PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this Website, (the "Website"). The Website is hosted by the City of Kirkland (“City”). Shop Local provides an opportunity for users to discover local businesses through this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
The City reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. The City encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.
If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
I. UNDERSTANDING THE CITY’S ROLE.This Website provides a venue for buyers to discover and purchase from local businesses. It is important to note that the City of Kirkland is not a part of that transaction. By using this Website you understand that:
1. You are not buying directly from the City.
2. The City does not pre-screen sellers and therefore does not guarantee or endorse products or services obtained through the website any items sold on the Website or any content posted by sellers (such as photographs or language used in listings or shop policies).
This Website provides a portal for consumers to connect with local businesses. You hereby acknowledge that the City does not sell products or services through this Website, nor does the City provide any warrantees, promises, or representations regarding any products or services sold by the businesses on this Website, including completeness, accuracy, availability, timeliness, propriety, security or reliability of businesses.
Content; Intellectual Property; Third Party Links. In addition to making businesses known to consumers, this Website also offers information and marketing materials. This Website may also provide information, both directly and through indirect links to third-party websites. The City does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that the City does create the content on this Website, such content is protected by intellectual property laws. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites or businesses are provided solely as a convenience to you. The City does not endorse the contents on any such third-party websites. The City is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Availability of the websites. There may be interruptions in service that are beyond our control. While we use reasonable efforts to keep the Website accessible, it may be unavailable from time to time, for any reason, including but not limited to routine maintenance. You understand and acknowledge that access and/or use of the Website, or any third-party website linked herein, may be interrupted, suspended, or terminated.
Disclaimer. The City does not warranty the accuracy, reliability, or timeliness of the information published on its Website and shall not be held liable for any losses caused by the reliance on such. Any person or entity that relies on any information obtained from this site does so at their own risk.
The content/information on the Website related to businesses are supplied by the businesses, which sole responsibility for the accuracy and completeness of their content/information. You acknowledge, understand, and agree that you have the obligation to, and must, personally evaluate and bear all risks associated with the use of any content/information on the Website, including any reliance on the accuracy, completeness, or usefulness of that content/information.
Use of Website. The City is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property); (2) not interfere with or disrupt the use and enjoyment of the Website by other users; (3) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication; and (4) not defame, harass, abuse, or disrupt other users of the Website.
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the City or the applicable third party (if third party content is at issue).
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE CITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE BUSINESSES, SERVICES, PRODUCTS, WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS OR SERVICES PROVIDED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CITY MAKES NO WARRANTY (1) THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY; OR (2) THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
IV. LIMITATION OF LIABILITY
THE CITY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, THIRD-PARTY CONTENT OR THE PRODUCTS SOLD BY THIRD-PARTIES PROVIDED IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
You will release, indemnify, defend and hold harmless the City and any of its contractors, agents, employees, officers, directors, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the services or products purchased through third-parties or your use of same; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to you. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VII. AGREEMENT TO BE BOUND
By using this Website, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Cessation of Operation. The City may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.
Entire Agreement. This Agreement comprises the entire agreement between you and the City and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of the City to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Agreement will be governed by the laws of the state of Washington without regard to its conflict of law principles to the contrary. No party to this agreement will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the state of Washington, in King County. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. The City reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website.
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT