Dated: December 2019
The following additional terms supplement the FMG Suite Terms of Service Terms of Service with regard to Local Search Services. Unless otherwise defined in this Service Attachment, capitalized terms will have the meanings given to them in the Agreement. This Service Attachment governs your subscription to the Company’s Local Search Services.
1 LOCAL SEARCH SERVICES
1.1 Third Party Partner. We use a third-party (the “Local Search Provider”) to provide our local search services as described at www.fmgsuite.com (the “Local Search Services”).
1.2 Disclaimer. The Local Search Provider expressly disclaims any express and implied warranties and excludes all liability to the fullest extent permitted under applicable law.
1.3 License. You hereby grant the Local Search Provider a license to use and distribute any and all business listings, logos, marks, materials and other content that you provide us or the Local Search Provider (the “Local Search Content”) in connection with the provision of the Local Search Services. You hereby grant the Local Search Provider the right to grant to its publisher partners nonexclusive, perpetual, irrevocable, royalty-free, unlimited use rights with respect to the Local Search Content, including, but not limited to, rights to publish and syndicate such Local Search Content.
1.4 Rights to Local Search Content. You hereby agree to only provide Local Search Content that (i) you own or (ii) to which you have obtained all rights and permissions necessary to grant all relevant rights and permissions to the Local Search Provider and its publisher partners.
1.5 Source of Record for Business Listings. You hereby appoint the Local Search Provider as the source of record for your business listing information.
1.6 Waiver of Class Action Claims Against the Local Search Provider. Where permitted under applicable law, you agree that you may only bring claims against the Local Search Provider only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless you or the Local Search Provider agree otherwise, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding against the Local Search Provider.
1.7 Third-Party Beneficiary. The Local Search Provider shall be an intended third party beneficiary to this Section of this Agreement.