Deals, you may do so provided you agree to cease such link upon request from Text Deals. No other use is permitted without prior written permission of Text Deals. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.

Coupon Use. You may not copy, sell, transfer, or assign any Coupon. You may not manipulate any Coupon in any way, and you agree to abide by all terms and conditions set forth on each Coupon. You may not engage in or aid and abet any form or coupon fraud or attempt to mislead any Merchant regarding the validity of a Coupon.

Registration. Registration is required to participate in Text Deals. You must be 18 or older to register, and you must be a U.S. resident residing in the 50 United States or D.C. If you register for Text Deals, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration (the "Registration Information") and to promptly update this Registration Information as needed so that it remains true, accurate, complete, and correct. All registrants must have a text messaging two-way capable handset and digital service in order to participate in Text Deals. Registrants will be sent a text message to confirm registration for Text Deals. Text STOP to quit. Text messaging and wireless service are not available in all areas; check with your carrier for availability. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access Text Deals using your name in whole or in part without our permission. You may not transfer your account with Text Deals or your member ID without our consent. If you believe someone has accessed Text Deals using your Registration Information without your authorization, e-mail us immediately at dealsupport@findlocal.com. If TI suspects or learns that you have committed coupon fraud with a Coupon or Coupons, TI will immediately terminate your Text Deals account and reserves the right to take whatever other means are necessary to protect its rights as well as those of its Merchants. Text Deals reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Use of Information by Text Deals. You acknowledge, consent and agree that Text Deals may preserve and disclose your Registration Information and the contents of your online communications if required to do so by law, or in a good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce the terms of these Terms of Service; (3) to render service you request; (4) to protect the rights or property of Text Deals, TI, the Merchants, and their third party suppliers and licensors; or (5) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.

Your Content Representations and Warranties. If you post, upload, or otherwise make content (other than your Registration Information) available to Text Deals ("Your Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to Your Content and the rights to provide it under these Terms of Service; and, (2) Your Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of Your Content is prohibited.

Your Content License. For all of Your Content, you grant Text Deals, its affiliates and related entities, including its affiliated newspapers, Web sites, and broadcast stations, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from Your Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize TI to share Your Content across all Web sites, newspapers, and broadcast stations affiliated with Tribune Company, to include Your Content in a searchable format accessible by users of Text Deals and other TI Web sites, to place advertisements in close proximity to Your Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any of Your Content you provide to Text Deals. You also grant TI the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial goods using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Your Content Screening and Removal. You acknowledge that Text Deals and/or its designees may or may not pre-screen Your Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any of Your Content for any reason, including without limitation that Your Content violates these Terms of Service or is otherwise objectionable.

Content Assumption of Risk. Text Deals cannot and does not monitor or manage all Content, and does not guarantee the accuracy, integrity, or quality of Content. All Content provided to Text Deals is the sole responsibility of the person who provided it. This means that you are entirely responsible for all of Your Content. To protect your safety, please use your best judgment when using Text Deals fora. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in listings you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.

Prohibited Content. You may not provide any of Your Content that:

is in violation of any local, state, federal, or foreign law or regulation;
you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material;
contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
is violative of the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for Seller’s use;
is discriminatory on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
harms minors in any way; or
violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.

Prohibited Activities You may not:

republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache;
distribute any Content to others, whether or not for payment or other consideration;
archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content;
decompile, reverse engineer or disassemble any software or other goods or processes accessible through Text Deals;
insert any code or manipulate the content of Text Deals in any way that affects the user’s experience;
copy, modify, or distribute Content from Text Deals;
harvest or otherwise collect information about users, including email addresses, without their consent;
interfere with any third party’s uninterrupted use of Text Deals;
use or attempt to use another’s Registration Account, password, service or system; or
disrupt, interfere with, or otherwise harm or violate the security of Text Deals, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Text Deals or affiliated or linked sites.

Suspension or Termination of Service. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted Content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Unsolicited Material and Ideas. Text Deals is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to Text Deals. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Text Deals and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.

Communications with Third Parties Through Text Deals. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the Merchants or the content of their Coupons. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party. Text Deals is not involved in the actual Coupon offering and has no control over and does not guarantee the quality, safety or legality of the Coupons or the goods and services for which they may be redeemed or items advertised, or the truth or accuracy of the Coupons, or that a Merchant will redeem a Coupon. Text Deals makes no warranties, either express or implied, regarding goods or serviced purchased with Coupons.

Errors in Coupons. On occasion, a Coupon may contain an error, including but not limited to an error in the terms of the Coupon offer. In such event, you agree Text Deals is not responsible for such errors or discrepancies.

Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Text Deals, in appropriate circumstances, to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights or to remove Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on Text Deals, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of your copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material you claim is infringing is located on the site (providing us with website URL is the quickest way to help us locate content quickly);
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Text Deals’ copyright agent can be reached as follows:

Copyright Agent, 435 N. Michigan Ave., 6th Floor, Chicago, IL 60611, 312-222-4653 (voice), 312-222-4206 (fax), dealsupport@findlocal.com

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT TEXT DEALS' COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the Contact Us section below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to Text Deals’ designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

an electronic or physical signature of the registered user;
a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a website URL is the quickest way to help us locate content quickly);
your address, telephone number, and e-mail address;
a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which Text Deals may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

General Disclaimer and Limitation of Liability. While Text Deals uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Text Deals does not represent or warrant that use of any Content will not infringe rights of third parties. Text Deals has no responsibility for actions of third parties or for content provided by others, including Your Content.

USE OF TEXT DEALS IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER TI, TEXT DEALS, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING TEXT DEALS, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH TEXT DEALS, INCLUDING THOSE GOODS AND SERVICES OFFERED BY MERCHANTS, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF TEXT DEALS OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES TEXT DEALS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. TEXT DEALS AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. IN NO EVENT SHALL TEXT DEALS OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TEXT DEALS OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity. You agree to indemnify, defend and hold harmless Text Deals and TI, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of Text Deals; (2) Text Deals’ and TI’s and Tribune Company’s use of Your Content or information you provide, as long as such use is not inconsistent with these Terms of Service; (3) information or material provided through your Registration Account, even if not posted by you; (4) any violation of these Terms of Service by you; and (5) from any claim arising from your use of a Coupon.

International Users. Text Deals is controlled, operated and administered by Text Deals from its offices within the United States. You should not register for Text Deals if you are not in the United States.

Release. If you have a dispute with one or more users, you release TI (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.

Notices. Notices shall be served on Text Deals, at 435 North Michigan Avenue, Chicago, Illinois or to the email address you provide to Text Deals during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Modifying these Terms. Text Deals reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of Text Deals after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.

Discontinuation of Service. Text Deals may modify, suspend, discontinue or restrict the use of any portion of Text Deals, including the availability of any portion of the Content at any time, without notice or liability. Text Deals may deny access to any Registered Member or other user at any time for any reason. In addition, TI or Text Deals may at any time transfer rights and obligations under these Terms of Service to any Tribune Company affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires TI, Text Deals or any of their assets.

Choice of Law. These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Text Deals must be filed in a federal or state court located in Chicago, Illinois.

Statute of Limitations. You agree to file any claim regarding any aspect of this site or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

No Class Actions. You agree no claim subject to these Terms of Service may be brought as a class action.

Severability. If for any reason any provision of these Terms of Service is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Terms of Service shall continue in full force and effect.

No Waiver. Any failure of Text Deals to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision.

Section Titles. The section titles used in these Terms of Service are purely for convenience and carry with them no legal or contractual effect.

Termination. In the event of termination of these Terms of Service for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Text Deals, and all other provisions for which survival is equitable or appropriate.

Conflicts. In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.

Contact Us. To contact Text Deals, please use the following address: