“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.
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.
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 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.
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.
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.
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.
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 email@example.com.
Any Content that:
Any goods such as the following or contain any of the following are prohibited from sale on the Site:
Any of the following conduct:
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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:
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.
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 firstname.lastname@example.org.
Version: December 1st 2016