Terms and Conditions

Updated June 13, 2017

1. ACCEPTING THE AGREEMENT
By clicking the "Subscribe" button displayed as a part of the online registration process, you are indicating that you expressly accept the following terms and conditions in this legal agreement (the "Agreement") between you and any organization you represent (collectively, "you" or the "Customer") and Likeable Local, Inc. ("Likeable Local") governing your use of Likeable Local's online service and any related software you may install on your computer (the "Service"). If you are entering into this Agreement, you represent that you are authorized to accept the terms of this Agreement on behalf of yourself or the organization you represent. If you do not have such authority, or if you do not agree with the terms and conditions of this Agreement, you must not click on the "Subscribe" button and must close the Electronic Contract, and may not use the Service.  In addition, the following terms and conditions may be updated or amended at any time by Likeable Local, at which point the Customer will receive a notification of the change via email. Future changes to the terms and conditions do not require the Customer to acknowledge them in order for them to become binding.


2. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND CUSTOMER DATA
The parties acknowledge and agree that, subject to the license grants contained in this Agreement, Licensor, retains all right, title and interest, including all related intellectual property rights, in and to the Likeable Local technology, the Content and the Service. Customer retains all right, title and interest to any and all patient or customer data including consumer review data captured by the Likeable Local system ("Customer Data") provided to Likeable Local, subject to Likeable Local's right to use such Customer Data to provide the Service to Customer. This Agreement is not a sale and does not convey any rights of ownership in or related to the Likeable Local Service, Likeable Local technology, Likeable Local Content, or Likeable Local intellectual property to the Customer except for the limited licenses granted to the Customer under this Agreement. Any and all software, algorithms, applications, source codes, structures, sequences, routines, sub-routines and related programming, engineering or technological matter developed or created by Likeable Local or its Licensors (and all copyrights, patents, trademarks and other proprietary rights related thereto) shall remain the sole, exclusive and perpetual property of Likeable Local or its Licensors.
The trademarks, trade names, service names or logos associated with the Service (collectively, the "Marks") are trademarks of Likeable Local or its Licensors, and no right or license is granted to use them. Customer hereby acknowledges Likeable Local or its Licensors' perpetual and exclusive ownership of and title to the Marks and the goodwill attaching thereto. Customer agrees not to use or attempt to register any Mark that is confusingly or deceptively similar to the Marks.


3. CLIENT DATA AND ACCOUNT INFORMATION
Likeable Local does not own any Customer Data, information or material that you submit to the Service in the course of using the Service. You, not Likeable Local, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and, or as required by law, Likeable Local shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data, or for the improper or erroneous upload or extraction of any Customer Data. Likeable Local reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Likeable Local shall have no obligation to maintain or forward any Customer Data.


4. INDEMNITY
You agree to indemnify and hold Likeable Local (including its parent, subsidiaries, affiliates, officers, directors, agents, employees, contractors, sub-contractors, Licensors, partners and affiliates) harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach or alleged breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party (including without limitation any negligent, willful, tortious or illegal conduct by you affecting a third party).


5. TERM
The length of the initial Agreement term is indicated on the accompanying “Customer Order Information” page.  Services are billed in advance each month on the anniversary of the Effective Date of this Agreement in accordance with Section 7 below. After the Customer has satisfied the initial Agreement term length, the Agreement will revert to a month to month Agreement, cancellable at any time in accordance with Section 6 below.


6. TERMINATION
Any breach of your payment obligations or unauthorized use of the Likeable Local Technology, Content or Service, or Breach of the Public Review and Comment Policy (defined below) will be deemed a material breach of this Agreement. Likeable Local, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition to any other rights granted to Likeable Local herein, Likeable Local reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent, if you violate the Likeable Local Public Review and Comment Policy, the Likeable Local Terms of Use, or otherwise engage in fraudulent or unlawful activities. You agree and acknowledge that Likeable Local has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay Service Fees, and such breach has not been cured within 15 days of notice of such breach. In addition, Likeable Local may terminate this Agreement in the event that you request a refund pursuant to Section 9 in three consecutive months. Likeable Local will have no liability for any suspension or termination of your account in accordance with this paragraph.


7. BILLING & PRICING
Likeable Local only accepts major credit/debit cards as a form of payment for the Service.  Likeable Local charges and collects in advance for use of the Service.  After the first month of Service is billed at the time of sale, Likeable Local will automatically bill your credit/debit card every month for monthly licenses and fees on the monthly anniversary of the Effective Date of the Agreement. The renewal charge will be equal to the then current license fee in effect at the time of renewal.  Likeable Local will never raise the price of service from the original rate negotiated at Agreement inception unless the Customer willfully upgrades to a higher package.  The Customer may be given the option to pay up front in advance in increments of 3 months, 6 months, or 12 months.  This can option can only be selected if the Customer pays via a major credit/debit card. After the Customer has satisfied the length of time they paid for in advance, payment will revert to a month to month basis at the original monthly rate negotiated at Agreement inception. Paying up front in advance for additional months after the Customer has satisfied the original length of time they paid for in advance is at the discretion of the Customer Success Team.  However, if you are a dental practice with an active Henry Schein account, you will be invoiced each month for the Service through Henry Schein.  A line item for the Service will appear on your Henry Schein invoice as “Likeable Local Services”. Customers invoiced through Henry Schein are not eligible to receive a discount by paying for services up front in advance.


8. LIKEABLE LOCAL GUARANTEE; LIMITATIONS

Likeable Local provides a "Service Guarantee" (listed below), based on which social media channels are actively integrated into the platform. For the avoidance of doubt, if a social media account is not actively integrated into the platform, the following Service minimums would not apply to that particular channel.

  • Guaranteed for all packages:
    • A minimum of 10 Facebook posts per month
    • A minimum of 5 LinkedIn posts per week
    • A minimum of 3 Twitter posts (tweets) per day
    • Automated TurboPost boosting for every post published through Likeable Hub that adheres to Facebook's ad guidelines. When ad policy violations occur, Likeable Local reserves the right to suspend automatic boosting.  In these rare cases, ad dollars that were ear-marked for boosting will be re-purposed for other advertising efforts.
  • Guaranteed for Expert packages:
    • Up to $30 spent in ads per month split between page like ads, promoted posts, and refer-a-friend website click ads. In the event of an ad policy violation (that may or may not flag an ad account), Likeable Local reserves the right to suspend the running of advertisements until the ad violation is resolved per Facebook’s guidelines.  In the event Facebook ads are suspended, ad dollars may “roll-over” and accrue until Likeable Local in its discretion reactivates the Customer’s ad account.

    • Ad targeting to specific age ranges, gender, and location.

  • Guaranteed for Pro packages:
    • Up to $100 spent in ads per month split between page like ads, promoted posts, refer-a-friend website click ads, and custom ad campaigns. In the event of an ad policy violation (that may or may not flag an ad account), Likeable Local reserves the right to suspend the running of advertisements until the ad violation is resolved per Facebook’s guidelines.  In the event Facebook ads are suspended, ad dollars may “roll-over” and accrue until Likeable Local in its discretion reactivates the Customer’s ad account.
    • Creation of up to (8) custom, short-form posts derived from a monthly consultation between the Customer and a member of the Customer Success Team. Should the Customer fail to connect with a Likeable Local representative for a monthly strategy call, Likeable Local will create an advertising campaign at its discretion in lieu of custom posts. This discretionary advertising campaign will recur automatically in perpetuity each month until the Customer connects with a member of the Customer Success Team.
    • Custom feature ads can include website clicks, lead generation, like ads, website conversion, offers, or events.
    • Unlimited targeting based on Facebook's targeting capabilities.
  • Guaranteed for Concierge packages:
    • Up to $200 spent in ads per month split between page like ads, promoted posts, refer-a-friend website click ads, and custom ad campaigns. In the event of an ad policy violation (that may or may not flag an ad account), Likeable Local reserves the right to suspend the running of advertisements until the ad violation is resolved per Facebook’s guidelines.  In the event Facebook ads are suspended, ad dollars may “roll-over” and accrue until Likeable Local in its discretion reactivates the Customer’s ad account.
    • Creation of up to (12) custom, short-form posts derived from a monthly consultation between the Customer and a member of the Customer Success Team. Should the Customer fail to connect with a Likeable Local representative for a monthly strategy call, Likeable Local will create an advertising campaign at its discretion in lieu of custom posts. This discretionary advertising campaign will recur automatically in perpetuity each month until the Customer connects with a member of the Customer Success Team.
    • Custom feature ads can include website clicks, lead generation, like ads, website conversion, offers, or events.
    • Unlimited targeting based on Facebook's targeting capabilities.

9. CREDIT CARD AUTHORIZATION
By submitting your credit/debit card ("Bank Card") data to Likeable Local, you authorize Likeable Local in its complete discretion to submit a financial transaction(s) to your issuing bank for settlement. You agree that once Likeable Local has approved or declined your transaction, Likeable Local has fully performed under the terms of this Agreement. You agree to contact Likeable Local in the event that you desire to cancel any recurring charge, prior to the next billing cycle. Should you fail to contact Likeable Local, you agree to indemnify and hold Likeable Local harmless from any losses or damages that you suffer as a result of a recurring charge. Likeable Local may be contacted at contact@likeablelocal.com or mail us at 240 West 37th St. New York, NY 10018


10. PARTNER PROGRAM
This clause only applies to clients who have signed up to resell the Service.  These clients (“Likeable Partners” or “Partners”) have the ability to purchase the Service at the following discounted rates.
Silver Likeable Partners:


A Likeable Partner qualifies for the Silver perk level if they have between 1 and 5 clients who are actively spending and live on the platform.  They have the ability to purchase the Expert package for $159 and the Pro package for $399.  They also receive additional perks, such as:

  • Access to bi-weekly webinars with Likeable Local CEO Dave Kerpen.  
  • Access to co-branded partnership materials and educational resources.
  • Complimentary platform branding.

Gold Likeable Partners:
A Likeable Partner qualifies for the Gold perk level if they have between 6 and 19 clients who are actively spending and live on the platform.  They have the ability to purchase the Expert package for $139 and the Pro package for $349.  They also receive additional perks, such as:

  • All Silver perks listed above.
  • A listing on Likeable Local’s website.
  • Referral database listing.

Platinum Likeable Partners:
A Likeable Partner qualifies for the Platinum perk level if they have 20 or more clients who are actively spending and live on the platform.  They have the ability to purchase the Expert package for $119 and the Pro package for $299.  They also receive additional perks, such as:

  • All Gold and Silver perks listed above.
  • Exclusive, monthly 30 minute group coaching session with Likeable Local CEO Dave Kerpen.

To be eligible to join the Likeable Partner Program, one must have signed up at least one Expert or Pro client (one's own business can count). Likeable Partners must sign on a second client within 60 days of becoming a Partner to maintain membership to the program. Partners who do not bring on a second client in this time will remain a Customer and have the opportunity to re-join the Partner Program by bringing on future clients.  Likeable Partners are not permitted to charge an amount greater than Likeable Local's retail rates for the Service without adding additional value. If a Partner wishes to charge more than the retail rates for the Service, they must gain permission from Likeable Local before soliciting end-users at the desired higher-than-retail price.


11. CANCELLATION POLICY– NON PARTNERS

The Customer may not cancel the Agreement within the initial Agreement term length. In order to cancel the subscription with Likeable Local after the initial Agreement term length is satisfied, the Customer must give our Customer Success Team advance notice of at least 2 business days before the next billing date. While emailing the Customer Success Team at customersuccess@likeablelocal.com or emailing the Customer’s assigned Customer Success Team member directly of the intent to cancel is sufficient to suspend billing prior to the next billing date, it is not sufficient to guarantee the stoppage of future billing. In order to confirm cancellation, the Customer must speak over the phone with their assigned Customer Success Team member and partake in an “off-boarding call”. After alerting a Customer Success Team member through any means other than a telephone call of an intent to cancel, the Customer will be asked to schedule an off-boarding call with their assigned Customer Success Team member. This call is necessary to formally disconnect service and to provide better service to future Customers. The Customer can reach the Customer Success Team at (212) 359-4342 or by dialing their assigned Customer Success Team member directly. Agents of, employees of, associates of, or relations of the Customer cannot request or confirm cancellation. Only the person whose digital signature appears on the Agreement can confirm cancellation. Speaking with, leaving a voicemail with, or any other form of communication with any other employee or officer of Likeable Local other than someone from the Customer Success Team will not be considered a notice of cancellation. If the Customer fails to give the Customer Success Team advance notice of 2 business days that they wish to cancel, any charges incurred on the billing date cannot be refunded. If the Customer paid for their subscription upfront, they are not entitled to any refunds of the remaining Agreement value. Likeable Local may terminate or suspend access to the service at any time, including in the event of your actual or suspected unauthorized or improper use of the Service or non-compliance with our Terms and Conditions.


12. CANCELLATION POLICY – PARTNERS
Partners have the ability to resell Likeable Expert and Pro in either 6 or 12 month Agreements. Should a Partner’s client choose to no longer continue the Likeable Local service before the initial Agreement term length is satisfied, the Partner will still be held to the initial Agreement length for that client and is responsible for replacing their cancelled customer with either their own account or another client for the remaining duration of the initial Agreement length. Likeable Local will offer a one month grace period for Partners to arrange for another client to take the place of the cancelled account, at which point the subscription will resume for the duration of the initial Agreement.  The replacement of a new client for a cancelled client may be applied only once during the initial Agreement period for each account. If the Partner does not wish to bring on another customer to replace the cancelled account, the Partner will be responsible to pay 50% of the remaining subscription balance of the initial Agreement length.