SwiftRay, LLC, a Georgia limited liability company dba Little Guide® ("us", "we", or "our") operates a website (mylittleguide.com), social media pages, email marketing and print publications (collectively referred to as “Website” or “Services”). By using the Website, you agree to be bound by these Terms and Conditions (“Terms”). These Terms are a legally binding contract between you and Little Guide regarding your use of the Website. If you disagree with any part of these Terms, you must not use the Website.
These Terms and Conditions ("Terms") outline the rules and regulations for the use of the Little Guide website, social media platforms, and print publications ("Website" or "Service") operated by Little Guide ("us", "we", or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not use the Website.
1. Changes to Terms:
We may revise these Terms at any time without notice. By continuing to use the Website after any such changes, you agree to be bound by the revised Terms.
2. Intellectual Property Rights:
The content, design, and all elements of the Website, including but not limited to text, graphics, logos, images, videos, and software, are the property of Little Guide and are protected by intellectual property laws. You may not reproduce, distribute, modify, or use any part of the Website without our prior written consent.
3. User Content:
By submitting or posting any content on the Website, including text, images, reviews, comments, or any other materials ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media.
4. User Responsibilities:
You agree to use the Website only for lawful purposes and in a way that does not infringe upon the rights of others, harm minors, or violate any applicable laws or regulations. You are responsible for any User Content you submit and for maintaining the confidentiality of your account credentials.
5. Prohibited Activities:
You are prohibited from engaging in any of the following activities:
Violating any applicable laws or regulations.
Impersonating any person or entity.
Uploading, posting, or transmitting any User Content that is unlawful, harmful, abusive, harassing, defamatory, obscene, or otherwise objectionable.
Attempting to gain unauthorized access to any part of the Website.
Uploading, posting, or transmitting any viruses, malware, or other harmful code.
6. Disclaimer of Warranties:
The Website is provided on an "as-is" and "as available" basis. We make no warranties or representations of any kind, express or implied, regarding the content or functionality of the Website.
7. Indemnity:
You agree to indemnify and hold Little Guide, its affiliates, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of the Little Guide website or any violation of these Terms and Conditions.
You agree to defend, indemnify, and hold harmless Little Guide and its affiliates from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, without limitation, reasonable attorneys' fees) assessed or incurred by Little Guide, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms and Conditions; (ii) your breach of your obligations under these Terms and Conditions; (iii) your use of the rights granted to you under these Terms and Conditions; and/or (iv) any activity related to your account or any User Content submitted by you.
Little Guide reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Little Guide in asserting any available defenses.
This indemnity clause shall survive the termination or expiration of these Terms and Conditions and your use of the Little Guide website.
8. Limitation of Liability:
To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
9. Contests & Giveaways:
9.1 Eligibility: Contests and giveaways ("Promotions") hosted by Little Guide ("we", "us", or "our") on the Website and social media platforms are open to participants who meet the specified eligibility criteria. Participants must adhere to all relevant laws and regulations in their jurisdiction to enter.
9.2. Participation: Participation in any Promotion is voluntary and implies acceptance of these terms and conditions. By entering, participants agree to comply with all rules set forth by Little Guide.
9.3. Entry Requirements: Specific entry requirements, such as liking, commenting, sharing, or submitting content, may apply to each Promotion. Entries must be submitted during the specified entry period to be considered valid.
9.4. Entry Restrictions: Employees of Little Guide are not eligible to participate in Promotions. Void where prohibited or restricted by law.
9.5. Prize(s): Prize details and values will be outlined for each Promotion. Prizes are non-transferable and cannot be exchanged for cash or other alternatives unless stated otherwise. Any taxes, duties, or other charges related to the prize are the responsibility of the winner.
9.6. Winner Selection: Winners will be selected at random (unless otherwise specified) from eligible entries received during the entry period. The method of winner selection will be at Little Guide's sole discretion.
9.7. Winner Notification: Winners will be notified through the same method used for entry (e.g., social media post, email, etc.) within 3 days after the Promotion ends. Winners may be required to provide additional information to claim their prize.
9.8. Publicity Release: By participating in a Promotion, winners grant Little Guide the right to use their name, likeness, image, and submitted content for promotional and marketing purposes without additional compensation.
9.9. Disqualification: Little Guide reserves the right to disqualify any entry or participant that violates these terms and conditions or engages in fraudulent or inappropriate behavior.
9.10. Modification or Termination: Little Guide reserves the right to modify, suspend, or terminate any Promotion without prior notice. In the event of modification or termination, Little Guide may award prizes based on entries received before the modification or termination.
By participating in a Promotion hosted by Little Guide, you acknowledge that you have read, understood, and agreed to these terms and conditions.
10. Third-Party Links:
The Website may contain links to third-party websites or resources. We have no control over such websites and are not responsible for their availability, content, or any damages arising from your use of them.
11. Binding Arbitration and Class Action Waiver: All arbitration fees are the responsibility of the party bringing the complaint.
11.1. Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to your use of the Little Guide website ("Website"), including the interpretation, application, enforceability, or formation of these Terms and Conditions or any dispute regarding any service provided by Little Guide, shall be governed by the rules of arbitration set forth in American Arbitration Association’s Rules and Mediation Procedures and be resolved by binding arbitration using an arbitration company of Little Guide’s choice.
11.2. Arbitration Rules and Process: Arbitration shall be conducted by a single arbitrator appointed in accordance with the Arbitration Rules. The arbitration proceedings shall take place in Richmond County, Georgia, USA. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
11.3. Waiver of Class Action: You expressly waive any right you may have to participate in or represent a class or collective action in arbitration or in any court action. You also waive any right to a jury trial.
11.4. Waiver of Right to Trial: You and Little Guide agree to waive any right to a trial by judge or jury for disputes arising out of or relating to these Terms and Conditions.
11.5. Opt-Out: If you do not wish to be bound by this arbitration and class action waiver clause, you must notify Little Guide in writing within 10 of your first use of the Website. Your written notification must be sent to info@mylittleguide.com.
By using the Little Guide Website, you acknowledge that you have read, understood, and agreed to this binding arbitration and class action waiver clause as part of the Terms and Conditions.
12. Termination:
We reserve the right to terminate or suspend your access to the Website at any time, without prior notice, for any reason including, but not limited to, a breach of these Terms.
13. Severability:
If any provision of these Terms and Conditions is held to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall remain in full force and effect. The unenforceable or invalid provision shall be replaced by a valid and enforceable provision that closely matches the intent of the original provision.
In the event that any part of these Terms and Conditions is found to be unlawful, void, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
The failure of Little Guide to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by Little Guide.
This severability clause is intended to ensure the enforceability and validity of these Terms and Conditions to the fullest extent possible under applicable law.
14. Governing Law:
These Terms shall be governed by and construed in accordance with the laws of the state of Georgia within the United States of America, without regard to its conflict of law principles.
15. Contact Information:
If you have any questions about these Terms, please contact us at info@mylittleguide.com.
By using the Little Guide Website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.