Terms of Use
We are happy you’re with us! Let’s review a few guidelines and rules to make local shopping with LuLocal even easier.
Accepting Our Terms
Our guidelines and rules are legally referred to as our Terms of Use. In our statements below, “Terms of Use” is referred to simply as “Terms.” The Terms are a legally binding agreement between you and LuLocal.
By agreeing with the Terms, you agree with the language herein that contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration. This means that you waive any right to have disputes decided by a judge or jury, and that you waive your right to participate in class arbitrations, class actions, or other representative actions.
Our rules apply to all registered buyers and sellers on LuLocal’s service platform who use our services and agree to our Terms and Privacy Policy.
This Term of Use Policy states your responsibilities and rights when you use LuLocal products or services. By browsing, posting messages, or using any of LuLocal’s products or services, you’re agreeing to the Terms of this Policy. If you disagree with the Terms, you may not use our services. If you agree, please continue on!
Your Privacy
Your personal information is important data that we work hard to protect. Our Privacy Policy outlines how data is used, shared, and collected when you use our services. By making the decision to use our services, you’re also agreeing that we can use and process your information for business purposes. More details are provided in our separate Privacy Policy available on our website.
Both sellers and shoppers may collect personal information through transactions and are therefore considered separate and independent data controllers of buyers’ personal information. Each party is responsible for the personal information it processes. Examples of data collected during a transaction include email address, the buyer/seller name, and shipping address. If a seller mistakenly discloses a shopper’s personal information during a transaction, the seller, not LuLocal, will be responsible for the error.
Should LuLocal and its sellers be identified as joint data controllers of shoppers’ personal information and LuLocal is sued or fined because of an error created by you the seller, you agree to indemnify LuLocal for the expenses tied to your processing error of personal data.
Your Account with LuLocal
You will need to set up an account with LuLocal to use some of our services. A few account holder rules are below:
- LuLocal requires that all account holders be at least 18 years of age. With the permission and oversight of the primary account holder, minors (14 and older) may use LuLocal’s applications and services. Minors 13 and younger are not permitted to log in and use LuLocal’s services. The primary account holder is ultimately responsible for all activities conducted by them (the account holder) and any others, including minors that login as the primary account holder.
- As an account holder, it’s prohibited to impersonate another person or company in your account. It is required to provide accurate information about yourself as a shopper or as a business selling products or services.
- The use of language that is vulgar, offensive, infringes on someone’s intellectual property rights, or violates Terms is prohibited.
- Account and password responsibility. You are solely responsible for all activity or transactions in your account. If an account is shared, the individual or business that has their financial information listed on the account will be ultimately responsible for all activity. Accounts are not transferable. Given that you’re responsible for the activity on your account, it is important to select a secure password and protect it from others.
- The use of LuLocal’s service platform does not create a joint venture, franchise, agency, or employment between you and LuLocal.
Your Content
LuLocal does not make claims to any content you post using our services. This includes photos, company descriptions or bios, store names, videos, comments, etc.
- Permission: By posting your content through our services, you permit LuLocal to use it for promotional purposes and to help LuLocal conduct business.
- Responsibility: You are solely responsible for your content and agree to not infringe or violate any 3rd party’s rights in the process.
- Unauthorized Content: LuLocal will remove any reported data that infringes upon others or is illegal in nature. To report unauthorized content, please notify LuLocal at hey@lulocal.com.
- Misleading, False, or Inappropriate Content: Content that does not create a positive, constructive experience for our members and/or is illegal, abusive, misleading, or deceptive may be taken down without notice.
- Rights Granted to LuLocal: By posting content through LuLocal’s services, you grant LuLocal a non-exclusive, royalty-free, sub-license to display, modify, distribute, store, and share your content to provide our services to members and promote our product to others.
Your Use of Our Services
LuLocal grants you a limited, non-transferable, and revocable license to use our services. Terms and conditions apply – primary restrictions are noted below:
- Do not intentionally alter, interfere, disrupt, or harm our services in any way.
- Do not illegally export, sell, or steal our technology, services, or codes.
- Pay your bills and fees owed to LuLocal.
- Do not violate any laws using our services.
- Unless you have written consent, do not use LuLocal’s trademark, phrases, logos, designs, or marks.
- Account Termination: Should your account be terminated voluntarily or involuntarily, your limited service granted to you by LuLocal will be revoked. Any outstanding bills and fees will still need to be paid regardless of the reason for your account termination. Upon termination, you may lose content and information associated with your account. The Terms will remain in effect even after your access to the service is terminated, or your use of the service ends.
Limitation of Liability and Warranties
LuLocal provides a marketplace for businesses to promote their products and services to local shoppers. LuLocal does not manufacture, inspect, store or ship any of the items independent merchants sell through our services. LuLocal does not provide warranties, guarantees, or statements of safety, quality or authenticity of products and or services sold by the independent merchants. Any legal claim or complaint regarding products or services is between the merchant/seller and shopper/buyer. You agree to release LuLocal from any claims related to products or services sold through our services.
Content and Interaction
LuLocal is not responsible for content posted by shoppers or sellers through our services/platform, and you release us from all liability relating to content that you may find inappropriate, offensive, or inaccurate. In addition, LuLocal does not screen users for decency, and you release us from all liability relating to your interactions with shoppers and sellers through our services.
3rd Party Services
Should you link to 3rd party services through our services/platform that are not under our control, you do so at your own risk and will operate under the policies of that 3rd party. This includes companies such as Pinterest, Google, Facebook, Stripe, etc.
Gift Cards
LuLocal does not make any warranties for any unauthorized access to your gift card, your gift card balance, theft, or a lost or stolen card. If we believe that your gift card is being used suspiciously, fraudulently, or reported stolen, we may suspend or prohibit the use of your card.
LULOCAL SERVICES ARE PROVIDED “AS IS,” AND YOU UNDERSTAND THAT OUR SERVICES COME WITHOUT ANY KIND ON WARRANTY – EXPRESSED OR IMPLIED. THERE ARE NO GUARANTEES OF THE FOLLOWING:
(1) RESULTS WILL MEET YOUR EXPECTATIONS, AND THAT SERVICES WILL BE AVAILABLE 100% OF THE TIME.
(2) ALL NOTED IMPERFECTIONS OR DEFECTS WILL BE CORRECTED.
(3) SERVICE WILL BE SECURE 100% OF THE TIME, OR THAT SERVICES WILL BE FREE OF VIRUSES.
(4) ALL SERVICES WILL MEET YOUR EXPECTATIONS.
LIABILITY
TO THE FULLEST EXTENT OF THE LAW, NEITHER LULOCAL, OUR MANAGEMENT, OR OUR EMPLOYEES ARE LIABLE FOR YOUR LOSS OF REVENUE OR PROFIT FOR ANY REASON RELATED TO THE USE OF OUR SERVICES. IN NO EVENT SHALL LULOCAL AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNT OF $150, OR THE AMOUNT YOU PAID LULOCAL IN THE LAST SIX MONTHS.
Indemnification
We expect to have a great relationship with you and will do our best to support you. Still, if LuLocal gets sued because of your actions, you agree to defend and indemnify LuLocal, its management, and employees. This means that you will hold us harmless from any legal claim or demand, resulting from your actions, breach of Terms, misuse of services, or infringement of another’s rights. Should a legal defense be required, we reserve the right to manage our legal defense strategy in the best interest of LuLocal.
Disputes with Other Users
Transactions, payments, price, and receipt of goods or services is between you and the other party. If you have a disagreement or dispute with another LuLocal shopper, seller, or 3rd party, please contact the other party to resolve the issue directly. That said, please reach out to LuLocal to notify us of any unresolved issues so we can track incidences with the given parties. We may intervene and do our best to help resolve in an amicable way, but LuLocal has no obligation or legal right to override a decision by another party on these types of issues. We can, however, remove a seller or shopper account from our services platform if an unacceptable number of incidents occur or that the Terms are not being followed. You release LuLocal from any damages or claims arising from disputes with other shoppers, buyers, sellers, or 3rd parties.
Disputes with LuLocal
We strive to exceed your expectations, but should you become dissatisfied, we will do what we can to resolve your issue. If we can’t satisfy you and a dispute arises, the rules below will govern any legal dispute involving our services:
- Governing Law: The Terms are governed by the laws of Washington State and the laws of the United States of America. The rules apply regardless of the location in which you reside.
- Arbitration: You and LuLocal agree that all disputes and claims relating to the Terms shall be settled by final and binding arbitration. Judgment on the arbitration award may be entered in any court that has jurisdiction.
- Mediation or arbitration under the Terms will be conducted on an individual basis. You understand that by agreeing to the Terms, you and LuLocal are each waiving the right to a trial by jury. You also understand and agree not to participate in a class action lawsuit. Each party shall have the right to bring a complaint or action in a court for injunctive relief, pending a final decision by the mediator or arbitrator. If your claim qualifies, you may instead choose to assert your claim in “small claims” court. This can only be done if your claim remains on an individual, non-representative, and non-class basis.
- Cost: Payment for any administrative costs, arbitrator, and filing fees, will be in accordance with the Consumer Arbitration Rules. If your claim does not exceed $5,000 USD, LuLocal may pay for the administrative, filing, and arbitration fees associated with the arbitration. For consideration, the fees must be reasonable. If the arbitrator finds that either your claim, the substance of the claim, or the relief sought was brought for an improper purpose or was frivolous, LuLocal will not pay for such fees.
- Location: LuLocal is based out of Seattle, Wa. All legal action against us must be filed and take place in King County, Washington State. Any in-person hearings may be held at a location that is convenient for both parties. For any legal actions not subject to mediation or arbitration, you and LuLocal agree to submit to the personal jurisdiction of a state or federal court located in King County, Washington.
Term Modifications
Terms may be changed over time. If material, we will post the changes on the website and or send you a notification about the changes. Should you disagree with any future changes, you may cancel services at any time. Unless stated otherwise, changes will go into effect at the time of posting.
Contact Information
If you have any questions regarding the Terms, please contact us at hey@lulocal.com.