Terms of Use

I.  General

Yodle, Inc. and, its subsidiaries and affiliates (collectively “Yodle") provide you with access to this website at http://www.yodlemarketingsolution.com (the “Site”), to the services available on this Site, and to certain advertising and/or website hosting services, as further described below (collectively, the “Services”). Access to the Site and use of the Services is governed by these Terms of Use as may be modified by Yodle from time to time and by the Order Form and Customer Terms and Conditions, which is signed upon purchase of the Services. Your access and use of the Site and the Services will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. By accessing or using the Site or the Services, you indicate your assent to be bound by these Terms of Use.  If you do not agree to all of the terms and conditions contained in these Terms of Use, do not access or use the Site and Services.

II.  Services

Yodle provides internet advertising services through website development, monitoring and hosting (“adverSites”).  Customers can access information about their adverSites through a secure log in page located on the Site.  Yodle offers the following options, which may be changed from time to time:

(1) New adverSite: Customer chooses new adverSite URL (ex. philadelphiasmiles.com) as well as a personal adverSite URL (“PURL”) (ex. johnsonplumbingco.com). Company acquires domain name, designs and hosts the adverSite for Customer.
(2) Upgrade adverSite: Customer’s existing site is aesthetically enhanced. Customer chooses adverSite URL and then Customer transfers original URL to be hosted on Yodle servers and act as a PURL as described under New adverSite.
(3) Mirror adverSite: Customer retains a current website with its own URL separate from the adverSite. Yodle replicates Customer’s website on the adverSite URL.
(4) Third Party or Dynamic Mirror: Customer continues using Customer’s existing website and URL.  Yodle provides tracking systems, including phone and web tracking systems, to be imbedded on the existing URL to be used during the period of time purchased.

Requests for information about or quotes for adverSites and the Order Form may all be completed through the Site.

Yodle reserves the right to change any information, features and functions of the Services without prior notice. Yodle may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Yodle determines, in its sole discretion, violate these Terms of Use, the Order Form, the Customer Terms and Conditions, the rights of Yodle or any third party, or is otherwise inappropriate.

III.  Intellectual Property

All content on the Site, including but not limited to, designs, text, graphics, pictures, information, and their selection and arrangement (“Content”) are the property of Yodle or its licensors.  You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Content, the Site, any portions of the Site. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site.

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Yodle or other third parties. You are not permitted to use the Marks without the prior written consent of Yodle or such third party that may own the Marks. “Yodle”, the Yodle logo, “Get Found” and “adverSite” are trademarks of Yodle.

IV.  Links to Third Party Sites

The Site may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Yodle to you as a convenience and the inclusion of the links do not imply any endorsement by Yodle of any Linked Site. Yodle has no control of the Linked Sites and you therefore acknowledge and agree that Yodle is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site.

If Yodle suspects Click Fraud on your account from the partner sites, Yodle will submit this event to the pertinent partner site for investigation. If the partner site issues any refunds for such an event, Yodle will credit the customer back with the refund amount received from the partner site. Yodle will not be responsible for any refunds or credits to the customer if the partner site has not acknowledged click fraud and/or not issued the refund for the event”.

V.  Privacy

Yodle cares about the privacy of its customers and visitors to its Site and to any adverSite.  Yodle encourages you to read Yodle’s Privacy Policy before you use this Site.

VI.  Warranty Disclaimers

THE SITE IS PROVIDED BY YODLE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, YODLE MAKES NO WARRANTY THAT (i) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE QUALITY OF THE SITE OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED.

THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. YODLE MAY MAKE CHANGES TO THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE MAY BE OUT OF DATE, AND YODLE MAKES NO COMMITMENT TO UPDATE THE SITE.

VII.  Yodle’s Potential Liability is Limited

You agree not to hold Yodle, Yodle partners, directors, employees, advisors, investors or any other stakeholders liable for information, insight, claims, merchantability, offerings, or materials presented on this Site or through the Services. Furthermore you accept and acknowledge that Yodle is not liable for any disruptions in internet service, inadequate service or otherwise undesirable performance. If you are a customer who purchased any of the Services, you understand and acknowledge that business specifics may result in performance that is above or below customers who are similar to you.  Yodle shall not be responsible for any services provided by a third party.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL YODLE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF YODLE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YODLE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO YODLE WITHIN THE 6 MONTHS PRIOR TO THE EVENT THAT INCURRED THE LIABILITY. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO YODLE FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM YODLE REGARDLESS OF THE CAUSE OF ACTION.

For Customers who are attorneys and who have agreed to allow Yodle, Inc. to record certain phone calls to Customer in compliance with the Agreement separately entered into by Customer and Yodle, in which Customer agreed to purchase, and Yodle agreed to provide, certain advertising services (“Advertising Services”).  Please be advised that the recording of calls made to your law office may, in some circumstances, invalidate or limit the attorney/client privilege for such recorded call.  It is entirely Customer’s responsibility to investigate the effect of recording calls on attorney/client privilege for the purposes of Customer’s legal practice.  Customer hereby waives and releases, now and forever, any and all claims it may have against Yodle arising out of or in connection with any invalidation or limitation of attorney/client privilege resulting from Yodle’s recording of phone calls in providing the Advertising Services.

VIII.  Choice of Law, Waiver, and Claims

The Terms of Use, the Order Form and the Customer Terms and Conditions (the “Terms”) shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. Yodle’s failure to exercise or enforce any right or provision of the Terms will not be deemed to be a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

IX.  Arbitration

Any controversy or claim arising out of or relating to the Terms or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Philadelphia, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Yodle may seek any interim or preliminary relief from a court of competent jurisdiction in Philadelphia, Pennsylvania, as necessary to protect the rights or property of you or Yodle.

X.  Notice

You may direct any questions concerning these Terms of Use to:

Yodle.com.
589 8th Ave, 9th Floor,
New York, NY 10018

Updated: November 21, 2007