TERMS & CONDITIONS
Last Updated: February 23, 2024
Introduction
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and High Tide Local (“Company,” “we” or “us”). These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website https://www.HighTideLocal.com (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website. By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
We reserve the right to update this User Agreement at any time without prior notification. It is your responsibility to regularly check this User Agreement for any changes. By continuing to use this site after any modifications, you are acknowledging and agreeing to the revised terms and conditions.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Message and data rates may apply.
The User Understands That:
To access or use the Platform you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Platform and any resources provided on or available for download from the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Platform is strictly prohibited.
Use your actual business name or how your brand is consistently represented in the real world. Make sure your address and contact information is accurate and consistent with other public available information. One profile listing per actual physical location.
The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Terms of Use and Conduct
Accessing our Platform may require you to provide personal details (like identification, contact information, etc.) for registration or usage. It's crucial to provide accurate information. Our Privacy Policy details how we handle your personal data.
You must keep your login details for any account used to access our Platform confidential and are responsible for all activities under your account(s).
Ensure you have the rights to all content (textual and visual) you upload to the Platform. Do not post content that infringes on others' rights or is defamatory.
Accessing our Platform by any means other than those provided by us is strictly forbidden.
Do not engage in activities that disrupt or interfere with our Platform, its servers, or networks.
Copying, duplicating, reproducing, selling, trading, or reselling our Platform is prohibited.
You are liable for any consequences, losses, or damages resulting from unauthorized activities, potentially leading to criminal or civil liability.
Our website may offer open communication tools (like blogs, forums, social media services). We generally do not monitor these, so it's your responsibility to use them ethically. Do not post content that is illegal, harmful, fraudulent, racist, harassing, abusive, or infringes on any rights. We reserve the right to remove content that violates this agreement or is deemed offensive, and are not liable for delays in removing such content.
We are not liable for content posted by you or other users. Your content must be your own and not violate any rights. Registration information is protected by our privacy policy.
You agree to indemnify and hold harmless the Company and its affiliates from any losses due to violations of this User Agreement or misuse of your account. We reserve the right to assume the defense of any claim for which we are entitled to indemnification. You are expected to cooperate with us in such cases.
By accessing and utilizing the resources, services, products, and tools on our website, either directly or indirectly (hereafter referred to as the ‘Platform’), you commit to using the Platform solely for its intended purposes, in compliance with (a) this User Agreement, and (b) all relevant laws, regulations, and accepted online practices or guidelines.
You Understand that:
Payment
a. Fees
If you choose to purchase one or more of the Services provided on our Site, you agree to pay all fees associated with the Services. Our monthly subscription provides tiered pricing for different levels of services and products based on the services you choose to use. In addition to our monthly subscription services, you may purchase add-on services for a one-time fee or recurring subscription fees, depending on the product. Any charges incurred by your purchase or use of the Services, will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 10 days of the change.
b. Overdue Amounts
If, for any reason, your credit card is declined or you otherwise refuse to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
c. All Subscriptions Non-refundable
Except as described below, all fees paid for the Services provided on our Site are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, if we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
Upgrading or Downgrading Paid Packages
High Tide Local does not offer long-term contracts, so you may upgrade, downgrade, or cancel your marketing package at any time. If you downgrade or cancel, your subscription access will be available until the end of your current billing cycle. We ask that you please send notice to [email protected] for a cancellation before your next billing cycle. If upgrading, your new subscription will be pro-rated based on the time left on your existing subscription and may include an additional set-up fee, depending on your package.
If you downgrade, cancel, or refuse to pay you will lose access to all the features and benefits of your current package level.
We cannot guarantee or warrant that our marketing system and Platform will fulfill your specific needs or requirements.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to our Platform, in whole or in part, at any time, without prior notice, for any reason, including but not limited to a breach of this User Agreement. Suspected unlawful, fraudulent, or abusive behavior may lead to the termination of your access and could be reported to law enforcement agencies. If your access is suspended or terminated, your ability to use the Platform will end immediately, and we may erase any data you have provided, including account and login details.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by High Tide Local.
High Tide Local has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
Indemnification
You agree to defend, indemnify and hold harmless High Tide Local and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In line with the previously mentioned Limitation of Warranties, you acknowledge and agree that any claim against us will be confined to the amount, if any, you have paid for the use of our products and/or services. The Company will not bear responsibility for any direct, indirect, incidental, consequential, or exemplary damages that you may suffer due to the use of our Platform. This includes, but is not limited to, damages resulting from changes, data loss or corruption, cancellation, loss of access, or any downtime, in accordance with the full scope of applicable laws governing limitation of liability.
Use of Free Content
The Company may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content you may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.
By accessing downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.
Intellectual Property
The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, code, logos, systems, and packages, belonging to the Company or to our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Platform and remove you from any service, without refund, if you are caught violating this intellectual property policy.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform and the resources available for download from the Platform (the “Content”) strictly in accordance with these Terms of Use.
As a condition of your use of the Platform, you warrant to the Company that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.
All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The Parties consent to jurisdiction and venue in Pierce County, Washington.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Contact Us
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
High Tide Local
PMB 1014 15127 Main St E Ste 104, Sumner WA 98390