Terms Of Service
ReferLocal Terms of Service
ReferLocal is a digital advertising platform connecting local businesses and consumers through the Web site referlocal.com and through various digital and traditional media partners. By becoming a member on ReferLocal you (the “Member”) will have exclusive access to deals and offers from all types of businesses (the “Advertiser”) in your location. Members earn non-monetary incentives (ReferLocal Points) redeemable for prizes and vouchers for referring new members, sharing deals on social media sites like Facebook and Twitter, and for answering fun questions about your likes and dislikes. This summary of our services is not meant to be exhaustive and will change from time to time.
Conditional Use of ReferLocal Services and Web site
Use of ReferLocal is contingent upon your agreement to the below conditions.
As a Member of ReferLocal.com you agree:
- To adhere to any and all rules and conditions set out by each ReferLocal advertiser
- Are at least 18 years old
- Not to reproduce any part of this site without prior written approval from ReferLocal; Violators will be prosecuted under applicable laws
- To follow all applicable laws in your place of residence
- To adhere to any and all rules, conditions, and limits outlined by the ReferLocal Member Terms of Service
- That advertiser information is deemed confidential and may not be shared for any commercial purpose, including for your own personal monetary gain; Members found poaching advertisers from ReferLocal by signing up as a member for the purpose of extracting confidential advertiser information will immediately be terminated as a member and will be prosecuted by applicable laws
- Not to use ReferLocal for your own commercial gain without agreement from ReferLocal
- That you and only you are solely responsible for your username and the activity that occurs while signed in to or while using ReferLocal using your username;
- To share information within the ReferLocal community that you are authorized to share; Sharing false information or unauthorized content will result in immediate termination and you may be prosecuted by applicable laws; ReferLocal reserves the right to promote unique content shared by you for the purpose of explaining or promoting the ReferLocal system in whatever capacity or medium we choose, including Web based communication, mobile communication, face-to-face communication or any other type of communication currently or conceived at a future time and place
- That any and all content submitted by you but deemed inappropriate by ReferLocal can be removed at our full discretion – this includes any content we are made aware is inappropriate, unlawful, or otherwise inconsistent with the ReferLocal Member Terms of Service as outlined here and referred to from time to time in various mediums and in the interest of ReferLocal advertisers and members
Membership is required to redeem offers, deals, and to purchase vouchers. You will be prompted to sign-up for a free membership account upon entering the ReferLocal.com Web site for the first time. Upon providing your name and e-mail you will be granted temporary access to the ReferLocal Web site. As part of the Member sign-up process you will receive a confirmation e-mail upon sharing your e-mail information with us that will instruct you on next steps to set-up and complete your Member account. Confirmation of your e-mail is a condition of your formal confirmation as a Member of ReferLocal.com.
Your Member account includes confidential and private information about you and will only be used for purposes of identifying you as a Member of ReferLocal. Providing accurate information about yourself is a condition of your Membership; should information about yourself, including name, address, phone number, or any other Member information change you are expected to update your Member profile. Inaccurate Member information may result in temporary or permanent termination as a Member on ReferLocal.
Your member account is associated with your e-mail and a password. It is your responsibility to keep your username and password confidential; granting others access you’re your username and / or password is at your own risk – anyone authorized by you to access your account must adhere to the same Member Terms of Service outlined here and referenced at various points and through various mediums of the ReferLocal system. It is highly recommended that you keep your user information confidential at all times and assume a similarly high standard of care that you would for other private, confidential, secure user accounts.
Disclosure of Information
As a Member of ReferLocal you may be given the opportunity to create or share content. By virtue of sharing information within the ReferLocal Community Forum you agree that the information you share may be public; this disclosure rule does not apply to your confidential account information and only applies to information your share on ReferLocal community message boards or as part of a review of a ReferLocal advertiser or Member.
Use of 3rd Party Social Network Tools
As a Member of ReferLocal you are provided numerous social sharing tools that allow you to easily share exclusive deals and offers from ReferLocal. Use of such tools on ReferLocal, including Facebook, Twitter, and any other social network or communication mechanism does not supersede rules provided and outlined by the individual and unique terms and conditions of each tool; therefore, by using tools on ReferLocal you are also agreeing to adhere to the rules and conditions of those tools as agreed upon when signing up for the tool. Misuse of any tool on ReferLocal may result in immediate termination. Security and Privacy
As part of the process of purchasing a Deal of the Day voucher you may be required to provide credit card information. As a Member of ReferLocal any and all confidential information, including credit card information will be maintained with appropriate privacy and security protections. You agree that information provided to ReferLocal in connection with the purchase of a Deal of the Day, other than your credit card information, may be disclosed by ReferLocal to the advertiser for purposes of provisioning the offer. Advertisers may use your e-mail or phone number to follow-up with you for purposes of offer redemption or to provide additional information on the advertiser’s product or service.
Any communications between you and ReferLocal, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our platform or service will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever. Should you have any questions regarding this provision please do not share such information.
Member Behavior and Conduct
It is our goal to make the use of the ReferLocal Web site and Services a good experience for all Members, so you agree not to do any of the following:
Any Member behavior that is deemed in violation of the Members Terms of Service may result in immediate and irreversible termination from ReferLocal. Illegal and / or inappropriate activity will not be tolerated and will be immediately handed over to appropriate authorities.
Generation, Use, and Redemption of “RL Points”
Members are eligible to earn RL Points. RL Points are given as an incentive and are meant to be a non-monetary currency used on the ReferLocal system. Members earn points for various activity through ReferLocal, including social sharing, signing-up new members, and for various other activities, including sharing likes and dislikes, as well as interacting within the ReferLocal community.
RL Points are exclusive to ReferLocal and may only be used for redemption purposes on the ReferLocal system. RL points have no monetary equivalent and may only be used for purposes of redemption of prizes and vouchers through the ReferLocal system. Any Member in violation of any provision of the Member Terms of Service are not eligible for RL Point redemption and risk full forfeiture of all earned RL Points.
3rd Party Web sites, Non-Owned Content, and Member Generated Content
The ReferLocal system may link to other 3rd party Web sites and utilize content from 3rd party Web sites for purposes of providing Members with access to tools or to explain a specific product, service, offer, or deal – use of such information or reference thereto is not meant to endorse the 3rd party and does not supersede the terms and conditions of using such tools or content of the 3rd party. You and only you are responsible for reviewing and agreeing the terms and conditions of any 3rd party tool before using it.
ReferLocal offers certain tools and is likely to offer additional tools in the future that allow Members to create and share content on ReferLocal and various partner content Web sites. While it is our intent to adhere to strict rules regarding appropriate, tasteful, and relevant content sharing we cannot be held to a standard beyond what is reasonable. We will take action against Members sharing inappropriate content as soon as we locate it or are made aware and validate its inappropriate use; however, we realize that from time to time Members may generate and share content on ReferLocal and partner sites that is deemed inappropriate – we will do our best to enforce our policies and minimize such activity from disturbing the ReferLocal community and your personal experience as a Member.
Daily Deals / Deals of the Day / Group Buying
ReferLocal provides consumers with opportunities to purchase products and services from third party advertisers ("Advertisers") with a time limited promotional added value (a “Daily Deal,” "Deal of the Day," or “Group Buying” herein referred to as “Deal of the Day”). Advertisers agree to offer deeply discounted deals in order to access the ReferLocal local digital advertising platform (digital distribution) and Membership, as well as because of the support provided by various traditional media partners (traditional media distribution).
The “Deal of the Day” requires you to purchase a voucher that represents a discounted cost of the monetary value of the voucher. For instance, ReferLocal may offer a $50 voucher for $25. The purchase process requires you to use a valid credit card to make the purchase. Each voucher offer is unique from other voucher offers and may have distinct and specific terms and conditions that limit the use of the voucher – it is your responsibility to carefully review the terms and conditions (also referred to on the site as “Fine Print”) of each voucher offer. Paying for an offer constitutes your acknowledgment of the terms and conditions of the offer and becomes a contract between you and the Advertiser as to the proper use of the voucher. Careful attention should be paid to expiration dates, limited use during certain times of the week, month, or year, and any other fine details regarding the offer.
Upon agreeing to purchase a Deal of the Day voucher and submitting your credit card information you are also agreeing to be a Member of ReferLocal. Should there be any confusion as to your membership status you are deemed a member either by submitting and confirming your e-mail or by submitting your credit card information to purchase an offer. ReferLocal reserves the right to only cancel vouchers and refund payments associated with vouchers if either (1) the advertiser does not fulfill the offer or (2) the offer was purchased through the unauthorized use of a credit card.
Once you submit your credit card information as part of the voucher purchase process and confirmation of your credit card information you will have the ability to automatically print out your voucher. In addition, your purchased voucher will become part of your “My Vouchers” section of your Membership account and can be printed out at a later date until the offer is redeemed. Once the voucher is redeemed you will not be able to print the voucher again, although you will be able to retrieve a history of all your purchased vouchers at any time. Any unauthorized use of a Deal of the Day Voucher is a violation of this agreement and is grounds for immediate termination from ReferLocal. Reproduction of a voucher for the purposes of defrauding an advertiser or ReferLocal is forbidden.
Deal of the Day
Deal-of-the-Day offers are typically 24 hours in length (see “Time Element” below) and require a voucher purchase. Deal-of-the-Day offers include feature placements on ReferLocal.com, digital partners, and participating traditional media properties, including print, radio, and television. Most Deal-of-the-Day vouchers include deep discounts of 50-90% off.
Group Buying offers are very similar to Deal of the Day offers in that vouchers are involved and the voucher must be purchased upfront. Group Buying offers typically have longer durations than 24-hours (see “Time Element” below) and may include discounts as low as 25% off.
All Deal of the Day and Group Buying offers include a “tip” number, which is defined as the number of vouchers required for an offer to tip or become active for all Members who have purchased the voucher and for all Members thereafter who purchase the offer. Tipping limits may be different for each Advertiser voucher. Offers that do not tip do not become active and those Members who have purchased vouchers of a non-tipped offer will receive a full refund and / or the Member’s credit card will not be charged.
All Deal of the Day and Group Buying offers have specific time elements – typically 24 hours or less for a Deal of the Day and one week or more for a Group Buying Offer. Once the time element expires the offer as stated is not longer eligible for purchase. There are no grace periods and all time requirements are adhered to strictly. See Advertiser Fine Print for time restrictions on the use of any voucher once purchased.
Quantity Limit / Voucher Cap
Some Deal of the Day and / or Group Buying offers may include a limited number of available vouchers or voucher cap. As such, any offer with a quantity limit will be deemed complete without regard to time once a cap is reached. In the event that more vouchers are sold than available ReferLocal reserves the right to cancel and refund those purchases that are made after a cap is reached.
General Voucher Terms and Conditions
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
Special Indemnification based on Deal of the Day Voucher
ReferLocal markets Deal of the Day vouchers and acts as an agent in selling the vouchers on behalf of its advertisers. However, it is made clear here as part of this Member Terms of Service that the Advertiser is the issuer of the voucher and as issuer, the Advertiser, not ReferLocal 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 Advertiser or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed vouchers. By purchasing a Deal of the Day, a ReferLocal Member acquires the right to print a voucher issued by the participating Advertiser and to use the voucher according to its terms and the terms of this Member Terms of Service Agreement.
First-time refund request; Unconditional Money-Back Guarantee
ReferLocal is dedicated to your complete satisfaction. As a Member in good standing you are entitled to a full unconditional refund, no questions asked on your first refund request assuming the voucher has not been redeemed, the voucher has not expired, and the advertiser has not been paid. If an offer has already been redeemed, no refund will be issued. If your voucher was for an event the transaction will only be refunded if the request is made 72-hours before the day of the event. To be clear, if you redeem your voucher but did not like the food, beverage, product, service, or experience associated with redemption of the voucher a refund will not be granted, although we will take your feedback into careful consideration when posting additional vouchers for said Advertiser.
Refunds after first time request; Conditional Money-Back Guarantee
ReferLocal is dedicated to your complete satisfaction. After your first-time, unconditional money-back guarantee refund request is exhausted (see above), and as a Member in good standing you can request a refund up to 72-hours after purchase for any reason or no reason at all – a refund will be issued assuming the voucher has not been redeemed. If an offer has already been redeemed, no refund will be issued. To be clear, if you redeem your voucher but did not like the food, beverage, product, service, or experience associated with redemption of the voucher a refund will not be granted, although we will take your feedback into careful consideration when posting additional vouchers for said Advertiser.
Offer Types other than Deal of the Day and Group Buying
ReferLocal provides advertisers with the ability to generate business leads through various offer types, including Deal of the Day, Daily Deals, Group Buying, Pay-Per-Call, and Online Leads. The terms and conditions of this agreement applied to all offer types.
ReferLocal Pay-Per-Call and Online Lead acquisition technologies are proprietary systems and provide Members with a breadth of offers from all types of local and professional service businesses, including restaurants, spas, law firms, contractors, HVAC professionals, pool installation and service companies, cleaning professionals, hot air balloon experiences, wealth managers, belly dancers, sky diving instructors, karaoke DJ’s, wedding planners, photographers, dentists, chiropractors, clowns, ticketing venues, casinos, dog kennels and trainers, karate instructors, yoga instructors, ballet pros, ski slopes, water parks, and 24,342 other local and professional service companies.
As a Member you agree not to fraud Advertisers in any way regardless of “offer type” and that you will only submit your information to Advertisers that you are interested in learning more about. To be clear, submitting offers to earn “RL Points” (see above) without interest in learning more about a particular advertiser offer is a violation of the Member Terms of Service and is grounds for termination.
Phone numbers assigned to Advertisers as part of the ReferLocal Pay-Per-Call service may only be used by Members for purposes of contacting an Advertiser to learn more about the offer presented and not for personal purposes. Violation of this rule is a breach of the Member Terms of Service and may result in termination.
Any points earned from completing forms, offers, or calling any particular Advertiser are subject to the Member Terms of Service outlined here and referenced through reasonable best practices of any similar lead acquisition or advertising platform.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.
As a member as part of this agreement you agree to defend, indemnify and hold harmless ReferLocal, LLC and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (1) your use of and access to ReferLocal.com or any ReferLocal mobile or web-based application; (2) your violation of any term of these Terms of Service; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of ReferLocal.com or any ReferLocal mobile or web-based application existing or in the future.
Intellectual Rights and Responsibilities
You agree that notwithstanding the rights of 3rd parties and recognized partners, the content, interface, tools, technology, and system referred to above and herein as “ReferLocal” is the intellectual property of ReferLocal, LLC and may not be used for any purpose other than the specified purposes. No part of this system is expressed as public domain and access to this system constitutes an agreement to hold confidential those aspects of the system deemed as such, including, but not limited to business process.
ReferLocal maintains all applicable copyrights, trademarks, intellectual, and other proprietary rights associated with the ReferLocal Web site and system. “ReferLocal” is our trademark. Any other product, service, or company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. ReferLocal reserves all rights that are not expressly granted to you in this Member Terms of Service Agreement.
Content provided by ReferLocal, its partners, and Members is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ReferLocal reserves all rights not expressly granted within this agreement.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in content that you post to the ReferLocal. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the content in any manner we choose. If you have any rights to the content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners, with respect to such rights as expressed in this agreement.