Terms and Conditions
PLEASE READ THIS SECTION
Sandpointbuylocal.com is an online membership platform community for people to learn and comment about local businesses and give recommendations around their interests (the “Services”) through our website located at www.sandpointbuylocal.com and other online areas owned or operated by us, such our Facebook and Instagram (the “Site”). The Services also include the opportunity for you to access special discounts also know as “Deals” for food, products, and services of third party merchants. The Services and Site are collectively referred to here as “Sandpointbuylocal.”
Conditional Use of Our Site and Service
Your permission to use “Sandpointbuylocal” is conditioned upon your agreement that you:
Your Account and Sandpointbuylocal Profile
You will need to register by creating an account with Sandpointbuylocal by registering directly with us in order to publish Content on the Site or obtain access to certain Services, including Deals. If you choose to create an account or Sandpointbuylocal profile with us, 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 Sandpointbuylocal 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 who’s privilege to access the Site or use the Services has previously been terminated by Sandpointbuylocal may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Sandpointbuylocal 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’ve issued to you, we will rely on that User ID and will assume that it is really 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.
Non-Confidentiality, Security and Privacy
Rules Regarding Information and other Content
When you use the Site, you can publish comments and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Sandpointbuylocal, and you agree not to post or use any Content in any manner that:
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
General Rules of 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 not to do any of the following:
Links to Third Party Sites
We don’t have control over websites that Sandpointbuylocal may link to. Sandpointbuylocal may contain links to third party websites that are not owned, operated, or controlled by Sandpointbuylocal. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Sandpointbuylocal you expressly relieve us from any and all liability arising from your use of any third party website.
Sandpointbuylocal provides You as a Member with opportunities to access discounts from third party merchants (“Merchants”) a discount is also known as (“Deal”). Merchants are willing to offer Members promotional items and or discounts as part of supporting the Sandpointbuylocal platform.
How It Works
You can click on the DEAL and download the digital coupon or print a live copy. You will only be allowed to download the DEAL once per Member. If you attempt to use the DEAL multiple times, you will be subject to removal from the Membership with no refund. Some DEALS may be online only and require a code on the third party website. In this case, the third party website will regulate how often you can use their code on that site.
DEALS with expire dates printed on them must be used on or before that date.
Deal Specific Terms
Each Deal has specific terms associated with the Deal, which will be presented to you at the time you view the particular Deal.
Unless otherwise stated in the DEAL or required by law, the following additional terms apply to all DEALS:
To be clear, Sandpointbuylocal markets the Deals and acts an as agent in advertising DEALS on behalf of the Merchants. But the Merchant is the issuer of the DEAL. As issuer of the DEAL, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed DEALS. By purchasing a Membership, a customer acquires the right to print a DEAL issued by the participating non-affiliated Merchant and to use the DEAL according to its terms and the terms of this Agreement. Whether you choose to print and/download or redeem the DEAL is within your sole control and at your sole discretion.
Promotions of the Deal Program
From time to time we may offer special promotions, contests and/or sweepstakes. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
Sandpointbuylocal will not refund any Membership Fees for any reason. This platform operates on little to no profit in some cases and is designed to support our local business community. All Membership sales are final.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services.
Disclaimers of Warranty
We provide the Site and Services “as is”, “with all faults” and “as available.” We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. TO THE EXTENT PERMITTED BY LAW, WE 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 Sandpointbuylocal 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 Sandpointbuylocal, 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 Sandpointbuylocal REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF Sandpointbuylocal. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES THAT YOU PAID US DURING THE ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Sandpointbuylocal, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Sandpointbuylocal; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Sandpointbuylocal.
Reservation of Rights and Release
Sandpointbuylocal reserves the right, but has no obligation, to monitor, or take any action Sandpointbuylocal deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You acknowledge and agree that we and our licenses retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement. “Sandpointbuylocal” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on Sandpointbuylocal, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by Sandpointbuylocal. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). They are owned or licensed to Sandpointbuylocal, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content provided by Sandpointbuylocal is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to Sandpointbuylocal and the content.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sub license through multiple levels of sub licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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 service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) 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 (6) 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. Sandpointbuylocal’s designated Copyright Agent to receive notifications of claimed infringement can be reached at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The communications between you and Sandpointbuylocal use electronic means, whether you visit the Site or send us emails, or whether Sandpointbuylocal posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Sandpointbuylocal in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sandpointbuylocal provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. The foregoing does not affect your non-waivable rights.
Entire Agreement, Changes to this Agreement and Waivers
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. These Terms of Service shall be governed by the internal substantive laws of the State of Idaho. Any claim or dispute between you and Sandpointbuylocal that arises in whole or in part from Sandpointbuylocal shall be decided exclusively by a court of competent jurisdiction located in Idaho.
YOU AND Sandpointbuylocal AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Sandpointbuylocal MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms of Service. 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 of Service, and to abide by and comply with these Terms of Service. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 18 years of age or older. If you aren’t, you must please leave Sandpointbuylocal.
Sandpointbuylocal Bring on 2021 Contest- Official Rules
1. Contests will run in conjunction with an advertorial or separately in their own exclusive posts. For complete contest details visit https://www.sandpointbuylocal.com . Complete entry steps by doing the following: Follow us on Instagram, and post a picture with our BUY LOCAL Sticker using the #sandpointbuylocal. Also share the contest with all your local family and friends on Facebook. Email us once you’ve completed these two steps and you will be entered for the chance to win the Bring on 2021 contest prize.
2. This contest is open to all Sandpointbuylocal Members only. Sandpointbuylocal employees and or family members are not allowed to participate.
3. A random draw for the prize will be made on the day after the contest ends (TBD Jan 2021) and will be announced on Instagram! .
5. Selected winner will also be contacted by email. No correspondence will be entered into except with selected entrant. Winner has 24 hours to reply to confirm their prize, unless otherwise noted on an individual contest post. A new winner will be chosen in the same manner until a winner is successfully contacted. The winner will be required to collect the prize at Specified office:
6. The chances of winning a prize will depend on the number of eligible entries received. Decisions of the judges in respect of all aspects of this contest including, but not limited to, eligibility of entries.
7. There is (1) prize available to be one for a (1) single participant.
8. Sandpointbuylocal reserves the right to use any imagery or submission material for future promotional purposes. Sandpointbuylocal reserves the right to remove any entries from consideration from the website location, Facebook page, Instagram and competition without notice. Sandpointbuylocal shall not be held responsible for any error or omission related to the printing or advertising of this contest. Sandpointbuylocal and their affiliates, administrators, partners, directors, employees, agents and representatives shall not be held liable for defective functioning of any computer hardware or software, lines of communication, or network communications related to the loss or absence of network communications or any other defective, incomplete, incomprehensible or erased transmission via any computer, network or server that could limit or render impossible the capacity for any person to participate in the contest. Sandpointbuylocal and their affiliates, administrators, partners, directors, employees, agents and representatives are hereby totally absolved of any responsibility for any damage or loss that could be directly or indirectly caused in part or in whole by uploading or downloading any software or information including the transmission of any information related to participating in the contest. By participating in this contest, attempting to do so, or accepting the prize, all participants thereby absolve Sandpointbuylocal and its affiliates, administrators, partners, directors, employees, agents and representatives of any responsibility, claim, loss, damage or expense of any nature whatsoever directly or indirectly related to this contest including, and without limiting the generality of the foregoing, all damage related to participating or attempting to participate in the contest, attributing, accepting or using the prize, and/or related to a personal accident claim based in public law, defamation or invasion of private life or any material damage. Sandpointbuylocal hereby reserves the right to, at its entire discretion, nullify, end, modify or suspend this contest in its entirety in the event of a virus, computer bug, unauthorized human intervention or any other cause out of its control that could corrupt or affect the administration, safety, and impartiality or smooth running of the contest. The use or reproduction of any copyright material or trademark related to this contest is strictly prohibited, except with the prior express written consent of the rights holder. In the event that an authority with jurisdiction declares any portion of these regulations invalid, illegal or unenforceable, said judgment shall not in any way affect any other aspect of these regulations, which shall remain valid and in effect.
9. Sandpointbuylocal assumes no responsibility for garbled, lost, late, delayed, destroyed or misdirected mail, voice messages, e-mail or any computer errors or malfunctions. Sandpointbuylocal does not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry data that have been tampered with or altered are void. If for any reason, in the opinion of Sandpointbuylocal, in their sole discretion, the contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond their control, Sandpointbuylocal reserves the right to cancel, terminate, modify, amend, extend or suspend the contest including cancelling any method of entry, and select a winner from previously received eligible entries. Sandpointbuylocal reserves the right to modify the Rules without materially affecting the terms and conditions hereof. Sandpointbuylocal reserves the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the contest or to be acting in violation of the Rules or otherwise in a disruptive manner. Sandpointbuylocal in their sole discretion, further reserves the right to terminate the on-line portion, as applicable, of the contest any attempts to deliberately damage the contest web site or web sites or to undermine the legitimate operation of this contest is a violation of criminal and civil laws and should such an attempt be made Sandpointbuylocal reserves the right to seek remedies and damages to the fullest extent of the law.
11. By agreeing to the terms and conditions of this contest, you also consent to subscribing with your entry email to Sandpointbuylocal. Sandpointbuylocal will not sell, share or otherwise disclose personal information of entrants with third parties, nor will Sandpointbuylocal use any information provided during the contest other than what is outlined by the contests Terms & Conditions discussed above.
12. The right is reserved by Sandpointbuylocal to terminate the Bring It On 2021 Contest, in whole or in part, and/or modify, amend or suspend the contest, and/or the rules in any way, should any cause beyond the reasonable control of Sandpointbuylocal or its agents affect the proper administration thereof.