At Local Cupcake, we are focused on one thing - producing the best local search results and online content for users everywhere.
We like to make it easy for you to find the best local merchants and qualified businesses that can provide you with the best quality services - from auto mechanics to home repair contractors to personal fitness trainers, we're here to connect you.
Get the advice you need from the real experts - the business owners in your town that have tons of real world experience.
Local Cupcake is powered by an incredibly talented group of people who work to produce the best local search information for you.
The services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or on linked Web sites.
If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of e-mails, communications, postings, data or information as a result of, or arising out of, our administration of such services.
We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
This Web site may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
Local Cupcake respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
Please note that we have special concerns about the privacy of users who are minors (users under the age of 18), as further addressed in the REGARDING CHILDREN section below.
We do not collect any personally identifiable information ("Personal Information") about you (such as your name, physical address, email address, or telephone number) without your permission when you use the Service. Many features of our Service do not require you to register for an account or provide any Personal Information to us. However, if you wish to submit an online request for information about partnering with Local Cupcake or any other information about our Service or our company, you will be asked to provide certain Personal Information, including your name, company, e-mail address, and telephone number.
In order to take advantage of certain features of the Service (including, without limitation, the posting of reviews of businesses and the receipt of newsletters and special offers from Local Cupcake), you may be required to create an online account with Local Cupcake as a "Local Cupcake Account"). During the Local Cupcake Account creation process, you may be required to provide certain Personal Information, including without limitation, your name and e-mail address. We may also request other information such as your zip code, age range, gender, and whether you want to receive promotional information from Local Cupcake.com. We will store all of this information. We will always let you know whether such Personal Information is required or optional. In providing our Services to you, it may be necessary to share your Personal Information with our partners or affiliates, including advertising and content partners (collectively, "Partners") or allow such Partners to gather such Personal Information directly. Where our Partners gather Personal Information about you in the course of providing Services to you, we will make you aware of such fact and if you provide such Personal Information, those Partners may continue to use such Personal Information, subject to their respective privacy policies. You represent, warrant and covenant that any Personal Information that you supply to us will be is true, complete and accurate in all respects.
Local Cupcake Web Pages will transmit non-personally identifiable information ("Anonymous Information") that your browser makes available whenever you visit a web site or perform a search. Anonymous Information is not associated with or linked to your Personal Information and does not permit identification of you. Anonymous Information may include your Internet Protocol address, geographic location, browser type, browser language, mobile device type, operating system, operating system version, the domain name of the web site from which you linked to our Service, search queries entered by you on our Service, and the date and time of your queries. Anonymous Information does not by itself identify you to us, though such Anonymous Information may be unique or consist of or contain information that you consider personal. Please note that any search query information collected by us is maintained by Local Cupcake on an aggregated basis (i.e., together with the queries of all of our end-users) for the purposes of generating statistics regarding the use of our Service (such as the number of queries performed by the average end-user per month, a list of the most popular query terms, etc.), and is never used in a manner that matches specific search query information with the identity of any particular end-user.
If you access our Services from a mobile device or on our mobile application(s), we may collect your device’s unique identifier. We may look at how often you use our mobile application if you access our Services from such application and where you downloaded it. We may combine or associate your unique device identifier with other Personal Information or Anonymous Information that you have provided to us or that we have directly or indirectly collected.
We currently use the services of a web analytics company to help us measure the effectiveness of our Service, including the advertising on the Service. To do this, we allow the web analytics company to include Web beacons and cookies on the Local Cupcake Web Pages. The type of information collected via such Web beacons and cookies includes search terms, search parameters, click-throughs by users, and other similar information. By supplementing our records, this information helps us learn things like user preferences, popular search categories, click-through rates, how to improve our Service, and what kinds of offers our users like to see. Although our web analytics company logs this information on our behalf, we control how that data may be used.
Broadly speaking, we use Personal Information and Anonymous Information for purposes of administering our business activities and making available other products and services to our visitors and prospective visitors. Most of the Anonymous Information collected is used to operate, develop, and improve our products and services. For example, Local Cupcake may use your IP address to determine which language to use to provide you with Internet search results or to advise you how far a particular vendor is from your location. In addition, information collected from end-users may be used in aggregate form to, among other things, determine the total number of end-users who are using our Service, prepare utilization reports for our Partners, diagnose and fix compatibility problems or other problems with our Service, and perform statistical analyses to enable us to build higher quality, more useful online services. We may use Personal Information and Anonymous Information that you provide to us to process account transactions that you request or authorize, to make you aware of new or other services that we offer, or to help conduct surveys to assess and improve our Service. The information collected from end-users also allows us to deliver search results pages that are as responsive as possible to an individual end-user's particular search query of the content of the page such end-user is viewing (for example, serving results in the end-user's native language and tailored to the end-user's country of connectivity). We may use the Anonymous Information collected from you to show advertising and promotions tailored to your interests. If you submit a request for information about Local Cupcake through our web site, we may use your e-mail address to send you an e-mail that gives you the opportunity to elect to receive periodic e-mail alerts from Local Cupcake.com regarding developments at the company. In addition, if you elect to receive promotional information from Local Cupcake.com when you create a Local Cupcake.com Account, we will use the information you provided to Local Cupcake.com during the Local Cupcake.com Account creation process to send you only promotions that will be most relevant to you. We do not collect or provide e-mail alerts, promotions or advertising based on your Personal Information without your permission.
As a general rule, we do not share the Personal Information we collect from end-users with third-parties. We may disclose Personal Information if it is required by law, necessary to defend our legal rights or enforce our policies, or if we in good faith believe it is appropriate to cooperate in investigations of fraud or other illegal activity in which you may be involved (or are reasonably suspected to be involved), even without a subpoena, warrant or court order. Such Personal Information will be disclosed in accordance with applicable laws and regulations.
We reserve the right to share Anonymous Information with others. Examples of this include the number of users who searched for "used cars" or how many users clicked on a particular advertisement. When users submit a search query on our Service, Anonymous Information, such as IP addresses and search terms or phrases, is transmitted to certain Partners with whom Local Cupcake has subcontracted so that those Partners can deliver responsive Internet search results, advertising, or other services and, in some cases, for the internal data reporting purposes of those Partners. In addition, some of the Anonymous Information is provided to our Partners for purposes of calculating amounts owed to such Partners or helping such Partners improve their services. Our Partners are obligated by applicable law to protect the privacy of certain types of data; however, we are not responsible for their actions or omissions, including the manner in which they use information that they receive from us.
Please note that if you access the Service or Local Cupcake Web Pages from a shared computer or a public computer, such as one in an internet café, certain information about you, such as your Local Cupcake Account, may be visible to other individuals who use the computer after you.
If you have a Local Cupcake Account with us, you have the ability to review and update your Personal Information online by clicking on a "My Account" link (or similar link) on the Service and logging into your Local Cupcake Account. You can also review and update your Personal Information by contacting us at privacy@Local Cupcake.com. Generally, we will not modify your Personal Information because it is very difficult to verify your identity remotely. You must promptly update your Personal Information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your Local Cupcake Account and remove your Personal Information from view as soon as reasonably possible, based on your Local Cupcake Account activity and in accordance with applicable law. We do retain Personal Information from closed Local Cupcake Accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our terms and conditions, and take other actions permitted by law.
We may make chat rooms, message boards, news groups, and other community services available to you through the Service. If you have a Local Cupcake Account with Local Cupcake, you can post reviews of businesses to the Service, which we then store, and participate in the community services. Postings and activities in the community services are governed by our Terms of Service. Please understand that any information that is disclosed in these areas becomes public information, and the postings may appear on other third-party websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose Personal Information in a review, that information will be publicly available and can be collected and used by others. For example, if you post your email address in a review, you may receive unsolicited messages. We cannot control who reads your review or what other users may do with the information you voluntarily provide using the community services, so we encourage you to exercise discretion and caution with respect to your Personal Information. We may sell your reviews to third-parties. The information presented in the community service areas reflects the views of the individual users or hosts and does not necessarily reflect our views or the views of any of our affiliates.
We recognize our responsibility to protect the Personal Information you entrust to us. We restrict access to your Personal Information to authorized employees, and consultants. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your Personal Information. While we take precautions against possible breaches in our Service and customer databases, no website or Internet transmission is completely secure. Accordingly, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of our Service and the Local Cupcake Web Pages is at your own risk. We urge you to take steps to protect your Personal Information when you are on the Internet by changing your passwords often using a combination of letters and numbers, and make sure you use a secure Internet browser.
We comply with the Children's Online Privacy Protection Act (COPPA). For more information about COPPA and children's privacy, please click here. When we use the term "parent" below, we mean to include legal guardians.
Children under the age of 13
Our service is not directed to children under the age of 13. We do not provide memberships or Local Cupcake Accounts to persons under age 13. If you are under the age of 13, you may not give us any Personal Information, and you may not create a Local Cupcake Account, register, sign up for or participate in any of our Services. Except as may be required by law, we will not knowingly collect, maintain, or disclose any Personal Information from children under the age of 13.
We do not intentionally gather Personal Information about visitors or end-users who are under the age of 13.
Children between the ages of 13 and 18
Information for Parents
We encourage parents to spend time online with their children to become familiar with the types of content available on the internet, including the Local Cupcake Web Pages. Parents should regularly oversee their children's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.
We do not require a child to disclose more information than is reasonably necessary to participate in the Service as a condition of participation. To protect the child's privacy and security, we will take reasonable steps to verify the parent's identity before granting him or her access to the child's Personal Information.
Any advertiser who wishes to place advertising on our Service will be asked to provide certain information such as the advertiser's business name, phone number, physical address, e-mail address, service area, website URL, description of the advertiser's business, a contact name, advertising category and/or keyword, and credit card information (collectively, “Advertiser Information”). Some of this Advertiser Information is personally identifiable. An advertiser may directly provide Advertiser Information to us online or we may collect such Advertiser Information from an advertiser via direct or indirect telesales efforts. You acknowledge that we may be recording your telephone call for our training or quality control purposes during our collection of your Advertiser Information via telephone.
Advertiser Information will be used by Local Cupcake to create an account for the advertiser, improve the Service, communicate changes to the Service, conduct research, provide anonymous reporting for internal purposes and for reporting to third-parties, and market Local Cupcake products and services and those of our Partners to advertisers. Some of your Advertiser Information will be displayed within the advertiser's ad copy on the Service.
Additionally, we may sell or otherwise distribute to third parties any Advertiser Information that you provide to us in our sole discretion. Such sale or distribution shall be in accordance with applicable law. Upon our sale or distribution of your Advertiser Information, Local Cupcake expressly disclaims any liability or obligation as a result of any third party actions or omissions concerning your Advertiser Information. We urge you to contact third parties directly with any issues you may have concerning their use of your Advertiser Information. Your termination of advertising services with Local Cupcake or our Partners will not result in our deletion of your Advertiser Information nor will we necessarily discontinue our use, sale or distribution of your Advertiser Information following your termination, except as required by law.