Terms & Conditions

updated March 21, 2018

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 service (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.

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 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. 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".

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 Base Plans:

    • A minimum of 12 Facebook posts per month from Likeable Local's Content Library

    • A minimum of 12 Twitter posts (tweets) per month from Likeable Local's Content Library

  • Guaranteed for all Custom Plans:

    • A Facebook Facelift, which is an initial analysis of the Customer’s existing Facebook Business Page. Should the Customer agree to Likeable Local’s recommendations for improvement, Likeable Local will update the Customer’s Facebook Business Page.

    • Creation of up to (4) pieces of custom, short-form content derived from a monthly consultation between the client and a Likeable Local representative. Should the client fail to connect with a Likeable Local representative for a monthly strategy call, Likeable Local will create any combination of short-form content or custom feature Facebook ads, at its discretion, for the following monthly content cycle. Custom feature Facebook 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. CANCELLATION POLICY

In order to cancel your subscription with Likeable Local, the account owner must give our Customer Success Team advance notice of at least 2 business days before the next billing date. The account owner can reach our Customer Success Team at (212) 359-4342 or by emailing customersuccess@likeablelocal.com. Speaking with an Account Executive or leaving a voicemail will not be considered a notice of cancellation. If you wish to terminate the Likeable Local Service before the initial Agreement term length is satisfied, Likeable Local will charge a one-time early termination fee of 50% of the remaining Agreement value. If you paid for your subscription upfront, you 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 Likeable Local Platforms or non-compliance with our Terms and Conditions.