Merch Local, LLC. Terms and Conditions.
The following are terms of a legal agreement between you and Merch Local, LLC. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
USE OF SITES
You agree not to use this site or its Content for any illegal or unauthorized activity. You agree that you will not use any device, software, or other technology to interfere or attempt to interfere with the proper working of this site. You agree not to use this site or its Content for any commercial purposes. You agree not to deploy automated agents or other technology to collect, harvest, mine, or otherwise interact with this site, unless you a) uniquely identify your technology by means of the user-agent field in every request header, b) provide a clear point of contact for the operation of those systems and c) follow standard robots.txt and other standard crawler-management policies. You agree that we can, at our sole discretion, prohibit such automated activities.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Merch Local, LLC and others.
Your privacy is important to us. All information gathered by us from you in connection with your use of this site is subject to the provisions in our Privacy Statement. We do not control, nor are we responsible for, the privacy practices of those sites to which we link and, therefore, you agree to read the privacy policies of those sites.
We partner with other SMB providers to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
If you provide Merch Local, LLC with your email address, you may be contacted for marketing and campaign update purposes. When you become a Merch Local LLC customer, you will be subscribed to our automated campaign update emails. If at any time you do not wish to receive e-mail from Merch Local, LLC in the future, you may unsubscribe.
In order to unsubscribe from a mailing list, you may choose any of the following options: Follow the unsubscribe link found at the bottom of the email you’ve received. Contact your client success team or our customer service and ask to be unsubscribed from automated marketing and/or campaign update emails. We will promptly update your preferences for this email address.
Please be aware that if you are a Merch Local, LLC customer, our client success team may continue to manually contact you via email for administrative or informational purposes, including follow-up messages regarding business transactions between Merch Local, LLC and yourself. By law, such messages are not considered to be commercial e-mail.
Merch Local, LLC websites contain links to external, third party web sites along with relevant commentary to provide our visitors with information and content they are looking for.
By providing links to other sites, Merch Local, LLC does not guarantee, approve or endorse the services or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Merch Local, LLC website in question.
Merch Local, LLC does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
You assume complete responsibility and risk in their use of any external sites. You should direct any concerns regarding any external link to its site administrator.
A valid credit card is required to open an account on Merchlocal.com. The service is billed on a monthly basis in advance and is non-refundable. There will be no credits or refunds for partial months of service, or months unused with an open account. If you subscribe to any of the paid portions of the Services, you understand that once you have become a Subscriber, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (e.g., annual, monthly, etc.) you have chosen. Payment is due on the defined recurring billing date. Service will be interrupted on accounts that reach 10 days past due. Upon cancellation of services, client agrees to pay balance of notated subscription program in full immediately unless subscription is cancelled at the end of the subscription term. Failure to do so could incur additional charges and legal action.
Search Engines ultimately choose which rankings are assigned to websites. While our practices have historically given our customers higher search rankings, no SEO provider including Merch Local, LLC can guarantee rankings on search engines.
TERMINATION, CANCELLATION, & REACTIVATION POLICY
CANCELLATION REQUESTS ARE ACCEPTED BY WRITTEN NOTIFICATION ONLY, VIA EMAIL OR BY MAILING A HARD COPY TO MERCH LOCAL, LLC. CANCELLATIONS ARE RECOGNIZED ONLY UPON MERCH LOCAL, LLC’S RECEIPT OF THE REQUEST. CANCELLATIONS REQUESTED OVER THE PHONE ARE ONLY ACCEPTED WHEN ACCOMPANIED BY A WRITTEN CANCELLATION NOTICE, WHICH MUST INCLUDE YOUR NAME, BUSINESS NAME, EMAIL ADDRESS, PHYSICAL OR MAILING ADDRESS, AND DOMAIN NAME. YOU HAVE READ AND UNDERSTOOD THESE CANCELLATION PROCEDURES AND YOU AGREE TO BE BOUND BY THEM.
You are solely responsible for canceling your account by notifying your Merch Local, LLC Client Success team in writing. Cancellation requests must be received at least ten (10) days before the account or product’s next renewal date. Upon cancellation, all of your data and stored information will be deleted immediately and cannot be restored. If you cancel the service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. Merch Local, LLC, at its sole discretion, reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and immediate archival or deletion of all data in your account. Merch Local, LLC reserves the right to refuse service to anyone in its sole and absolute discretion. In the event you choose to terminate services prior to completion of the contract term, Advertiser agrees to pay an early termination fee equal to the balance of contract agreement within 7 business days. In the event collection proves necessary, the Advertiser agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. In the event that Merch Local, LLC has built your website for you, you can transfer your domain name and website HTML to another service provider for $199, once you have completed the full term of your contract. All images and text on the site will remain the property of the Advertiser, but Merch Local, LLC will retain ownership of the files and code on the site since these are proprietary to the website platform. The Merch Local Site Custom Website product may be reactivated (meaning the site will be published again onto the chosen domain) for no additional cost, unless the domain subscription for the website has expired. If the domain subscription has expired, a reactivation fee of $200.00 will apply. Repurchase of a domain may be accommodated up to 30 days after the domain subscription expires (or a year and thirty days from the purchase of the original subscription). After the 30 day grace period, all website files will be retired and past clients desiring a website will need to order a new website. Once a customer’s domain has been allowed to expire, it may not be possible to obtain that exact domain again, in which case the purchase of a new domain must be arranged. A three day right of rescission applies to every client. This means that all clients may elect to cancel their account(s) without penalty within 3 days of the moment they pay for our products or services. All cancellation requests must be provided in writing.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW: SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. WE MAKE NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE AT YOUR OWN DISCRETION.