Accepting These Terms
This contract outlines the rights and responsibilities when using any and all LocalGood services; including but not limited to browsing and making purchases through the LocalGood website (collectively our “Services”), so please read it carefully. By using any of our Services, you’re agreeing to the Terms.
LocalGood is an online community that connects conscientious consumers to Artists and Creators in the United States and the Charities or Nonprofits that they support. LocalGood is a marketplace for Buyers and Sellers to connect – thus, LocalGood is not a party to any transaction. The actual contract for sale is directly between the Seller and Buyer.
While every effort is made to get to know each Artist and Creator, their work and their process, LocalGood cannot be held responsible for any agreements or transactions conducted through this website. LocalGood has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. Although LocalGood will do our best to help our Buyers, we cannot be held responsible for Seller’s actions. LocalGood cannot predict Seller’s behavior, but we will make an effort to investigate wrongdoings and attempt to correct the situation. Concerns can be sent to email@example.com.
We strive to build communities that unite artists and socially conscious consumers to support LocalGood in every community in the United States.
We are fierce advocates for artists focused on developing channels to help them achieve sustainability by sharing themselves, their passion, and support for their community.
Both LocalGood and Sellers process Buyers’ personal information. All of the LocalGood community will be required to create an account. Information uploaded to an account, including, but not limited to, username, city, connections, and reviews will be shared publicly to ensure connectivity between Buyers and Sellers. Each party is responsible for the personal information it processes in providing the Services. For example, if a Seller accidentally discloses a Buyer’s personal information when fulfilling another Buyer’s order, the Seller, not LocalGood, will be responsible for that unauthorized disclosure.
If LocalGood and Sellers are found to be joint data controllers of personal information, and LocalGood is sued, fined, or otherwise incurs expenses because of something that a Seller did as a joint data controller of personal information, you agree to indemnify LocalGood for the expense it occurs in connection with your processing of personal information.
Your LocalGood Account
Users of LocalGood may be required to create an account. We are building a community and an account is needed to cultivate that, keep Buyers and Sellers connected and tailor information to your area. We have developed a few rules to ensure that we are all good members of this community:
Any content you publicize on LocalGood, including but not limited to, comments, reviews, or statements that you post using our Services, are your contributions (“Your Contributions”). LocalGood does not make any claims to Your Contributions and cannot be held responsible for the content of Your Contributions. Any opinion or view expressed in Your Contributions represent your thoughts and not necessarily those of LocalGood or any of its affiliates or any of their respective officers, staff, or employees. The opinions and views expressed on these pages do not in any way reflect the views of the site they are posted on, other sites affiliated with the site, the staff involved with maintaining the site or any other users of the site.
Your Contributions you post to the site will be considered non-confidential and non-proprietary.
You represent and warrant that:
You understand and acknowledge that you are responsible for Your Contributions that you submit or contribute, and you, not LocalGood, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any of Your Contributions posted by you or any other user of the Website.
Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to these Terms and the following restrictions in particular:
Termination By You. You may unsubscribe from LocalGood at any time from your account settings. Unsubscribing will not affect the availability of some of Your Contributions that you posted through the Services prior to termination. For example, even after you unsubscribe, your previous Contributions will still be visible on LocalGood’s site and social media. Unsubscribing will not relieve you of your responsibility to pay any and all outstanding bills.
Termination By LocalGood. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. LocalGood may refuse service to anyone, at any time, for any reason.
If you or LocalGood terminate your account, you may lose any information associated with your account, including Your Contributions.
We May Discontinue the Services. LocalGood reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability
Items You Purchase. You understand that LocalGood does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so LocalGood cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release LocalGood from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. LocalGood is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen all users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that LocalGood shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Warranties. LocalGood is dedicated to making our Services the best they can be, but we’re not perfect and something things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither LocalGood, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages, arising out of or in connection with the Services or these Terms. In no event shall LocalGood’s aggregate liability for any damages exceed the greater of one hundred ($100) US dollars (USD) or the amount you paid LocalGood in the past twelve months.
We hope this never happens, but if LocalGood gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend LocalGood (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of LocalGood’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Release of LocalGood. You release LocalGood from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes With LocalGood
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
Governing Law. The Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Arbitration. You and LocalGood agree that any dispute or claim arising from or relating to the Terms shall be finally settled by and resolved exclusively and finally by binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules“) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules at www.adr.org/arb_med) unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and LocalGood are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, LocalGood will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Pennsylvania.
Modifications. If we make any changes to this “Disputes with LocalGood” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against LocalGood prior to the date the changes became effective. LocalGood will notify you of substantive changes to the “Disputes with LocalGood” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send LocalGood a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and LocalGood in accordance with the provisions of this “Disputes with LocalGood” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
Changes to the Terms
We may update these Terms every once in a while. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and/or sending you an email or messages about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and LocalGood regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Last updated on July 28, 2020