Terms of Use

Terms of Use (User Agreement)

About Local Goods Market

Welcome! Local Goods Market (localgoodsmarket.com) is an online marketplace for the city of Jacksonville. We provide a venue for small businesses and entrepreneurs to connect with customers and showcase their products. These Terms of Use (Terms, User Agreement) govern your access to and use of Local Goods Market and constitute a binding legal agreement between you and Local Goods Market. In these Terms, “Local Goods Market”, “us”, “we”, or “our” will mean Local Goods Market LLC and will include the website localgoodsmarket.com (“the Site”) and the Services provided through the website, including our Local Delivery Service and the Shop Organizer Services (“Services”). By accessing or using the Site, utilizing the Services, or by posting any Member Content, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms of Use, you do not have permission to access the website or utilize our services.

Key Terms related to Content

“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Site Content” means all Content that Local Goods Market makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Member” means a person that completes our account registration process, as described under “Account Registration” below.
“Member Content” means all Content, including products that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, or Services.
“Lead time”- within this article “lead time” will refer to the time the product is ordered, to the time the product is ready for shipment.
“Vendor” is the seller/manufacturer/distributor of a product on the website
“Services” –Local Delivery Services and Shop Organizer

The Vendors, and their respective goods, made available on our Site are independently owned and operated entities. Local Goods Market is not responsible for the manufacturing, distribution, sale or safety of the products and does not verify the Vendor’s compliance with any applicable laws. In addition, Local Goods Market does not guarantee the quality of what the vendors sell, nor does it guarantee the services provided by the vendor. Local Goods Market does not independently verify representations made by vendors regarding their goods, including without limitation any product descriptions or disclosures.

Participation in Local Goods Market

To participate in Local Goods Market you must: 1) register to create an account 2) be 18 years of age or older 3) be the authorized holder of the credit card or PayPal account used in registration process 4) and have the ability to enter into a legally binding agreement. In consideration of the use of the Site’s services, you agree to a) provide true, accurate, complete, and current information about yourself during account creation, and b) maintain and promptly update the personal information you provide to keep it true, current, accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Local Goods Market has reasonable grounds to suspect the information is untrue, inaccurate, not current or incomplete, or for any other reason we deem appropriate, Local Goods Market has the right to block your current and future use of the Site or services. All accounts are non-transferable.
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Local Goods Market of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Local Goods Market will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
Creating an account with Local Goods Market does not create or imply any agency, partnership, joint venture, employment, or franchisee relationship between you and Local Goods Market.

Transactions

Each Vendor on Local Goods Market is an independent seller who manages their own “shop”. Local Goods Market is not directly involved with transactions between buyers and sellers. Each Vendor may have their own return, refund and exchange policy so it is important to be aware of these before making a purchase.

By entering into a transaction on localgoodsmarket.com you authorize Local Goods Market to charge your account for any fees associated with the transaction. Please see separate fees schedule.
Local Goods Market uses PayPal as its third party service providers for payment services (e.g. card acceptance, Vendor settlement, and related service fees). By making use of some or all of these payment services on the Site you agree to be bound by PayPal’s user agreement and with its privacy policy and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our third party service provider(s) to the extent required to provide the payment services to you. PayPal may also be contacted directly for payments support.

Local Goods Market has a standard return policy of 7 days from original purchase, provided the item is nonperishable, is not custom or made-to-order, is in its original package and has the original tag still attached (see Returns and Refunds). Each Vendor may choose their own return policy for their items and this policy must be posted in their store. If no other Return or Refund Policy is specified by Vendor, the Local Goods Market return policy will apply.

Title and risk of loss for the items transfer to the recipient upon delivery of item to address specified by recipient during the use of Local Delivery Service or upon delivery of item to the common carrier in the United States.

Privacy

See our Privacy Policy concerning Local Goods Market’s collection and use of your personal information.

License

The Site, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. To the extent permitted by applicable law, Local Goods Market owns all right, title and interest in and to the Site, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Site Content.

If you are 18 years or older, we grant you a limited, non-exclusive, non-transferable, non-assignable, non-sub licensable, revocable license to access Local Goods Market in compliance with the Terms of Use; unlicensed use is unauthorized. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, or Site or Member Content, excluding content you create. No licenses or rights are granted to you except for the licenses and rights expressly granted in these Terms of Use.

You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid license to use, copy, perform, display, distribute, and make derivative works from content you post to promote the Site or your store.

Local Goods Market reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’s features, look and feel, and functional elements and related services.

Member Content, Reviews

We may permit Members to post, upload, publish, submit or transmit Member Content, including without limitation, products, products descriptions, shop descriptions, member ratings and reviews, saved favorites, liked items, and usernames. Local Goods Market does not claim any ownership rights to any Member content. Members are solely responsible for all Member Content that is made available through the Site and Services. By posting Member Content, you represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Site (“Member Content”). See General Prohibitions below for Content that is not allowed on the Site.

You agree that you are solely responsible for all of your communications and interactions with other users of the Site, applications or services and with other persons with whom you communicate or interact as a result of your use of the Site, applications or services. You understand that Local Goods Market does not screen or inquire into the background of any users of the Site, applications or services, nor does Local Goods Market make any attempt to verify the statements of users of the Site, or services. Local Goods Market makes no representations or warranties as to the conduct of users of the Site, or services or their compatibility with any current or future users of the Site, or services.

The Site may allow you to rate and post reviews about vendors (Ratings and Reviews). Such Ratings and Reviews are considered Member Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding the Site’s standards of conduct (see general prohibitions). Ratings and Reviews are not endorsed by Local Goods Market, and do not represent the views of Local Goods Market or of any affiliate or partner of Local Goods Market. Local Goods Market does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews.

General Prohibitions

The Site and Services are meant to only be used in the United States of America. Below is a partial list of goods, conduct and content prohibited on Local Goods Market. By using Local Goods Market, you agree to abide by all laws regarding online conduct. The Vendors are directed to follow all local, state, and federal laws, regulations, and standards regarding the manufacturing, distribution, sale, and marketing of their products, including product safety and manufacturing labeling. All products posted for sale on Local Goods Market shall abide by all Local, State, and Federal laws, regulations, and standards regarding the manufacturing, distribution, sale and marketing, including all necessary product safety labeling. If you see anyone who is violating any of these prohibitions please notify Local Goods Market at products@localgoodsmarket.com.

Any Content that:

  1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
  2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
  3. is fraudulent, false, misleading or deceptive.
  4. is defamatory, obscene, vulgar or offensive, pornographic or contains nudity.
  5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
  6. is violent or threatening or promotes violence or actions that are threatening to any other person.
  7. promotes illegal or harmful activities or substances.
  8. false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
  9. Personal, identifying, confidential or proprietary information
  10. Non-local content, spam,

Any goods such as the following or contain any of the following are prohibited from sale on the Site:

  1. Weapons including firearms/guns and components; BB/pellet, stun, and spear guns; etc.
  2. Ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
  3. Hazardous substances (see Federal Hazardous Substance Act); gases, body fluids, radioactive substances, fertilizers
  4. Prescriptions drugs, Herbal Supplements, Alcohol or Tobacco, controlled substances
  5. Medical devices, or items making medicinal claims
  6. Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute;
  7. Durable Infant and Toddler products (e.g. cribs, strollers, carriers, etc.)
  8. Pornography of all types (sexual wellness items ok)
  9. Endangered or protected species and any parts thereof (e.g. ivory)
  10. Animals or animal parts
  11. Burglary tools, stolen property
  12. ID cards, government documents, police insignia, birth certificates, etc.
  13. Counterfeit, replica, or pirated items
  14. Lottery or raffle tickets, gambling items
  15. Recalled or banned products

Any of the following conduct:

  • Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers. Attempt to probe, scan, or test the vulnerability of any Local Goods Market system or network or breach any security or authentication measures.
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Local Goods Market or any of our providers or any other third party (including another user) to protect the Site, or Site Content.
  • Attempt to access, monitor, search, copy, download or scrape the Site, or Site Content, for any purpose, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like), or through the use of any manual process, other than the tools provided by Local Goods Market within the Site or by means of generally available third party web browsers, without our express written permission.
  • Take any action that is harmful to, inconsistent with or disruptive of the Site and/or the beneficial use and enjoyment of the Site by its users, including but not limited to any form of unauthorized automated traffic or scripted scraping, or taking any action that may impose, in our discretion, an unreasonable load on our infrastructure.
  • Access or use the Site, or Site Content, to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any website, program, application, service, device, technology, product, or computer program that competes with, or enables or provides access to, use of, operation of or interoperation with, the Site.
    Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
  • Use any meta tags or other hidden text or metadata utilizing a Local Goods Market trademark, logo URL or product name without Local Goods Market’s express written consent.
  • Use the Site, or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, or Site Content to send altered, deceptive or false source-identifying information.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Site Content.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site.
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their expressed permission.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Violate any applicable law or regulation.
  • Encourage or enable any other individual to do any of the foregoing.

You agree that Local Goods Market may moderate access and use of Local Goods Market in our sole discretion, for example by blocking (e.g. IP address), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree not to bypass any moderation. You agree we are not liable for moderating, not moderating, or representations as to moderating. You agree nothing we say or do waives our right to moderate, or not moderate.

Links

The Site, may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Local Goods Market. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Site, or Service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve Local Goods Market from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, or Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Local Goods Market shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Change or Termination

We may, without prior notice, change the Site or Services, stop providing the Site or Services, or create usage limits for the Site or Services. We may permanently or temporarily terminate or suspend your access to the Site or Services without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Site or Services for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimers

The Site, services and Site content are provided “as is”, without warranty of any kind, either express or implied. Local Goods Market explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Local Goods Market makes no warranty that the Site, Services or Site content will meet your requirements or be available on an uninterrupted, secure, or error-free basis, and/or that the Site, the materials and/or other content on the Site is free from viruses or other harmful components. Local Goods Market makes no warranty regarding the quality of any products, Service or Site content obtained through the Site, or Services or the accuracy, timeliness, truthfulness, completeness or reliability of any Site content obtained through the Site, applications or Services.

Indemnity

You agree to defend, indemnify, and hold Local Goods Market, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  1. Your access to or use of the Site, Services or Site Content,
  2. Your Member Content
  3. Products purchased from Vendors through the Site
  4. Your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Site content remains with you. Neither Local Goods Market nor any other party involved in creating, producing, or delivering the Site, applications, services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the Site, applications, Services, Site content, or from any communications, interactions or meetings with other users of the Site, applications or Services or other persons with whom you communicate or interact as a result of your use of the Site, applications or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Local Goods Market has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Local Goods Market’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the Site, applications, Services or Site content exceed one thousand dollars ($1000). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Local Goods Market and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Local Goods Market used herein are trademarks or registered trademarks of Local Goods Market. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

This contract, the Site and Services, shall be governed by and construed under the laws of the State of Florida and any claims or disputes arising thereunder shall be submitted exclusively to courts located in Duval County Florida.

Notification Procedures

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Local Goods Market and you regarding the Site, Services, Site Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Local Goods Market and you regarding the Site, Services and Content.
Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Local Goods Market’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Local Goods Market may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Local Goods Market:

  1. via email (in each case to the address that you provide), or
  2. by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Local Goods Market to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Local Goods Market. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

How to contact Local Goods Market

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services. If you have any questions about these Terms or any questions, complaints or claims with respect to the Site or services, please contact us at customersupport@localgoodsmarket.com.

Version: December 1st 2016

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