TERMS OF SERVICE
Last Updated on January 1, 2017
These terms and conditions (the "Terms of Service") govern your access to and use of Save Local Now’s websites and mobile applications that link to or reference these Terms of Service (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms of Service and concluding a legally binding contract with Save Local Now, LLC ("SLN"). Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.
"You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, uploads to, downloads from, or otherwise uses the Service in any way. "We", "us", and "our" refer to SLN. A "sponsor" is a party who provides financial support to SLN to make the Service available to select holders of Business Accounts.
"Content" means text, images, photos, audio, video, location data, coupon, discount and other promotional and pricing information and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as logos, trademarks, ratings, reviews, offers, coupons, discounts, messages, and information that you publicly display or are displayed in your account profile. "Your Customer Information" means your non-promotional business information that you provide to us to enhance our ability to support your use of the System and that are not intended to be User Content (as defined below), including (but not limited to) your customers' email and other contact information. "User Content" means Content that users submit or transmit to, through, or in connection with the Service, other than Your Customer Information. "SLN Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than SLN or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content,Third Party Content, and SLN Content.
2. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and we will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.
3. Consent to Use of Technical Data
You agree that SLN may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Service. SLN may use this information, as long as it is in a form that does not personally identify You in order to improve its products or to provide services or technologies to You.
4. Services; Third Party Materials
The Services may enable access to SLN's and third party services and websites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. You may also be redirected through SLN's websites and/or Services to websites and/or services operated by third parties ("Third Party Sites").
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services (including any Third Party Sites encountered through such use of the Services) at Your sole risk and that SLN shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to Third Party Sites. By using the Services, You acknowledge and agree that SLN is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or Third Party Sites. SLN does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or Third Party Sites, or for any other materials, products, or services of third parties. Third Party Materials and links to Third Party Sites are provided solely as a convenience to You. Location and hours of operation data provided by any Services is for basic navigational and informational purposes only and is not intended to be relied upon in situations where precise information is needed or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Neither SLN, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of data displayed by any Services.
You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or of any Content accessed through the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate any right or rights of any other party, and that SLN is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
SLN, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SLN be liable for the removal of or disabling of access to any such Services. SLN may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
5. USING THE SERVICE
A. Eligibility. To access or use the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. You may not access or use the Service if you are a competitor of SLN (or an affiliate of a competitor of SLN) or if we have previously banned you from the Service or closed your account.
B. Permission to Use the Service. We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
There are two types of business accounts:
(i) A "Basic Account" is a free account made available to you through a Sponsor to be used solely for the purpose of representing your business in connection with the Service. There is no fee for creating or using a Basic Account. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You also assume personal responsibility that you are authorized to create, upload or otherwise make available all Content provided to the site through the Business Account, including logos, trademarks, descriptions, promotional offers, etc. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must close your Business Account immediately. You may not impersonate someone else, provide an email address other than your own, or create multiple Basic Accounts.
(ii) A "Premium Account" is a paid account that provides you with access to additional features and products as part of the Service. Your account is to be used solely for the purpose of representing your business in connection with the Service. In creating or updating a Premium Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You also assume personal responsibility that you are authorized to create, upload or otherwise make available all Content provided to the site through the Business Account, including logos, trademarks, descriptions, promotional offers, etc. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must close your Business Account immediately. You may not impersonate someone else, provide an email address other than your own, or create multiple Premium Accounts.
Upgrade, Payment, Refund Terms & Renewal Terms
1. An upgrade from the Basic Account to a Premium Account will be charged to you immediately.
2. All Premium Accounts must enter valid payment information prior to activation. Basic Accounts are not required to provide payment information.
3. For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States federal, state and local income taxes.
Generally: Cancelling your Service may cause the loss of Content, features, or capacity of your Account. You release Save Local Now from any liability for such loss.
Monthly Subscriptions: Due to the expense of setting up accounts and of the amount of time spent by SLN immediately following creation of new Premium Accounts, monthly subscriptions will not be cancellable until six complete monthly billing cycles (such period the “Initial Term”). Thereafter, the subscription can be cancelled at the end of any month, and no refunds will be given for mid-month cancellations. You acknowledge that, despite the immediate investment by SLN of time and resources in connection with Your new Premium Account, there may be a delay of up to three months before Your visibility scores begin to reflect the results of SLN activities. Monthly subscriptions will automatically renew for additional one-month terms following the Initial Term unless timely cancelled by You or SLN.
Annual Subscriptions: Annual subscriptions bear a substantial discount and are paid in full in advance. As a result, no refund will be given to the cancellation of any annual subscription. Annual subscriptions will automatically renew for additional one-year terms unless timely cancelled by You or SLN.
E. Communications from SLN and other Users. By creating an account, you agree to receive certain communications in connection with the Service. For example, you may receive email, texts or other information from SLN based on your usage of the Service and/or Services. You may also receive periodic newsletters or other communications from SLN about the Service, happenings in your community, or other matters SLN believes would be of interest to you based on the information you have made available to us. You can opt-out of non-essential communications by logging into SLN and changing your email settings http://members.slnconnect.com/login.
A. Responsibility for Your Content. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its accuracy and your right to publish it. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by SLN.
You may expose yourself to liability if, for example, you hold a Business Account and Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If you hold a Personal Account, you are far less likely to have created Content that will be published and could be injurious to others. However, if you comment about an experience with the holder of a Business Account, or write defamatory or inflammatory comments through the Service (or repeat, copy or redistribute the defamatory or inflammatory comments of others), you could also expose yourself to liability.
B. Our Right to Use Your Content and Your Customer Information. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, and incorporating it into search results. We may also use Your Customer Information in a number of ways, including reformatting it and confirming the validity of email addresses you submit to us. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, transferable rights to use Your Content and Your Customer Information for any purpose associated with the provision of the Service and for our internal tracking, reporting and data analysis purposes. You also irrevocably grant the users of the Service the right to access Your Content (but not Your Customer Information) in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against SLN and its users, any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content. Notwithstanding anything to the contrary anywhere in these Terms of Service, SLN shall in no event have any right to share, sell or otherwise make available to any third party (other than SLN contractors working on development, maintenance, oversight or analysis of the Service) Your Customer Information, including (but not limited to) your customers' email addresses and other contact information.
C. Ownership. As between you and SLN, you own Your Content. We own the SLN Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, software, aggregate user data, including usage and preference information, and all other elements and components of the Service excluding Your Content and User Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the SLN Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the SLN Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the SLN Content are retained by us.
D. Advertising. SLN may publicly display advertisements or other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
E. Other. We reserve the right to remove, screen, edit or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and not to assist or enable others to, use the Service to:
A. Violate our Content guidelines, for example, by writing fake or defamatory feedback about a Business Account user, writing reviews or giving other feedback for which you were paid either directly or indirectly;
B. Violate any third party's rights, including any breach of confidence, copyright, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
C. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
D. Solicit personal information from minors, or submit or transmit pornography;
E. Violate any applicable law or the Terms of Service;
F. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by SLN;
G. Reverse engineer any portion of the Service;
H. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service, including any belonging to any Other User;
I. Record, process, or mine information about other users;
J. Reformat or frame any portion of the Service;
K. Take any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on SLN's technology infrastructure or otherwise make excessive traffic demands of the Service;
L. Attempt to circumvent, eliminate or seek exception to SLN's usage limitations, including limits on number or frequency of emails sent through the system and/or the content of such emails;
M. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
N. Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively "Viruses");
O. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
P. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
Q. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 45 days' prior written notice to SLN by email at email@example.com, together with any information that we may reasonably require to give us an opportunity to provide alternate remedies or otherwise accommodate you at our sole discretion.
9. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
10. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SLN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SLN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION. FURTHER, SLN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SLN OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SLN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONAL DAMAGES AND/OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SLN's total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to defend, indemnify and hold harmless SLN and any of its affiliates or third party beneficiaries (and the respective officers, directors, agents, subsidiaries and employees of SLN, its affiliates and its third party beneficiaries) from any liability, loss, damage, cost or expense (including reasonable attorney's fees) arising out of any act or omission by You in connection with a breach of this agreement.
13. GOVERNING LAW AND CONSENT TO JURISDICTION
The laws of the State of Ohio, excluding its conflicts of law rules, govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
15. COPYRIGHTS AND TRADEMARKS
Except where otherwise specified, the contents of the Licensed Application are copyright (c) Save Local Now, LLC. All rights reserved. The contents of the Licensed Application are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Licensed Application without the prior written consent of SLN.
Please direct any questions or comments to Save Local Now, LLC in the form of an email to firstname.lastname@example.org.
Should any term of these Terms of Service be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. These Terms of Service represent the entire agreement between You and SLN concerning the use of the Services, and it supersedes any prior proposal, representation, or understanding (including prior versions of these Terms of Service) between You and SLN. The failure of either You or SLN to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by such party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.