1. Access to the LH Site
The LH Site may be accessed through the World Wide Web by means of a variety of devices. You are responsible for providing your own equipment for accessing the LH Site. In addition, you are responsible for obtaining your own means for accessing the LH Site, and such means may involve third-party fees, including, but not limited to, internet service provider or airtime fees. Local Hem is in no way responsible for such fees.
In consideration of your use of the LH Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to buy through the LH Site, you must be over the age of 18 or have the permission of a parent or your legal guardian.
Local Hem grants to you a personal, limited, revocable, non-transferrable, non-sublicenseable, non-exclusive license (the “License”) to access and make personal use of the LH Site and the services provided therein. The License does not include, or allow for, (i) any downloading or copying account information for the benefit of another vendor or any other third party; (ii) caching, unauthorized hypertext links to the site and the framing of any content available through the site; (iii) uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); (iv) uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) any action that imposes or may impose (in Local Hem’s sole discretion) an unreasonable or disproportionately large load on Local Hem’s infrastructure; or (vi) any use of data mining, robots, or similar data gathering and extraction tools. Certain parts of the LH Site may be restricted to employees of Local Hem and Retail Partners. You may not bypass any measures used by Local Hem to prevent or restrict access to the LH Site. Any unauthorized use by you shall terminate the license granted to you by Local Hem.
Nothing contained on the LH Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the LH Site or any information displayed on the LH Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
3. No Relationship Nothing contained on the LH Site or these Terms should be construed a creating, or intending to create, an agency, partnership, joint venture or employee-employer relationship.
4. Negative Covenants You agree that you will not use the LH Site to, or post any submissions to, or upload any content to:: (i) defame, abuse, harass, stalk, threaten, violate the legal right of others or otherwise engage in objectionable or inappropriate behavior as determined by Local Hem; (ii) publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, infringing, or unlawful content or violate these Terms; (iii) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the LH Site, any software or hardware, or telecommunications equipment; (iv) advertise or offer to sell any goods or services for any commercial purpose unless you have Local Hem’s prior written consent to do so; (v) Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; (vi) download any file that you know or reasonably should know cannot be legally obtained in such manner; (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; (viii) restrict or inhibit any other user from using and enjoying any public area within the Local Hem site; (ix) collect or store personal information about other users; (x) interfere with or disrupt the Local Hem LH Site, servers, or networks; (xi) impersonate any person or entity, including, but not limited to, a Local Hem representative or Retail Partner representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xii) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites; (xiii) take any action that imposes an unreasonably or disproportionately large load on the Local Hem infrastructure; or (xiv) engage in any illegal activities or otherwise violate any applicable laws.
5. Local Hem Services Local Hem provides shoppers with a venue and access to a variety of independent retailers (the “Retail Partners”) and their wares through the LH Site. All of the Retail Partners are independently owned and are responsible for their own content and customer service. You use the LH Site and services at your own risk.
6. Submitted Content Local Hem does not claim ownership of any items represented for sale on the LH Site. Retail Partners who have entered into a retail partner agreement with Local Hem are independently owned and operated, and are responsible for the content, imagery selection and usage, copywriting, pricing and transactions made through Local Hem. As these retailers may change their content at any time, Local Hem makes no guarantees nor representations as to what is available on any shop’s site within the LH site.
7. Disclaimer of Warranty
ALL CONTENT, PRODUCTS, AND SERVICES ON THE LH SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE LH SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" AND/OR “AS AVAILABLE,” AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Local Hem does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the LH Site by any party other than Local Hem, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstance will Local Hem be liable for any loss or damage caused by a shopper's reliance on information obtained through the LH Site or a linked site, or shopper’s reliance on any product or service obtained from a linked site. It is the responsibility of the shopper to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the LH Site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
LOCAL HEM DOES NOT REPRESENT OR WARRANT THAT THE LH SITE OR ITS USE WILL BE UNINTERRUPTED, FREE OF INACCURACIES OR ERRORS, WILL MEET YOUR REQUIREMENTS, OR WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE.
8. Ordering Through the LH Site
After placing an order for items on through the LH Site (the “Ordered Items”), you will receive an email from Local Hem and/or the Retail Partner who listed such item or items acknowledging that the Retail Partner has received your order ("Order Confirmation"). Please note that this does not mean that your order has been accepted by the Retail Partner. Your order constitutes an offer to a Retail Partner to buy a product or products. All orders are subject to acceptance by actually shipping the Ordered Items. A contract with a Retail Partner will only be formed when the Retail Partner sends you the Ordered Items. Local Hem and/or the Retail Partner will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. Local Hem and/or a Retail Partner reserves the right to cancel your order at any time before accepting it and Local Hem and/or a Retail Partner may rescind such acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in the Retail Partner’s inventory.
On occasion, you may be able to place a product in your “bag” and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that Local Hem and/or a Retail Partner may cancel your order after you have received an Order Confirmation without penalty.
9. Limitation of Liability
You expressly understand and agree that Local Hem and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Local Hem has been advised of the possibility of such damages), resulting from use of the LH Site, these Terms, content or any related services.
If Local Hem is found liable for such damages, Local Hem’s total cumulative liability to you shall in no event exceed the greater of (a) $100.00, and (b) the amount of money paid by you to Local Hem during the six months preceding the event giving rise to the liability.
10. Waiver of Damages Owing to Error in Calculation of Tax
In states where our Retail Partners have no physical presence, such Retail Partners are not required to collect and remit sales tax for Site purchases. However, many states require that their residents file a sales or use tax return for items purchased through this LH Site. You should consult your state and local tax laws, and a tax professional, to determine compliance with tax laws and regulations in your area.
In some states our Retail Partners collect and remit sales tax. For those purchases where sales tax is applicable, you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Local Hem and our Retail Partners use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items sold through Local Hem. As a result of any error, our Retail Partners may overcollect or undercollect your tax. In consideration of Local Hem allowing you access to and use the LH Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless Local Hem, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
11. Indemnity You agree to indemnify and hold Local Hem (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of these Terms, or your violation of any law or the rights of a third party.
12. Transmission of Information Local Hem does not control the security of the world wide web or other networks you use to access the LH Site or communicate with Local Hem, and therefore Local Hem cannot be, and is not, responsible for the security of information that you choose to communicate with and to Local Hem, the LH Site or a Retail Partner while it is being transmitted. In addition, Local Hem is not responsible for any data lost during transmission.
14. Site-Provided Email and Postings To the extent the LH Site allows users to post and/or send messages, Local Hem is under no obligation to review any messages, information or content ("postings") posted on the site by shoppers and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Local Hem may from time to time monitor the postings on the LH Site and may decline to accept and/or remove any email or postings. You understand and agree not to use any functionality provided by the site to post content or initiate communications that contain any of the content listed in Section 4 of these Terms (above).
15. Links The LH Site, Retail Partners or third parties may provide links to other World Wide Web sites or resources. Because Local Hem has no control over such sites and resources, you acknowledge and agree that Local Hem is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Local Hem shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. Access to Password Protected / Secure Areas Access to and use of password protected and/or secure areas of the LH Site is restricted to authorized personnel only. Unauthorized individuals attempting to access these areas of the site may be subject to prosecution and/or other liability.
17. Modification and Notification of Changes
18. Trademarks & Copyright
The trademarks, logos and service marks ("marks") displayed on the site are the property of Local Hem and other parties. Shoppers are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Local Hem or such third party which may own the marks.
All content included on the LH Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Local Hem or its Retail Partners, or certain third parties and protected by United States and international copyright laws. The compilation of all content on the LH Site is the exclusive property of Local Hem and protected by U.S. and international copyright laws. All software used on the LH Site is the property of Local Hem or its software suppliers and protected by United States and international copyright laws. Shoppers are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the LH Site for commercial or public purposes.
19. Procedure for Claims of Intellectual Property Infringement
Local Hem respects the intellectual property of others, and we ask our shoppers and Retail Partners to do the same. Local Hem relies on a network of independent Retail Partners, and in accordance with the Digital Millennium Copyright Act, you agree we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of the Content posted or transmitted through the LH Site, or items advertised on the LH Site, by our Retail Partners. Additionally, Local Hem may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of shoppers who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Local Hem’s copyright agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Local Hem site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Local Hem’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Local Hem
PO Box 573
Swampscott, MA 01907
By phone: 617-651-0436
By email: email@example.com
Local Hem may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to these Terms.
20. Survival of Terms After Agreement Ends Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.
If any of terms or conditions within these Terms are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
From time to time Local Hem may offer special promotional offers which may or may not apply to you. You agree to be bound by any additional terms and conditions for these special offers.
Headings are for reference purposes only and do not limit the scope or extent of such section. These Terms and the relationship between you and Local Hem will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Local Hem agree to submit to the personal jurisdiction of the federal and state courts located in Suffolk County of the Commonwealth of Massachusetts with respect to any legal proceedings that may arise in connection with these Terms. The failure of Local Hem to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Local Hem does not guarantee it will take action against all breaches of these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. These Terms constitutes the entire agreement between you and Local Hem and governs your use of the LH Site, superseding any prior agreements between you and Local Hem with respect to the LH Site.