Local Living Terms and Conditions
Please read below
Welcome to Local Living. The following terms and conditions (the "Agreement") form a binding agreement between you and us. Please review the following terms carefully. By using the Site or any Local Living Services, you are agreeing to these terms, and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services.
• In order to purchase a product or service each member is required to create an account. We require this so you have access to print your voucher orders, view your referrals, or change your profile.
• When you order, you make an agreement to us to buy the products or services you have selected based on the restrictions of Local Living and the Merchant on the terms and conditions stated below.
• The Local Living experience that you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Local Living, is the seller of the goods and services. Local Living sells a voucher that can be redeemed in connection with your purchase of the goods or services from the Merchant.
• Local Living takes no responsibility for the Merchants services or products for which Local Living’ voucher may be redeemed – makes no warranty to the Local Living End Users for the safety, quality, use, or any other feature of the product or service for which the Voucher is redeemed. Some services for may involve activities that could potentially cause bodily harm (such as sky diving, etc), and for those activities, Local Living takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing the services for with the Local Living can be redeemed.
1. User Conduct:
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree to the following conduct:
Users shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Local Living' express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Local Living’ exclusive discretion restricts or inhibits any other User from using or enjoying this Site is strictly prohibited. User shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Local Living. Users will not conduct or promote any illegal activities,attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software that enables or underlies the Site. Users will not attempt to gain access to secured portions of the Site or Services to which user does not access rights to.
2. Disclaimer of Warranty:
TO THE EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT Local Living WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Local Living, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A FRIEDNLY BARGAINS REPRESENTATIVE SHALL CREATE A WARRANTY.
Local Living AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
3. Limitation on Liability:
UNDER NO CIRCUMSTANCES SHALL Local Living OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Local Living OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
4. Copyright and Trademarks:
Everything on this Site is exclusive property of Local Living. Any distributing, copying, posting, linking, deep linking, modification, or transmitting without the written permission of Local Living is strictly prohibited and may result in copyright, trademark, and/or intellectual property right infringement, resulting in severe civil and/or criminal penalties and persecution. Local Living owns the copyright in the arrangement, selection, and display of content including the photos, video, graphics, music, text, and descriptions. The End User may not publish, copy, or transmit the content, unless explicitly expressed in written approval by Local Living. Any trademarks within the Site are exclusive property of Local Living. The End user shall not upload or post any material protected by copyright, trademark, or intellectual property right without permission of the owner of the copyright. Local Living does not have to express any responsibility to determining whether the End User’s postings are infringing. By submitting anything onto the Site, the End User is solely liable for any harm resulting from the infringement of copyrights, trademark, and intellectual property. By submitting information to any public area on the Site, the End User warrants that the owner of the material has granted Local Living to post, modify, store, reproduce, and/or view such material.
Local Living is a trademark of Social Buying Group, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Local Living are the property of their respective owners.
6. License Grant:
By posting communications on or through this Site, User shall be deemed to have granted to Local Living a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licenses.
Local Living shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site. Without limiting the foregoing, Local Living shall have the right to remove any material from the Site that Local Living, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise objectionable.
You agree to defend, indemnify, and hold harmless Local Living, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site and the termination of this Agreement. Local Living reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnities listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
Local Living reserves the right to terminate this Agreement at any time. Local Living also has the right to terminate any accounts of End Users at its sole discretion in the event of any breach by the End User of this agreement, or by conducting unacceptable behavior.
10. Third Party Content:
Local Living is a distributor of content supplied by third parties and End users. Any opinions, statements, offers, services, or advice expressed by third parties are those of the respective author(s) or distributors. Local Living and any third-party provider of information does not guarantee the accuracy and completeness of the content. Local Living does not endorse and is not responsible for any opinions, statements, services, offers, and other information or content expressed or made available by third parties. In certain cases, the content on the Site represents the opinions and judgments of the respective end user, information provider, or other user not under contract with Local Living. Local Living does not endorse, nor is Local Living responsible for, the accuracy and reliability of the advice, opinion, or statement made.
Local Living is not liable for any damage or loss caused by an End User’s reliance on information obtained through Local Living . It is up to the End User to take responsibility in evaluating the completeness and accuracy of the information, opinion, or content available through Local Living.
Local Living contains link to third party Web-pages managed and maintained by other content providers. Local Living provides these links solely for convenience, and not as an endorsement by Local Living. The use of the links and access to the third-party sites are at the End User’s sole risk. Local Living reserves the right to remove or modify any links on the Site at any time without prior notification.
This Agreement and any operating rules for Local Living established by Local Living constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Legal issues arising out of, but not exclusive to the use of, this Site are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By using this Site, User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in Orange County, California under the rules of arbitration of the American Arbitration Association.