Legal Notice
Locals Care Community Card Account
Terms of Use & User
Agreement
IMPORTANT -- PLEASE READ: The following Locals Care Community Card User Agreement describes the terms and conditions that apply to both the Loyalty and/or the pre-paid account or gift account of your Locals Care Card. This agreement is divided into two parts. Part One describes the terms that apply generally to the Locals Care Card. Part Two contains important legal terms and conditions, including information regarding Locals Care privacy statement, our mutual agreement to exclusively arbitrate disputes, and how we may make changes to this agreement.
By using your LOCALS CARE Community Card, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
PART ONE: LOCALS CARE CARD GENERAL TERMS
Locals Care Purchases. The Locals Care community Card is issued to you by Locals Care. It allows you to load a dollar value on to your Locals Care Community Card for future purchases at participating Locals Care stores. The dollar value that you load onto your Locals Care Community Card, or is loaded as a Loyalty gift, is a pre-payment only for the goods and services of participating Locals Care stores. No credit card, credit line, overdraft protection, or deposit account is associated with a Locals Care Community Card. Unless otherwise required by law or permitted by this agreement, any amount on your Locals Care Community Card is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds deposited to a Locals Care Community Card will accrue or be paid or credited to you by Locals Care. Only participating Locals Care merchant locations accept your Locals Care Community Card. For an up-to-date list of stores that accept the Locals Care Community Card, please see our website at www.Locals-Care.com. We reserve the right not to accept any Locals Care Community Card or otherwise limit use of a Locals Care Community Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Loading Value on Your Community Card. You can load a dollar value on the Locals Care Community Card by using a credit card, debit card or cash by visiting any participating store or going online to www.Locals-Care.com. You may not load more than $500 worth of value to your Locals Care Community Card. The minimum amount that must be loaded onto your Locals Care Community Card is $10.00 at participating stores or $10.00 at our website. Locals Care may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call, or on the Locals Care web site, and such change shall not constitute an amendment to this agreement. Transactions that occur on our web site are denominated in U.S. dollars. To make reloading your Locals Care Community Card easier, you can use our Automatic Re-load feature. By linking a credit card to your Locals Care Community Card, you can re-load a dollar value onto your Locals Care Community Card whenever you like. To set up Automatic Reload, you need to go online to www.Locals-Care.com and look for instructions on how to set the automatic reload, and then provide Locals Care with payment information. Your credit card will be billed according to the schedule and amount you have selected. Locals Care will send you an e-mail following each Automatic Re-load purchase to notify you of the amount credited to your Locals Care Community Card. You may change your preferences at any time, but changes may take up to 24 hours to be effective. To discontinue your Automatic Reload feature, you must visit www.Locals-Care.com to disable the feature within 24 hours of the next scheduled reload. Once the dollar value is loaded, the transaction cannot be reversed.
Fees and Expiration of Card Balances. Locals Care does not charge fees for the issuance, or use of your Locals Care Community Card. Inactive cards expire after 36 months of inactivity. There is a $2.00 one-time Activation fee for Locals Care Loyalty cards, which is deducted from the first 200 points accrued by the cardholder on the initial transaction(s) on the card. This fee is subject to change without notice. There is no activation fee or costs for Locals Care Gift Cards.
Receipts and Statements. Cardholders are not sent statements of itemized transactions from a Locals Care Community Card account. You may check the balance of your Locals Care Card or review recent transactions on your Locals Care Community Card on the web site at www.Locals-Care.com. You will need to have your Locals Care Community Card available in order to access your account. The account balance for a Locals Care Community Card also will appear on your receipt from a point-of-sale register. The receipt will indicate that the purchase was made using a Locals Care Card and will provide the remaining balance on your Card.
Billing Errors, Corrections. Locals Care reserves the right to correct the balance of your Locals Care Community Card account if a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Locals Care Card, please call our customer service department. We will conduct an investigation and communicate the results and correct any error that we verify when an investigation is completed. If no error is found, you will receive a notification. Locals Care shall have no liability for any billing error unless written notice is provided within sixty (60) days of the date of the transaction. Transactions and account balances may be checked on our website at www.Locals-Care.com.
Registration; Liability for Unauthorized Transactions. The Locals Care Community Card is used like cash for purchases from participating Locals Care Merchants. As a cardholder you are responsible for all transactions associated with your Locals Care Community Card, including unauthorized transactions. Should your Locals Care Community Card becomes lost, stolen, or destroyed, the card cannot be replaced. In order to redeem your Community Points for credits on purchases from participating merchants, you must register your Locals Care Community Card. Please visit our web site at www.Locals-Care.com. Please update your account information immediately if you change any of your registration information.
PART TWO: IMPORTANT LEGAL TERMS
Privacy Statement. For information concerning how we collect, use and disclose information concerning the Locals Care Card you should refer to our privacy statement at www.Locals-Care.com.
Changes to This Agreement. The terms of this agreement may be amended at any time, including any rights or obligations the cardholder or Locals Care may have. Registered Locals Care Cardholders, will be notified of any change, addition or deletion by e-mail. In addition, Locals Care will post the terms of the modified agreement in our stores and/or on our web site at www.Locals-Care.com. As permitted by applicable law, any change, addition or deletion will become effective at the time Locals Care posts the revised agreement to our web site or generally in our stores or as otherwise stated in our notice to you. Unless stated otherwise, the change, addition or deletion will apply to existing and future Locals Care Cards. Cardholders are deemed to accept the changes, additions or deletions if (1) notification to the contrary is not received in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) Cardholders use of a Locals Care Card following the term of such notice period. If a cardholder does not accept the changes, additions or deletions, the Locals Care Card will be cancelled and any amounts remaining on the Locals Care Card may be directed to charity.
Cancellation of This Agreement. Locals Care may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to a cardholder at any time without notice or liability. Termination may result from fraudulent or unauthorized use of the Locals Care Card. If Locals Care terminates this agreement without cause, a refund or issue store credits equal to the balance added by the customer through cash, check debit or credit card. Loyalty points and/or credits are not redeemable for cash or refundable. In the event that this agreement is terminated, this Part Two shall survive in accordance with its terms.
Arbitration Rights. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Locals Care Community Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
Arbitration Procedures. You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at www.adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Santa Fe, New Mexico, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration. All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Governing Law – New Mexico. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability. LOCALS CARE AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE LOCALS CARE Community Card, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. LOCALS CARE DOES NOT REPRESENT OR WARRANT THAT YOUR LOCALS CARE Community Card WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. __IN THE EVENT THAT LOCALS CARE OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR LOCALS CARE CARD. LOCALS CARE AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LOCALS CARE OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A LOCALS CARE Community Card THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
Assignment. This agreement may be assigned in all or part without such assignment being considered a change to the agreement, and without notice to the cardholder. Locals Care is then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement; Construction. This agreeme nt is the complete and exclusive statement of agreement between you and Locals Care provider Independent Business Network Services LLC, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Inquiries or Questions For questions regarding this agreement or your Locals Care Community Card, please visit our web site at www.Locals-Care.com.