Terms and Conditions of Use
IMPORTANT: ALL USERS MUST READ THIS SECTION
This is a summary of our terms, conditions and privacy policies. For our complete terms and conditions, please read below and visit our Privacy Policy.
- Your privacy is important to us and we will protect it. We will not share your personal information with anyone other than those listed in our Privacy Policy.
- As a condition of purchase, Localiter requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.
- By placing an order, you make an offer to us to purchase products you have selected based on standard Localiter restrictions, merchant-specific restrictions, and on the terms and conditions stated below.
- You are required to create an account in order to purchase any product from our site. This is required so we can provide you with easy access to print your orders, view your past purchases, and modify your preferences.
- Localiter takes no responsibility for the services or products for which Localiter certificates may be redeemed – Localiter makes no warranty to Localites for the quality, safety, usability, or other aspect of the product or service for which the Localiter certificate is redeemed. Some services for which Localiter certificates can be redeemed are activities that involve potential bodily harm (such as skydiving, etc), and for those activities, Localiter takes no responsibility for the service or activity being offered, and Localites take responsibility for his or her own actions in utilizing the services for which the Localiter certificate can be redeemed. See Section 7, below, for more information on this limitation of Localiter’s liability.
- The Localiter certificate you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Localiter, is the seller of the goods and services. Localiter sells a Localiter certificate that can be redeemed in connection with your purchase of the goods or services from Merchant.
- If you have any questions about these terms, please contact Localiter.
To read the complete Localiter Terms and Conditions, please see below.
IMPORTANT: ALL USERS MUST READ THIS SECTION
LOCALITER, LLC
ACCEPTANCE OF TERMS AND CONDITIONS
By using the Localiter website (the "Website"), you (the “User”, the “End User” or "Localites") agree to the terms and conditions that we ("Localiter") have provided. If you do not agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please exit the Website.
Localiter reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
I. TERMS OF USE
1. Definitions.
"Localiter" provides an interactive online service operated by Localiter, LLC (herein referred to as “Localiter”) on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by Localiter, affiliates of Localiter and other third parties.
2. General.
This Agreement sets forth the terms and conditions that apply to the use of this Website by the Localites. By using this Website (other than to read this Agreement for the first time), you, Localites, agree to comply with all of the terms and conditions hereof. The right to use this Website is personal to Localites and is not transferable to any other person or entity. Localites shall be responsible for protecting the confidentiality of her/his password(s), if any. Localites acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Localiter, and Localiter shall not be responsible for any data lost while transmitting information on the Internet. While it is Localiter’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside the control of Localiter, access to the Website may be interrupted, suspended or terminated from time to time. Localiter shall have the right at any time to change or discontinue any aspect or feature of Localiter, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Localiter may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms.
Localiter reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Localiter's posting thereof. Any use of Localiter by Localites after such notice shall be deemed to constitute acceptance by Localites of such modifications.
4. Equipment.
Localites shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Localiter shall not be liable for any damages to the Localites's equipment resulting from the use of this Website.
5. Localites Conduct.
This Website and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Website (the "Microsites") are private property. All interactions on this Website and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Website, we do insist and require that Localites restrict any and all activity in connection with the use of this Website and the Microsites to that which involves lawful purposes only. Localites shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Localiter's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Localite that in Localiter's exclusive discretion restricts or inhibits any other Localite from using or enjoying this Website and/or any of the Microsites is strictly prohibited. Localites shall not use this Website or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Localiter.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Localiter, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks.
Everything located on or in this Website, including the Microsites, is the exclusive property of Localiter, LLC or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF LOCALITER, LLC IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offending User/s to civil and / or criminal penalties.
This Website may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Localiter protected by copyright as a collective work under the United States copyright laws. Localiter claims copyright ownership in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Localites may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Localites may download / print / save copyrighted material for Localites's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Localiter and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Localites acknowledge that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a Web site otherwise owned or operated in conjunction with Localiter shall not be deemed to be in the public domain but rather the exclusive property of Localiter, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Localiter, unless otherwise stated.
Localites shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Localiter does not have any express burden or responsibility to provide Localites with indications, markings or anything else that may aid Localites in determining whether the material in question is copyrighted or trademarked. Localites shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, a Localite warrants that the owner of such material has expressly granted Localiter the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Localites also permit any other Localites to access, view, store or reproduce the material for that Localites's personal use. Localites hereby grant Localiter the right to edit, copy, publish and distribute any material made available on this Website by Localites.
The foregoing provisions of Section 6 apply equally to and are for the benefit of Localiter, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability.
LOCALITE EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT LOCALITE'S SOLE RISK. NEITHER LOCALITER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. LOCALITE SPECIFICALLY ACKNOWLEDGES THAT LOCALITER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH LOCALITE.
IN NO EVENT SHALL LOCALITER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. LOCALITER AMD USERS HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER LOCALITER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE LOCALITE, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
LOCALITER IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY LOCALITER. MOREOVER, LOCALITER RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, LOCALITER, DEEMS UNSUITABLE.
8. Monitoring.
Localiter shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Localiter, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Localiter shall have the right to remove any material that Localiter, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Privacy.
Localites acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read any Localites's communications without that Localites's knowledge. Localiter does not control or endorse the content, messages or information found in any Community, and, therefore, Localiter specifically disclaims any liability concerning the Communities and any actions resulting from a Localite’s participation in any Community, including any objectionable content. Generally, any communication which a Localite posts to Localiter (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Localiter as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, Localites grant Localiter the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Localiter's Privacy Policy.
10. License Grant.
By posting communications on or through this Website, Localites shall be deemed to have granted to Localiter a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
11. Indemnification.
Localites agrees to defend, indemnify and hold harmless Localiter, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Website and/or the Microsites by Localites.
12. Termination.
Localiter may terminate this Agreement at any time. Without limiting the foregoing, Localiter shall have the right to immediately terminate any passwords or accounts of Localites in the event of any conduct by Localites which Localiter, in its sole discretion, considers to be unacceptable, or in the event of any breach by Localites of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
13. Trademarks.
Localiter is intended to be a trademark of Localiter, LLC. All rights achieved in respect of this trademark claim are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Localiter are the property of their respective owners.
14. Third Party Content.
Localiter, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Localites. Accordingly, Localiter has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Localites are those of the respective author(s) or distributors) and not of Localiter. Neither Localiter nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, Localites, or other user not under contract with Localiter. Localiter neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Localiter by anyone other than authorized Localiter employee spokespersons while acting in official capacities. Under no circumstances will Localiter be liable for any loss or damage caused by a Localites's reliance on information obtained through Localiter. It is the responsibility of Localites to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Localiter. Localiter contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Localiter of the contents on such third-party sites and Localiter hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If Localites decide to access linked third-party Web sites, Localites do so at her/his own risk. Unless you have executed a written agreement with Localiter expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Localiter reserves the right to revoke its consent to any link at any time in its sole discretion.
15. Miscellaneous.
This Agreement and any operating rules for Localiter established by Localiter constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Localiter's headquarters are in Austin, Texas. Legal issues arising out of, but not exclusive to the use of, this Website or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Texas (exclusive of its rules regarding conflicts of laws). By using this Website, Localites agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Website or any Microsite, shall be finally settled by arbitration in Chicago, Illinois under the rules of arbitration of the American Arbitration Association.
For Florida residents purchasing certificates where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.
II. TERMS OF SALE
By placing an Order, you make an offer to us to purchase the certificates you have selected on the terms and conditions stated below. For more information, please view our privacy policy.
You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
The Localiter certificate you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Localiter, is the seller of the goods and services and is solely responsible for redeeming any Localiter certificate you purchase. Localiter sells a certificate that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Certificates
For this section, Restaurant shall be defined as a merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Localiter certificates.
- Redemption frequency is determined by restaurants, and shall be contained in the certificate offer on Localiter.
- Use of Restaurant-Specific Certificates for alcoholic beverages is at the sole discretion of the restaurant. Restaurant agrees to comply with all state laws pertaining to the same.
- It is at the discretion of the restaurant to determine whether Localiter vouchers can be combined with any other restaurant certificates, third party certificates, coupons, or promotions.
- Restaurant-Specific Certificates cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dine in only unless otherwise stated.
- The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
- Neither the seller nor the restaurant is responsible for lost or stolen certificates or restaurant certificates reference numbers.
- Reproduction, sale or trade of this Restaurant-Specific Certificate is prohibited unless done so in compliance with the law.
- Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Certificate void.
- Void to the extent prohibited by law.
- The Localiter offer (including, but not limited to, any discounts) expires on the date specified on the Localiter certificate, except that the Merchant may continue to redeem the unused cash value you paid for the Localiter (which is usually less than the original face value of the Localiter) to the extent required by applicable law. See Section 3 below for a more detailed explanation.
- If you redeem the Localiter for less than its face value, you will not be entitled to a credit, cash or new Localiter equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Localiter certificate exceeds the amount you redeemed. For example, if you paid $20 for the Localiter certificate which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Localiter certificate.
- All purchases of vouchers for Restaurants may have statutory limitations on the amount of the Localiter certificate value that can be redeemed for alcoholic beverages. For example, for customers purchasing vouchers for Restaurants in Ohio, the redemption of the Localiter certificate may be subject to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section 4301.01, which imposes a limitation of redeeming vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Localiter certificate can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Localiter certificate. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Localiter’s sole role in the transaction is as a marketing agent for the Merchant certificate, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Localiter has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Localiter Certificates
- Localiter certificates may be applied only to merchandise sold by the respective merchant, and may not be applied to shipping or handling charges.
- Limit one (1) Localiter certificate per redemption. Only one Localiter certificate can be used per order unless otherwise specified by merchant.
- The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.
- Neither the seller nor the merchant is responsible for lost or stolen Localiter certificate or Localiter certificate's reference number.
- Certificate cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by merchant.
- Reproduction, sale or trade of this Localiter certificate is prohibited unless done so in compliance with the law.
- Any attempted redemption not consistent with these terms and conditions will render the Localiter certificate null and void.
- Void to the extent prohibited by law.
- The Localiter offer (including, but not limited to, any discounts) expires on the date specified on the Localiter certificate, except that the Merchant may continue to redeem the unused cash amount you paid for the Localiter (which is usually less than the original face value of the Localiter) to the extent required by applicable law. See section 3 for a more detailed explanation.
- If you redeem the Localiter certificate for less than its face value, you will not be entitled to a credit, cash or a new Localiter certificate equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Localiter certificate exceeds the amount you redeemed. For example, if you paid $20 for Localiter certificate which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Localiter certificate.
3. Additional Terms and Conditions for All Localiter Products
All Localiter certificates printed from the Localiter website or any website associated with Localiter (hereinafter “Certificates”) are promotional vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of Localiter and the participating Restaurant or merchant. The Merchant is the seller of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Certificate is the restaurant. The holder and issuer of a Merchant Certificate is the merchant. As a holder and issuer of the Certificate, the restaurant or 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 restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Certificates. Restaurant-Specific Certificates and Merchant Certificates are redeemable in their entirety only and may not be redeemed incrementally.
According to the laws of the respective states in which you purchased your Certificate, and in which you wish to redeem your Certificate at the Merchant, the Merchant is responsible for allowing you to redeem your Certificate for the cash value based on the money you actually paid for your Certificate (i.e. if you paid $20 for a Certificate which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the Certificate. While the expiration date on the Certificate dictates the last date that you can use your Certificate at Merchant for the promotional offer which is stated on the Certificate, state laws (which vary state-by-state, and which are generally made available by each State on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your Certificate for a period of time beyond the expiration date stated on the Certificate. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of Localiter, as Localiter is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional certificate on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.




