In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
The communications between you and Shop Local 1st are electronic. You consent to receive communications from Shop Local 1st in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Your permission to use the Sites and/or Services is conditioned upon your agreement that you:
are 18 years of age or older;
will comply with these Terms;
are able to form a binding contract with us;
are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
will not impersonate another user of the Sites and/or Services.
You will need to register by creating an account with Shop Local 1st (either by registering directly with us or by allowing a Shop Local 1st application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain Services, including Deals. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Shop Local 1st Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Shop Local 1st may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
Shop Local 1st relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Shop Local 1st provides consumers with opportunities to purchase certain products and services (each a “Deal,” and collectively, “Deals”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified, using a time-limited promotional voucher exchangeable for Merchant goods and services (a “Voucher”). The promotion of each Deal works as a form of advertisement for the Merchant by Shop Local 1st.
By purchasing, printing, accepting, using or attempting to use any Voucher, you agree to these Terms, the fine print identified in the Deal copy (defined below) and/or any additional deal-specific terms related to the Deal at the time of purchase. These Terms apply to all Vouchers, unless the Fine Print on a particular Voucher states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Voucher, the Fine Print will control, except to the extent prohibited by applicable law.
Some categories of Deals have special terms that vary from the general deal terms stated in this Section 6. These special terms which are set forth here. Any other varying terms for specific Deals will be set forth in the Fine Print.
By placing an order for a given Deal, you are agreeing to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have placed your order, you will receive a confirmation of the Deal and your credit card or other payment mechanism will be charged for the amount of the Deal. We will notify you by email when the Voucher for the Deal is ready to be used. You are required to create an Account in order to purchase any Deal so we can collect information to allow you to pay for your Deals and so we can provide you with easy access to print your Deals, view your past purchases and modify your preferences.
In addition to the terms set forth herein, each Deal comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Voucher). The Fine Print may restrict things such as when or where You can redeem a Voucher, as well as other Deal-specific limitations, so always read carefully.
Most Vouchers combine two separate portions that make up the Deal: (i) a paid portion equal to the amount you paid for the Deal (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "Promotional Portion").
Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers
Vouchers must be redeemed in their entirety in one visit to a Merchant.
For vouchers that may be redeemed over several visits, purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.
Vouchers are not redeemable for cash.
Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
Vouchers cannot be combined with any other coupons or promotions.
Vouchers cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
Neither Shop Local 1st nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
Duplicate use, sale or trade of a Voucher is prohibited.
Unless otherwise stated in the Fine Print, the Voucher price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
The Promotional Portion of the Voucher will always expire on the date printed on the Voucher. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Voucher will expire five (5) years from the date that the Voucher was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Voucher beyond five years, in which case the Paid Portion of the Voucher will expire in accordance with the applicable law.
Sometimes we offer Deals that are date-specific, such as a Deal for a ticketed event or a Deal where you select a specific day to stay at a hotel (“Date-Specific Deal”). Usually this means that the Voucher can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Voucher. In either case, the date you select will be identified on the Voucher, and you can only redeem the Voucher on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Voucher. You may not reschedule a Date-Specific Deal for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific Deal on the date specified on the Voucher. If for some reason the Date-Specific Deal is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancellation or rescheduling. If the Date-Specific Deal is rescheduled, our email to you will include the new date for the Date-Specific Deal. If you cannot make the new date for the Date-Specific Deal, you will be entitled to a refund of the Paid Portion upon request. If, however, the Date-Specific Deal is canceled and will not be rescheduled, we will automatically refund you the Paid Portion.
The Refund policy for any Deal will always be stated at the time of purchase and, if you are purchasing a Voucher, on your Voucher. Please review our current Refund policies, and general policies.
We want you to be happy with your Shop Local 1st experience. If You have trouble redeeming Your Voucher for any reason, please contact us so we can work with the Merchant to resolve Your issue.
The Merchant is the issuer of the Voucher and is solely responsible for redeeming the Voucher. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. Unless otherwise indicated in a Deal or other offer, Shop Local 1st is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release Shop Local 1st and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the products and/or services it provides in connection with it.
Some Deals are not available for purchase beyond certain geographical and jurisdictional boundaries. Shop Local 1st reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher, the Sites, the Services or any other product or service. Shop Local 1st does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. Some of our Deals are limited in number. Any attempt by you to obtain more than the permitted number of Vouchers specified for a particular Deal, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.
We display discounts on our Sites in connection with each Deal. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.
The price of Vouchers (or other products and services) will be as quoted on our Site from time to time, except in cases of obvious error. Shop Local 1st strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. Shop Local 1st reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Shop Local 1st will notify you by email. In addition, Shop Local 1st reserves the right, at its sole discretion, to correct any error in the stated full retail price.
After you buy a Deal, Shop Local 1st may send you a personalized link which you may choose to share with your friends. If at least three of your friends buy the same Deal using your personalized link, you will receive your Deal for free (“Free Deal”)! If your three friends purchase the Deal after we have charged your credit card or other payment mechanism for the purchase of the Deal, we will refund the price of the Deal to the credit card or other payment mechanism you used to purchase the Deal. The opportunity to get a Free Deal is only available for Deals where Shop Local 1st sends you a personalized link. It also may be time-limited and may be subject to other limitations. Any such limitations will be identified in the email you will receive notifying you of your Free Deal. If after you received a Free Deal your friends receive refunds or cancel their purchases, such that less than three people have purchased the deal using your personalized link, you will no longer be eligible for a Free Deal. In such instances, the credit card or other payment mechanism used for this purchase will be charged for the full purchase price of the Deal. In the event payment cannot be processed or authorized, you will be responsible for paying the full purchase price of the Deal.
You must tell your friends that you are eligible to receive a Free Deal if they buy the applicable Deal using your personalized link. Failure to disclose this information is a violation of this Agreement and may result in the termination of your Account, your disqualification from participating in incentive programs in the future, and/or the forfeiture or the demand for full payment of any Free Deal you received in violation of these Terms. Shop Local 1st reserves the right to cancel this promotion at any time.
In addition to our great Deals, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of purchase or subscription, and most will be made available in various addenda which can be found in the Additional Terms.
The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by Shop Local 1st, its subsidiaries or affiliates.
The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Shop Local 1st owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “Shop Local 1st,” which appear on the Sites and/or in the Services are the service and trademarks of Shop Local 1st or affiliated entities. Without Shop Local 1st’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Shop Local 1st or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Shop Local 1st, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:
any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;
any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to Shop Local 1st or the Merchants featured hereunder or any commercial purpose, including marketing;
any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
deep-linking to any portion of the Site;
framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;
using the Site and/or Services to generate unsolicited email advertisements or spam; or
using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.
Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Orlando , FL so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. Shop Local 1st reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of Shop Local 1st.
If you do post User Content or submit material, and unless we indicate otherwise, you grant Shop Local 1st a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant Shop Local 1st and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Shop Local 1st for all claims resulting from User Content you supply. Shop Local 1st takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Shop Local 1st does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Shop Local 1st (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Shop Local 1st through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to Shop Local 1st the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
If you want to terminate your legal Agreement with Shop Local 1st, you may do so by: (A) notifying Shop Local 1st at https://help.shoplocal1st.market or (B) closing your Accounts for all of the Services that you use.
Shop Local 1st may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) Shop Local 1st is required by law to do so; (iii) the partner with whom Shop Local 1st has offered the Services to you has terminated its relationship with Shop Local 1st or ceased to offer the Services to you; (iv) Shop Local 1st no longer provides Services in the country in which you reside; or (v) Shop Local 1st determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, Shop Local 1st reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, Shop Local 1st may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which Shop Local 1st, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher. These Terms will survive termination of this Agreement.
WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SHOP LOCAL 1ST’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOP LOCAL 1ST AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM SHOP LOCAL 1ST WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A SHOP LOCAL 1ST REPRESENTATIVE SHALL CREATE A WARRANTY.
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOP LOCAL 1ST, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FO