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Terms and Conditions

IMPORTANT – READ CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE WITH THESE TERMS AND CONDITIONS AND PRIVACY POLICY.

 

These terms and conditions apply to our services available under the domain www.CertifiedLocallyOwned.com and the following related website at www.ShopLocal.us (collectively, the “Website”), and are owned by Bliss Discovery Group, Inc., a California corporation doing business as ShopLocal.us (the “Company” and “We”). Although we may attempt to notify you when major changes are made to these Terms and Conditions (“Terms and Conditions”), you should periodically review the most up-to-date version on the Website. We may, in our sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Users of the Website include users who are also contributors of content, information, and other materials or services on the Website. Certain products, services, or content available on the Website may be governed by additional terms, which are posted in connection with those products, services, and content. You must agree to these additional terms before using those areas. In the event of any inconsistency between these terms and the additional terms, the additional terms shall govern.

PERMITTED USE OF CONTENT ON THIS WEBSITE

The Company grants you permission to access and use the Website as set forth in these Terms and Conditions. All materials on the Website, including, but not limited to posts, blogs, resources, written work, articles, directory of businesses, certification services (as defined below), photos, video, graphics, music, sound, images and any other content (collectively, the “Content”) are protected by copyright and owned or controlled by the Company or the party credited as the provider of the Content (User Submissions). You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. Nothing in this Agreement shall be construed to transfer any of the Website’s proprietary or intellectual property rights to the User. Certified Locally Owned is a proprietary mark of ShopLocal.us and may not be used without the specific authorization and permission of the Company. Any use of any of the intellectual property of the Company without its consent is a violation of this Agreement and the Company may seek all available legal remedies for any authorized use.

You agree not to distribute in any medium any part of the Website, including, but not limited to User Submissions (as defined below), without the Company’s prior written authorization. You agree not to reproduce, perform, create derivative works, republish, upload, post, transmit, or distribute in any way whatsoever the Content from the Website without the prior written consent of the Company. You may, however, download or make a copy of the Content, and other downloadable items displayed on the site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Content are left intact.

You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that, while we try our best to avoid negative User Submissions, you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its affiliates, officers, board and shareholders, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

ShopLocal.us is a marketing platform enabling the connection between people seeking to locate independently-owned businesses within their local cities. The ShopLocal.us website provides access to informational resources including, but not limited to, articles, blog posts, publications, online educational tools, and directory of businesses. Visitors may also choose to subscribe for additional offers or informational downloads, as well as apply for the Small Indie Business Grant Program (collectively, the “ShopLocal.us Services”).

The CertifiedLocallyOwned.com website allows businesses to apply and pay certification fees to become Certified Locally Owned as designated by ShopLocal.us. In the process of application, businesses can choose service packages that include marketing and promotion through the ShopLocal.us platform and Certified Locally Owned designation (the “CLO Services”). The requirements for becoming a Certified Locally Owned business are specified on the Website. The ShopLocal.us Services and the CLO Services may sometimes be referred to collectively as the “Services.”

NO UNLAWFUL OR PROHIBITED USE

As a condition of your permitted use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website in any manner that interferes with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website by the Company.

APPLICATION OF WEBSITE

(a) Certified Locally Owned Members.

A Certified Locally Owned Member (a “CLO Member”), is a business that has applied through the CLO website to become a Certified Locally Owned Business, and has been accepted by the Company. A CLO Member will be able to access certain parts of the Website not available to other users. A CLO Member will be required to create an account and acknowledge and agree that:

(i) You will provide accurate and complete information when creating and/or updating Your account;

(ii) You are solely responsible for any activity that occurs on Your account and You must keep Your login information secure;

(iii) When completing Your application and making any updates to Your account (including updating Your online ShopLocal.us profile, special offers or incentives), You will provide accurate and factually correct information;

(iv) As part of our efforts to ensure compliance with our services and the accuracy of information provided to us, we reserve the right to review business ownership and status of business license based on ShopLocal.us certification standards. Upon meeting certification requirements for Certified Locally Owned, a business must provide requested business license or proof of DBA filing for review by ShopLocal.us in order to attain certification;

(v) You are subject to all of the terms and conditions of this Agreement; and

(vi) We reserve the right to discontinue and/or revoke Your CLO Certification and badges at our sole discretion, at any time, for any reason, including, but not limited to (1) Your breach of any of the foregoing, (2) Your failure to pay certification fees in a timely manner, (3) Your insolvency, bankruptcy, and/or assignment for the benefit of creditors, (4) a review that demonstrates You have provided inaccurate or incorrect information regarding the requirements that have been completed and complied with, and/or (5) Your failure to achieve minimum standards to qualify for continued participation as a Certified Locally Owned business at ShopLocal.us.

(b) Subscribers.

In order to access certain parts of the Website, You may be required to create a ShopLocal.us account, thereby becoming a Subscriber (a “Subscriber”). As a Subscriber, You acknowledge and agree that:

(i) You will provide accurate and complete information when creating and/or updating Your account;

(ii) You are solely responsible for any activity that occurs on Your account and You must keep Your login information secure;

(iii) You are subject to all of the terms and conditions of this Agreement; and

(iv) We reserve the right to revoke Your use of the Website and terminate Your account at our sole discretion, at any time, for any reason including but not limited to (1) using the Website to recruit, solicit or contact in any form Users for employment or for soliciting for any business organization or person not affiliated with CLO and ShopLocal.us; (2) engaging in any activity on the Website that is intended to or tends to harass, annoy, threaten or intimidate any other users of the Website or Services; (3) posting comments that are off topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Website; (4) impersonating or otherwise misrepresenting affiliation, connection or association with any person or entity; (5) disseminating another person’s personal information without his or her permission, or collecting or soliciting another person’s personal information for commercial or unlawful purposes; (6) intending to defraud, swindle or deceive other users of the Services; (7) promoting or enabling illegal or unlawful activities; or (8) using the Website in connection with spamming, phishing, trolling or other similar activities; and

(v) As a Subscriber, You will create only one unique profile. Your use of the Services must be for bona fide local business-seeking purposes in order to maintain the integrity of the Services.

Notwithstanding the foregoing, please notify us immediately of unauthorized use of Your account by emailing us at support@shoplocal.us.

LICENSE

The Website hereby grants, and You hereby accept, a nontransferable, non-exclusive, worldwide, license to use the Services, subject to the conditions and for the period specified herein. You agree to use the Services for Your sole and exclusive personal benefit. You agree not to sublicense, assign, or transfer the Services except as expressly provided herein, and agree that any attempt to do so in any way other than expressly provided herein shall be null and void. All other use of the Content, as defined above, including but not limited to, modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another website, mirroring the Services, or in any other way exploiting any of the Content, in whole or in part, is prohibited without first obtaining the Company’s written consent.

USER SUBMISSIONS AND CONDUCT

In the event that you submit any content to the Website, including any information that will be posted on the Website, You shall be solely responsible for your own User Submissions and Content and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein.

The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company disclaims any and all liability in connection with User Submissions. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. The Company reserves the right to remove Content and User Submissions without prior notice.

With regard to User Submissions, You must abide by the following guidelines:

  • Do not post threatening, harassing, defamatory, or libelous material.
  • Do not intentionally make false or misleading statements.
  • Do not offer to sell or buy any product or service.
  • Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
  • Do not post attacks of a personal nature or which refer abusively to other companies, commentors or competitors.

By submitting any information through the Website, you are consenting to its display on the Website. You are also consenting to its use for promotional purposes.

LINKS TO THIRD PARTY SITES

The Website may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including, but not limited to, any link contained in a Linked Site. The Company is providing these links to you as a convenience, and the inclusion of the link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms and conditions regarding the Linked Sites.

Any dealings with third parties (including advertisers) included with the Website, or participation in any promotions, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and the advertiser or third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.

IDEA SUBMISSIONS

The Website welcomes specific comments regarding the Services. If You send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively “Information”), the Information shall be deemed, and shall remain, the property of the Company. None of the Information shall be subject to any obligation of confidentiality on the part of the Company and the Company shall not be liable or owe any compensation for any use or disclosure of the Information.

INDEMNIFICATION

By utilizing any portion of this Website, or the Services, You hereby agree to indemnify and hold harmless the Company and its principals, owners, investors, officers, directors, employees, agents, licensors, licensees, independent contractors, attorneys, subsidiaries, affiliates, successors, and assigns (“Indemnitees”) from and against any and all claims, demands, actions, causes of action, suits, liabilities, costs, damages (whether actual, compensatory, consequential, general, special, incidental, direct, indirect, exemplary, and/or punitive), actions, causes of action, suits, costs, compensation, penalties, claims for attorneys’ fees, defense costs (including attorneys’ fees), and obligations of any kind or nature whatsoever that may or would otherwise be incurred by Indemnities in connection with any demand, claim, suit, cause of action, or other assertion by any third party that results from, involves, arises from, or relates in any way to: (a) any information, materials, statements, items and/or content that You submit, post or transmit, directly or through a third party, to or through the Website; (b) any services that You perform for another User; (c) any dispute between You and another User; (d) any actions or inactions that You take with respect to any other User; (e) the use of any account You create on the Website by You or any third party; (f) any actions or inactions You take that relate in any way to the Website or the Services and that violate or are alleged to violate any applicable law; and (g) Your use of the Website, any Services, and/or any linked websites that may appear on the Website in violation of these Terms and Conditions or any applicable law. You agree to assume, at Your sole expense and risk, the defense of any matter tendered to You hereunder by any Indemnitee. The Company reserves the right to assume, at Your cost, the exclusive control of the defense of any matter subject to indemnification hereunder. You agree that You will cooperate as reasonably necessary in the defense of all such matters. You agree that You will not settle any claim or matter subject to indemnification hereunder without the written consent of the Company.

LIABILITY DISCLAIMER

NO SERVICES OR INFORMATION GIVEN BY THE COMPANY OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY OR LIABILITY ON THE PART OF THE COMPANY. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, MATERIALS AND INFORMATION ON THE WEBSITE. THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION THEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT NOTICE. THE USER ASSUMES ALL RISK OF USE.

THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFIALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND /OR INCLUDED IN THE WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE.

COPYRIGHT POLICY

It is the Company’s policy to respond to clear notices of alleged copyright infringement. If you think the Company has published an image or text that infringes your copyright, please contact us with a notice that complies with the terms of the Digital Millennium Copyright Act (17 U.S.C. 512(c)(3). The notice must provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
  • Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please submit such notice to the Company at 409 N. Pacific Coast Highway, #260, Redondo Beach, CA 90277.

ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

ASSIGNMENT

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

GENERAL

You agree that the Terms and Conditions shall be governed by the substantive laws of the State of California, without respect to conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms and Conditions, and any other notices published on the Website by the Company, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

These Terms and Conditions were last updated March 1, 2014.