Terms & Conditions

(Updated: 05/01/2013)

General / Overview

The following Terms & Conditions shall apply to the relationship between LittleGuyLocal, all subsidiaries of LittleGuyLocal, and www.LittleGuyLocal.com (“LittleGuyLocal”), and the end user (“You” or “Your”). By using LittleGuyLocal’ services, You accept these Terms & Conditions, as well as the manner in which LittleGuyLocal operates. These Terms & Conditions constitute the entire agreement between LittleGuyLocal and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and LittleGuyLocal with respect of Your use of LittleGuyLocal.

If you have any questions, concerns, or comments about our Terms & Conditions, please email us at support@LittleGuyLocal.com.

Acceptance of Terms & Conditions

If You do not agree to the Terms & Conditions, do not use LittleGuyLocal. If You access, use, or download in any way any service from LittleGuyLocal, You agree to and are bound by these Terms & Conditions and also acknowledge that (a) You have had the opportunity to review the use of LittleGuyLocal as outlined in “About”, (b) You have either reviewed the website or have chosen not to do so, and (c) You have had the opportunity to ask questions regarding the use of LittleGuyLocal by telephone or email and to have those questions answered.

Changes to Terms & Conditions

LittleGuyLocal may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that LittleGuyLocal may provide You notice of such changes in any of the following ways: via an email from LittleGuyLocal and/or via LittleGuyLocal’s facebook. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using LittleGuyLocal’ services. By continuing to access, use, or download in any way any service from LittleGuyLocal following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.

Eligibility

By accepting the Terms & Conditions and/or registering with LittleGuyLocal, You confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a “Jurisdiction”) of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using LittleGuyLocal, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

You must reside in one of the 50 states of the United States, Washington D.C. or Puerto Rico

LittleGuyLocal employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as LittleGuyLocal employees may not under any circumstances participate in LittleGuyLocal auctions.

LittleGuyLocal prizes are offered exclusively for use by private users and not to commercial or semi-commercial retailers.

LittleGuyLocal reserves the right to limit in its sole discretion the number of user accounts per household and the number of won auctions per user account.

Registering

You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You must not provide misleading information when registering. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other LittleGuyLocal users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

If LittleGuyLocal receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in LittleGuyLocal’ sole discretion, Your user account may be frozen until You change the username. LittleGuyLocal also may permanently close Your account without prior notice to You for violating these Terms & Conditions.

You are responsible for keeping Your user account password confidential. LittleGuyLocal will never ask for Your password except during login. You should never provide Your password to anyone, including LittleGuyLocal’ employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.

Account Termination

LittleGuyLocal reserves the right to temporarily or permanently terminate Your account at LittleGuyLocal sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. You agree that if LittleGuyLocal, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, LittleGuyLocal may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for points.

Point Purchases

Points are purchased in advance in minimum quantities of six (6). LittleGuyLocal reserves the right to raise the minimum quantity at different times.

Once a play is made in an auction, a point is deducted from the user’s point account and can no longer be refunded, irrespective of whether or not the player wins.

The winner is the player who inputs a number closest to the secret lucky number for an auction.  Secret lucky numbers are chosen randomly and cannot be changed, altered or revealed by LittleGuyLocal employees.

Points are a limited license to participate in LittleGuyLocal auctions and have no monetary value. You may not obtain any money in exchange for Points.

If You ever believe that Your account does not reflect Points that You have acquired validly, You must notify us within six months of the date You claim to have acquired the Points.

LittleGuyLocal may, in its sole discretion, offer auctions that allow users to choose the product they want after they win an auction.

By participating in LittleGuyLocal auctions for goods or services, you recognize that LittleGuyLocal takes no responsibility for the actual good or service being given by the item.  LittleGuyLocal’s sole responsibility is to provide funds which may be applied toward that good or service.  The actual good or service is the sole responsibility of the good’s or service’s provider or other entity outlined by that good or service.  LittleGuyLocal prizes may not be exchanged for cash.

LittleGuyLocal reserves the right to, from time to time, in its sole discretion, change the price of points.

Odds of Winning

Every auction is unique and the results of all auctions offered on LittleGuyLocal depend on the number of users participating in such auctions; precise odds of winning are therefore unavailable.

Acceptance of the Win

Auctions end after the point clock reaches zero (0), or, after a period of time to be determined at the discretion of LittleGuyLocal.  Should an auction end before the point clock reaches zero (0), then LittleGuyLocal reserves the right to offer the current winner either a value that is less than the value listed in the original auction or to credit a given number of points to the winner’s account.

After an auction has ended, if You are the winner then You must actively confirm Your mailing address.  LittleGuyLocal allows up to two weeks for You to confirm Your mailing address before mailing out prizes.  It is not the responsibility of LittleGuyLocal to retrieve prizes sent to wrong addresses nor will prizes be reisued if this is the case.  Prizes expire one (1) year from the date issued.

Special Promotions & KICKBACKS

Any special promotions or kickbacks run by LittleGuyLocal shall only be valid if they are announced on LittleGuyLocal. Certain promotions may only be valid for a limited time.  The terms of a “Kickback” are the sole responsibility of the relevant merchant.  Details given in an auction may be incomplete. It is Your responsibility to contact the given merchant with questions or concerns regarding Kickbacks.

Reviews and Comments

You may post reviews and/or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content You post. LittleGuyLocal reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. LittleGuyLocal also reserves the right to prohibit You from posting additional comments.

If You do post content, and unless we indicate otherwise, You grant LittleGuyLocal a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LittleGuyLocal and its affiliates the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify LittleGuyLocal for all claims resulting from content You supply. LittleGuyLocal has the right but not the obligation to monitor and edit or remove any activity or content. LittleGuyLocal takes no responsibility and assumes no liability for any content posted by a user.

Returns / Cancellations

LittleGuyLocal does not allows winners the right to cancel or return an item.  Should the good or service the item is to be applied toward prove to be unreachable or otherwise not open to business, then the full amount of the prize may be transferred to a similar good or service offered by a similar business.

Some exceptions may apply. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests, or other such behavior, You are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund.

Should LittleGuyLocal not be able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by LittleGuyLocal in its sole discretion.

Delivery

Deliveries are made exclusively to the 50 states of the United States, Washington D.C. and Puerto Rico. Unless otherwise stated, delivery will be made directly from our offices to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. LittleGuyLocal shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer.

Disclaimer of Warranty and Liability Regarding Use of LittleGuyLocal

You agree that use of LittleGuyLocal is at Your sole risk. Neither LittleGuyLocal nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by LittleGuyLocal, or the like, warrant that websites affiliated with LittleGuyLocal, including, but not limited to, LittleGuyLocal, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on LittleGuyLocal may contain inaccuracies or typographical errors. LittleGuyLocal makes no warranty as to the results that may be obtained from the use of LittleGuyLocal or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through LittleGuyLocal. LittleGuyLocal shall not be responsible for any opinions, views, advice, or statements posted on LittleGuyLocal (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized LittleGuyLocal spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized LittleGuyLocal spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF LITTLEGUYLOCAL IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY LITTLEGUYLOCAL LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LITTLEGUYLOCAL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LITTLEGUYLOCAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF LITTLEGUYLOCAL, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF LITTLEGUYLOCAL, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, LITTLEGUYLOCAL DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LITTLEGUYLOCAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM LITTLEGUYLOCAL OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT LITTLEGUYLOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH LITTLEGUYLOCAL.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON LITTLEGUYLOCAL SERVICES OR ITEMS PURCHASED THROUGH LITTLEGUYLOCAL, FROM INABILITY TO USE LITTLEGUYLOCAL’ SERVICES OR ITEMS PURCHASED THROUGH LITTLEGUYLOCAL, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF LITTLEGUYLOCAL’ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If You are dissatisfied with any portion of LittleGuyLocal, You should discontinue Your use of LittleGuyLocal.

Disclaimer of Warranty and Liability Regarding Purchases from LittleGuyLocal

LittleGuyLocal hereby disclaims any and all liability from claims arising from trip packages offered on the LittleGuyLocal site. LittleGuyLocal will not be liable for any damages or injuries, whether physical or emotional, that occur or are received during a trip purchased on the LittleGuyLocal site. LittleGuyLocal is not liable for flight delays, loss of baggage, or other losses that occur during a trip offered on the LittleGuyLocal site.

LittleGuyLocal hereby disclaims any and all liability from claims arising from any good received or service performed by the actual business advertised on the LittleGuyLocal site.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, LITTLEGUYLOCAL MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY LITTLEGUYLOCAL OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT LITTLEGUYLOCAL SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY LITTLEGUYLOCAL. IN NO EVENT SHALL LITTLEGUYLOCAL BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

Indemnity

You agree to indemnify, defend, and hold LittleGuyLocal and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of LittleGuyLocal or any of the services offered by LittleGuyLocal, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.

System Outage / Temporarily Paused Auctions

A system outage has occurred if no entries can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the point clock for the auctions and the current winner will be recorded. After the disruption has been resolved, the auctions will be continued. Temporarily paused auctions are clearly indicated. Plays made on a temporarily paused auctions will be credited back to Your account; however, LittleGuyLocal is not responsible for any other costs incurred by You due to a system outage. LittleGuyLocal reserves the right to cancel auctions that end due to system error, employee players, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. LittleGuyLocal, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. LittleGuyLocal shall not be liable for any damage incurred by auction users or third parties from using LittleGuyLocal’ services. In particular, LittleGuyLocal shall not be liable for damage that occurs due to entries not being received by LittleGuyLocal, not being received promptly, or not being considered as a consequence of technical errors.

Trademarks

LittleGuyLocal’s logos are trademarks of LittleGuyLocal. All rights reserved. Any trademarks appearing on LittleGuyLocal are the property of their respective owners.

Service and Support for Products Purchased

All requests for technical service and support on products or services purchased on LittleGuyLocal should be made directly to the manufacturer or service provider in accordance with their Terms & Conditions.

Dispute Resolution

By agreeing to these Terms & Conditions, You and LittleGuyLocal each waive the right to a jury trial or to participate in a class action.

You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the LittleGuyLocal website or arising under these Terms & Conditions (each a “Dispute” and collectively, “Disputes”) shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with LittleGuyLocal regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the “Notice of Dispute”) to LittleGuyLocal in a manner specified in the “Notices” section below. If LittleGuyLocal and You do not reach an agreement regarding a Dispute within 30 days following LittleGuyLocal receipt of the Notice of Dispute, LittleGuyLocal and You agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary. For Disputes involving less than $10,000, if You are unable to pay the arbitration filing fee, LittleGuyLocal will pay the fee for You. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.

Applicable Law / Severability Clause

This Terms & Conditions Agreement and Your use of LittleGuyLocal shall be governed by the laws of the United States of America and the State of Oklahoma. Without in any way limiting the “Dispute Resolution” requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Oklahoma. You agree to accept the jurisdiction of such courts.

LittleGuyLocal will follow all applicable laws for the sale of points in the countries in which it operates.

VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by LittleGuyLocal while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that LittleGuyLocal cannot be held liable if laws applicable to You restrict or prohibit Your participation.

The UN Convention on the International Sale of Goods shall not apply.

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.

Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information

The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Waiver

Any waiver of any provision by LittleGuyLocal of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by LittleGuyLocal.

Note:

Playing online at www.LittleGuyLocal.com frequently or repeatedly can result in high costs to the user. All users should monitor their playing practices and check their charges regularly.

Notices

Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to LittleGuyLocal by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to LittleGuyLocal, 2447 Apple St #102, Boise, ID 83706, or by email to support@LittleGuyLocal.com.