Last Updated 11/24/2018
A Merchant Sponsor Account may be established for, but not limited to, businesses, non-profits, civic, educational and other certain types of organizations (“Customers”, “Clients”), for the purpose of advertising and promoting their business or organization through the site, our social media and digital channels or other services we may offer (herein referred to as “Services”). Clients includes businesses that use and are allowed to use in accordance with these terms the Services offered by Us and register a Merchant Account with us for the purposes of posting Content to the Site and/or using our Services. All pages and content relating to End Users and/or any Customer on the Site is individually and collectively bound to and covered under these Terms. By establishing a Merchant Account, you must be of legal age (an adult 18 years of age or older) and agreeing that you are an authorized representative of the Merchant Sponsor Account being created or serviced by you. These Merchant Accounts are not intended for visitors of the site and should not be used by anyone or entity that does not meet the requirements of these Terms. Hometown Savvy reserves all rights to terminate accounts that do not comply with these policies.
THESE TERMS CREATE A LEGALLY BINDING AGREEMENT FOR YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE YOU ACCEPT THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THIS AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR BUSINESS SERVICES. IF YOU ARE USING THE SITE OR BUSINESS SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.
Failure to comply with these standards may result in cancellation of Your postings and termination of Your Account. These policies listed here may change at any time without any notice. If You are managing ads on behalf of multiple advertisers and/or third parties, each advertiser must be managed through separate Merchant Sponsor Accounts and these policies apply individually and comprehensively to each advertiser. These policies extend to other digital promotions that We may provide for You outside of the Site, such as, but not limited to, digital magazines, catalogs, flyers or other Services offered and You may be subject to different or additional terms if You use these other Services We provide.
1. CUSTOMER ACCOUNTS
If You are managing ads on behalf of multiple advertisers and/or third parties, each advertiser must be managed through separate Merchant Sponsor Accounts and these policies apply individually and comprehensively to each advertiser.
1.2 Account Activation, Compliance Review and Approval. All Merchant Sponsor Accounts established as well as each new item posted and its content must be reviewed and approved by Hometown Savvy for compliance with these Terms. This process may take up to 5 business days. If payments are required this review and approval process may slow down the time it takes for activation of your posting on our Site and will not begin to be performed until such time payment in full has been received. Activation requires payment in full as per Section 2 Below and any written contracts for advertising placement You have agreed to. All changes and updates to Your listing items will also require compliance review and approval by Hometown Savvy. Hometown Savvy may it its sole discretion allow you to post these changes and updates live as you make them, but in all cases any content changes and updates you make to your items will be reviewed within 5 business days for compliance. Upon completion of said review any updates and changes found to be out of compliance with these Terms will be suspended and you will be immediately notified via email so you can make edits and update the content to bring it into compliance. Upon your approved changes, the item(s) will then be approved within 3 business days. If for any reason an initial compliance review isn’t performed in 5 days or Hometown Savvy misses an out of compliance item then Hometown Savvy will at all times have the right at any time in the future to suspend the account and notify You of out of compliance items.
1.3 Cancellation. You may cancel Your Merchant Account and postings associated with Your Account at any time, but cancellation will require You to contact us in writing via the Site or by other means provided to you. Cancellations, require a manual removal process and take time to process. Please allow up to 15 business days following receipt of an e-mail notice (or mailed noticed) provided by You. Notice of cancellations received after noon Pacific Standard Time will be considered made the next business day. In the case of billed Services, cancellations made post a billing cycle will be billed through the remainder of the billing cycle and may be impacted by contractual commitments. If you have prepaid for a period of time, you may cancel your agreement and remove your merchant account and any associated content, however, no refund will be provided to you. Hometown Savvy may cancel Your Account at any time or for any reason whether governed by these Terms or not. Billing matters for cancellations made by Hometown Savvy will be handled by above terms and no refunds will be made for Termination of Accounts by Hometown Savvy if made under any section of these Terms or other violations of these Terms for any reason.
1.4 Refund Policy. ALL PAYMENTS, INCLUDING PREPAID TIME PERIOD AMOUNTS, ARE NON-REFUNDABLE, IN WHOLE OR IN PART, FOR ANY REASON, WHATSOVER INCLUDING BUT NOT LIMITED TO CANCELLATION OR TERMINATION OF SERVICES.
1.5 Buyer Remorse Policy. You are allowed 48 hours from the activation of your Account to notify Us in the case of Buyer’s Remorse in which case we will refund Your payment in full for the initial account set-up and items being purchased upon initial set-up only. Please allow up to 30 working days for refunds to process. Once any Account has been established for longer than the initial 48-hour time frame as stated above, all subsequent purchases will not be provided any refund under this clause but will be allowed cancellation under section 1.3 above.
2. BILLING/PAYMENT MATTERS
2.1 Services and Payment. If your Merchant Account, use of this Site and it’s Services requires payment to Us then your Hometown Savvy sales representatives will help you set-up your account and billing mechanisms. In these cases, You are agreeing to recurring billings for each listing item purchased per the renewal terms of this site or contracted terms as established between You and Us. A t times, prepayment for a structured time-period (such as, but not limited to, 3 months, 6 months or 12 months) may be allowed at specialized tiered price points to ease collection issues. There is no guarantee or warranty of equal pricing between different Merchant Sponsors or Site Services and Hometown Savvy at its sole discretion may negotiate different prices for different Merchant Sponsors being provided the same items and for the same price period. Pricing may change or vary over time and each non-contracted renewal period may be priced differently for the same Merchant Sponsor. All Services purchased for placement on the Site may be automatically renewed, at the sole discretion of Hometown Savvy, per the same pricing and terms, unless you are notified by Hometown Savvy in advance, until you cancel your Services.
Hometown Savvy may change at any time, for any reason, at Our sole discretion, the pricing for Services offered on the Site that You have purchased. Any changes in pricing affecting purchase Services as of the date of change will not take effect until at least 30 days after the Hometown Savvy attempt to reach You with a notification via email, based upon what we have on file. Notification of pricing changes may be sent out any time prior to the global change and implementation on the Site.
Services may be offered on a paid for or free basis. Based on the Services ordered You will pay the then-current fee structured as listed on the Site or provided by Hometown Savvy in writing. Hometown Savvy accepts payment by credit card, bank check, cashier’s check or money order. Hometown Savvy reserves all rights to determine if your business or advertisement is eligible to be paid through our credit card processing system or if you will need to pay it by bank check, cashiers check or money order. If you are eligible to pay by credit card and so elect to pay by credit card Hometown Savvy will automatically bill your credit card provided when ordering the Services on the date the Services are activated, at the price points provided to you by Hometown Savvy and will continue to do so each month thereafter until Your Account is cancelled or terminated per these Terms. As such You hereby authorize Hometown Savvy to bill Your credit card as described above. In the event You cancel Services or Your Account reactivation may be subject to reactivation fees at the sole discretion Hometown Savvy In the event We terminate Services or Your Account reactivation may be subject to reactivation fees at the sole discretion Hometown Savvy.
Hometown Savvy reserves at its sole discretion the right not to activate any ordered Services until such time payment in full for the Services has been received by Hometown Savvy All amounts are due immediately upon ordering the Services or each month thereafter on the day the new billing cycle begins. Any amounts not paid when due shall bear interest at the rate of one ad one half percent (1.5%) per month or the maximum legal rate if less. For Accounts with authorized payment by credit card, if any fee cannot be charged to Your credit card for any reason, Hometown Savvy may provide, via email or other method, notice of such non-payment and a link or other method for you to update your payment information. If such non-payment is not remedied within seven (7) days after Hometown Savvy issues, via email or other form of communication, such notice of non-payment then We may provide any special types of Services ordered to another non-paying Customer (e.g., any ad space the You may have reserved), (b) may permanently revoke any existing offers related to special pricing or discounts We provided to You, and/or (c) may at the sole discretion of Hometown Savvy terminate the applicable Service or Account.
Our fees for Services are exclusive of all taxes, levies, or duties imposed by any and all taxing authorities and You are solely responsible for payment of all such taxes, levies or duties imposed by law on the Services ordered by You.
Our payment terms and pricing may from time to time be updated and it is Your responsibility to ensure You review them from time to time. By establishing Your Merchant Sponsor Account with us You agree that You have reviewed these Terms of Sale as well as the pricing structure and are bound by them.
3. LICENSE AND OWNERSHIP
3.1 License. Subject to and solely in accordance with the terms of this Agreement Hometown Savvy grants you a non-transferable, non-exclusive license to use the Site and Services provided as subscribed through your Account. This right is subject to the following restrictions: a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) You shall not access the Site or Services in order to build a similar or competitive business model; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
You hereby grant, and you represent and warrant that you have the right to grant, to Hometown Savvy an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use the Content (defined below), and to grant sublicenses of the foregoing, for the purposes of including the Content in the Site and developing and distributing new, original content for use in conjunction with the Site. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to the Content. Some of the Content may continue to be publicly displayed and distributed on the Site following updates to, cancellation, termination or expiration of these Terms or of ordered Accounts and Services.
3.2 Ownership. Excluding Content (defined below), You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress, and trade secrets, in the Site are owned by Hometown Savvy or Hometown Savvy licensors. The provision of the Site does not transfer to You or any third party any rights, title or interest in or to such intellectual property rights. Hometown Savvy and its licensors reserve all rights not granted in these Terms.
Content means any and all information and content that You submit, or uses with, the Site including advertisements, business name, address, and other contact information. Content also includes, but is not limited to coupons, promotional codes, giveaways, and other offers, discounts or items listed by You on the Site (collectively, “Deals”), photos, samples, goods, services, products, articles or other information uploaded by to the Site. You are solely responsible for the Content. You assume all risks associated with use of the Content, including any reliance on its accuracy, completeness or usefulness by End Users of the Site, or any disclosure of the Content that makes You or any third party personally identifiable. You hereby represent and warrant that the Content does not violate any of the Terms listed herein. Hometown Savvy is not obligated to backup any Content and said Content may be deleted at any time. You are solely responsible for creating backup copies of the Content if You desire.
3.3 Suggestions. If You provide Hometown Savvy any suggestions or feedback (“Suggestions”), regarding the Site, You hereby assign to Hometown Savvy all rights in the Suggestions and agree that Hometown Savvy shall have the right to use such Suggestions and related information in any manner it deems appropriate. Hometown Savvy will treat any Suggestions provided to Hometown Savvy by You as non-confidential and non-proprietary. You agree that you will not submit to Hometown Savvy any information or ideas that You consider to be confidential or proprietary.
4.1 General Restrictions. You agree not to use the Site to collect, upload, transmit, display, or distribute any Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors (persons under the legal age of twenty one) in any way; (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (d) is otherwise designed, that in Hometown Savvy sole discretion, to attack or damage the reputation of your competitors or other End Users on the Site.
4.2 Compliance with Applicable Laws. You may not use the Site to post or communicate any information in contravention of any applicable laws or regulations. All Content must comply with all applicable laws, whether national, state, or provincial, including, without limitation, those regulating the advertising of marijuana or marijuana-related products and provision of any Deals. You must comply with all applicable laws, regulations, and industry standards in conducting your business, and in the event that any person, entity, or government authority accuses you of any illegal or unethical conduct, Hometown Savvy shall have the right in its sole discretion to immediately suspend or terminate Your use of the Site upon notification in accordance with the Terms contained herein.
4.3 Customer Content Overview. You may not upload or otherwise post Content that refers or links to any third-party web sites or services similar to those offered by Hometown Savvy on this site or any other site owned and operated by Hometown Savvy You are solely responsible for updating and maintaining all Content so that it is accurate and current.
4.4 Photos. Any photo images must be relevant and appropriate to Your Account, Service, Content and/or its business or product being featured with it on the Site. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in these Terms.
4.5 Technology Restrictions. You agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other Customers or End Users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Hometown Savvy or gain unauthorized access to the Site, other Customer Accounts, Services or Content, or other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another Customer or End User use and enjoyment of the Site; or (g) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site.
4.6 Monitoring, Suspension and Termination. We reserve the right (but have no obligation) to review any and all Content, investigate, and/or take appropriate action against You that in our sole discretion (including removing or modifying Your Content, terminating a Service, terminating your Account in accordance with the Terms contained herein, and/or reporting you to law enforcement authorities) if We in our sole discretion suspect that you have violated the any provision of Terms or otherwise create liability for us or any other person.
4.7 Modification. Hometown Savvy reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Hometown Savvy will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
5. OTHER USERS
5.1 Other Users. Your interactions with other Customers or End Users are solely between you and such user, including with respect to the provision and redemption of any savings, coupons or deals that may be allowed or not allowed in accordance with these Terms, but posted by you and offered by You on the Site to consumers. You agree that Hometown Savvy will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any Customer or End User, we are under no obligation to become involved. You agree that You will not encourage any Customer, End User, other person or entity to violate these Terms.
5.2 Release. You hereby release, forever discharge and agree to hold harmless, indemnify and defend (at your sole cost) Hometown Savvy (and Our members, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Customers or End Users.
You agree to indemnify, defend and hold Hometown Savvy (and its members, officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claims, causes of action, damages or demand made by any third-party due to, related to or arising out of (i) Your use of the Site, (ii) Your interactions with any Customer, End User, other person or entity of the Site (including other potential customers); (iii) Your Content, (iv) Your violation of this Agreement and its Terms; or (v) your violation of applicable laws or regulations. Hometown Savvy reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Hometown Savvy Hometown Savvy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (INCLUDING OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (INCLUDING OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FOR ANY SPECIFIC DURATION OR AMOUNT OF TIME; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY USE OF THE SITE TO DEPICT OR DESCRIBE YOUR EVENTS, POSTINGS, PRODUCTS OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE AND COMPLY WITH ALL APPLICABLE LEGAL OR REGULATORY REQUIREMENTS AND RESTRICTIONS. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
8. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE (INCLUDING OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT AND THE TERMS CONTAINED HEREIN, OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID HOMETOWN SAVVY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
9. TERM AND TERMINATION.
Subject to this Section, this Agreement and these Terms will remain in full force and effect while You use the Site. We may (a) suspend your rights to use the Site (including any and all Services, Content and/or your Account) or (b) terminate this Agreement and these Terms, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement and these Terms, by notifying or attempting to notify you at the e-mail address and/or phone number provided in connection with Your Account. It is Your responsibility to ensure that we have accurate contact information on file for You. Upon termination of this Agreement and these Terms, Your Account and right to access and use the Site will terminate immediately. You understand that any termination of Your Account involves deletion of the Content associated therewith from our live databases. Hometown Savvy will not have any liability whatsoever to You for any termination of this Agreement and these Terms, including for termination of Your Account or deletion of the Content associated therewith from our live databases. Even after this Agreement and these Terms is terminated, the following provisions of this Agreement will remain in effect: Sections 3 and 10.6.
10.1 No Support or Maintenance. You acknowledge and agree that Hometown Savvy will have no obligation to provide You with any support or maintenance in connection with the Site.
10.3 Electronic Communications. The communications between You and Hometown Savvy is by use of electronic means, whether You visit the Site or send Hometown Savvy e-mails, or whether Hometown Savvy posts notices on the Site or communicates with you via e-mail. For contractual purposes, You (1) consent to receive communications from Hometown Savvy in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hometown Savvy provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights.
10.4 Choice of Law; Venue. The Agreement and these Terms is made under and shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles that provide for the application of the law of another jurisdiction. Any action at law or in equity will be commenced in a federal or state court located in the Lane County, Oregon and You and Hometown Savvy consent to venue and jurisdiction of such courts.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The word “including” means including without limitation.
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Your relationship to Hometown Savvy is that of an independent contractor, and neither party is an agent or partner of the other.
This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Hometown Savvy’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. In the event that Hometown Savvy approves assignment under this section, the terms of this Agreement shall be binding upon assignee’s.
10.6 Copyright/Trademark Information.
Hometown Savvy; the Hometown Savvy logo (“Marks”) are trademarks of Hometown Savvy You acknowledge and agree that You are not permitted to use these Marks or any third-party marks displayed on the Site without prior written consent from, respectively, Hometown Savvy or the owners of such third-party marks.
10.7 Contact Information:
Hometown Savvy, 1863 Pioneer Pkwy E #603, Springfield, OR 97477
Toll Free: 844-519-1772 | Telephone: 541-246-3224 | Fax: 866-863-4302