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Terms and Conditions
Introduction
Thank you for choosing BackLocal, LLC – the dedicated platform that empowers local and small businesses to connect with their customers seamlessly. As we strive to create a vibrant community without the interference of large franchises or corporations, it's essential for us to establish clear guidelines and standards. These Terms and Conditions are here to ensure a harmonious, productive, and secure experience for all our users. By accessing and using our platform, you acknowledge that you've read, understood, and agree to be bound by the terms outlined below. Together, let's champion the spirit of local businesses!
Article 1: Eligibility Criteria
1.1 Definition of Eligible Entities:
For the purposes of these Terms and Conditions, an "Eligible Entity" refers to an enterprise or commercial establishment that is classified as a small business under the criteria set forth herein.
1.2 Employee Limitation:
An Eligible Entity must employ a workforce consisting of fifty (50) individuals or fewer. For the avoidance of doubt, any business employing more than fifty (50) individuals, whether on a full-time, part-time, contractual, or any other basis, shall be deemed ineligible to utilize the services offered by the BackLocal, LLC platform.
1.3 Ownership Restrictions:
Entities with proprietors or ownership structures that hold, manage, control, or possess an interest in more than five (5) distinct business locations are expressly excluded from the definition of an Eligible Entity.
1.4 Franchise Limitations:
Proprietors, stakeholders, or any entities who own, manage, or control franchise operations are not permitted to classify their franchise as an Eligible Entity on the BackLocal, LLC platform. For clarity, even if a franchise operation conforms to the other eligibility criteria set forth in this Article, such an operation will remain ineligible due to its nature as a franchise.
1.5 Right to Verification:
BackLocal, LLC retains the right, though not the obligation, to verify the eligibility of any entity seeking to utilize its platform. Any misrepresentation, falsification, or omission of information regarding eligibility criteria may result in immediate suspension or termination of the user's account without prior notice.
Article 2: Prohibited Activities and Consequences
2.1 Compliance with Terms:
All entities and users accessing or utilizing the BackLocal, LLC platform must strictly adhere to the eligibility criteria and all stipulations outlined within these Terms and Conditions.
2.2 Prohibited Misrepresentation:
Any deliberate misrepresentation or omission of information that results in non-compliance with the eligibility criteria, or any other clause within these Terms and Conditions, is strictly prohibited.
2.3 Monitoring and Investigation:
BackLocal, LLC reserves the right, but is not obligated, to monitor activities on its platform and investigate any allegations of non-compliance or misrepresentation. Such investigations may be conducted using any lawful means at the company's discretion.
2.4 Consequences of Violation:
Entities or users found in violation of the eligibility criteria or any other provision within these Terms and Conditions may face the following consequences:
2.4.1 Monetary Penalty:
BackLocal, LLC reserves the right to impose a monetary penalty on violating entities or users. The exact amount and terms of such penalties will be determined on a case-by-case basis, taking into consideration the nature and extent of the violation.
2.4.2 Suspension or Termination:
Entities or users may have their access to the platform suspended or permanently terminated. The decision to suspend or terminate will be at the sole discretion of BackLocal, LLC.
2.5 Right to Amend Penalties:
BackLocal, LLC reserves the right to amend, modify, or introduce new penalties or corrective measures in response to prohibited activities. Such changes will be communicated to platform users in an appropriate manner.
Article 3: Payments, Cancellations, and Refund Policy
3.1 Subscription Fee:
Entities subscribing to the BackLocal, LLC platform will incur a recurring subscription fee of $19.99 per month ("Subscription Fee"). This fee grants the subscriber access to the platform's services for one month from the date of payment.
3.2 Payment Methods:
Payments must be made through accepted methods, including but not limited to third-party payment processors such as Stripe and PayPal. Users are responsible for any transaction fees or charges imposed by their respective banks or payment processors.
3.3 Refund Eligibility:
A user may request a refund of the Subscription Fee within five (5) days of the initial subscription or any subsequent renewal if they deem the service to be unsatisfactory.
3.4 Refund Criteria:
Refunds will only be granted upon the presentation of clear and convincing evidence that indicates the service provided by BackLocal, LLC was deficient or did not meet the standards as represented. The determination of what constitutes satisfactory evidence shall be at the sole discretion of BackLocal, LLC.
3.5 Cancellation:
Users have the right to cancel their subscription at any time. However, upon cancellation, users will retain access to the platform until the end of their paid subscription period.
3.6 No Refunds After Stipulated Period:
No refunds will be processed for cancellation requests or claims of service dissatisfaction made after the five (5) day period from the initial subscription or renewal date.
3.7 Changes to Payment Policy:
BackLocal, LLC reserves the right to amend the subscription fee, introduce new charges, or modify the refund policy at its discretion. Any such changes will be communicated to subscribers in a timely manner.
Article 4: Governing Law and Jurisdiction
4.1 Applicable Law:
These Terms and Conditions, as well as any related agreements, transactions, or disputes between the user and BackLocal, LLC, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflict of laws principles.
4.2 Exclusive Jurisdiction:
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the services provided by BackLocal, LLC shall be instituted exclusively in the federal or state courts located in Florida. Both parties irrevocably submit to the exclusive jurisdiction of these courts in any such suit, action, or proceeding.
4.3 Waiver of Objection:
Users waive any and all objections to the exercise of jurisdiction over them by the aforementioned courts and to venue in such courts.
4.4 Alternative Dispute Resolution:
Notwithstanding the aforementioned provisions, the parties may mutually agree upon alternative methods of dispute resolution, such as mediation or arbitration, if deemed appropriate.
Article 5: Data Handling and Protection
5.1 Sensitive Personal Data:
BackLocal, LLC does not collect, process, or store sensitive personal data as defined by applicable data protection laws. Any data that is deemed sensitive, confidential, or subject to special categories of personal data under relevant legislation will not be processed by BackLocal, LLC.
5.2 Third-Party Payment Processors:
For the processing of payment transactions, BackLocal, LLC utilizes third-party payment processors, including but not limited to Stripe and PayPal. By opting to proceed with a transaction, users implicitly authorize BackLocal, LLC to direct their payment details and other necessary transaction data to these third-party processors for the sole purpose of completing the transaction.
5.3 Data Protection Compliance:
All third-party payment processors associated with BackLocal, LLC are expected to comply with prevailing data protection laws and maintain the confidentiality and integrity of users' payment information. However, BackLocal, LLC shall not be held responsible for the actions or omissions of these third-party entities.
5.4 Limitation on Liability:
While BackLocal, LLC takes measures to ensure the security of data shared by its users, the platform is not liable for unauthorized access, breaches, or data theft that occur outside of its control or due to the malicious activities of third parties.
Article 6: Modifications to the Terms and Conditions
6.1 Amendment Rights:
BackLocal, LLC expressly reserves the right to modify, amend, or replace these Terms and Conditions at its sole discretion and at any time without prior notice to the users.
6.2 Notification:
While BackLocal, LLC is under no obligation to provide individual notifications of changes, efforts will be made to inform users of any substantial modifications to these Terms and Conditions. Such notifications may be made via the platform, email, or other communication methods deemed appropriate by BackLocal, LLC.
6.3 Acceptance of Revised Terms:
Continued access to, and use of, the BackLocal, LLC platform subsequent to any amendments or modifications to these Terms and Conditions constitutes unequivocal acceptance by the user of such updated terms. It is the user's responsibility to review these Terms and Conditions periodically to be aware of any changes.
6.4 Date of Last Revision:
The date of the last revision of these Terms and Conditions will be indicated at the bottom of this document, enabling users to ascertain the currency of the terms they are agreeing to.
Article 7: User Consent and Acknowledgment
7.1 Obtaining Consent:
At the point of registration or signup on the BackLocal, LLC platform, all users will be required to expressly acknowledge and consent to these Terms and Conditions and the Privacy Policy. This acknowledgment will typically take the form of an actionable gesture, such as checking a box or clicking a button indicating the user's agreement.
7.2 Affirmative Action:
By taking the said affirmative action during the signup process, the user expressly agrees to be bound by the stipulations, conditions, and provisions contained within these Terms and Conditions and the Privacy Policy.
7.3 Informed Consent:
It is the responsibility of the user to thoroughly review these Terms and Conditions and the Privacy Policy before providing consent. By providing consent, the user affirms that they have read, understood, and agree to be bound by all the terms set forth in both documents.
7.4 Continuous Consent:
Continued use of the BackLocal, LLC platform, subsequent to the signup, is also deemed as ongoing acknowledgment and acceptance of these Terms and Conditions and the Privacy Policy.
Article 8: Contact and Communication
8.1 Queries and Concerns:
Should you have any questions, clarifications, or concerns regarding these Terms and Conditions or any other related matter, we encourage you to reach out to us.
8.2 Contact Details:
For swift and effective communication, please contact BackLocal, LLC via the following means: Email: contact@backlocal.com.
8.3 Response Time:
While we endeavor to address all inquiries in a timely and efficient manner, please allow up to three (3) business days for a comprehensive response.
8.4 Feedback:
We value your feedback and suggestions. If you have recommendations on how we can enhance our platform or services, do not hesitate to share them with us.
