LocalWin.com - Your Local Business Center
 

  Terms & Conditions  
   

This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. We may amend these Terms & Conditions at any time without notifying all Visitors, Clients, Business Owners and any users of this Web Site. Changes or amendments to the Terms and Conditions will be posted on this page for public view and be considered effective 30 (thirty) business days from the date such changes take place.

By subscribing to localwin.com (“LocalWin”), LocalWin services as a business owner, or using LocalWin services as a Client, a Visitor or a Business you agree that you read and understood LocalWin privacy policy and terms and conditions. If you have any questions regarding these Terms & Conditions, you may contact us at support@localwin.com and from www.localwin.com

I. Introduction and Registration
LocalWin team is dedicated to offer a beneficial and creative experience to you. As a Business Owner, upon entering your information and subscribing to our free services, you will receive a membership agreement email. By receiving the email and starting to use LocalWin free listing services you become a LocalWin free listing member. This means that you agree all the obligations and responsibilities defined in the privacy policy, and terms and conditions.


Upon your registration on any place on the site or to the membership services, you may choose your own username if required. You may be asked to choose a password or LocalWin will assign you a password to access the LocalWin services through the Site where necessary. We require a registration process so that you may choose a member name ("Member Name" or "Login" or "Login Name") and a password, and so that we may permit you to use Services. Your Member Name will be used to identify you on LocalWin as you complete you membership as an individual, entity or company (the”Member”). You may log in to LocalWin, use the Services or modify your information, only through your Member Name and password. You may not have more than one account or Member Name, and have only one email address for your use of the Services. By registering, you certify that the email address you provide in the registration is accurate and belongs to you; otherwise we have the option of suspending your account with LocalWin or take any necessary actions.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your Member Name and password. You agree to notify LocalWin immediately at support@localwin.com of any unauthorized use of your account. To protect your privacy and the privacy of others, LocalWin use Member  Names to identify participants which is not publicized on the Web Contact information of potential contractors and business owners seeking clients (the "Business Owner") is collected in order for LocalWin.com to list the business information as identified in our services.


As a Business Owner upon entering your information and subscribing to our paid services, you will receive a membership agreement email. By receiving the email and starting to use LocalWin paid listing services you become a LocalWin paid listing member. This means that you agree all the obligations and responsibilities defined in the privacy policy, and terms and conditions. You understand that you will be asked to provide your credit card information to LocalWin to complete your subscription process. LocalWin guarantees that your financial information is kept securely and will not be shared with any other third parties, affiliates or any entity which is not part of LocalWin. Any contact information submitted on Findoha can be shared with other Dualvision LLC business listings websites. LocalWin is a service of LocalWin, a Dualvision LLC division, and LocalWin is part of LocalWin Network: www.LocalWin.com.


As a LocalWin Client or a Visitor looking for a contractor and the request for which you would like a Business Owner, or contractor, we will provide you with a list of Business Owners, or contractors in your area, if any, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Business Owner, or contractor or that there are Business Owners, or contractors in your area that are capable or willing to complete your service needs. We make no guarantees or representations regarding the skills or representations of Business Owner, or contractor or the quality of the job that he or she may perform for you if you elect to retain their services.


LocalWin does not endorse or recommend the services of any particular Business Owner, or contractor. It is entirely up to - you - , Clients or Visitors to interact with business owners into a direct contract or otherwise reach agreement with a Business Owner, or contractor. LocalWin does not guarantee or warrant Business Owner’s or contractor’s performance on the job or the outcome or quality of the services performed. The Business owner or contractors are not employees, agents, or consultants of LocalWin, nor is LocalWin an agent of the Business Owners. LocalWin is not responsible for, and does not perform any of the services, jobs, or tasks requested by you in your request to the Business Owners. Your rights, responsibilities and counterparties rights and responsibilities under contracts you enter into with Business Owners, or contractors are governed and controlled by the terms of such contracts and by applicable federal, state, provincial and local laws. In case of any dispute with any Business Owner, or contractor, you must address such dispute with the Business Owner, or contractor directly.


LocalWin does not warrant that the functions contained in these web pages or the Web Site will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. In no event will Localwin be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if LocalWin has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.


You hereby agree to release and not hold LocalWin or Dualvision LLC., any of its managers, employees, partners, financiers and subsidiaries responsible from any damages including incidental, consequential, natural ones or claims of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed for any interaction you might have with Business Owners, contractors, Clients or Visitors.

II. Privacy and Information

Please see our privacy statement.


III. Guidelines for Use
LocalWin Services and Site are only available for use by individuals who are age 18 or over. The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership and LocalWin’s agreement. LocalWin Services and Site may be used only for lawful purposes. You must abide by all applicable local, state, national and international laws, regulations or conventions, including without limitation the ones related to data privacy, international communications, and exportation of technical or personal data. You may not use the LocalWin Services or Site for any criminal or illegal activities or any activities that might be legally actionable. LocalWin reserves the right to suspend your membership if any of the above situations occur after notifying you about the cancellation.

LocalWin reserves the right to determine what constitutes Internet abuse and objectionable conduct. If LocalWin believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to LocalWin Services. These violations conditions but not to entirely are:

i. Choosing and using member Name or posting, transmitting or linking to any text, images internet media that are sexually explicit, pornographic, violent, racially or ethnically objectionable or grossly offensive to the online community.

ii. Posting, transmitting or linking to statements or referring to any kind of internet or published media that would violate any third party's or other parties’ privacy or publicity rights.

iii. Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of LocalWin, inappropriate for the LocalWin membership.

iv. Pretending to be any person or using a name that you are not authorized to use.

v. Soliciting individuals or business owners to join other services comparable to or competitive with LocalWin.

vi. Posting links in descriptions or other sections that are recognized as part of the service agreement that lead to a competitor's site or a site that has services that can cannibalize LocalWin services.

vii. Promoting any products or services that are unlawful at the location at which the content is posted or received in the US and Canada.

viii. Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment.

ix. Posting, transmitting or linking to statements that are intentionally false or misleading.
x. Posting any kind of content for spamming purposes

If you notice a problem with other members not following these Guidelines, please notify us by contacting support@localwin.com .
 
IV. Content and Its Use
LocalWin enables Members to contact LocalWin for questions, information, comments and post company information ,images, videos, sound as defined in the Services ("Your Content") to its Site. When you post Your Content to the Site as defined in the services and in the privacy policy, you understand and agree that Your Content can be viewed by other Members, or internet users (the ”Visitors”) or people who are looking for contractors (the “Clients”) who visit the Site.

You represent and warrant that you own or otherwise control all of the rights to Your Content or and that use of Your Content including text, image, video, sound or any other type internet content by LocalWin and its affiliates will not breach upon or violate the rights of any third party. Before you use LocalWin Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.

By registering with LocalWin and posting Your Content on the Site, you hereby grant LocalWin a non-exclusive, perpetual, binding, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your legal Content in any form, media or technology, whether now-known or hereafter developed. You also grant LocalWin, its subsidiaries, its affiliates and sub-licensees the right to use the Member Name that you submit with Your Content for purposes of attribution. Any financial information you submit will not be shared with any affiliates of LocalWin, or third-parties. If you do not wish to have Your Content attributed to you, then you must notify LocalWin at support@localwin.com .
 
V. LocalWin Property Rights
The design, concept, layout, structure and organization of the LocalWin Site and Services are subject to LocalWin's ownership rights, copyrights and other intellectual property rights. All rights are reserved.

You acknowledge and agree that LocalWin owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, trademarks and other intellectual property rights therein. Any use of the LocalWin Services, Site, technology, content, copyrights, trademarks or other intellectual property rights, other than as described in these terms and conditions, is not licensed and is strictly prohibited. You agree that you will obtain the express written permission from LocalWin before you copy, upload, transmit, reproduce, distribute or in any way exploit any LocalWin Services, content, technology and/or the copyrights, trademarks or the other intellectual property rights, obtained through the LocalWin Site.

Registered Visitors adn Business Owners may post reviews, comments, photos, and other content; send receommendation messages, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain viruses, mass mailings, militay or political campaigning, commercial solicitation, chain letters, or any form of spam. You may not use a false email address, impersonate any person or entity, or mislead as to the origin of content. Localwin reserves the right to remove or edit such content.

Localwin takes no responsibility and assumes no liability for any content posted by you or any third party.

Localwin respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@localwin.com.

VI. Free and Paid Services
You acknowledge and agree that your use of the LocalWin services is for your personal use as a Client and commercial use if you are Business owner or a contractor. You agree that all of your content and information posted on the LocalWin Web site, including but not limited to Business Owner profiles and Ratings & Reviews (including any ratings and reviews provided by you), is the sole and exclusive property of LocalWin. You agree that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. It is your responsibility to check your account regularly to ensure your information is accurate.


You acknowledge that a violation of the above mentioned could result in significant damages, and you agree that you are liable to LocalWin for any such damages, and will indemnify LocalWin in the event of any third party claims against LocalWin based on or arising from your violation of the abovementioned actions. We reserve the right to withdraw your access to the LocalWin Web site and services at any time. All information except financial information about Business Owners, or contractors is open to public and for your personal use only. If it is determined or suspected by LocalWin in its sole discretion that you are misusing or attempting to misuse the LocalWin services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming, spamming, or excessively giving links from your listing (more than three links) LocalWin reserves the right, in its sole discretion, to modify the content of your listing or account or immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.


Services will be available within 72 hours of the initial order. However, in some isolated cases, the service availability can take up to 5 days.


i. Free Service
Contact information of Business Owner is collected in order for LocalWin.com to list the business information as identified in our free services. This collected information may be stored on our servers in more than two locations only in the United States. This information will be published on the internet and shared with other Business Owners, Visitors and the Clients. You will receive a membership agreement email which is sent after subscribing to LocalWin.com services. The features for Free Services are provided in the following link at localwin.com.

LocalWin reserves the full rights to change, add to, modify, remove, upgrade the features of, or discontinue free services at any time with or without notice.

ii. Standard Services
Contact information of Business Owner collected in order for LocalWin.com to list the business information as identified in our paid standard services. This collected information may be stored on our servers in more than two locations only in the United States. This information may be kept as identified in the membership agreement which is sent to the Business Owner by email after subscribing to LocalWin.com services. Financial information (such as credit card number, expiration date) is collected from the Business Owner to provide the paid services agreed by the Business Owner. No financial information is shared with any third parties, or affiliates of LocalWin.com.

This information will be published on the internet and shared with other Business Owners, Visitors and the Clients. You will receive a membership agreement email which is sent after subscribing to LocalWin.com services. The features for Standard Services are provided in the following link at localwin.com.

LocalWin reserves the full rights to change, add to, modify, remove, upgrade the features of, or discontinue standard services at any time not before than 30 (thirty) business days after informing all standard service members.

iii. Premium Services
Contact information of Business Owner is collected in order for LocalWin.com to list the business information as identified in our paid premium services. This collected information may be stored on our servers in more than two locations only in the United States. This information may be kept as identified in the membership agreement which is sent to the Business Owner by email after subscribing to LocalWin.com services. Financial information (such as credit card number, expiration date) is collected from the Business Owner to provide the paid services agreed by the Business Owner. No financial information is shared with any third parties, or affiliates of LocalWin.com.

This information will be published on the internet and shared with other Business Owners, Visitors and the Clients. You will receive a membership agreement email which is sent after subscribing to LocalWin.com services. The features for Premium Services are provided in the following link at localwin.com.

LocalWin reserves the full rights to change, add to, modify, remove, upgrade the features of, or discontinue premium services at any time not before than 30 (thirty) business days after informing all premium service members.

VII. Resolution Process

We cannot guarantee the work performed by a listed Business Owner, or contractor, and we have no obligation to you with regard to your relationship with a Business Owner.


VIII. Links
The links in the LocalWin Web site will let you leave LocalWin's Web site. The linked sites are not under the control of LocalWin and LocalWin is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. LocalWin is not responsible for any form of transmission received from any linked site. LocalWin is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LocalWin of the site.


IX. Terms, Termination, Charges and Cancellation

These terms shall be effective for as long as you use the Services. Either you or LocalWin may terminate these terms with or without cause, upon thirty (30) days notice to the other party. LocalWin may terminate Services or your membership immediately if, based on LocalWin's sole judgment, it determines that you have (i) breached Privacy Policy, Terms and Conditions or the Guidelines established for the use of LocalWin Services or Site, (ii) infringed or violated any intellectual property right of LocalWin or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party.

The termination of your membership shall terminate your access to the Services. Neither LocalWin nor any LocalWin Affiliate shall be liable to you or to any third party for termination of the Services for any reason. The termination of your subscription does not relieve you of your obligation to pay any Fees accrued or payable for use of the Services prior to the effective date of termination of your agreement.

You authorize DualVision LLC, namely LocalWin or its agent to automatically bill the credit card you identify, for the initial purchase price and the subscription fees, plus any applicable taxes and other fees, according to the Services subscription payment term you selected during your initial purchase. Monthly, quarterly, 6 months or annual subscriptions can be charged each month on the calendar date corresponding to the date of initial purchase. Localwin has the right to change, update or modify payment intervals or subscription timeframes. All information that you provide to LocalWin must be accurate, complete, and current, and you must be authorized to use the credit card that you identify.

You may cancel your LocalWin subscription at any time by contacting LocalWin via email at support@localwin.com. If you cancel the Services subscription, the Services will be disabled and LocalWin will not be obligated to provide you any service identified in the terms and conditions. You may continue to use LocalWin free services after canceling your subscription.

If you cancel your purchase within the first 30 (thirty) days after your subscription start date, you will receive a full refund of your purchase price. No other refund or partial refund will be made after 30 (thirty) days. You understand and agree that cancellation of your Services subscription is your sole right and remedy with respect to any dispute with LocalWin.

If your credit card is refused or expired at the time of the LocalWin services subscription renewal, the subscription will terminate. You agree to notify LocalWin about any billing problems or discrepancies within 60 (sixty) days after they first appear on your account statement. If you do not bring them to LocalWin’s attention within 60 (sixty) days, you agree that you waive your right to dispute such problems or discrepancies. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution.
 
X. Prices and Price Increases
The price of the services shall be as shown on Localwin Web SIte at the date of the acceptance of the order. However, Localwin reserves the right to make changes to the pricing for any of its services by sending e-mail or other notification of such changes to its clients including but not limited to business owners, contractors, affiliates and partners. If any proposed change is not acceptable, then LocalWin’s clients may terminate the service at any time before the changes take effect an in 15 business days by providing written notice of such termination to Localwin.


XI. Disclaimers
LocalWin uses the following criteria as part of its registration enrollment process ("registration") for new Business Owners, or contractors applying for membership in our LocalWin network. LocalWin review and verify the content of postings and Member information at its Site. You may review each Business Owner’s information including their profile, or their Name as part of membership agreement.

LocalWin confirms at the time of a Business Owners, or contractors registration, that prospective new Business Owners, or contractor members have all applicable required information entered and is accurate, true and current. LocalWin does not make any representations or warranties as to the accuracy or completeness of the information provided by the third party services. You agree that use of LocalWin Services is at your sole risk. The site and the services are provided on an as is basis. LocalWin makes not representations or warranties of any kind.
 
Member Business Owner or contractor information confirmed as described above may change or expire over time. LocalWin attempts to maintain accurate and up-to-date information, and confirms changes when notified, However LocalWin cannot guarantee that information and content provided by Business Owners is accurate all the time. Therefore, we recommend that before working with a Business Owner, or contractor you verify that information presented is still current, valid, and acceptable to you.

LocalWin allows Business Owners, or contractors to post profiles about themselves and their business on the LocalWin Web site. LocalWin does not review or verify the information or representations set forth in those profiles, as they are self-reported by the Business Owner, or contractor. LocalWin does not make any representations or warranties that members are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, LocalWin advises consumers to check these matters for themselves especially at future dates. The above procedures may change from time to time at the sole discretion of LocalWin. LocalWin might start to exercise the use of commercially reasonable methods to check these matters without any notice. LocalWin explicitly disclaim any and all kind of warranties relating to the information obtained from Business Owners, fitness for a particular use, or that information is accurate, current, true or valid.

XII. Indemnification
LocalWin provide its Services and Site to Members, Visitor and Clients (the “All Users”) on the assumption that All Users will act professionally and responsibly. If they do not, All Users must accept full responsibility for their actions.

As a Member, you agree to defend, assure and hold harmless LocalWin or Dualvision LLC, its officers, directors, partners, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from

(i) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity,

(ii) any breach of your covenants under this Agreement,

(iii) your use of the Services or the Site,

(iv) any defamatory, or illegal material contained within Your Content or your information and data,

(v) all conduct and activities occurring under your Member Name and password,

(vi) any third party's access or use of Your Content or your information and data.

LocalWin reserves the right without any obligation, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you. You shall not settle any such claim or liability without the prior written consent of LocalWin.
 
XIII. Severability and Assignment
If any condition of this Agreement or part thereof is held to be invalid, void or unenforceable, the remaining part, sections, or terms shall continue to be in effect and legitimate. Your rights and obligations under these terms and conditions shall not be transferred or assigned directly or indirectly without the prior written consent of LocalWin.

XIV. Consumer Rights and Privacy
If you should have any complaints about LocalWin or Services, or need further information about the Services, contact LocalWin Support at support@localwin.com . If you have question about privacy please review our privacy policy and contact us at support@localwin.com . If you have any questions about general terms and conditions please review terms & conditions and contact us at support@localwin.com .
 
XV. General Provisions, Legal Notice and Jurisdictions
You agree that the LocalWin services are provided to you on an as is basis without any warranty whatsoever, and your sole, and LocalWin's sole obligation to you or any third party for any claim arising out of your use of the LocalWin services or the LocalWin Web site, is that you are free to discontinue your use of the LocalWin services or the LocalWin Web site at any time.
If any condition of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court or competent jurisdiction that condition shall be modified in order to make it enforceable, while preserving the gist of the condition. If modification is not possible, it shall not affect the validity and enforceability of the remaining terms. The failure of LocalWin to exercise or enforce any right or condition of the Terms and Conditions shall not constitute a waiver of such right or condition.


This Site is controlled and operated from the LocalWin offices in Alexandria, Virginia USA. LocalWin has no responsibility or ownership of the content the links provided by Members and LocalWin do not control or operate those links. You agree that all matters arising from or relating to the use and operation of the Site and Services, and these Terms and Conditions shall be governed by the laws of the State of Virginia and the United States of America, without regard to conflicts of laws principles in other states or countries. This Agreement also shall be governed by and construed in accordance with the laws of the State of Virginia and the United States of America. You agree to submit to jurisdiction in Virginia and that any claim arising under these Terms and Conditions will be brought solely in a court in Virginia. The federal and state courts of the State of Virginia located in Alexandria, Virginia USA shall have exclusive jurisdiction to arbitrate any dispute arising out of these Terms and Conditions or arising from or relating to the operation or use of the Site or Services. You are in full agreement of (i) the personal jurisdiction of such courts over you; and (ii) of process by either email or mail sent to the address you provide as part of your membership or submission of your content to LocalWin.


XVI. Notices
Except as explicitly stated otherwise, all notices permitted or required under these terms and conditions shall be by email, to LocalWin at support@localwin.com, and to you at the email address you provide LocalWin during the registration process. Unless the sending party is notified that the email address is invalid, notice shall be deemed given 3 (three) business days after email is sent. Evidence of successful transmission shall be kept. LocalWin may modify the terms of privacy policy and the terms & conditions at its sole discretion by posting modifications on its website or sending messages to members. Your continued use of the Services after notice of modifications constitutes your acceptance and approval of the modifications. If you do not agree to the modifications, you should cancel your membership to the Services and terminate this Agreement in 15 (fifteen) business days after email is sent or announcement has been published on the Site.
 

XVII. Questions, concerns and comments

If you have questions regarding these terms and conditions, have questions, concerns, comments or complaints; you should contact support@localwin.com  by clicking on the link. You should receive acknowledgement of your inquiry in two business days.

LocalWin corporate headquarters are located at:
5216 Claytonshire Ct
Glen Allen, VA 23060


 

   

Copyright © 2005-2008 Localwin.com. All rights reserved.
Privacy Statement | Terms & Conditions
Localwin.com - GoDaddy.com Secure Site Seal Localwin Guarantee Localwin.com - Partner OnGuardOnline.gov Localwin.com - Authorize.net Verified Merchant Localwin.com - Security Verified by Trust Guard