Terms & Conditions
Terms & Conditions
30-DAY REFUND & EXCHANGE POLICY
Kirk Marketing Solutions LLC upholds a strict 30-DAY REFUND policy on all subscriptions, services and products. All products are sold “as is”. You assume the responsibility for your purchase. You may additionally cancel any ongoing subscription(s) at any time by notifying North Fulton Local App in writing within 10 days prior to the next proceeding scheduled subscription payment. No refunds will be issued to purchases in excess of 30 days old.
CANCEL SUBSCRIPTION AT ANYTIME
No Monthly Contracts policy to our customers. We are so certain you will be pleased with our product and support, that we have NO monthly contracts. You may additionally cancel any ongoing subscription(s) at any time by notifying North Fulton Local App in writing within 10 days prior to the next proceeding scheduled subscription payment.
North Fulton Local App™ is a product of Kirk Marketing Solutions LLC and is a United States corporation physically located at 300 Colonial Center Parkway, Suite 100, Roswell, Georgia 30076, United States
Our email for all support questions and concerns is support-at-Nflocalapp.com.
TERMS OF SALE AGREEMENT
KIRK MARKETING SOLUTIONS LLC™ ("NORTH FULTON LOCAL APP") IS WILLING TO SELL TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT" YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN NORTH FULTON LOCAL APP™ IS UNWILLING TO SELL TO YOU, AND YOU SHOULD SELECT THE "DECLINE" BUTTON AND THE REGISTRATION WILL NOT CONTINUE.
1. Parties. The parties to this Agreement are you, and the owner and operator of this Nflocalapp.com web site, Kirk Marketing Solutions LLC™ ("North Fulton Local App"). If you are not acting on behalf of yourself as an individual, then "you" means your company or organization. All references to "us", "this web site" or "this site" shall be construed to mean North Fulton Local App™.
2. Purchase of Goods; Other Documents. North Fulton Local App™ agrees to sell, and you agree to purchase and/or subscribe to, goods (meaning both virtual and/or physical) from this site, subject to the terms and conditions hereof. Orders are not binding upon North Fulton Local App™ until accepted by North Fulton Local App™. Other than as specifically provided in any separate formal purchase or subscription agreement between you and North Fulton Local App™, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for goods which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and North Fulton Local App™.
3. Eligibility. North Fulton Local App™ orders are not available to minors under the age of 18 years of age. Additionally, users are prohibited from selling, trading, or otherwise transferring your North Fulton Local App™ account to another party.
4. Custom Duties and/or VAT Taxes. If you live in a jurisdiction that requires custom duties and or VAT taxes to be collected agree, that unless custom duties and taxes are collected by this site at the point of sale, you remain responsible for the payment of custom duties and VAT taxes at the time of delivery. If North Fulton Local App™ is charged with custom duties or VAT taxes, you authorize North Fulton Local App™ to charge you for (i) such duties and/or VAT taxes, or (ii) for the return of goods if they are refused at the point of destination.
5. Resale Prohibition. Resale of goods purchased from this site is prohibited. This resale prohibition is a material condition to your rights under this Agreement, and it is agreed that any direct or indirect distribution, transshipment and/or sale of items purchased from this site, or others purchasing through you, will be a material breach of this Agreement, and will result in irreparable harm to North Fulton Local App™ for which money damages will not be adequate. In the event of such breach, the parties agree that North Fulton Local App™, in addition to any other remedies it may have at law and/or in equity, will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this provision.
6. Price Quotes; Pricing. Any price quotations provided on this site shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day North Fulton Local App™ accepts the order. Item prices shall be identified on the on-line order form at the time of your order placement. North Fulton Local App™ may change item prices and/or subscription renewal amounts at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes.
7. Shipping And Handling Charges; Taxes. Separate charges for shipping and handling will be shown on our e-mail order confirmation. You will responsible for sales and all other taxes associated with your order, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on our e-mail order confirmation.
8. Payment Terms. Terms of payment are within North Fulton Local App's sole discretion, and unless otherwise agreed to by North Fulton Local App™ in a signed written document, payment must be made in a manner approved by this site and received by North Fulton Local App™ prior to North Fulton Local App's acceptance of an order.
9. Ownership; Risk of Loss. Except for software and/or digital content, title to goods purchased at this site under this Agreement passes from North Fulton Local App™ to you on shipment from North Fulton Local App's facility. Loss or damage that occurs during shipping by a carrier selected by North Fulton Local App™ shall be North Fulton Local App's responsibility. Loss or damage that occurs during shipping by a carrier selected by You is Your responsibility. Title to software and/or digital content will remain with the applicable licensor(s).
10. Return/Refund Policy. Kirk Marketing Solutions LLC upholds a strict 30-DAY REFUND policy on all subscriptions, services and products. All products are sold “as is”. You assume the responsibility for your purchase. You may additionally cancel any ongoing subscription(s) at any time by notifying North Fulton Local App in writing within 10 days prior to the next proceeding scheduled subscription payment. No refunds will be issued to purchases in excess of 30 days old.
11. Limited Warranty For North Fulton Local App™-Branded Items; Limitation of Liability. North Fulton Local App™ provides a limited warranty only for North Fulton Local App™-branded items purchased at this site. North Fulton Local App™ makes no warranty for non-North Fulton Local App™-branded items purchased at this site; warranties for these items, if any, will be from the suppliers of these items and will be included with the item's packaging. You may review our limited warranty for North Fulton Local App™-branded items at https://www.Nflocalapp.com prior to making your decision to order items from this site. Such limited warranty statement shall constitute North Fulton Local App™'s sole warranty for North Fulton Local App™-branded items purchased on this site. Consult the applicable limited warranty statement for eligibility and claim procedures. North Fulton Local App™ reserves the right to modify the terms of its limited warranty statements at any time, in its sole discretion, and such modifications shall be applicable to future sales of such items from and after the effective date of the modified limited warranty statement. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED ABOVE, NORTH FULTON LOCAL APP™ PROVIDES THE ITEMS AT THIS SITE "AS-IS" AND PROVIDED WITH ALL FAULTS. NORTH FULTON LOCAL APP™ MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NORTH FULTON LOCAL APP™ SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, THAT THIS SITE HAS NO CONTROL OVER THE INTERNET, AND THAT THIS SITE IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THIS SITE'S SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some states do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific rights, and You may have other rights which vary from state to state.
12. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
13. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Fulton County, and may be conducted by telephone or online by mutual agreement of the parties. The arbitrator shall apply the laws of the Georgia to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
14. Jurisdiction And Venue. The courts of Fulton County in the Georgia, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
15. Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. Notwithstanding anything to the contrary contained herein, if either party is unable to perform hereunder for a period of thirty (30) consecutive days, then the other party may terminate this Agreement immediately without liability by ten (10) days written notice to the other.
16. Miscellaneous. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the Georgia, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language.
MOBILE USER GENERATED CONTENT
- Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all North Fulton Local App Content.
- Screening User Content. North Fulton Local App offers end users the ability to submit User Content to or transmit User Content through the Service. North Fulton Local App does not pre-screen any User Content, but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. North Fulton Local App does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will North Fulton Local App be liable in any way for any User Content.
- Licenses to User Content. While you retain ownership of any rights you may have in your User Content, you hereby grant North Fulton Local App an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “ Use”) all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting North Fulton Local App and the Service; (ii) displaying and sharing your User Content to other users of the Service; and (iii) providing the Service as authorized by this EULA. You further grant North Fulton Local App a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. Any User Content posted by you to or through the Service or transmitted to North Fulton Local App will be considered non-confidential and non-proprietary, and treated as such by North Fulton Local App, and may be used by North Fulton Local App in accordance with this EULA without notice to you and without any liability to North Fulton Local App.
- You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your Posting your User Content on the Service.
- Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
- Objectionable Content. You agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of any applicable laws (including laws related to speech); or (ii) promoting any product, good, or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide) (collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against such third party claims. If you encounter any Objectionable Content on the Service, then please immediately email Support at North Fulton Local App .com. North Fulton Local App in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service.
EULA “End User License Agreement”
This copy of North Fulton Local App ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Kirk Marketing Solutions LLC or its subsidiaries, affiliates, and suppliers (collectively "North Fulton Local App") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE MOBILE APPLICATION PRODUCT OR BY INSTALLING, USING THE ONLINE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE MOBILE APPLICATION SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, OR USE THE MOBILE APPLICATION SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of North Fulton Local App, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Limited Software Product Warranty
For a period of 30 days from the date of shipment or from the date that you download the Software Product, as applicable, North Fulton Local App warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY NORTH FULTON LOCAL APP, NORTH FULTON LOCAL APP MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
North Fulton Local App makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. North Fulton Local App makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. NORTH FULTON LOCAL APP WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL NORTH FULTON LOCAL APP, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF NORTH FULTON LOCAL APP OR ANY OTHER PARTY, EVEN IF NORTH FULTON LOCAL APP IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS NORTH FULTON LOCAL APP'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of North Fulton Local App. North Fulton Local App reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If North Fulton Local App is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by North Fulton Local App to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold North Fulton Local App harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Georgia, without regard to Georgia's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Effective Date: August 6, 2021
To review material modifications and their effective dates scroll to the bottom of the page.
4. How We Treat Postings To This Site (Blog, Forum, or Chat Room).
4.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
4.2 We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
4.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
5. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9. DMCA Notice. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Kirk Marketing Solutions LLC™
300 Colonial Center Parkway, Suite 100, Roswell, Georgia 30076
Agent's Name/Email Address: support-at-Nflocalapp.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10.Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIRK MARKETING SOLUTIONS LLC™ IS NOT RESPONSIBLE FOR BUSINESS OR CONSUMER POSTED CONTENT VIA BLUETOOTH DEVICE BROADCASTS, OR VIA GPS OR LOCATION BASED AD CONTENT. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
14.Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
15.Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Kirk Marketing Solutions LLC™
300 Colonial Center Parkway, Suite 100, Roswell, Georgia 30076
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
16.Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Fulton County, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Georgia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
18.Controlling Law. This Agreement shall be construed under the laws of the Georgia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19.Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
20.Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
No Modifications since August 6, 2021:
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- Subjective Subject Matter Disclaimer For Single Author; No Obligation to Update Information.
The information presented herein represents the view of the author as of the date of publication. Because of the rate with which conditions change, the author reserves the right to alter and/or update his opinion based on the new conditions, and the author is not obligated to update this information.
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Everything posted on this site are views of others and have either been submitted to us, or found on the Internet and published as a fair use. The views expressed on this site are solely those of 3rd party authors and do not in any way reflect our views. This site is solely a provider of useful articles and hereby disclaims all liability for any damages or injury or other harm arising from this website. We are not obligated to update any information attributable to 3rd party authors.
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This site and the information provided herein is for informational purposes only, and no investment, tax, legal, insurance advice is intended or given. Nothing on this site should be construed to be (i) an offer to sell or a solicitation to purchase a security, or (ii) a recommendation regarding any security. Information in videos, articles, and blog posts on this site that discuss specific securities is general in nature, is not tailored to the investment needs of any particular person, and should not be relied upon without independent verification. Information in videos, articles, and blog posts on this site may affect the market prices of the securities discussed. Investment decisions are subject to certain risk factors that may not be discussed completely, or at all, on this site. We believe that any performance data provided on this site is provided from sources we deem to be reliable; however, we do not guarantee the accuracy or completeness of any such data. You should verify any such data through your own sources.
Your Investment decisions and strategies should be determined solely by you in the exercise of your own judgment based on your unique investment objectives and financial circumstances. If you need professional advice, you should consult your own professional advisors.
4. Disclaimer Re Investment in Penny Stocks.
We are in the business of marketing and advertising high risk companies known as "penny stocks" or "micro-caps" through the internet and other media for monetary compensation. This compensation may be provided by the companies themselves who are profiled or by third party entities who are promoting the companies that are profiled. As such, our opinion about companies that we profile is neither unbiased nor independent and you should consider that fact when evaluating any of the companies profiled. Do not base any investment decision upon any materials found on this website or in our email or other marketing/advertising materials. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission (the "SEC") or with any state or provincial securities regulatory authority. We are neither licensed nor qualified to provide investment advice.
5. Disclaimer; No Obligation For Tax Preparation Software.
When using and applying the information generated by our software, you alone are responsible for ensuring that you comply with the applicable requirements of federal and state law. You are solely responsible for the content and accuracy of all reports and documents prepared in whole or in part by using our software. You acknowledge that your use of using our software does not release you of your obligations concerning the preparation and review of such reports and documents. You acknowledge that you do not rely upon our software for any advice or guidance regarding compliance with federal and state laws or the appropriate tax treatment of items reflected on such reports or documents. You acknowledge that you will review any calculations made by using our software and satisfy yourself that all calculations are correct.
6. Disclaimer; Information Is Not a Consumer Report.
We are not a consumer reporting agency and data provided by us does not constitute a consumer report as that term is defined in the Fair Credit Reporting Act (FCRA), 15 U.S.C.A. sec 1681 et seq. Before using any data obtained from any source as a factor in establishing a consumer's eligibility for credit, insurance or employment, you should consult with your attorney for uses that might be regulated by FCRA.
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This site is not intended to create an attorney-client relationship, and no attorney-client relationship will be created or legal advice given through your use of this site, its services and content. No special relationship or privilege exists between you and this site. You will be representing yourself in any legal matter you undertake as a result of your use of this site, its services and content. This site provides (i) articles, newsletters, and content for informational purposes only, and (ii) an automated software system using rule-based document assembly technology as a tool for persons to prepare their own legal documents. In the process of providing this information, this site is engaged in the publication of information regarding legal issues commonly encountered. This site is not a substitute for the advice of an attorney. This site does not review any of your answers to questions for sufficiency, provide legal advice, or analyze applicable law and apply it to your specific requirements. Accordingly, if you need legal advice for a specific issue, or if your specific matter is too complex to be addressed by our automated software tool, you are advised to seek the advice of an attorney.
8. Disclaimer By Website Developer; No Responsibility For Website Legal Compliance.
You agree to assume sole responsibility for website legal compliance. Your responsibility is to employ an attorney to represent you to in connection with legal compliance for your website and to manage your exposure to legal liability. We will work with your attorney to incorporate your advertising claims, legal notices, disclaimers, and agreements into your website, but we are not responsible for, and will not provide you with advertising claims, legal notices, disclaimers, or agreements, or any advice in the nature of legal advice.
9. Disclaimer For Licensing For Auctions.
You assume sole responsibility for compliance, any and all required licensing, education, bonding and other requirements regulating auctions. We assume no responsibility for compliance with any laws or regulations regarding auctions.
10. Disclaimer For Blog Posts by Others.
We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post "success story" or "best-case" scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.
11. Disclaimer Regarding Diets and Restaurant Recommendations.
We do not guarantee that any recommendation will meet your diet requirements, or that any reference to any food, beverage, or restaurant will match the description provided by us. We do not assume any liability for any adverse reactions to food or beverages, or restaurants recommended. Each user is solely responsible for determining his/her food and beverage choices.
12. Disclaimer Re Health and Rehabilitation
We provide guidance and clarification for rehabilitation prescriptions provided over the Internet and by other materials available on our website. This information and these materials are intended only to assist a licensed physician, chiropractor, physical therapist, certified athletic trainer, or other appropriately certified professional's physical rehabilitation recommendation efforts. We are not a medical organization and cannot give you medical advice or diagnosis conditions. If you experience any pain or discomfort, or if you have a change in medical condition, you should immediately seek appropriate medical attention.
13. Exercise Disclaimer
Not all exercise is suitable for everyone. To reduce the risk of injury, consult your doctor before beginning this or any exercise program. The instruction presented herein is in no way intended as a substitute for medical counseling. If you have had a joint replacement or if you have osteoporosis, or any other special medical condition, follow all precautions.
14. Diet Disclaimer
This website is not a substitute for medical advice. If you are beginning a health or weight control program, consult your physician before using products or services discussed on this website, or making any other dietary changes. All of the information provided in and through this website is intended solely for general information and should not be relied upon for any particular diagnosis, treatment, or care. Statements made on this website have not been evaluated by the U.S. Food and Drug Administration or any other government regulatory body.
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The products sold on this site are not intended to diagnose, treat, cure, or prevent any disease. Although available as a dietary supplements, our products have not been approved by the food and drug administration (FDA) for human or veterinary use at this time.
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The information provided on this website is deemed reliable but not guaranteed. You should verify all information through personal inspection and appropriate professionals. Information regarding real estate for sale on this website is provided in part from a cooperative data exchange program of the pertaining county(s) herein, and the applicable multiple listing service(s). The information is for the personal, non-commercial use of the customers and/or clients of this website and may not be used for any purpose other than to identify prospective properties for possible purchase. All other use is strictly prohibited and may violate relevant federal and state law. Listings displayed on this website may be subject to prior sale or removal from sale; availability of any listing should always be independently verified.
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NO PURCHASE IS NECESSARY FOR SWEEPSTAKES INVOLVEMENT. User understands that Apple nor Google nor any of its subsidiaries are in any way involved in any Sweepstakes, or Giveaways, or Contests that may or may not be offered within this platform. When you choose to enter a sweepstakes, contest, or other promotion, and in accordance with the terms and conditions of the promotions, your Personal Information and Usage Data may be disclosed to our sponsors and to third parties who help administer the promotion, including in connection with winner selection prize fulfillment and aggregated data analysis. Your Personal Information and Usage Data also may be disclosed as required by law, such as on a winners list. Further, by entering a promotion, you are agreeing to the official rules that govern that promotion, including allowing our sponsors to use your name, voice, and likeness in advertising and marketing associated with the promotion in accordance with applicable law. All terms applicable to the particular promotion will be made available to you at the time you enter the promotion.
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NORTH FULTON LOCAL APP™ is a registered mark of Kirk Marketing Solutions LLC™ - all other trademarks are the property of their respective owners.
Special Disclaimer: KIRK MARKETING SOLUTIONS LLC™ IS NOT RESPONSIBLE FOR CONTENT POSTED BY BUSINESS'S OR CONSUMERS TO ANY MARKETING MATERIAL WHETHER DIGITALLY DELIVERED OR PRINTED.
North Fulton Local App™ is a product of Kirk Marketing Solutions LLC and is a United States corporation physically located at 300 Colonial Center Parkway, Suite 100, Roswell, Georgia 30076, United States
Our email for all support questions and concerns is support-at-Nflocalapp.com.
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4.Statements or examples of actual earnings on this website that are attributed to a specified individual or business are true and correct, and we will verify them upon request and also provide statements of expected typical results (email compliance-at-Nflocalapp.com); however, these statements or examples should not be viewed as promises or guarantees of earnings or income. Earnings and income potential are affected by a number of factors over which we have no control, including but not limited to your financial condition, talent, skills, level of effort, motivation, past experience and education, your competition, and changes within the market.
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7.For the foregoing reasons, you agree that we are not responsible for any decision you may make regarding any information presented on this website or any of the services and/or products presented on this website.
Kirk Marketing Solutions LLC™
Attn: Terms and Conditions
300 Colonial Center Parkway, Suite 100, Roswell, Georgia 30076