Terms of Use

Thinklocalmarket.com
Terms of Use


Please Read These Terms of Use ("agreement" or "terms of Use") Carefully Before Using the Website and Services Offered by Thinklocalmarket.Com ("thinklocalmarket.Com"). 

These Terms of Use Set Forth the Legally Binding Terms and Conditions for Your Use of the Website at Http://www.Thinklocalmarket.Com (the "site") and All Services Provided by Thinklocalmarket.Com on the Site.

 

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein.  This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, municipal staff and other materials or services on the Site.

 

You agree and acknowledge that you have sought whatever advice you think is necessary in relation to your use of this Site.

1. ThinkLocalMarket.com is a Venue

ThinkLocalMarket.com acts as a venue to allow users who comply with ThinkLocalMarket.com's policies to offer, sell and buy certain goods and services produced, provided or sold within one of the member municipalities. 

 

ThinkLocalMarket.com is not directly involved in the transaction between buyers and sellers.  As a result, ThinkLocalMarket.com has no control over the quality, safety, morality or legality of any aspect of the items or services listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.

The only qualification attributed to a merchant on ThinkLocalMarket.com is that the merchant produces, provides or sells its products or services within one of the member municipalities. ThinkLocalMarket.com does not pre-screen users beyond their geographic location or the content or information provided by users.

 

ThinkLocalMarket.com cannot ensure that a buyer or seller will actually complete a transaction. 

 

Consequently, ThinkLocalMarket.com does not transfer legal ownership of items or services from the seller to the buyer.

 

ThinkLocalMarket.com encourages you to communicate directly with potential transaction partners through the tools available on the Site. Payments on ThinkLocalMarket.com should only be done through PayPal to ensure traceability and accuracy of transfers. You may also wish to consider using a third-party escrow service or services that provide additional user verification should a transaction be done outside ofThinkLocalMarket.com, such as transactions for larger items or services provided by the merchant.

You agree that ThinkLocalMarket.com is a venue only, and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties onThinkLocalMarket.com.  You use the ThinkLocalMarket.com service at your own risk. 

2. Membership Eligibility

Age: ThinkLocalMarket.com's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.  You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.  ThinkLocalMarket.com may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time.  This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

 

Individuals under the age of 18 must at all times use ThinkLocalMarket.com's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

 

Geographic Location: Becoming a merchant on ThinkLocalMarket.com is limited to individuals and companies producing, providing or selling their product or service within one of the member municipalities.  Contact your local municipality to find out if they are an active member ofThinkLocalMarket.com.

 

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.  In addition, you must abide by ThinkLocalMarket.com's policies as well as all other operating rules, policies and procedures that may be published from time to time on the Site by ThinkLocalMarket.com, each of which is incorporated herein by reference and each of which may be updated by ThinkLocalMarket.com from time to time without notice to you. 

 

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by ThinkLocalMarket.comfrom time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

 

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality.  You agree to immediately notify ThinkLocalMarket.com or your municipal Economic Development Coordinator of any unauthorized use of your password or any breach of security.  You also agree that ThinkLocalMarket.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.  You agree not to provide your username and password information in combination to any other party other than ThinkLocalMarket.com without ThinkLocalMarket.com's express written permission.

 

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on ThinkLocalMarket.com you must provide and maintain valid payment information such as a valid PayPal account.

 

Account Transfer: You may not transfer or sell your ThinkLocalMarket.com account and User ID to another party.  If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. 

 

Right to Refuse Service: ThinkLocalMarket.com's services are not available to temporarily or indefinitely suspended ThinkLocalMarket.commembers.  ThinkLocalMarket.com reserves the right, at the sole discretion of the merchant’s host municipality, to cancel unconfirmed or inactive accounts. ThinkLocalMarket.com reserves the right to refuse service to anyone, for any reason, at any time. 

 

3. Fees and Services

Joining and setting up a shop on ThinkLocalMarket.com is free.  ThinkLocalMarket.com is provided to merchants as a free service on behalf of the member municipality.  Transaction fees charged by PayPal are done directly between PayPal and the merchant and ThinkLocalMarket.com will not be held responsible for any variances or discrepancies with these fees. 

 

ThinkLocalMarket.com reserves the right to change its fees for services with at least fourteen (14) days' notice to the merchant by posting the changes on the Site.  Unless otherwise stated, all fees are quoted in Canadian Dollars (CAD). 

 

ThinkLocalMarket.com does not keep any payment information on file. 

 

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with ThinkLocalMarket.com's published policies.  You also warrant that you may legally sell the item.  You must accurately describe your item and all terms of sale in yourThinkLocalMarket.com shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.  All items must be listed in an appropriate category with appropriate tags.  Each listing must accurately and completely describe the item/items for sale in that listing.  If the "in stock" quantity is more than one, all items in that listing must be identical.  Each unique item must have its own listing. 

 

Shop Policies: All sellers are urged to outline shop policies for their ThinkLocalMarket.com shop.  These policies may include, for example, shipping, returns, payment and selling policies.  Sellers must create reasonable policies in good faith and must abide by such policies.  All shop policies must comply with ThinkLocalMarket.com's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. ThinkLocalMarket.com reserves the right to request that a seller modify a shop policy. 

 

Binding Sale: All sales are binding.  The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity.  The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. 

 

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale.  Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items.  Sellers may not charge excessive shipping fees or otherwise avoid fees. 

 

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to ThinkLocalMarket.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on ThinkLocalMarket.com. 

 

Restricted Activities: Your Content and your use of ThinkLocalMarket.com shall not:

  1. Be false, inaccurate or misleading.
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
  4. Violate any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, discrimination or false advertising).
  5. Contain items that have been as hazardous to consumers and therefore subject to a recall.
  6. Be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including ThinkLocalMarket.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
  7. Be obscene or contain pornography.
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  9. Host images not part of a listing.
  10. Modify, adapt or hack ThinkLocalMarket.com or modify another website so as to falsely imply that it is associated with ThinkLocalMarket.com.
  11. Appear to create liability for ThinkLocalMarket.com or cause ThinkLocalMarket.com to lose (in whole or in part) the services of ThinkLocalMarket.com's ISPs or other suppliers.
  12.  

Furthermore, you may not list any item on ThinkLocalMarket.com (or consummate any transaction that was initiated using ThinkLocalMarket.com's service) that, by paying the final value fee, could cause ThinkLocalMarket.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use. 

 

6. Content

License: ThinkLocalMarket.com does not claim ownership rights in your Content.  You grant ThinkLocalMarket.com a license solely to enableThinkLocalMarket.com to use any information or Content you supply ThinkLocalMarket.com with, so that ThinkLocalMarket.com is not violating any rights you might have in that Content.  You grant ThinkLocalMarket.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content.  You agree to allow ThinkLocalMarket.com to store or re-format your Content on ThinkLocalMarket.com and display your Content on ThinkLocalMarket.com in any way as ThinkLocalMarket.comchooses. 

 

As part of a transaction, you may obtain personal information, including email address and shipping information, from anotherThinkLocalMarket.com user.  Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for ThinkLocalMarket.com-related communications.  ThinkLocalMarket.com has not granted you a license to use the information for unsolicited commercial messages.  Without limiting the foregoing, without express consent from the user, you are not licensed to add anyThinkLocalMarket.com user to your email or physical mail list.  You agree to comply at all times with applicable laws governing the collection, use and dissemination of personal information. 

 

Idea Submissions: ThinkLocalMarket.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and ThinkLocalMarket.com shall not be liable for the disclosure or use of such Material.  If, at ThinkLocalMarket.com's request, any member sends Material to improve the site (for example through customer support),ThinkLocalMarket.com will also consider that Material to be non-confidential and non-proprietary and ThinkLocalMarket.com will not be liable for use or disclosure of the Material.  Any communication by you to ThinkLocalMarket.com is subject to this Agreement.  You hereby grant and agree to grant ThinkLocalMarket.com, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Site software, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

 

7. Information Control

ThinkLocalMarket.com does not monitor nor control the Content provided by users and appears on ThinkLocalMarket.com.  You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. 

 

By using ThinkLocalMarket.com, you agree to accept such risks and that ThinkLocalMarket.com (and ThinkLocalMarket.com's member municipalities, officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any or all acts or omissions of users on ThinkLocalMarket.com. You are required to use caution, common sense, and to practice safe buying and selling when usingThinkLocalMarket.com. 

 

Other Resources: ThinkLocalMarket.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site.

 

ThinkLocalMarket.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ThinkLocalMarket.com 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources. 

 

8. Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals.  Users are solely responsible for interactions with others.  Users must comply with ThinkLocalMarket.com's policies and acknowledge and agree to comply with the laws of the municipality, province and country in which the Meeting occurs.  Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person.

 

ThinkLocalMarket.com is not involved with user generated groups, the groups' requirements, or the Meetings. 

 

ThinkLocalMarket.com does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies.  Users are solely responsible for interactions with others. Users understand thatThinkLocalMarket.com does not in any way screen its users.  All users agree to exercise caution and good judgement in all interactions with others, particularly if meeting offline or in person. 

 

9. Resolution of Disputes and Release

In the event a dispute arises between you and ThinkLocalMarket.com, please contact ThinkLocalMarket.com.  Your use of the Site is governed by the laws of the Province of Alberta and the laws of Canada.

 

Any dispute arising from or relating to the subject matter of this Agreement shall be exclusively raised and finally settled in the courts of Alberta, Canada, and you agree to adhere to the jurisdiction of those courts.  Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

 

Should you have a dispute with one or more users, or an outside party, you release ThinkLocalMarket.com (and ThinkLocalMarket.com's member municipalities, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. ThinkLocalMarket.com encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. 

 

ThinkLocalMarket.com, for the benefit of users, may try to help users resolve disputes. ThinkLocalMarket.com does so in ThinkLocalMarket.com's sole discretion, and ThinkLocalMarket.com has no obligation to resolve disputes between users or between users and outside parties.  To the extent that ThinkLocalMarket.com attempts to resolve a dispute, ThinkLocalMarket.com will do so in good faith based solely on ThinkLocalMarket.com's policies.  ThinkLocalMarket.com will not make judgments regarding legal issues or claims, and will not be liable for any claims resulting from such efforts.

 

10. ThinkLocalMarket.com's Intellectual Property

THINKLOCALMARKET.COM, and other ThinkLocalMarket.com graphics, logos, designs, page headers, button icons, scripts, and service names remain the property of ThinkLocalMarket.com. 

 

11. Access and Interference

ThinkLocalMarket.com may contain robot exclusion headers which contain internal rules for software usage.  You agree that you will not use any robot, spider, scraper or other automated means to access ThinkLocalMarket.com for any purpose whatsoever, except to the extent expressly permitted by ThinkLocalMarket.com through a prior express written permission.  Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in ThinkLocalMarket.com's sole discretion, an unreasonable or disproportionately large load on ThinkLocalMarket.com's infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses from the Site except to the extent expressly permitted by and in compliance with ThinkLocalMarket.com terms of use or otherwise without the prior express written permission of ThinkLocalMarket.com and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass ThinkLocalMarket.com's robot exclusion headers or other measures ThinkLocalMarket.com may use to prevent or restrict access to ThinkLocalMarket.com

 

12. Breach

Without limiting any other remedies, ThinkLocalMarket.com may, without notice, delay or immediately remove Content, warn ThinkLocalMarket.com's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: 

 

ThinkLocalMarket.com suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached these Terms of Use or other policy documents and community guidelines incorporated herein; ThinkLocalMarket.com is unable to verify or authenticate any of your personal information or Content; or ThinkLocalMarket.com believes that a user is acting inconsistently with the letter or spirit of ThinkLocalMarket.com's policies, has engaged in improper or fraudulent activity in connection with ThinkLocalMarket.com or the actions may cause legal liability or financial loss to ThinkLocalMarket.com's users or to ThinkLocalMarket.com.

 

13. Privacy

ThinkLocalMarket.com will not sell or disclose your personal information to third parties without your explicit consent.  ThinkLocalMarket.com stores and processes Content on computers located in North America that are protected by physical as well as technological security. 

 

14. No Warranty

THINKLOCALMARKET.COM, THINKLOCALMARKET.COM'S MEMBER MUNICIPALITIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND THINKLOCALMARKET.COM'S SUPPLIERS PROVIDE THINKLOCALMARKET.COM'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. 

 

THINKLOCALMARKET.COM, THINKLOCALMARKET.COM'S MEMBER MUNICIPALITIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND THINKLOCALMARKET.COM'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THINKLOCALMARKET.COM SHALL CREATE ANY WARRANTY. 

 

15. Liability Limit

IN NO EVENT SHALL THINKLOCALMARKET.COM, AND (AS APPLICABLE) THINKLOCALMARKET.COM'S MEMBER MUNICIPALITIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR THINKLOCALMARKET.COM'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THINKLOCALMARKET.COM'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 

 

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD THINKLOCALMARKET.COM AND (AS APPLICABLE) THINKLOCALMARKET.COM'S MEMBER MUNICIPALTIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LAWYERS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. 

 

17. No Guarantee

ThinkLocalMarket.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside ThinkLocalMarket.com's control. 

 

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any ThinkLocalMarket.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items.  In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site. 

 

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of this Agreement shall remain in full force and effect. 

 

20. No Agency

You and ThinkLocalMarket.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 

 

21. ThinkLocalMarket.com Service

ThinkLocalMarket.com reserves the right to modify or terminate the ThinkLocalMarket.com service for any reason, without notice, at any time. ThinkLocalMarket.com reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If ThinkLocalMarket.com makes a material change ThinkLocalMarket.com will notify you here, by email, by means of a notice on our home page, or other places ThinkLocalMarket.com deems appropriate.  What constitutes a "material change" will be determined at ThinkLocalMarket.com's sole discretion, in good faith, and using common sense and reasonable judgment.

 

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of Alberta.

 

23. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (ThinkLocalMarket.com's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement. 

 

24. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to ThinkLocalMarket.com; 10128 95 AVE Grande Prairie, Alberta

 

T8V 0L4  or, in your case, to the email address you provide to ThinkLocalMarket.com (either during the registration process or when your email address changes).  Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, ThinkLocalMarket.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ThinkLocalMarket.com.  In such case, notice shall be deemed given three days after the date of mailing. 

 

25. Disclosures

The services hereunder are offered by ThinkLocalMarket.com, owned and operated by PREDA 10128 95 AVE, Grande Prairie, Alberta, T8V 0L4