Terms of Use

Terms of Use

Effective August 6, 2019

The use of LocalGear.com, LLC ("Locally") and its affiliated services are governed by the following legal notices and conditions. By using Locally and its affiliated services, you agree to these conditions.

PRIVACY POLICY

Our Privacy Policy is available for all users and clients at https://www.locally.com/privacy.

HYPERLINKS

Some of the links we make available to you through our website will redirect you to leave our website(s). We cannot guarantee that the hyperlinks set out on our website(s) will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control. We cannot and do not monitor the websites linked to our pages on the Internet. Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. We believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by Locally or their sites or their content.

“BUY IT LOCALLY” TRANSACTION SERVICES

Buy It Locally offers Users the ability to reserve or pay for an item for in-store pickup or same-day delivery from a local Retailer. This is an opt-in service for the Retailer and may not be available in all areas.

Reserve Online Pickup In Store (ROPIS). The availability of the ability to reserve a product for in-store pickup is based on the most recent inventory information submitted by the local Retailer. When a User places a ROPIS request for in-store pickup, Locally contacts the Retailer to confirm or decline the transaction within a response-time window of four hours, during store hours. Store hours may be subject to change during holidays and are the responsibility of the Retailer. Once the Retailer responds to the request, Locally will provide confirmation to the User by email or other electronic messages (SMS) as has been agreed to by User. By using Buy It Locally, User agrees to receive updates via email and/or other electronic messages indicated during the transaction and is responsible for any fees incurred. Updating and collecting the appropriate sales and/or service tax is the responsibility of the Retailer. These terms apply to all transaction types.

Buy Online Pickup In Store (BOPIS). A User may select Buy Online Pickup In Store at a selected Retailer. To place a BOPIS request, the User must provide valid debit or credit card information. To confirm that the debit or credit card information you have provided is accurate, we may place a temporary authorization on your debit or credit card at the time you provide your debit or credit card information, however, your debit or credit card is not charged until the Retailer receives the requests and confirms the order. For full payment terms, please refer to https://stripe.com/legal. If the Retailer is unable to confirm the order, your debit or credit card is not charged, and you are notified by email or other electronic messages (SMS) as has been agreed to by User. All User requests for partial or total refunds on BOPIS order returns must be communicated to the Retailer, not Locally. If a shopper’s meaningful attempts to receive return a product purchased via Locally’s ROPIS method are unsuccessful, you may open a dispute by contacting Locally at https://www.locally.com/contact.

Same-Day Delivery. A User may select Buy Online, Same-Day Delivery at a selected Retailer to initiate an online purchase for a scheduled delivery through independent contractor couriers (“Couriers”). This is a purchase directly from the selected Retailer, not Locally or the brand whose products you are purchasing. When a User places a request for same-day delivery, Locally contacts the Retailer to confirm or decline the transaction prior to the delivery window selected by User during the check-out process. The User is notified of order updates as the Retailer confirms the order, the Courier is dispatched, and the product arrives, by email or other electronic messages as has been agreed to by User.

Deliveries are transported to the User by the third party Courier the User selects during check-out. In doing so the User agrees to the terms and privacy policies of our Couriers, Deliv, Postmates, or the User can contact the selected Retailer if a delivery is being facilitated solely by the Retailer. If the User is not available to receive the package in-person, the package is left at the door or is left as instructed by the User in the special instructions and the User is liable for the package. Any delivery issues must be resolved with the selected Courier, and any order issues or requests for refunds must be made with the Retailer selected by the User.

No-Show Policy. Locally is committed to providing superior quality services to Users and Retailers. To assist us in maintaining a consistently high level of service for the Retailers, Users are expected to make a best effort to arrive at the store to pick up their items. Users are able contact the Retailer informing them that they are no longer able to pick up the item or request refunds on orders, however, Locally reserves the right to limit future order participation based on repeated failure to appear at the Retailer by a User.

Promotions (“Coupons”). A User may utilize a “coupon” to receive a discounted rate on a product or service offered by Locally. Coupons are created by Retailers or Brands. Retailers or Brands dictate the usage of the Coupon and reserve the right to make changes at any time. Coupons are not redeemable for Cash. For more information on terms and conditions to specific Coupons, please contact the Brand or Retailer offering the Coupon.

ELECTRONIC COMMUNICATIONS

We may send you communications from us electronically, whether by e-mail or similar electronic means. You agree that any such electronic communications are considered to be communications in writing.

INTELLECTUAL PROPERTY

All content included on the website, including but not limited to text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is the property of Locally or its vendor partners, media partners, retail partners or other business partners and is protected by United States and international copyright laws.

Locally graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Locally in the United States and/or other countries. These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by Locally, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit Locally. There may be other trademarks not owned by Locally appearing on the website. Those trademarks are the property of their respective owners, who may or may not be affiliated with Locally.

If you believe that your work has been copied by Locally, then please contact Locally's Legal Department at: Local Gear LLC, Attn: Legal Department, 6223 Woodcrest Drive, Ellicott City, MD 21043, Legal@Locally.com.

LICENSE AND SITE ACCESS

Locally grants you a limited license to use its websites for business use only. You may not copy or reproduce the website, or any portion of it, without Locally's express written consent. In addition, Locally grants you a limited, revocable, and nonexclusive right to create a hyperlink to Locally's website, so long as the link does not portray Locally in a misleading, derogatory, false, or otherwise offensive manner.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Locally reserves the right to refuse service, terminate accounts, remove or edit content, or terminate entries in contests at their sole discretion. If you are under 18, you may not use Locally without the involvement of a parent or guardian over the age of 18.

SECURITY

The Internet, being an open network, is not secure. If you choose to send any electronic communications to Locally by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. Locally does not and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, Locally makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post content on certain portions of Locally's websites and submit other content or information to Locally, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Locally. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own email address in submitting or posting such content. Locally reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

Posting content or submitting material shall grant Locally the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant Locally and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material and that you will indemnify Locally for all claims resulting from content you supply. Locally has the right but not the obligation to monitor and edit or remove any activity or content. Locally takes no responsibility and assumes no liability for any content posted by you or any third party.

PRESS RELEASES

All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Locally's knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.

OFF-SITE SAAS SERVICES

(1) Support Services and Uptime. For companies using Locally's tools on their own website, support services include unlimited remote service and support during normal business hours and 24x7 for emergency support. Customer will designate one individual who will be the authorized point of contact for all technical support communications between Locally and Customer at all times. Locally will use commercially reasonable efforts to keep the SAAS System available on a 24 hour a day, 7 day a week basis, subject to occasional scheduled downtime (during non-working hours, for short periods of time, typically on Sundays and communicated in advance) for maintenance purposes, unforeseen maintenance and systems outages, or routine testing of the Services.

(2) Limited Use. You and your Users may access the SAAS System and use the SAAS Services solely to support and operate in your internal business (i) the Products purchased by you from Locally; and (ii) Locally's web-based monitor and control management portal (“the Portal”). Locally reserves the right, in its sole discretion, to limit your and/or your Users' use of the SAAS Services in the event that Locally determines that your and/or your Users' use thereof to be inconsistent with such purposes, and/or otherwise inconsistent with these Terms of Use.

(3) Billing Terms. Following expiration of the Initial Term, the Term of Service will automatically revert to a month to month arrangement until either party gives the other party notice of non-renewal at least 30 days prior to the next scheduled renewal date. You agree to pay at the time indicated in the Agreement Terms all payments due from you thereunder. If not otherwise indicated in the Agreement Terms, all payments are due thirty (30) days from invoice. Service Provider grants to Customer a limited, non-exclusive, terminable, non-transferable license to access the SAAS Services through the SAAS System, or by any other means on which the parties may agree, and to use the SAAS Services during the Term or Service, subject to the Terms of Purchase and Use located here, as Service Provider may revise such Terms of Use from time to time.

(4)Termination of the SAAS Subscription Agreement. In the event that you breach any term of the SAAS Subscription Agreement, or you or your Users breach these Terms, and such breach is not cured within 10 days after receipt of notice thereof from Service Provider, Service Provider may terminate the SAAS Subscription Agreement in whole or in part immediately upon written notice to you. Notwithstanding the foregoing, there shall be no cure period for any Event of Default that is not curable. Upon expiration or prior termination of the SAAS Subscription Agreement, all rights granted herein shall revert to Service Provider. All access to and use of the SAAS Services by Users must then cease, and all materials, applications and tools downloaded from the SAAS Service must be erased, deleted, or destroyed.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

To the full extent permissible by applicable law, Locally disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Locally does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from locally are free of viruses or other harmful components. Locally will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You and your Users release and waive all claims against Service Provider, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your and your Users' use of the Products and the SAAS Services.

This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by Locally on an "as is" and "as available" basis, unless otherwise specified in writing. Locally makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

CLAIMS AGAINST LOCALLY

If you have a claim against Locally, you agree that it will be resolved by binding arbitration. This means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. You also agree not to bring a class action suit against Locally, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.

APPLICABLE LAW

The law of the State of Louisiana and federal law to the extent applicable governs the use of Locally's sites. Any claim which qualifies to be filed in a court of law will be heard exclusively in the appropriate jurisdiction of the Louisiana court system.

LOCALLY'S RIGHT TO AMEND AND REMOVE POLICIES

Locally has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.

LOCALLY'S ADDRESS

LOCAL GEAR LLC Attn: Legal Department 6223 Woodcrest Dr., Ellicott City, MD 21043 Email: Legal@Locally.com