Terms & Conditions

1) Acceptance of These Terms

Please read these Terms & Conditions ("Terms") carefully before using TheLocalsRecommend.com or any content, programs, products, or services offered by The Locals Recommend, a brand of TLR Marketing LLC, a Florida limited liability company ("Company," "we," "us," or "our"). The website and all related services are referred to together as the "Service."

By visiting the website, submitting a form, enrolling in a program, signing a contract, or receiving or redeeming anything from a Welcome Gift Box, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.

You must be at least 18 years old and have the legal authority to enter into these Terms. If you enroll on behalf of a business, you confirm that you are authorized to bind that business, and "you" includes that business.

Definitions

• Business Partner — a business that pays to place its offer, materials, or products in our Welcome Gift Boxes or other marketing programs.

• Recipient — a new resident or homeowner who receives a Welcome Gift Box.

• Welcome Gift Box — the gift box, basket, or package we deliver to Recipients, including printed materials, coupons, and products.

• Partner Offer — any discount, coupon, gift card, free service, or promotion a Business Partner includes in a Welcome Gift Box.

• Contract — any signed agreement, proposal, invoice, or online checkout through which a Business Partner enrolls in a program.

• Users — all visitors, Business Partners, Recipients, and anyone else who uses the Service.

If a signed Contract conflicts with these Terms, the Contract controls for that conflict only.

2) Description of the Service

The Locals Recommend is a local marketing service. We help local businesses reach new residents by delivering Welcome Gift Boxes to people who recently bought or moved into homes in the communities we serve. Each box may contain Partner Offers, printed materials, branded items, and products from participating Business Partners.

We decide, in our reasonable discretion:

• which neighborhoods, ZIP codes, or service areas we cover;

• how Recipients are identified, which may include public property records and other lawful sources;

• the design, packaging, contents, order, and presentation of each Welcome Gift Box;

• the timing, frequency, and method of delivery.

Unless your Contract states otherwise, we do not guarantee a specific number of boxes delivered in any period, a specific delivery date, or placement of your materials in any particular position within the box. Delivery volume depends on how many homes sell in the service area, which we do not control.

We may change, add, pause, or discontinue any part of the Service at any time. If a change materially reduces what a Business Partner has prepaid for, we will offer a pro-rated credit or refund for the affected portion.

3) Business Partner Enrollment, Payment, and Cancellation

Enrollment and Pricing

Pricing, term length, service area, number of boxes, and any category exclusivity are set out in your Contract. Prices do not include applicable sales or other taxes, which you agree to pay. You must keep a valid payment method on file.

Recurring Billing

Unless your Contract states a fixed term with no renewal, programs bill on a recurring basis (for example, monthly) and renew automatically until cancelled as described below. By enrolling, you authorize us and our payment processor to charge your payment method on each billing date. The amount, billing frequency, and how to cancel will be shown to you before you enroll.

Minimum Term

If your Contract includes a minimum commitment (for example, [6] or [12] months), you agree to pay for the full minimum term. Cancelling early does not relieve you of payments owed for the remainder of that term unless we agree in writing.

Cancellation

After any minimum term, you may cancel by emailing [[email protected]] at least [30] days before your next billing date. Cancellation takes effect at the end of the paid billing period. Your materials may continue to appear in boxes already assembled or scheduled for delivery.

Refunds

Because we begin designing, printing, purchasing, and assembling box contents in advance, all fees are non-refundable once a billing period begins, except:

• if we fail to deliver the service you paid for and do not cure the failure within [30] days of your written notice, we will refund or credit the undelivered portion; or

• as required by law or stated in your Contract.

Setup, design, and onboarding fees are non-refundable once work has started.

Late and Failed Payments

If a payment fails, we will notify you and may retry the charge. If payment is not received within [7] days, we may pause your placement in Welcome Gift Boxes until your account is current. Paused periods do not extend your term or reduce amounts owed.

If an account remains unpaid for more than sixty (60) days, we may pursue collection of the outstanding balance through lawful means, including referral to a third-party collections agency. We will make reasonable efforts to contact you before doing so. Unpaid balances may accrue interest at the lesser of 1.5% per month or the highest rate allowed by law, plus reasonable collection costs and attorney's fees.

Chargebacks

Please contact us before disputing a charge with your bank so we can try to resolve it. If you initiate a chargeback for services that were provided as agreed, you remain responsible for the disputed amount and any processor dispute fees we incur.

4) Business Partner Responsibilities

Honoring Partner Offers

Each Business Partner is solely responsible for its Partner Offer, including its terms, fulfillment, and redemption. You agree to honor every Partner Offer distributed in a Welcome Gift Box according to its stated terms and through its stated expiration date, even if your program with us has ended. If no expiration date is printed, you agree to honor the offer for at least [90] days after your program ends.

The Company is not a party to any transaction between a Business Partner and a Recipient. We are not responsible for the quality, safety, legality, or performance of any Business Partner's products or services.

Partner Content and Materials

You are responsible for all logos, text, images, coupons, and other materials you provide ("Partner Content"). You represent that Partner Content is accurate, not misleading, and does not infringe anyone's rights. You grant us a non-exclusive, royalty-free license to use, reproduce, resize, and display Partner Content to produce Welcome Gift Boxes and to promote the Service, including on our website and social media, during your program and for a reasonable period after it ends.

We may edit Partner Content for format, length, and print requirements, and may reject any content we consider inappropriate, inaccurate, or inconsistent with our brand.

Products Included in Boxes

If you supply physical products for a Welcome Gift Box, you are responsible for their safety, labeling, and compliance with law. Food products must be commercially packaged and labeled with ingredients and major allergens. Without our prior written approval, you may not include alcohol, tobacco, vaping or cannabis products, CBD, medications or supplements, weapons, or any product requiring age verification.

Compliance With Law

You agree to comply with all laws that apply to your business and your Partner Offer, including licensing, advertising, consumer protection, and privacy laws. If you contact a Recipient who has shared their information with you, you are solely responsible for complying with telemarketing, text messaging, and email laws, including the Telephone Consumer Protection Act and CAN-SPAM Act.

Use of Recipient Addresses

As part of your program, we may provide you with the delivery addresses of homes that received Welcome Gift Boxes ("Recipient Addresses"). You agree to:

• use Recipient Addresses only to market your own business to those Recipients by mail or in-person materials;

• not sell, rent, share, or transfer Recipient Addresses to anyone else, or combine them with other data to obtain Recipients' phone numbers or email addresses;

• stop contacting any Recipient who asks you to, and honor any opt-out request we pass along to you within ten (10) days;

• keep Recipient Addresses reasonably secure and limit access to employees who need them;

• delete Recipient Addresses if we ask you to, or if you are found in breach of this section.

You are solely responsible for your use of Recipient Addresses and for complying with all applicable laws when contacting Recipients. Misuse of Recipient Addresses is a material breach of these Terms, and we may terminate your program immediately without refund.

Category Exclusivity

Category exclusivity applies only if it is expressly stated in your Contract, and only for the category, service area, and term stated there. Exclusivity ends automatically if your account is past due or your program is cancelled.

5) Terms for Gift Box Recipients

No Cost and No Obligation

Welcome Gift Boxes are free to Recipients. Receiving a box creates no obligation to buy anything or contact any Business Partner.

Partner Offers

Each Partner Offer is made by the Business Partner, not by the Company. Offers are subject to the terms printed on them, may have expiration dates and restrictions, and are redeemed directly with the Business Partner. Our inclusion of a Business Partner is not a guarantee or endorsement of its work. Please do your own research, including checking licenses and reviews, before hiring any business.

Gift Box Contents

Please review all items before use. Food items may contain or be produced near common allergens; always read labels. Items are provided "as is," and any manufacturer or Business Partner warranty is the only warranty that applies.

Delivery

Boxes may be delivered in person or left at your door. Once delivered, we are not responsible for loss, theft, weather damage, or spoilage.

How We Use Recipient Information

We identify new residents using publicly available property records and other lawful sources. We share the delivery addresses of homes that receive Welcome Gift Boxes with participating Business Partners so they can follow up with their own marketing, such as mailers or door hangers. We do not share your email address or phone number with Business Partners unless you give it to them yourself, for example by redeeming an offer, scanning a QR code, or filling out a form. Business Partners must use addresses only as permitted in Section 4 and are responsible for their own use of them. How we collect, use, and share information is described in our Privacy Policy.

Opting Out

If you would prefer not to receive a Welcome Gift Box, or do not want your address shared with Business Partners in the future, email [[email protected]] with your name and address. We will honor your request within a reasonable time and notify Business Partners who received your address of your request. We cannot retrieve information already shared, so you may also contact any Business Partner directly to ask it to stop contacting you.

6) No Guarantee of Results

We work hard to put your business in front of new residents, but we cannot guarantee any number of calls, leads, customers, redemptions, sales, or return on investment. Results depend on your offer, pricing, reputation, responsiveness, market conditions, home sales volume, and other factors outside our control. Any examples, case studies, or testimonials on the website reflect individual experiences and are not a promise of typical results.

7) Third-Party Businesses, Links, and Recommendations

The Service includes offers, links, and information from Business Partners and other third parties that we do not own or control. We are not responsible for their content, products, services, privacy practices, or conduct, and we are not liable for any loss arising from your dealings with them.

Business Partners pay to be featured in our Welcome Gift Boxes and marketing. When we describe a business as one "the locals recommend," that reflects our good-faith selection of participating businesses, and you should assume a paid relationship exists unless we state otherwise.

8) Data Collection, Tracking Technologies, and Privacy

We and our service providers use cookies, pixel tags, and similar technologies, including tools from Meta, Google, and other advertising networks. These technologies may collect information such as pages visited, actions taken, and device and browser details. This information may be used for analytics, ad targeting, conversion tracking, and campaign optimization, including through QR codes and tracked links printed in Welcome Gift Boxes.

Our Privacy Policy is incorporated into these Terms by reference. You can limit some tracking through your browser settings and platform opt-out tools, though doing so may affect how the website works.

9) Intellectual Property

The website and the Service, including the "The Locals Recommend" name, logo, slogans, gift box designs, templates, text, graphics, and the overall look and feel, are owned by or licensed to TLR Marketing LLC and are protected by copyright, trademark, and other laws. You may not copy, reproduce, modify, distribute, or create derivative works from them, or use our name or marks, without our prior written permission. Business Partners may state that they are a participating partner of The Locals Recommend during their active program, using only marks we provide.

Each Business Partner keeps ownership of its own Partner Content, subject to the license in Section 4.

10) Submissions and Feedback

You may not submit any material you do not have the right to share. If you send us reviews, testimonials, photos, suggestions, or other content ("Submissions"), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit for length, and publish them for any lawful business purpose, including marketing. You keep ownership of your Submissions. We will not present a testimonial in a way that changes its meaning.

11) Honest Reviews

We welcome honest feedback. Nothing in these Terms restricts you from posting truthful reviews, sharing honest opinions about the Service, or filing good-faith complaints with any government agency, consistent with the Consumer Review Fairness Act of 2016.

You agree not to publish statements about the Company, The Locals Recommend, TLR Marketing LLC, or its owners, including Todd Getts and Leah Getts, that you know to be false or that are defamatory.

12) Warranty Disclaimers

The Service, the website, and all Welcome Gift Box contents are provided "as is" and "as available." To the fullest extent permitted by law, TLR Marketing LLC and its owners, officers, employees, contractors, and affiliates disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, written or oral, creates any warranty not expressly stated in these Terms.

13) Limitation of Liability

To the fullest extent permitted by law, the Company will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost goodwill, or lost data, arising from or related to the Service, any Welcome Gift Box, any Partner Offer, or any Business Partner's products or services, even if advised of the possibility of such damages.

Our total liability for any claim related to the Service will not exceed the greater of (a) the amount you paid us in the three (3) months before the event giving rise to the claim, or (b) one hundred dollars ($100).

14) Indemnity

You agree to defend, indemnify, and hold harmless TLR Marketing LLC and its owners, officers, employees, contractors, and affiliates from any claims, losses, damages, and expenses, including reasonable attorney's fees, arising from (a) your violation of these Terms or the law; (b) your Submissions; or (c) for Business Partners, your Partner Content, Partner Offers, products, services, dealings with Recipients, or use of Recipient Addresses.

15) Time Limit to Bring Claims

Any claim arising from or related to the Service or these Terms must be filed within one (1) year after it arose, or it is permanently barred, to the fullest extent permitted by law.

16) Force Majeure

We are not responsible for delays or failures caused by events beyond our reasonable control, including hurricanes, tropical storms, flooding, evacuation orders, power outages, supply shortages, carrier delays, pandemics, or government actions. During such an event, we may pause deliveries and will resume as soon as reasonably possible. Paused deliveries will be made up or credited as stated in your Contract, or, if it is silent, credited pro rata.

17) Termination

We may suspend or terminate any User's access to the Service at any time if you breach these Terms, fail to pay, or engage in conduct we reasonably believe harms Recipients, other Business Partners, or our reputation. If we terminate a Business Partner without cause, we will refund any prepaid fees for services not yet delivered. Sections that by their nature should survive termination will survive, including payment obligations, ownership, disclaimers, limitation of liability, indemnity, and dispute resolution.

18) Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post a notice on the website or email Business Partners at their address on file. Changes take effect when posted, but changes to pricing or payment terms for an existing Business Partner take effect at the start of the next billing period after notice. Continuing to use the Service after changes take effect means you accept them.

19) Dispute Resolution and Arbitration

Informal Resolution

Before starting any formal proceeding, you agree to email [[email protected]] describing the dispute and to try in good faith to resolve it informally for at least thirty (30) days.

Binding Arbitration

If the dispute is not resolved within thirty (30) days, it will be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association ("AAA"). Disputes with Business Partners will follow the AAA Commercial Arbitration Rules; disputes with individual consumers will follow the AAA Consumer Arbitration Rules. Arbitration will take place in Lee County, Florida, or by video conference if both parties agree. Judgment on the award may be entered in any court with jurisdiction.

Class Action Waiver

All proceedings will be conducted on an individual basis only, not as a class, collective, or representative action. The arbitrator may not consolidate more than one party's claims.

Exceptions

Either party may (a) bring an individual claim in small claims court in Lee County, Florida, if it qualifies; (b) bring an action in court to collect unpaid fees; or (c) seek injunctive relief in court to protect intellectual property. Nothing here prevents you from bringing concerns to a government agency.

20) Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any court proceeding permitted under these Terms will be filed in the state courts located in Lee County, Florida, or the U.S. District Court for the Middle District of Florida, and you consent to the jurisdiction of and venue in those courts.

20) General Terms

• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the rest of these Terms remain in effect.

• Entire agreement. These Terms, the Privacy Policy, and any Contract are the entire agreement between you and the Company about the Service.

• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or a successor to our business.

• Independent parties. Business Partners and the Company are independent contractors. Nothing creates a partnership, joint venture, franchise, or agency relationship.

• Notices. We may send notices by email to the address on file. You must send notices to the email address below.