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GoLocal.deals by GoLocal.deals LLC. Terms of Use

Last Revised: June 21th 2024

1. Introduction
1.1
Legal Agreement
1.
These terms constitute a binding and enforceable legal contract between ("GoLocal.deals LLC.", "us", "our", or "we") and you "The advertiser" regarding use of "The Site" GoLocal.deals -so please read them carefully.
2.
You may advertise on "The Site" only if you fully agree to these terms.
1.2
Publishing an Ad on GoLocal.deals
1.
You agree to our Ad posting guidelines located at here.
2.
You accept that "we" can remove your Ad at any time for any reason at our sole discretion without explanation, notice or cause and that you forfeit any payments made for display of the Ad.
3.
"We" reserve the right to monitor and review your Ad's content at any time for any reason at our sole discretion without explanation, notice, or cause.
4.
"We" reserve the right to purge/delete from our systems expired Ads and related media (images, videos) at any time without notice.
5.
You accept the Disclaimer of Warranties described in section 7. below regarding your published Ad.
1.5
Privacy
1.
"We" care about your privacy. Please read our Privacy Policy to learn more about our practices.
2. Your Obligations
2.1
You represent and warrant that ...
1.
You are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into and form a binding agreement with us, on behalf of yourself, and the business or entity you represent;
2.
You are not a resident of a country that the U.S. government has embargo'd for use of "The Site", nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
3.
You have the legal non-infringable rights to any content uploaded and published by you or your contributors to your Deals Board including any designs, images, animations, videos, audio files, logos, illustrations, compositions, artworks, text, literary works, and any other materials, and you have (and will continue to have) the full power, title, licenses, consents, and authority to unconditionally transfer and license any and all rights and interests in such uploaded content to GoLocal.deals for the purpose of displaying on GoLocal.deals (The Site) and use for the purposes of marketing GoLoca.deals (The Site).
4.
You have obtained all consents and permissions required under all applicable laws, regarding the Deals Board posting and publication of any personal information and/or image or likeness of any person, entity or property.
2.2
You undertake and agree to ...
1.
Fully comply with all applicable laws and any other contractual terms which govern your use of the "The Site", including those specific laws applicable to any of your geographical locations;
2.
Be solely and wholly responsible and liable with respect to any of the uses of the site for your Ad content and representations by such Ad content.
3.
Allow "us" to use in perpetuity, worldwide, and free of charge, any version of your Ad content (or any part thereof) for any of GoLocal.deals marketing and promotional activities, online and/or offline, and modify such content as reasonably required for such purposes and you waive any claims against "us" or anyone on its behalf relating to any past, present, or future moral rights, artists' rights, or any other similar rights worldwide that you may have in Ad content with respect to such limited permitted uses.
4.
Allow "us" at our sole discretion determine the means, manners, and methods the site's operation including those regarding the hosting, transmission, publication and/or display of your Ad.
5.
2.3
You undertake and agree NOT to ...
1.
Directly, indirectly, or on behalf of, copy, modify, create derivative works of, download, adapt, reverse engineer, or attempt to reverse engineer, emulate, migrate to another Service, translate, compile, decompile or disassemble "The Site" or any part thereof including User Experience and Design, or any content offered by "The Site", or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under our Terms of Use.
2.
Submit, transmit or display any Ad content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates our rights or any third party rights (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3.
Publish and/or make any use of "The Site" and it's content on any website, media, network or system other than those provided by "The Site", and/or frame, "deep link, "page scrape", mirror and/or create a browser or border environment around "The Site" and it's content (or any part thereof), except as expressly permitted by us, in advance and in writing;
4.
Use any "spider", "robot" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of "The Site" or its data, or in any way reproduce or circumvent the navigational structure or presentation of the site to obtain or attempt to obtain any materials, documents, Services or information through any means not purposely made available through the site.
5.
Act in a manner which might be perceived as damaging to our reputation and goodwill, or which may bring "us" into disrepute or harm;
6.
Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use GoLocal.deals marks and/or variations and misspellings thereof;
7.
Impersonate any person or entity or provide false information on "The Site", whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to "us" and/or any GoLocal.deals "The Site" end-users;
8.
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that "we" or any third party endorses you, your Ad, your business, your User Products, or any statements you make.
9.
Reverse look-up, trace, or seek to trace another User of "The Site", or otherwise interfere with or violate any other User's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the site.
10.
Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to "The Site" it's advertisers, it's end-users, or any other systems or networks connected to the site, by hacking, password mining, or other illegitimate or prohibited means;
11.
Probe, scan, or test the vulnerability of "The Site" or any network connected to the site;
12.
Upload to "The Site" or otherwise use the site to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
13.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the "The Site" or our systems or networks connected to the site, or otherwise interfere with or disrupt the operation of any of the site's servers or networks or disobey any requirements, procedures, policies, or regulations of such servers or networks;
14.
Use "The Site" in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising;
15.
Sell, license, or exploit for any commercial purposes "The Site" or site artifacts unless explicitly and specifically sanctioned by us.
16.
Violate, attempt to violate, or otherwise fail to comply with any of our Terms of Use or any laws or requirements applicable to your use of "The Site".
3. Content and Ownership
3.1
Your Intellectual Property
1.
As between "us" and you, you shall own all intellectual property pertaining to your Ad content, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials created by you or third parties for Third Party posts.
2.
Howevever, you also hereby grant "us" royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub-licensable rights, and licenses to use your Deals Board content (including your Third Parties content) in whole or in part worldwide in order to provide you the Services of "The Site", and, without limiting the foregoing, you agree that "we" may use your name, trade name, trademarks and icons for certain marketing and promotional purposes.
3.
Subject to your full compliance with our Terms of Use, "we" hereby grant you, upon creating and publishing your Ad and for as long as "we" wish to provide you with "The Site" access, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the site for the purpose of displaying your Ad content to "The Site" end users and offering such end-users offers, promotions, products, services, news, and other informations therein, as expressly permitted under these Terms of Use.
4.
Our Terms of use do not convey any rights or interests in, or to our Intellectual Property (or any part thereof), except only for the limited license expressly granted in these Terms of Use. Nothing in our Terms of Use constitutes an assignment or waiver of our Intellectual Property rights under any law for any reason.
3.2
Feedback and Suggestions
1.
If you provide "us" with any suggestions, comments or other feedback relating to "The Site" whether existing, suggested or contemplated, or which is or may be subject to any Intellectual Property rights (collectively "Feedback"), such Feedback shall be exclusively owned by us.
2.
By providing such Feedback to us, you 1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any body else's rights, 2) irrevocably and unconditionally assign to "us" any right, title and interest you may have in such Feedback, 3) explicitly, unconditionally, and irrevocably waive any and all claims relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide in or to such Feedback.
4. Pricing, Charges and Refunds
4.1
Pricing and Charges
1.
"We" reserve the right to change our Pricing at any time without notice.
2.
All pricing shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by "us" to the extent permitted by law, and unless specified otherwise by us, all charges assessed are exclusive of all taxes (including value added tax, sales tax, goods and Services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes for amounts billed and paid by you for use of "The Site".
4.2
Refunds
1.
"We" do not issue refunds.
4.3
Chargebacks
1.
If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any authorized amounts ("Chargeback"), this act will be considered a breach of your payment obligations hereunder, and your use of "The Site" may be automatically terminated.
2.
In the event a Chargeback is performed, your Deals Board account may be blocked without the option to re-use it, and any data or content contained in such Deals Board account may be subject to deletion. 
3.
Your use of "The Site" will not resume until payment of any applicable amounts in full, including any fees and expenses (expenses include handling and processing charges and fees incurred by the payment processor) incurred by "us" for each Chargeback received.
4.
If you have any questions or concerns regarding a payment made to us, "we" encourage you to first contact "us" before filing a Chargeback or reversal of payment in order to prevent the your Deals Board account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for applicable Fees and expenses.
5. Loss of Data, Content and Capacity
5.1
Data, Content, and Capacity Loss
1.
You agree not to hold "us" responsible for ANY loss of data, content, or capacity of for any reasons that results in or causes losses to you by use of "The Site".
6. Misconduct, Abuse and Copyrights
6.1
Misconduct and Abuse
1.
When using "The Site", you may be exposed to other Websites, Content or Third Party Services from a variety of sources which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against "us" with respect thereto.
6.2
Copyrights
1.
"We" act in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA").
7. Disclaimer of Warranties
7.1
You NEED to acknowledge and accept
1.
"We" provide the "The Site" "As Is", "with all faults" and on an "as available" basis, without any warranties of any kind including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty - all to the fullest extent permitted by law. "We" specifically do not represent or warrant that "The Site" (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way suitable for or compatible with any of "The Sites" end-users contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to "The Sites" end-users' (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations.
2.
"We" CANNOT, and DO NOT GUARANTEE the uninterrupted, and even non display of your Ad once published, and NO REFUNDS will be offered for such interruptions irrespective of the cause(s) or lengths(s) of such interruptions.
You agree that YOU (and any affected parties) will NOT hold "us" (GoLocal.deals LLC. for GoLocal.deals) responsible for ANY and ALL loses resulting from such interruptions.
You also accept that if Ad does not meet "our" (GoLocal.deals LLC. for GoLocal.deals) guidelines that we at our SOLE discretion irrespective of any specific guideline can stop display of your Ad without notice or explanation, and that you will forfeit the FULL payments made for such Ad.
3.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may "we" be considered a "publisher" of any Ad Content, and "we" do not in any way endorse any Ad Content, and "we" assume no liability for any Ad Content uploaded, posted, published and/or made available by you on "The Site" for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you suffer or incur as a result of or in connection with publishing such content.
Furthermore, "we" shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing Ad content you or any other party may encounter.
4.
You acknowledge that there are risks in using the "The Site" and that "we" cannot, and do not guarantee any specific outcomes from such use and/or interactions with "The Site" and that you will not be entitled to any refunds resulting from such risks.
5.
"We" do not recommend the use of "The Site" for hosting of personal and/or private content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
8. Limitation of Liability
8.1
You NEED acknowledge and accept
1.
To the fullest extent permitted by law in each applicable jurisdiction, GoLocal.deals, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, third party, incidental, special, punitive, exemplary or consequential damages or monetory loses whatsoever, including any damages or monetory loses resulting from (1) interruptions -irrespective of period, in the display of your published Ad (2) errors, mistakes, or inaccuracies of or in any content; (3) any personal injury or property damage related to your use of "The Site"; (4) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (5) any interruption or cessation of transmission to or from "The Site" (6) the use or display of any Ad Content posted, emailed, transmitted, or otherwise made available via "The Site"; and/or (7) events beyond the reasonable control of GoLocal.deals, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.
2.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for GoLocal.deals's Services to you, and such limitations will apply even if GoLocal.deals has been advised of the possibility of such liabilities.
9. Indemnity
9.1
You NEED to know and acknowledge
1.
You agree to defend, indemnify and hold harmless GoLocal.deals, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (1) your violation of any term of these Terms of Use or any other GoLocal.deals Terms; (2) your violation of any third party rights, including any copyright, property, or privacy right, resulting from your Deals Board Content and/or your use of "The Site"; and/or (3) any other type of claim that your Deals Board Content caused loss or damage to a third party.
10. General
10.1
Changes & Updates
1.
GoLocal.deals reserves the right to change, suspend or terminate any of the GoLocal.deals Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the GoLocal.deals Services (including removal of any materials created by you in connection with the GoLocal.deals Services) for any reason and/or change any of the GoLocal.deals Terms with or without prior notice - at any time and in any manner.
2.
You agree that GoLocal.deals will not be liable to you or to any third party for any modification, suspension or discontinuance of those GoLocal.deals Services (or materials, content or Services created, developed or connected by you in connection with the GoLocal.deals Services).
3.
You understand that "we" can change our prices at any time without notice, explanation, or reason.
10.2
Governing Law & Jurisdiction
1.
You expressly acknowledge and agree that GoLocal.deals shall have the right to enforce these Terms against you.
2.
The GoLocal.deals Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Wix Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the GoLocal.deals Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the of the Unites States of America and the State of Florid, without respect to its conflict of laws principles.
3.
Subject to any applicable law, all disputes between you and GoLocal.deals shall only be resolved on an individual basis and you shall not have the right to bring any claim against GoLocal.deals as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
10.3
Notices
1.
"We" may provide you with notices in any of the following methods: (1) via "The Site", including by a banner or pop-up within "The Site" or elsewhere; (2) by e-mail sent to the address you provided as part of your Ad setup.
10.4
Relationship
1.
These GoLocal.deals Terms of use, and your use of the "The Site", do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between GoLocal.deals and you.
10.5
Entire Agreement
1.
These Terms of Use, together with the GoLocal.deals Terms and any other legal or pricing notices provided to you by GoLocal.deals shall constitute the entire agreement between you and GoLocal.deals concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between GoLocal.deals and you, including those made by or between any of our respective representatives, with respect to "The Site".
You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of GoLocal.deals in entering into any of the GoLocal.deals Terms.
10.6
Assignment
1.
GoLocal.deals may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in "The Site" and other GoLocal.deals Services to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of GoLocal.deals Any attempted or actual assignment thereof without GoLocal.deals's prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 10.6.
10.7
Severability & Waivers
1.
If any provision of the GoLocal.deals Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the GoLocal.deals Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
10.8
Interpretation
1.
Any heading, caption or section title contained herein, and any explanation or summary is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds "us" in any way.