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Legal · Terms of Service

The Move In — Terms of Service

Effective: May 26, 2026

1. Acceptance & Eligibility

The Move In is a printed direct-mail community newsletter operated by LocalBurst Holdings LLC, a Virginia limited liability company ("LocalBurst," "we," "us"). These Terms of Service ("Terms") govern your purchase and use of The Move In sponsorship products and the optional CSV add-on (together, the "Service").

You accept these Terms by checking the acceptance box at checkout. Acceptance is also implied by submitting payment or otherwise using the Service.

If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business, and "you" and "your" in these Terms refer to that business. The individual clicking the checkbox is acting as an authorized signatory; the business is the contracting party.

To purchase the Service, you must:

  • Be at least 18 years old and able to enter into legally binding contracts in your jurisdiction.
  • Operate a legitimate business that complies with applicable U.S. federal, state, and local laws.
  • Operate within or serve customers in one of the geographic zones LocalBurst publishes at the time of your purchase. Zones are listed on our website and may change over time.

If you do not agree to these Terms, do not check the acceptance box, do not submit payment, and do not otherwise use the Service.

2. What you're buying

The Move In is a printed community resource newsletter mailed by U.S. Postal Service to newly-pending households in each published zone, timed to arrive around their move-in. Sponsorship gives you a placement inside that newsletter on a recurring basis.

Sponsorship tiers. We offer three sponsorship tiers, each described on our website at the time of your purchase. In summary:

  • Featured — Logo, offer line, and QR code on a top inside panel. Limited slots per zone.
  • Standard — Business name, offer line, and contact info on an interior panel. Limited slots per zone.
  • Directory — Compact directory listing with business name, category label, and contact info. Limited slots per zone.

Exact prices, slot counts, and placement details for each tier are shown at checkout and are the binding specification for what you receive.

CSV add-on (optional). Separately or alongside a sponsorship, you may purchase the CSV add-on, which delivers a list of newly-pending homes in your zone twice per week (Mondays and Thursdays) via email. The CSV add-on includes property and listing details intended for direct marketing and listing-agent outreach. The CSV add-on is governed by additional use restrictions described in Section 7.

What sponsorship is not. You are purchasing a printed placement in a recurring publication. You are not purchasing:

  • A guarantee of specific leads, calls, customers, or revenue.
  • A list of homeowner phone numbers, addresses, or other personally identifying information (those are not delivered as part of the sponsorship product — only the CSV add-on includes any data about homeowners, and that data is subject to Section 7's restrictions).
  • Editorial control over content other than your own placement.
  • Exclusive distribution rights, partnership status, endorsement, or affiliation with LocalBurst beyond appearing as a paid sponsor.

The Service is a sponsorship and advertising product. Outcomes from sponsorship — including the number of responses you receive, the revenue you generate, or the goodwill you build — depend on factors outside our control, including the quality of your offer, your category, market conditions, and recipient behavior. We make no warranty as to any specific outcome.

3. Term, billing, and renewal

Term. Each sponsorship and each CSV add-on subscription is sold as a three-month term. The term begins on the date your payment is successfully charged (the "Start Date") and ends three calendar months after the Start Date (the "Renewal Date").

Billing. The full price of the three-month term is charged in one payment at the Start Date, and again at each Renewal Date if the subscription is still active. Prices shown on our website as a monthly figure (e.g., "$99/mo") are for illustration; the actual charge is the quarterly total (three times the monthly figure). The exact amount and billing schedule are displayed at checkout before you submit payment.

Auto-renewal. Sponsorships and CSV add-on subscriptions automatically renew on each Renewal Date for another three-month term at the same rate. Renewal is automatic and does not require any action from you.

Pricing on renewal. The price at renewal will be the same rate you paid at the prior term, unless we have given you at least thirty (30) days' written notice (via email to the address on file) of a price change before your Renewal Date. If we give you proper notice of a price increase and you do not cancel before the Renewal Date, the new price applies starting at that renewal.

Payment method. All payments are processed through Stripe, our third-party payment processor. By submitting payment, you authorize LocalBurst to charge your payment method on file for the initial term and each subsequent renewal until you cancel. You are responsible for keeping a valid payment method on file.

Failed payments. If a renewal charge fails, Stripe will retry the charge automatically. If all retries fail, we will email you at the address on file and your placement in the next print issue may be suspended until payment is resolved. If payment is not resolved within fourteen (14) days of the failed renewal charge, we may terminate the subscription, and your slot will be released back to inventory. Termination for non-payment does not relieve you of any amounts already owed.

Taxes. Prices shown do not include sales tax. If sales tax applies to your purchase under Virginia or your state's law, it will be added at checkout or invoiced separately. You are responsible for any other taxes applicable to your business.

4. Cancellation, refunds, and credits

No refunds during the term. Each three-month term is non-refundable once payment has been collected. By accepting these Terms, you acknowledge that you are committing to the full three-month term and that LocalBurst incurs production and inventory costs based on your commitment that cannot be recovered if you change your mind.

How to cancel. To cancel auto-renewal, send written notice to themovein@localburstmedia.com (or any cancellation address we publish in your account portal at the time of cancellation) at least thirty (30) days before your next Renewal Date. Cancellation takes effect at the end of your current term — you will continue to receive the Service through the end of the term you have already paid for, and you will not be charged at the upcoming Renewal Date.

Late cancellation requests. A cancellation request received fewer than thirty (30) days before a Renewal Date will not stop the upcoming renewal charge. The cancellation will instead take effect at the end of that next term. We do not provide refunds for renewal charges processed before a valid 30-day cancellation notice was received.

Service credit for missed mail dates. LocalBurst commits to one issue per zone per calendar month for each zone where you hold a paid placement. If a scheduled issue does not mail on time due to a production or delivery error caused by LocalBurst:

  • We will automatically apply a credit equal to one month of your sponsorship rate to your account. The credit is applied to your next renewal charge with no action required from you.
  • The credit applies only to delays caused by LocalBurst. It does not apply to delays caused by your late or non-compliant creative submission, third-party carrier delays outside our reasonable control, force majeure (Section 13), or any other cause not attributable to LocalBurst.

Cancellation without penalty for extended delays. If a scheduled issue is delayed by more than fourteen (14) days from its originally announced mail date due to a cause attributable to LocalBurst, you may cancel your subscription effective immediately and receive a pro-rata refund of the unused portion of the current term. To exercise this right, you must submit a written cancellation request within thirty (30) days of the announced delay.

Refunds we issue at our discretion. Apart from the extended-delay refund described above and any refund LocalBurst chooses to issue voluntarily, the Service is non-refundable. Any refunds we issue voluntarily are not a waiver of these Terms and do not entitle you to similar refunds in the future.

5. Exclusivity

Category exclusivity per zone. While your sponsorship is active in a given zone, no other business in the same Category will be sold a sponsorship of any tier in that zone. This is the core promise of the Service.

What "Category" means. Each sponsorship is associated with a Category at the time of purchase. Categories are drawn from the published Vertical list shown on our website at the time of purchase. If your business is best described by a write-in Category not on the published list, LocalBurst will assign you a Category in good faith based on your primary line of business. The Category assigned at purchase is the binding scope of your exclusivity — you do not gain exclusivity over related, adjacent, or similar Categories you did not buy.

Exclusivity is per zone, not portfolio-wide. Your exclusivity covers only the specific zone(s) you have purchased. A competitor in your Category may purchase a sponsorship in any other zone where you do not hold a sponsorship.

Multi-category businesses. If your business operates in multiple Categories (for example, a contractor offering both HVAC and electrical), you must purchase a separate sponsorship for each Category in which you want exclusivity. A single sponsorship locks one Category only. If you do not purchase exclusivity in a second Category, a competitor in that second Category may be sold a sponsorship in the same zone.

Mid-term scope changes. If, during your term, your business meaningfully expands into a new Category, you may purchase a new sponsorship for that additional Category subject to availability. You do not have a right of first refusal on adjacent Categories beyond the one you purchased. LocalBurst will not retroactively rescope a sponsorship to cover a Category different from the one purchased.

First refusal on renewal. At each Renewal Date, you have a right of first refusal on your existing Category in your existing zone for the upcoming term, as long as your account is in good standing and your payment method on file is valid. This right is automatic — it does not require notice — and operates by virtue of your auto-renewal continuing on the prior schedule.

Race conditions at purchase. Sponsorships are sold on a first-come, first-paid basis. If another business in your Category completes payment in your selected zone in the seconds before you do, your payment will not be processed, your reservation will be released, and you will be notified that the Category was taken. You will be offered the option to join a waitlist or select a different Category, tier, or zone.

Exclusivity does not extend to the CSV add-on alone. Sponsorship exclusivity is tied to the printed newsletter placement. The CSV add-on, when purchased without a sponsorship, does not grant Category exclusivity in any zone. CSV add-on use restrictions are in Section 7.

6. Creative submission and editorial review

What you submit. Depending on your tier, you are responsible for providing:

  • Featured: Logo (PNG, JPG, or SVG), one offer line (90 characters or fewer), business name, primary contact phone or website URL.
  • Standard: One offer line (90 characters or fewer), business name, primary contact phone or website URL.
  • Directory: Business name, primary contact phone or website URL.

Exact file format requirements, dimensions, character limits, and submission methods are published on our website at the time of your purchase and may be updated from time to time. Material updates that affect your existing placement will be communicated by email with reasonable notice.

Submission deadline. To appear in a given monthly issue, your final creative must be received and approved by LocalBurst no later than the eighth (8th) day of the calendar month in which that issue is produced (the "Production Cutoff"). Creative received or approved after the Production Cutoff will appear in the following month's issue, not the current one.

Missed deadline — what we print. If you do not submit creative by the Production Cutoff for your first issue:

  • For Featured and Standard tiers, your placement will appear with your business name, the Category label, and your contact information, but without a logo or offer line, until your creative is approved.
  • For Directory tier, your standard directory listing will appear (no logo or offer line is required for Directory in any event).

Your sponsorship and billing continue normally during any period when your creative is incomplete. We do not credit or refund missed creative deadlines that are caused by your delay.

Editorial review. All sponsor creative is reviewed by LocalBurst before it is printed. We may, in our reasonable discretion, request changes to or reject creative that:

  • Violates applicable law, including false advertising, deceptive practices, or unfair trade practice law.
  • Makes claims we believe are misleading, unsubstantiated, or likely to invite consumer complaints.
  • Contains content that is profane, sexually explicit, discriminatory, threatening, defamatory, or otherwise inappropriate for a household publication delivered to new residents including families with children.
  • Promotes products or services that are illegal in Virginia or in the recipient's jurisdiction, including but not limited to cannabis products not lawfully sold under Virginia law, firearms in violation of applicable regulation, unlicensed financial or insurance products, or unlicensed contracting services.
  • Infringes the intellectual property rights of any third party.
  • Conflicts with the publication's editorial tone, layout, or other sponsors' approved creative in ways that we determine in good faith would degrade the issue.

We will work with you in good faith to resolve any rejected creative. If we cannot agree on creative that meets our editorial standards, we may print a default placement (business name + Category + contact information, as described above) and your sponsorship and billing will continue normally. We will not refund a sponsorship for a creative dispute.

Your responsibilities for submitted content. By submitting creative to LocalBurst, you represent and warrant that:

  • You own or have a valid license to all elements of the creative, including but not limited to logos, photography, copy, slogans, trademarks, and any third-party content.
  • The creative is accurate, not misleading, and complies with applicable advertising, consumer protection, and professional licensing laws.
  • You hold any licenses, registrations, certifications, or insurance required to lawfully offer the products or services you advertise (including, where applicable, contractor licensing, real estate licensing, insurance producer licensing, and the like), and you will maintain them throughout your term.
  • The creative does not infringe the rights of any third party.

You agree to indemnify LocalBurst for claims arising from violations of these representations as further described in Section 11.

Changes during the term. You may request reasonable changes to your creative between issues (for example, updating an offer line, swapping a logo, correcting contact info). Change requests must be received by the Production Cutoff for the issue in which you want the change to appear. LocalBurst's editorial review applies to changes the same as to initial submissions.

7. CSV add-on — use restrictions and obligations

This section applies if you purchase the CSV add-on, either bundled with a sponsorship or as a standalone subscription.

What the CSV contains. The CSV add-on delivers fourteen fields of information about residential properties that have entered a pending or under-contract status in your selected zone. The fields cover property characteristics (address, list price, pending date, estimated move-in date, property type, year built, square footage, bedrooms), the listing agent who marketed the property (name, business email, business phone), and the listing office (name, city). The CSV is intended to support direct postal mail to the property address and professional outreach to the listing agent by you, the purchaser.

What the CSV does NOT contain. The CSV does not include homeowner names, homeowner telephone numbers, homeowner email addresses, buyer or seller direct-contact information, financial information about any individual, or any other personal information of the people living at or purchasing the property. The property address is the only homeowner-associated contact point in the data; you may use that address only for addressed postal mail. You may not use the CSV to identify, look up, infer, scrape, append, or otherwise obtain homeowner direct-contact information from other sources for the purpose of contacting the homeowner by telephone, text message, email, or any other channel.

Permitted uses. You may use the CSV data only for the following purposes:

  • Direct postal mail marketing addressed to the property address by you, the purchaser, for your own products or services.
  • Professional outreach by you, the purchaser, to the listing agent associated with a property, using the listing agent's business contact information, for business-development purposes directly related to your products or services.
  • Internal business planning, territory analysis, and market research conducted by you, the purchaser.

Prohibited uses. You may not, and may not permit any third party to, do any of the following with the CSV data:

  • Resale or redistribution. You may not sell, license, sublicense, share, give away, or otherwise transfer the CSV data, in whole or in part, to any third party. The CSV data is for your business's use only.
  • Homeowner contact by phone, text, or email. As described above, the CSV does not contain homeowner direct-contact information, and you may not use the CSV (alone or in combination with other data sources) to contact the homeowner of any property listed in the data by telephone, text message, prerecorded or autodialed call, email, or any similar electronic channel. This prohibition includes contacting any person you reasonably know or should know is the buyer or seller of the property, regardless of how you obtained their contact information, where the CSV record is the reason you targeted them.
  • Telephone or text-message contact with listing agents in violation of TCPA. Communications to listing agents using contact information in the CSV must comply with the federal Telephone Consumer Protection Act (47 U.S.C. § 227), implementing FCC regulations, applicable state telemarketing laws, and the National Do Not Call Registry. In particular, prerecorded or autodialed calls to any cell phone number (including a listing agent's mobile number) require TCPA-compliant prior consent. You are solely responsible for confirming TCPA-compliant consent and for checking the National Do Not Call Registry and any applicable state do-not-call lists before placing any call or sending any text.
  • Email marketing to listing agents in violation of CAN-SPAM. Commercial email messages sent to listing-agent addresses in the CSV must comply with the federal CAN-SPAM Act (15 U.S.C. §§ 7701-7713) and implementing FTC regulations, including but not limited to honoring opt-out requests, including a physical postal address, and clearly identifying the sender and the commercial nature of the message.
  • FCRA-regulated decisions. You may not use the CSV data, in whole or in part, as a factor in any decision regarding credit, employment, insurance underwriting, tenant screening, or any other purpose regulated by the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.). The CSV data is not a consumer report and LocalBurst is not a consumer reporting agency.
  • Discriminatory targeting. You may not use the CSV data, in whole or in part, to target marketing in a manner that violates the federal Fair Housing Act, the Equal Credit Opportunity Act, the Americans with Disabilities Act, or any analogous state or local law prohibiting discrimination.
  • Spam, harassment, fraud. You may not use the CSV data for spam, harassment, fraudulent or deceptive marketing, identity theft, or any unlawful purpose.
  • Scraping or aggregation. You may not combine the CSV data with other data sources for the purpose of constructing or augmenting a consumer database that you then offer, sell, license, or otherwise make available to any third party.
  • Reverse engineering of LocalBurst's data sources. You may not use the CSV data to identify, reconstruct, or undermine the methods or sources by which LocalBurst obtains its data.

Your compliance representations. By accepting and using any CSV data, you represent and warrant on an ongoing basis that:

  • You have read and understand the permitted and prohibited uses above.
  • You will comply with all applicable federal, state, and local laws governing your use of the data, including without limitation TCPA, CAN-SPAM, FCRA, the Fair Housing Act, the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), and any other privacy, marketing, or telemarketing law applicable to your activities.
  • You maintain, and will keep current, any business licenses, registrations, or certifications required to lawfully conduct the marketing or outreach you undertake using the CSV data.
  • You will respond promptly to any opt-out request, unsubscribe request, or cease-and-desist demand from any listing agent contacted using the CSV data and from any recipient of postal mail you send to a property address from the CSV, and you will not contact that person or address using the CSV data again after such request.

Indemnification for CSV misuse. You agree to defend, indemnify, and hold harmless LocalBurst Holdings LLC, its members, officers, employees, and contractors from and against any and all claims, demands, lawsuits, regulatory actions, investigations, fines, penalties, judgments, settlements, costs, and attorneys' fees arising out of or related to: (a) your use, misuse, redistribution, or unauthorized disclosure of the CSV data; (b) your violation of TCPA, CAN-SPAM, FCRA, the Fair Housing Act, the Virginia Consumer Data Protection Act, or any other applicable law in connection with the CSV data; or (c) any breach by you of the representations and prohibitions in this Section 7. This indemnification obligation survives termination of your subscription and these Terms.

Data retention and deletion on cancellation. Upon cancellation, termination, or non-renewal of your CSV subscription, you must stop using the CSV data delivered to you after the effective date of cancellation, but you may retain copies of CSV data delivered to you during your paid subscription term solely for your internal recordkeeping and for any ongoing marketing campaigns initiated using that data during your subscription. You remain bound by the use restrictions in this Section 7 with respect to that retained data indefinitely.

Audit cooperation. If LocalBurst receives a complaint, regulatory inquiry, or other notice that suggests you may have used the CSV data in violation of this Section 7, you agree to cooperate in good faith with LocalBurst's investigation of the complaint, including by providing reasonable documentation of your use of the CSV data and your compliance practices. LocalBurst may suspend or terminate your CSV subscription, and any sponsorship, pending the outcome of such investigation if we determine in good faith that suspension is necessary to protect LocalBurst or the individuals whose data is at issue.

No warranty as to accuracy or completeness. The CSV data is compiled from third-party data sources, including multiple listing service feeds. LocalBurst does not warrant that the data is complete, accurate, current, or fit for any particular purpose. You acknowledge that the data may contain errors, omissions, or outdated information, and that you use the data at your own risk.

8. Intellectual property

Your content. You retain all ownership rights in the creative materials you submit to LocalBurst, including your logo, business name, offer line, photography, copy, trademarks, and any other content you provide ("Your Content"). LocalBurst does not claim ownership of Your Content.

License to LocalBurst. By submitting Your Content to LocalBurst, you grant LocalBurst a non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, and adapt Your Content for the following purposes:

  • Printing and mailing Your Content as part of The Move In newsletter and any related issues during your paid term.
  • Displaying Your Content in digital previews, proofs, or archived issues that we provide to you for review or recordkeeping.
  • Including Your Content in retrospective marketing materials about The Move In (for example, "past sponsors include..." or sample issue showcases) for a reasonable period after your term ends.
  • Internal recordkeeping, production, and archival use by LocalBurst.

This license is limited to the purposes above. It does not permit LocalBurst to sell, license, or distribute Your Content as a standalone product, or to use Your Content as an endorsement of any third party's products or services.

License duration. The license for active printing and distribution ends when your paid term ends. The license for archival, internal recordkeeping, and limited retrospective marketing use continues indefinitely after your term ends, because we are not able to recall physical issues already mailed or remove Your Content from our production records.

Your representations. You represent and warrant that you own all rights necessary to grant the license above, that submitting Your Content to LocalBurst does not infringe the rights of any third party, and that any individuals depicted in Your Content (for example, photos of employees) have authorized your use of their image in advertising.

LocalBurst's content. All elements of The Move In other than Your Content are owned by LocalBurst, including without limitation:

  • The Move In name, logo, branding, and visual identity.
  • The newsletter's editorial content, layout, typography choices, and design system.
  • The publication's structure, including the cover treatment, panel organization, "5 Things," day-trip feature, directory layout, and any other recurring editorial sections.
  • The LocalBurst name, logo, and branding.
  • All software, websites, internal tools, and data pipelines used to operate the Service.

You may not copy, reproduce, distribute, create derivative works of, or otherwise use LocalBurst's content other than as expressly permitted by these Terms or with our prior written consent.

No use of LocalBurst's marks without consent. You may state in your marketing materials that your business is "a sponsor of The Move In" or use similar plain-language descriptions of your sponsorship. You may not use the LocalBurst or The Move In name or logo as your own endorsement, in a way that implies an affiliation, partnership, or endorsement beyond your status as a paid sponsor, or in any manner LocalBurst objects to in writing.

Feedback. Any feedback, suggestions, ideas, or improvements you submit to LocalBurst regarding the Service ("Feedback") become the property of LocalBurst. You grant LocalBurst a perpetual, irrevocable, royalty-free license to use Feedback for any purpose, including modifying or improving the Service, without any obligation to compensate or credit you.

Copyright complaints. If you believe that content in The Move In or on our website infringes your copyright, send a written notice including the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) to themovein@localburstmedia.com. We will respond as required by law.

9. Privacy

Your business information. LocalBurst collects business and payment information from you in order to provide the Service. How we collect, use, store, and share that information is described in our Privacy Policy, available at https://themovein.localburstmedia.com/privacy. By accepting these Terms, you also acknowledge the Privacy Policy.

Homeowner data in the CSV add-on. If you purchase the CSV add-on, you receive data about individual residential properties and the people associated with them. With respect to that data:

  • You become a controller of that data for your own marketing activities under applicable privacy law. LocalBurst is a controller and the source from which you obtained the data; once delivered to you, you have your own independent legal obligations as a data user.
  • You are responsible for your own privacy practices with respect to that data, including providing notice to data subjects where required by law, honoring opt-out requests, and maintaining appropriate security safeguards on the data once it is in your possession.
  • LocalBurst does not provide a privacy notice on your behalf. If you incorporate CSV data into a marketing program, you must comply with notice and opt-out requirements that apply to that program under TCPA, CAN-SPAM, the Virginia Consumer Data Protection Act, the California Consumer Privacy Act (if applicable), and any other privacy or data-protection law applicable to your business.

The CSV-specific use restrictions in Section 7 apply in addition to the privacy obligations described in this section.

Privacy questions. Questions about LocalBurst's own privacy practices should be directed to themovein@localburstmedia.com. Questions about your privacy obligations as a CSV purchaser should be directed to your own legal counsel.

10. Disclaimers and limitation of liability

Service provided as-is. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOCALBURST MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. ALL SUCH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED.

No guarantee of business results. You acknowledge that the Service is an advertising and sponsorship product, and that LocalBurst does not guarantee:

  • Any specific number of leads, calls, customers, sales, or revenue resulting from your sponsorship.
  • Any specific response rate, engagement rate, or open rate.
  • That a recipient will read, retain, act on, or remember your sponsorship.
  • That a particular sponsorship will result in a positive return on investment.

Outcomes from the Service depend on many factors outside LocalBurst's control, including the quality of your offer, your category, your pricing, your service quality, the recipient's circumstances, and overall market conditions. You assume all risk relating to the business outcomes of your participation in the Service.

Third-party services. The Service relies on third-party providers including but not limited to Stripe (payment processing), SendGrid (email delivery), Vercel (web hosting and storage), Airtable (database), the United States Postal Service (mail delivery), our print providers, and multiple listing service data feeds. LocalBurst is not responsible for outages, errors, delays, or other failures of those third-party providers, and any liability LocalBurst would otherwise have for those providers' failures is expressly disclaimed.

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOCALBURST, ITS MEMBERS, OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOST DATA, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF LOCALBURST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LOCALBURST'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID LOCALBURST FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).

Carve-outs. Nothing in this Section 10 limits or excludes:

  • Liability for personal injury or death caused by LocalBurst's negligence.
  • Liability for fraud, fraudulent misrepresentation, or willful misconduct by LocalBurst.
  • Your indemnification obligations to LocalBurst under these Terms (those are not capped by this section).
  • Any liability that cannot be limited or excluded under applicable law.

Basis of the bargain. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND ALLOCATIONS OF RISK IN THIS SECTION 10 ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN YOU AND LOCALBURST, AND THAT LOCALBURST WOULD NOT PROVIDE THE SERVICE AT THE PRICES CHARGED WITHOUT THESE LIMITATIONS. THE PRICING OF THE SERVICE REFLECTS THIS ALLOCATION OF RISK.

11. Indemnification

Your indemnification obligation. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless LocalBurst Holdings LLC, its members, officers, employees, contractors, and agents (the "Indemnified Parties") from and against any and all third-party claims, demands, lawsuits, regulatory actions, investigations, fines, penalties, judgments, settlements, costs, and reasonable attorneys' fees (collectively, "Claims") arising out of or related to:

  • Your content. Any Claim that Your Content (as defined in Section 8) infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any third party.
  • Your products or services. Any Claim arising out of the products or services you advertise, sell, or perform, including but not limited to product liability, professional malpractice, breach of warranty, false advertising, deceptive trade practices, or failure to hold a required license or insurance.
  • Your use of the Service. Any Claim arising out of your use of, or inability to use, the Service in violation of these Terms or applicable law.
  • CSV add-on misuse. Any Claim arising out of your use, misuse, redistribution, or unauthorized disclosure of CSV data, or your violation of TCPA, CAN-SPAM, FCRA, the Fair Housing Act, the Virginia Consumer Data Protection Act, or any other applicable law in connection with the CSV data (this obligation is in addition to, not in lieu of, the CSV-specific indemnification in Section 7).
  • Breach of these Terms. Any Claim arising out of your breach of any representation, warranty, covenant, or obligation in these Terms.
  • Your tax obligations. Any Claim arising out of your failure to pay taxes that are your responsibility under these Terms or applicable law.

Procedure. If a Claim subject to this Section 11 is asserted against any Indemnified Party, LocalBurst will:

  • Notice. Promptly notify you in writing of the Claim. A delay in notice will not relieve you of your indemnification obligation except to the extent the delay materially prejudices your ability to defend the Claim.
  • Control of defense. Allow you to assume control of the defense of the Claim with counsel reasonably acceptable to LocalBurst, at your sole cost. LocalBurst may, at its own cost, participate in the defense with counsel of its choosing. If you fail to assume control of the defense within a reasonable time, or if LocalBurst reasonably determines that your defense is materially inadequate, LocalBurst may assume or resume control of the defense at your cost.
  • Cooperation. Provide you with reasonable cooperation in defending the Claim, at your reasonable expense.

Settlement. You may not settle any Claim subject to this Section 11 without LocalBurst's prior written consent if the settlement:

  • Admits fault or wrongdoing on the part of any Indemnified Party.
  • Imposes any obligation, payment, or restriction on any Indemnified Party other than payments fully covered by your indemnification.
  • Does not include a full and unconditional release of the Indemnified Parties from all liability relating to the Claim.

LocalBurst may withhold consent to any settlement in its reasonable discretion if any of these conditions is not met.

Survival. Your indemnification obligations under this Section 11 and under Section 7 survive termination or expiration of these Terms.

Not capped. As noted in Section 10, your indemnification obligations are not subject to the aggregate liability cap. The cap protects LocalBurst from your claims against LocalBurst; it does not protect you from your obligations to LocalBurst.

12. Suspension and termination

Termination by you. Your right to cancel auto-renewal is governed by Section 4. This section addresses LocalBurst's right to suspend or terminate.

Suspension. LocalBurst may, in its reasonable discretion, suspend your access to the Service or your placement in any upcoming issue, without prior notice if circumstances do not reasonably permit notice, if any of the following occurs:

  • A renewal payment fails and is not cured as described in Section 3.
  • You materially breach these Terms (including but not limited to Section 6 creative obligations, Section 7 CSV use restrictions, or Section 8 IP obligations).
  • LocalBurst receives a credible complaint, regulatory inquiry, or other communication indicating that your use of the Service may violate applicable law or these Terms, and LocalBurst reasonably determines that suspension is appropriate pending investigation.
  • Your creative or business operations create, in LocalBurst's reasonable judgment, a meaningful risk of liability, regulatory exposure, or reputational harm to LocalBurst.

During suspension, your sponsorship and billing remain in effect unless and until terminated. If LocalBurst reasonably determines after investigation that suspension was unwarranted, LocalBurst will reinstate the Service and apply a credit equivalent to the suspended period to your next renewal charge.

Termination by LocalBurst for cause. LocalBurst may terminate these Terms and your sponsorship, effective immediately upon written notice (which may be by email to the address on file), if any of the following occurs:

  • You fail to cure a renewal payment failure within fourteen (14) days as described in Section 3.
  • You materially breach these Terms and fail to cure the breach within ten (10) days after LocalBurst gives you written notice of the breach (or any shorter cure period that is reasonable given the nature of the breach, including no cure period for breaches that cannot reasonably be cured).
  • You file or have filed against you a bankruptcy petition, make an assignment for the benefit of creditors, or become subject to similar insolvency proceedings.
  • LocalBurst determines in good faith that continued provision of the Service to you would expose LocalBurst to unreasonable legal, regulatory, or reputational risk.
  • You use the Service for fraud, harassment, illegal conduct, or any other unlawful purpose.

No refund on termination for cause. If LocalBurst terminates these Terms for cause, you are not entitled to a refund of any fees paid for the current or any prior term. Fees paid are non-refundable under Section 4, and termination for cause does not create a refund right.

Termination by LocalBurst without cause. LocalBurst may terminate these Terms for convenience by giving you written notice at least thirty (30) days before your next Renewal Date. In that case, your sponsorship continues through the end of your current term and is not renewed. No refund is owed for the current term, which you have already received in full.

Effect of termination. Upon termination or expiration of these Terms:

  • Your sponsorship and CSV add-on subscription end.
  • LocalBurst's license to print and distribute Your Content (Section 8) ends for future issues, but LocalBurst's archival, recordkeeping, and limited retrospective marketing rights survive as described in Section 8.
  • Your right to use CSV data is governed by Section 7's retention provisions.
  • You remain responsible for any amounts owed to LocalBurst for periods before termination.

Survival. The following sections survive any termination or expiration of these Terms: Section 7 (CSV use restrictions and obligations, indefinitely), Section 8 (intellectual property, to the extent provided in that section), Section 9 (privacy), Section 10 (disclaimers and limitation of liability), Section 11 (indemnification), this Section 12 (effect of termination and survival), Section 13 (governing law and disputes), and Section 14 (general provisions). Any other provision that by its nature should survive termination also survives.

13. Governing law and disputes

Governing law. These Terms and any dispute arising out of or related to these Terms or the Service are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Exclusive jurisdiction. Subject to the small-claims carve-out below, any lawsuit, action, or proceeding arising out of or related to these Terms or the Service must be brought exclusively in the state or federal courts located in Henrico County, Virginia (for state court matters) or the U.S. District Court for the Eastern District of Virginia, Richmond Division (for federal court matters). You and LocalBurst each consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

Small claims carve-out. Either party may bring a claim in small claims court for any matter that is within the jurisdiction of that court, in lieu of bringing the claim in the courts identified above. Small-claims actions must still be brought in a court located in the Commonwealth of Virginia.

Force majeure. Neither party is liable for any delay or failure in performance caused by events beyond its reasonable control, including without limitation acts of God, fire, flood, severe weather, pandemic or other public-health emergency, war, terrorism, civil disturbance, labor strikes, governmental orders, telecommunications or internet service failures, third-party-provider failures, postal-service disruption, or print-supply-chain disruption. The affected party will use commercially reasonable efforts to mitigate the impact and resume performance. A force majeure event does not relieve you of payment obligations for amounts already owed; it does extend any performance deadline for so long as the force majeure event continues.

Waiver of class actions. YOU AND LOCALBURST EACH AGREE THAT ANY CLAIM BROUGHT UNDER THESE TERMS WILL BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS CLASS-ACTION WAIVER IS HELD UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED FROM THESE TERMS, AND THE REMAINING CLAIMS SHALL PROCEED IN ACCORDANCE WITH THE OTHER PROVISIONS OF THIS SECTION.

Waiver of jury trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LOCALBURST EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

Statute of limitations. Any claim you bring against LocalBurst arising out of or related to these Terms or the Service must be filed within one (1) year after the cause of action accrues, or it is permanently barred. This contractual limitation period is in addition to, and not in lieu of, any applicable statutory limitations.

Attorneys' fees. In any action brought to enforce these Terms, the substantially prevailing party is entitled to recover its reasonable attorneys' fees and costs from the other party, in addition to any other relief the court awards.

14. General provisions

Changes to these Terms. LocalBurst may change these Terms from time to time. If we make material changes, we will notify you by email at the address on file and post the updated Terms at https://themovein.localburstmedia.com/terms with a new "Effective" date at least thirty (30) days before the changes take effect. Your continued use of the Service, or your renewal payment, after the effective date of the updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to cancel auto-renewal under Section 4 before the next Renewal Date. Non-material clarifications, formatting corrections, and updates to contact information may be made without advance notice.

Notices to you. Notices LocalBurst sends to you under these Terms will be sent by email to the address you provided at checkout (or any updated email address you later provide). You are responsible for keeping a valid, monitored email address on file. Notices are deemed delivered when sent. We may also provide notice through your account portal (if available) or by posting on our website.

Notices to LocalBurst. Notices you send to LocalBurst under these Terms (including cancellation notices, breach notices, and notices of disputes) must be in writing and sent to:

LocalBurst Holdings LLC Attn: The Move In 8401 Mayland Dr, Ste S Richmond, VA 23294 Email: themovein@localburstmedia.com

Email notice is effective when sent if no error message is returned. Postal-mail notice is effective on the date of delivery confirmation. A notice of dispute or breach must include the name of the business, the relevant account email, a clear description of the issue, and the relief requested.

Entire agreement. These Terms, together with the Privacy Policy referenced in Section 9 and any documents incorporated by reference (including pricing, tier descriptions, and zone availability shown on our website at the time of your purchase), constitute the entire agreement between you and LocalBurst regarding the Service and supersede all prior or contemporaneous communications, proposals, representations, and agreements, whether oral or written. No statement, representation, or assurance made outside these Terms (including by a sales representative) creates a binding obligation on LocalBurst.

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

No waiver. A party's failure or delay in enforcing any provision of these Terms is not a waiver of that provision or any other provision. A waiver of any provision is effective only if in writing and signed by the waiving party, and applies only to the specific instance described in the waiver.

Assignment. You may not assign these Terms or any rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without LocalBurst's prior written consent. Any attempted assignment in violation of this provision is void. LocalBurst may assign these Terms, in whole or in part, without your consent in connection with a merger, acquisition, sale of all or substantially all of its assets, internal reorganization, or similar transaction. These Terms bind and benefit the parties and their permitted successors and assigns.

Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties. Neither party has authority to bind the other or to create any obligation on the other's behalf.

No third-party beneficiaries. These Terms are for the sole benefit of you and LocalBurst (and, with respect to indemnification under Section 11, the Indemnified Parties). No other person or entity has any rights under these Terms.

Headings and interpretation. Section headings are for convenience only and do not affect interpretation. The words "include," "including," and similar words are not limiting. References to "days" mean calendar days unless otherwise stated.

Counterparts and electronic acceptance. These Terms may be accepted electronically by checking the acceptance box at checkout, and that electronic acceptance has the same legal effect as a signed paper agreement. The parties agree that records of electronic acceptance (including IP address, timestamp, and user agent recorded at checkout) are admissible evidence of acceptance.

Contact. Questions about these Terms or the Service may be sent to themovein@localburstmedia.com.