Terms and Conditions

TERMS OF USE

The following terms and conditions govern your use of localfirstaz.com, shop.localfirstaz.com, goodfoodfinderaz.com, sazgba.com, devourphoenix.com, and azrdc.org (the “Sites”), as well as all services related to these Sitess. The operator of these websites is Local First Arizona. (the “Company,” “LFA,” “us,” “our,” or “we”). By using these Sitess, you agree to be bound by these Terms of Use (the “Agreement”). If you do not agree to these Terms of Use, please do not use these Sites.

If you have any questions regarding the meaning or application of this Agreement, please direct your questions to:

Local First Arizona 407 E Roosevelt St, Phoenix, AZ 85004 info@localfirstaz.com

Local First Arizona is a nonprofit, charitable corporation with a 501(c)(3) and 501(c)(6) designation.

ACCESS TO THE WEB SITE

This Agreement grants you a limited, revocable, nonexclusive license to access these Sites for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of these Sites nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by Local First Arizona. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

From time to time these Sites may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.

LIMITED WARRANTY/DISCLAIMER OF LIABILITY

Local First Arizona is a non-profit organization that provides support, educational tools and resources to Arizona businesses and consumers. Local First Arizona does its best to provide accurate and helpful information on this website but does not warrant or guarantee the accuracy of the information on this site. In addition, much of the information on this Site is provided by third-parties. We are not responsible for this third-party content. 

This site and its contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of our site is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of these Sites, and that Local First Arizona shall not be liable for any damages of any kind related to your use of these Sites.

In no event shall Local First Arizona, or any board member, executive, director, employee, licensor, distributor, supplier, agent, reseller, operator, or contractor of Local First Arizona, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our site, (v) any viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via these Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

these Sites may contain hyperlinks to web sites operated by parties other than Local First Arizona, which are provided for reference only. We do not control such websites and are not responsible for their contents or operation. Your use of such web sites is entirely at your own risk.

This Site may contain recommendations or advice regarding third party businesses and service providers. You should do your own independent research and make your own independent judgment before engaging business and service providers. Local First Arizona is not responsible for any action or inaction taken by any third party business or service provider even if such provider was mentioned, advertised or endorsed on these Sites.

MODIFICATION OF TERMS OF USE/MODIFICATION OF WEBSITE

We reserve the right to change these Terms of Use at any time. We will announce any changes by posting a revised draft of these Terms of Use on these Sites. You can determine when these Terms of Use were last revised by referring to the “Last Updated” information contained herein. By continuing to use these Sites following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on these Sites may be governed by additional rules, which will be available on these Sites. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of these Sites or any services or products made available through these Sites without notice; charge fees in connection with the use of these Sites; modify and/or waive any fees charged in connection with these Sites; and/or offer opportunities to some or all users of these Sites. You agree that we will not be liable for any modification, suspension or discontinuance of these Sites or of any service, content, feature or product offered through these Sites. Your continued use of these Sites after such changes will indicate your acceptance of such changes.

From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of these Sites, or we may add new areas or features to these Sites. We may introduce a new service and the fees for that service are effective as of the date that service becomes available on these Sites. Unless otherwise stated, all fees are quoted in U.S. dollars and you are responsible for paying all fees associated with using our service and these Sites.

SITE CONDUCT

these Sites is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, recommendations, opinions, ideas, images or other content on these Sites. We reserve the right, but we do not have the obligation to remove any content posted on our site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using these Sites:

You may not post or transmit any material or content on or through these Sites:

  • that violates or infringes in any way upon the rights of others;
  • that discloses private personally identifying information of another person that could lead to identity theft;
  • that discloses confidential, proprietary information or trade secrets;
  • that solicits, encourages, or promotes the use of illegal substances or activities;
  • which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasive of privacy or publicity rights, is fraudulent or tortuous, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
  • that is protected by copyright, trademark, trade secret or any other proprietary right;
  • that expresses or implies that any statements you make are endorsed by Local First Arizona, without our prior written consent; or
  • that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.

You may not post or transmit on or through these Sites:

  • software or other materials that contain viruses or other programs harmful or disruptive to these Sites or other websites;
  • political campaign materials; chain letters; mass mailings; spam mail;
  • any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of these Sites or its contents.

You may not:

  • misrepresent who you are or impersonate another person;
  • offer contracting services unless you have any required contracting license;
  • engage in any activity on these Sites that restricts or inhibits any other user from using or enjoying these Sites such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of these Sites;
  • harvest or collect information about Site visitors or Registered Users without their express consent;
  • use these Sites to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to these Sites;
  • create a database by systematically downloading and storing Site content;
  • frame or mirror any part of these Sites without our prior written consent;
  • interfere with or disrupt the operation of these Sites or the servers or networks used to make these Sites available; or violate any requirements, procedures, policies or regulations of such networks.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

By submitting, disclosing, posting, transmitting or uploading any files, messages or data or engaging in any other form of communication to or with these Sites, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. By posting information or content to these Sites, you grant, and you represent and warrant that you have the right to grant, to Local First Arizona an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

We may not be able to review all materials posted to these Sites by users and we are not responsible for any materials posted by users. However, we reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.

COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of these Sites are protected by U.S. and state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on these Sites is owned by us or others who have given us permission to use their protected intellectual property. these Sites as a whole is also protected by copyright law and is owned by us.

The materials on these Sites, and these Sites as a whole, are intended solely for your personal, noncommercial use. You may download or copy the downloadable materials displayed on these Sites for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on these Sites, these Sites as a whole, or any related software without the prior written permission of Local First Arizona or the owner of that intellectual property. Further, you may not frame any of these Sites content, deep-link to these Sites, trespass or scrape these Sites with automated agents without prior written consent of Local First Arizona.

If you believe any of the content on our Site infringes the intellectual property rights of another, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act. Please see our DMCA Notice below for more information.

THIRD-PARTY CONTENT AND SERVICES PROVIDED BY MEMBERS

these Sites contains content supplied by parties other than Local First Arizona. Any opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of Local First Arizona. Local First Arizona makes no guarantees to the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for a particular purpose.

Local First Arizona is not responsible for the actions or inactions of any users of these Sites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Local First Arizona and our board members, executives, directors, employees, agents, shareholders, and contractors and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of our site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.

GOVERNING LAW AND JURISDICTION

This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona, to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Maricopa County, Arizona, for any such action.

GENERAL PROVISIONS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. Local First Arizona shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of these Sites. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.

TERMINATION/CANCELLATION

Local First Arizona may terminate your use of these Sites, including without limitation, your account with these Sites, at any time, at our sole discretion. Upon any such termination, your right to use these Sites will immediately cease. You agree that any termination of your access to or use of these Sites may be effected without prior notice.

LINKS TO OTHER SITES

For your convenience, Local First Arizona may provide links on these Sites to websites that are not operated by Local First Arizona. These links do not mean that Local First Arizona endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. Local First Arizona is not liable for any damage that might result from your use of the information, products or services obtained.

NO AGENCY

There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE NOTICE

Local First Arizona will process notices of alleged infringement that it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Local First Arizona® designated agent:

Alisa Lyons 407 E Roosevelt St, Phoenix, AZ 85004

To be effective, the notification must be in writing and must comply with DMCA, 17 U.S.C. §512(c)(3)). Notices which do not comply with the law will be disregarded.