Terms of Service (“Terms”)

Last updated: October 22, 2020

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://barandrestaurantpodcast.com website (the “Service”) operated by Local480 Media LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be miss-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Local480 Media LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Local480 Media LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Local480 Media LLC.

Local480 Media LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Local480 Media LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Local480 Media LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall Local480 Media LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Local480 Media LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

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

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Website Privacy Policy

Local480 Media LLC

1900 W Chandler Blvd, Suite 15-424

Chandler, AZ 85224

hello@thelocal480.com

The last update to our Privacy Policy was posted on July 26, 2020. This document governs the privacy policy of our Website, BarandRestaurantPodcast.com . Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our Website.

Definitions

“Non-Personal Information” (NPI) is information that is in no way personally identifiable and that is obtained automatically when you access our Website with a web browser.

“Personally Identifiable Information” (PII) is non-public information that is personally identifiable to you and obtained for us to provide you with a product or service. PII may include information such as your name, address, phone number, credit card information, and other related information that you provide to us.

Our Commitment to Your Privacy

Our Privacy Policy tells you what PII we may collect from you, how we may share your PII, and how you can limit our sharing of your PII.

Local480 Media is committed to the security and privacy of all our customers. We take your privacy seriously, and we will work with you to ensure that you have an enjoyable online experience.

Local480 Media and our affiliates respect your privacy and recognize the need for appropriate protection and management of your PII you share with us.

Links to Other Websites

Our Website may contain links to other websites. You understand that these websites are not under our control and are not subject to our Privacy Policy. These websites will likely have their own privacy policies. We have no responsibility for these websites and provide links to these websites solely for your convenience.

You acknowledge that your use and access of these websites is solely at your own risk. It is your responsibility to check the privacy policies of these websites to see how they treat your personal information.

Information We Collect

Generally, you control the amount and type of information you provide to us when using our Website. As a visitor to our Website, you can browse our Website to find out more about us. You are not required to provide us with any PII as a Visitor.

However, if you register as a Member to use our Website, you must provide PII in order for us to provide you with various features and/or functionality from our Website. As a Member, we collect your PII in the following ways:

At Member Registration

When you register for membership, we collect your name and email address {and other information listed}.

Online Forms

There may be online forms used in our Website. The information you enter into these online forms may contain PII.

Mobile Application

If you use our mobile application, you may have to provide PII in order to use it.

Premium Features

Our Website may offer premium features for which you must pay to use. If we were to charge you for the use of these premium features, we would need to collect payment source information (i.e. credit card) to bill you for using such premium features.

Computer Information Collected

When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered NPI. We may also collect any of the following:

Cookies

Our Website uses “Cookies.” A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to identify the areas of our Website that you have visited. We may also use Cookies to identify you as a Member so that you can access various parts or features of our Website. Finally, we may use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access features on our Website correctly or at all. We never place PII in Cookies.

Web Beacons

We may also use a technology called, web beacons, to collect general information about your use of our Website and your use of special promotions or newsletters. The information we collect by Web Beacons allows us to statistically monitor the number of people that open our emails. Our Web Beacons are not used to track your activity outside of our Website. We do not link NPI from Web Beacons to PII without your permission.

Automatic Information

We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you’re headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.

Google Ad and Content Network Privacy Policy

Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following link:

https://www.google.com/policies/technologies/ads

Google Analytics Privacy Policy

Our website uses “Google Analytics” to collect information about the use of our site. Google Analytics collects information such as how often users visit our site, what pages they visit when they do so, and what other sites they used prior to coming to our site. We use the information we get from Google Analytics to improve our site. Google Analytics collects only the IP address assigned to you on the date you visit our site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our site is restricted by the Google Analytics Terms of Use.

https://www.google.com/analytics/terms/us.html

You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

https://tools.google.com/dlpage/gaoptout

How Information is Used

We use the information we receive from you as follows:

Providing and Improving Our Website

We may use the PII you provide to us along with any computer information we receive to provide our Website to you as well as to make improvements to it.

Communications and Email Alerts

When we communicate with you about our Website, we will use the email address you provided when registering as a Member. We may also send you Website alerts regarding your use of our Website. Finally, we may also send you emails with promotional information about our Website or offers from us or our affiliates, unless you have opted out of receiving such information. You can change contact preferences at any time through your account. While you can opt-out of promotional messages, you cannot opt-out of receiving Website alerts.

Sharing Information with Affiliates and Other Third Parties

We do not sell, rent, or otherwise provide your PII to third parties for marketing purposes. However, we may use your Non Personal Information for data aggregation purposes which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PII. We may provide your PII to affiliates that provide services with regards to our Website (i.e. payment processors, webhosting companies, etc.); such affiliates will only receive information necessary to provide the respective Websites and will be bound by confidentiality agreements limiting the use of such information.

Community Discussion Boards

Our Website may offer the capability for Users to communicate with each other through online Community Discussion Boards. We do not filter or monitor what is posted on such discussion boards. If you chose to post on these discussion boards, you should use care when exposing any PII as such information is not protected by our Privacy Policy nor are we liable should you choose to disclose PII through such postings.

Legally Required Releases of Information

We may be legally required to disclose your PII, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, our Users, employees, and affiliates.

Disclosures to Successors

If our business is acquired or merges, in whole or in part, with another business that would become responsible for providing the Website to you, we retain the right to transfer your PII to the new business. The new business would retain the right to use your PII according to the terms of this Privacy Policy as well as to any changes to this Privacy Policy as instituted by the new business.

Protecting the Privacy Rights of Third Parties

We believe in everyone’s right to privacy. If any postings you make to our Website contain information about third parties, you need to make sure you have permission to include them in your posting. While we are not legally liable for the actions of our Users, we will remove any postings for which we are notified that such postings violate the privacy rights of others.

Changing Your Information

You may change your PII at any time using facilities found on our Website. If you need assistance with updating your PII or removing yourself from our mailing lists, just send us an email with your request or contact us using the Contact us information found on our Website.

Opting Out of Sharing Information

You can always opt out of future unaffiliated third-party disclosures of your information. Such opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates, (ii) disclosures to third-party service providers who provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments or otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.

“Do Not Track” Settings

Some web browsers have settings that enable you to request that our Website does not track your movement within our Website. Our Website does NOT obey such settings when transmitted to and detected by our Website. However, this does not change our compliance in any other way with our Privacy Policy.

Change and turn off tracking features in your browser. You can turn off tracking features and other security settings in your browser by visiting the following links:

For Internet Explorer visit: https://goo.gl/0taI7I

For Mozilla Firefox visit: https://goo.gl/IKxt9l

For Google Chrome visit: https://goo.gl/NQIkqE

For Safari visit: https://goo.gl/7XCOzL

Google Analytics Opt-out Browser Add-on. Google provides a free add-on to most major browsers that you can install to prevent your data from being collected and used by Google Analytics.

Visit the following link to download the free Google Opt-out Add-on Tool:

https://goo.gl/Ls82zv

Protecting Your Child’s Privacy

We follow the Children’s Online Privacy Protection Act (COPPA). Even though our Website is not designed for use by anyone under the age of 18 (child), we realize that a child may attempt to access our Website. We do not knowingly collect PII from a child. If you are a parent or guardian and believe your child is using our Website, please contact us. We may ask for proof of identification before we remove any information to prevent malicious removal of account information. If we discover on our own that a child is accessing our Website, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. You acknowledge that we do not verify the age of our users nor do we have any liability to do so. If you are a child, please seek the permission of a parent or guardian before accessing our Website.

Our Email Policy

We comply with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission except in the sale or transfer of our business.

Our Security Policy

We have taken steps to build our Website using sophisticated encryption and authentication tools to protect the security of your PII. When we collect your PII through our Website, we will encrypt your PII before it travels over the Internet using industry standards as establishing for conducting secure online transactions. We also use industry standard technologies such as secure routers and fire walls to make sure that your PII is safe. Unfortunately, we cannot fully guarantee secure data transmission over the Internet because of its nature.

Once we receive your PII, we have industry standard security measures in place to protect against the loss or misuse of your PII, though again, we cannot fully guarantee against such loss or misuse. We strongly urge you to protect any password you may have for our Website and not share it with anyone. You should always log out of our Website when you are done using it, especially if you are sharing a computer with someone else or are using a computer in a public place.

Use of Credit Cards

You may have to provide a credit card to buy products and services from our Website. We use third-party billing services and HAVE NO CONTROL over these services. We use our commercially reasonable efforts to make sure that your credit card number is kept STRICTLY CONFIDENTIAL by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.

Changes to Our Privacy Policy

We reserve the right to change this privacy policy at any time. If our company decides to change this Privacy Policy, we will post those changes on our website so our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your personally identifiable information in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email on file in your account). Otherwise, we will use and disclose our users’ and customers’ personally identifiable information in agreement with the Privacy Policy that was in effect, when their information was collected. In all cases, your continued use of our website or our services and products after any change to this Privacy Policy will constitute your acceptance of such change.

Questions about Our Privacy Policy

If you have any questions about our Privacy Policy, please contact us via email.