Digital Goods Purchase Agreement
The website www.localview.link is provided by Local View, . By using this website or by placing any purchase orders using the website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, will you be entitled to submit electronic orders. Any violation of the terms will result in termination of your account and no refund of money for any remaining term of the subscription. All agreements between Local View, and customers in connection with the services result in particular from these terms and conditions.
These GTC apply regardless of whether the purchaser is a consumer, business entity or merchant. These terms of service will not be varied for individual customers.
Account Terms
By registering with the website you can access or view the prices, product, and submit purchase orders electronically. You are responsible for using the website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
Payment Terms
Website Development and/or Maintenance
Billing for website services will commence upon the initial meeting and creation of said website and/or website maintenance service. 50% of the initial invoice will be due immediately (only when including website development). The final 50% will be due no later than 15 days after completion of the website. The maintenance (hosting, security, backups, updates, etc.) services, if desired, will be billed monthly following the completion of the website. The renewal of website domains will be billed annually. If only receiving monthly website maintenance, the full amount of the initial invoice will be due upon receipt of invoice and will be billed monthly. Local View, reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. Local View, reserves the right to cancel hosting services at any time.
Local View, may offer a discount on the first monthly maintenance services invoice if the following criteria are met:
- All material for the website (logo, fonts, color codes, page name list, page content, etc.) is received within 5 working days of the initial website development meeting.
- Approval of initial layout and design no more than 3 working days after each client review.
- Access to domain name server (DNS) if website is to be hosted on Local View Web Server
Advertising Services
Billing for advertising services is separate from social media marketing services. Charges can vary based on budget. Advertising services will be billed separately from monthly services. Payment will be due upon the completion of the ad(s). See General Payment Agreement for payment due dates and late penalties.
Reputation Management Services
Billing for reputation management services will commence upon the 1st of the following month of the start of service and will continue to be charged the 1st of each month until termination of service. Local View, must receive 30 days notice, minimum, to terminate service. See General Payment Agreement for payment due dates and late penalties.
Social Media Marketing Services
Billing for social media marketing services will commence upon the 1st of the following month of the start of service and will continue to be charged the 1st of each month until termination of service. Local View, must receive 30 days notice, minimum, to terminate service. See General Payment Agreement for payment due dates and late penalties.
Listings Subscription
Billing for listings subscriptions will commence upon the 1st of the following month of the completion of the listings subscriptions. Local View, must receive 30 days notice, minimum, to terminate service. See General Payment Agreement for payment due dates and late penalties.
SEO Services
Billing for SEO services will commence upon the 1st of the following month of the start of service. Local View, must receive 30 days notice, minimum, to terminate service. See General Payment Agreement for payment due dates and late penalties.
Content Marketing
Billing for content marketing will be billed separately from monthly services, on an as requested basis. Content marketing (blog articles) must be purchased in sets of 12. Option to add content marketing charge to next monthly service bill available. See General Payment Agreement for payment due dates and late penalties.
General Payment Agreement
You agree to pay the full price for all products and services you purchase from the website. We reserve the right to charge extra charges to your credit card for any products and services purchased from the website. You are responsible for the timely payment of all fees and for providing us with a valid credit card for payment of all fees.
Payments are due no later than 15 days after the date of the invoice for all services. Accounts are in default if payment is not received 30 days after the invoice date. If a customer pays by check that does not clear, the customer is immediately in default and subject to a returned check fee of $25. Accounts unpaid 60 days after the date of invoice will be subject to service interruption. Such interruption does not relieve the customer of the obligation to pay the invoice amount. Accounts in default are subject to a 1% interest charge per month on the outstanding balance.
Refund Policy
Since our products are non-tangible irrevocable, digital goods we do not provide a refund once the goods have been purchased.
Price Changes
Local View, reserves the right, at any time to time, to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice. We also reserve the right to change our individual product prices at any time without prior notice.
Cancellation Policy
A request for cancellation of any subscription to a Local View service must be made 30 days in advance. All invoices covering this 30 day period are due and payable upon the date of the cancellation request. A request for cancellation of any subscription to a Local View service without 30 days notice will not result in a refund of all or part of the amounts already paid for such Local View subscription.
Customer agrees that:
- Local View’s cancellation policy will be posted on the Local View website and may be changed from time to time by Local View in its sole discretion
- Cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to the customer.
Notices
Any notice to be given by either party to the other may be sent by email. Emails shall unless the contrary is proved be deemed to be received on the day it was sent.
Service Terms
Customer agrees to provide all content required (copy, articles, photos, graphics, videos, login information, etc.) for the support of Local View, ‘s services. If customer is purchasing Alpha SEO, customer agrees to grant Local View access to Google My Business, Google Analytics, Google Search Console and Website and understands that SEO work cannot begin until this access has been granted.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.
How We Use Cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. Local View, utilizes cookies for the following purposes:
- To create a login session for the customer
- To track items added to the remote and embedded shopping cart.
Electronic Communications
When you visit the website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the website, and all records including notices of cancellation, policies, contracts, and applications.
Licenses
Local View, grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Local View, . You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this website or any portion of this website without the express written consent of Local View, .
You agree not to interrupt or attempt to interrupt the operation of the website in any way.
Local View, authorizes you to view and download the information and materials available on this website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions:
- You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials
- You may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose
- You must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.
Your Obligations
Local View, has the right to terminate a customer’s account without notice if a customer is found to be contravening any of the following terms:
- The customer agrees to not use the Local View services in any manner that is not permitted by this agreement or that violates any law, regulation or statute in an applicable jurisdiction.
- The customer agrees to not upload any harmful file to the Local View services such as, but not limited to, those that contain viruses.
- The customer agrees to not upload or use the Local View services to transfer any work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
- The customer agrees to not upload or use the Local View services to transfer any work or other material or content that is adult in nature. This includes but is not limited to any content containing nudity, or sexually orientated material.
- The customer agrees that they shall be the sole responsible person for their account and as such will not share confidential login details with any other party. If a third party gains access to a customer’s account the customer is solely responsible for the actions of the third party.
- The customer agrees they have the legal capacity and authority to enter into this agreement.
- The customer agrees to provide truthful and accurate information in the course of creating an account to use the Local View services.
- The customer agrees they have the legal right to use the data via the Local View services and that such use does not infringe upon the intellectual property rights of any third party.
Our Obligations
Local View shall use its reasonable endeavors to make the Local View services available to the customer and its customers 100% of the time but because the Local View services is provided by means of computer and telecommunications systems, Local View makes no warranties or representations that the Local View services will be uninterrupted or error-free and Local View shall not, in any event, be liable for interruptions of the Local View services or downtime.
Local View carries out data backups for use by Local View services in the event of systems failure. Local View does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Local View accepts no responsibility for data loss or corruption.
All conditions, terms, representations and warranties that are not expressly stated in this agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Local View shall not be liable to the customer or its customers as a result of any viruses introduced or passed on to the customer or its customers.
Modification of These Terms & Conditions
Local View, reserves the right to change or modify any of the terms contained in these terms of service, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of the digital product(s) will imply your full acceptance of the same. You are therefore responsible for regularly reviewing the terms of service and additional terms or notices posted on the website.
Assignment
Local View may assign or otherwise transfer this agreement at any time.
The customer may not assign or otherwise transfer this agreement or any part of it without Local View’s prior written consent.
Severance
If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.
Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Local View service provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or Local View services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
Term and Termination
This agreement will become effective on the date the Local View services are ordered and shall continue until terminated by either party. Either party may terminate this agreement forthwith if:
- The other party commits a material breach of this agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- The other party commits a material breach of this agreement which cannot be remedied under any circumstances.
On termination all data held in the customers account will be deleted.
Entire Agreement
This agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This agreement may be updated without notice.
Copyrights and Licenses
This website and the entire contents contained on this website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Local View, . All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website or any contents contained on the Website without the prior expressed written consent of Local View, .
Privacy Policy
To protect your privacy we will not distribute any of your details to third parties, unless required to do so by law.
Local View is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the Local View services, then you can be assured that it will only be used in accordance with this privacy statement.
Local View may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
Disputes
Any dispute relating in any way to your visit or access of the website or to the products you purchase through the website shall be submitted to binding arbitration in Snohomish county, Washington. Arbitration under these terms of service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these conditions of use shall be joined to an arbitration involving any other party subject to these conditions of use, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless websites, its members, owners, partners and employees for damages, costs and attorney fees.
Applicable Law
By visiting the website, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these terms of service and any dispute of any sort that might arise between you and Local View, .
Disclaimer of Warranty/Limitation of Liability
This website and related information is provided by the website on an “as is” and “as available” basis. Local View, makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, Local View, disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Local View, does not warrant that this website, its servers, or email sent from the website are free of viruses or other harmful components. Local View, will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Website uses reasonable efforts to include accurate and up-to-date information on this website. Local View, assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, Local View shall have the right to refuse or cancel any orders placed for the product listed incorrectly.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Definitions
In this Agreement the following words and expressions shall have the following meanings:
Customer means the person accessing the website to utilize the Local View services
Website means the web address: www.localview.link or any subdomain of localview.link at which the Local View services are made publicly available
Downtime means any Digital Goods Subscriptions interruption in the availability of the website
Data means any information entered by the customer into the Local View products or services
Virus means a computer program that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the customer’s files or creates a nuisance or annoyance to the customer and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
