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ThinkLocal® Terms of Use
Terms of Use
Welcome to ThinkLocal® (the "Site"), owned and operated by MultiMedia Midwest LLC ("Multimedia"), a subsidiary of Network Solutions, LLC. Multimedia maintains this Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Multimedia reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

Opting-In from Your Network Solutions Account
If you are a Network Solutions customer and you have elected to be listed on ThinkLocal® from your Account Manager, you agree that Network Solutions may forward your e-mail address and other account information that you provide to Multimedia to create your Thinklocal account.

Permitted Uses
You may view, download, and print content from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Multimedia without the express written consent of Multimedia. You may not use any meta tags or any other "hidden text" utilizing Multimedia's name or trademarks (including but not limited to ThinkLocal and MonsterCommerce) without the express written consent of Multimedia. You may not use any Multimedia "Monster" logo or other proprietary graphic or trademark as part of the link without express written permission. You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Multimedia.

Copyright Information
The Site and the content within the Site are the property of Multimedia or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Multimedia. Multimedia reserves all rights in the Site and its content not specifically granted in any agreements with Multimedia or in the Terms of Use.

Copyright Complaints
Multimedia respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act

If you believe that you hold a claim of copyright infringement against Multimedia, LLC, submit notice of your claim to the following Designated Agent:
Service Provider:Network Solutions, LLC
Designated Agent:  Linda L. Larsen
Address to Which Notification Should Be Sent:
13861 Sunrise Valley Drive, Herndon, Va 20171

Telephone Number:  1-703-668-5615
Facsimile Number:  1-703-668-5959
E-Mail: dmca@networksolutions.com

Third Party Web Sites and Information
The Site may provide hyperlinks to third party websites or access to third party content. Multimedia does not control, endorse, or guarantee content found in such sites. You agree that Multimedia is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Multimedia shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

Disclaimer
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND MULTIMEDIA, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MULTIMEDIA AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY MULTIMEDIA ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. MULTIMEDIA DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND MULTIMEDIA, MULTIMEDIA, ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF MULTIMEDIA, ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity
You agree to defend, indemnify, and hold harmless Multimedia, its parent, subsidiary and affiliated companies, employees, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from content you supply.

Applicable Laws
All matters relating to your access to and use of the Site shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in Fairfax County or the Eastern District (Alexandria Division) of Virginia. If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

Contact Information
If you have any questions regarding any listing information or inclusion in ThinkLocal, please email us at at service@thinklocal.com.

If you have any questions regarding these Term of Use, please contact Network Solutions at webmaster@networksolutions.com.

TERMS OF BUSINESS LISTING MODIFICATIONS
ThinkLocal, gives business owners the opportunity to edit important and helpful information related to their company. While we encourage business owners to regularly update their listing and provide information, we ask that in order to edit any business listing, you follow these guidelines:
  1. Create a user account and follow the sign up process to create a new listing or edit an existing listing. Upon creating a user account, it is required that you provide accurate personal contact information within your account and do not provide information that falsely identifies you in any way.
  2. It is required that you do not falsely identify yourself as the rightful owner of any business that is not truly under your ownership. You must submit valid and correct owner information with your business listing. MultiMedia Midwest reserves the right to deactivate and remove any business listing or account due to fraud or false ownership representation.
  3. Read all information to insure that it is accurate and to make sure that it is fully descriptive of your business. Any misleading or incorrect information may be subject to immediate removal.
  4. Do not post any content that is illegal, obscene, threatening, defamatory, infringing of intellectual property rights, or otherwise objectionable to any party. Multimedia Midwest has the right, but not the duty or obligation (and Multimedia does not assume any duty or obligation), to monitor any activity, review, or listing information posted to its website.

Upon meeting the above guidelines, you will gain the ability to manage your business listing(s) via the ThinkLocal Customer Account Manager. You can log in to the Account Manager using the login credentials you created upon setting up the account.

BUSINESS OWNERSHIP DISPUTE POLICY
MultiMedia Midwest does not assume any duty or obligation to ensure that any business ownership information provided to them is accurate and valid. MultiMedia Midwest will not be held liable for any damages due to misrepresentation of business ownership. Should any ownership dispute arise, we do provide a method to enable our users to contact one another in an attempt for each party to resolve the dispute in a fashion that is suitable to the individual entities. MultiMedia will not involve itself with any disputes over ownership, with the exception of providing a medium of communication for the individual parties to contact one another. By following the "Under Management" link, you can directly contact the party, via e-mail, who has claimed ownership and editing rights to the business listing. We reserve the right to deactivate any listing with ownership disputes and/or strip you of your ability to manage that business listing at our sole discretion.

TERMS OF PAYMENT, CANCELLATION, AND REFUNDS
As consideration for the services you purchased, you agree to pay MultiMedia the applicable service fee(s) set forth on our Web site at the time of your selection or, if applicable, upon receipt of your invoice from MultiMedia. All payments of fees for MultiMedia services shall be made in U.S. dollars.

Payments: All fees are due immediately and are non-refundable, except as otherwise expressly noted in this Agreement. We may provide you with an opportunity to "opt in" to our automatic renewal process in accordance with the instructions (and subject to your agreement to the terms and conditions pertaining to that process) on our Web site. You agree that if you use of our auto-renew service, we will attempt to renew your service approximately every thirty (30) days, for the same term then-currently in place for the service, and at the then-current price for the service. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then-current term of the service, and that we are authorized to charge your credit card on file for the renewal of the service(s). In any event, you are solely responsible for the credit card information you provide to MultiMedia and must promptly inform MultiMedia of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the services are renewed. MultiMedia shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. In order to process a renewal under our auto-renew service, we may use third-party vendors for the purpose of updating the expiration date and account number of your credit card on file. Such third-party vendors maintain relationships with various credit card issuers and may be able to provide us with the updated expiration date and account number for your credit card by comparing the information we have on file with the information the third-party has on file. By selecting our auto-renew service, you acknowledge and agree that we may share your credit card information with such a third-party vendor for the purpose of obtaining any update to your credit card expiration date and account number. you agree to pay all value added, sales and other taxes (other than taxes based on MultiMedia income) related to MultiMedia services or payments made by you hereunder. Any renewal of your services with us is subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal.

Pricing: We reserve the right to modify or change the pricing of packages at our discretion. Pricing is derived from an arbitrary set of factors determined solely by MultiMedia, that can be modified at any time. We will provide written notice to you upon a change in pricing that affects the amount you are billed for the service that we provide. Discount codes may also be offered as an incentive to purchase. Use of any discount code must abide by the instructions provided upon its receipt. We reserve the right to reject any submitted discount code at any time at our sole discretion.

Package Inventory and Display: We reserve the right to offer a limited inventory of Enhanced Listing packages based off of Geographic and Business Category criteria. We reserve the right to change or modify the amount of inventory available for any given Enhanced Listing package, at our discretion. Additionally, the Enhanced Listings will display in the search results based off of a search algorithm developed by MultiMedia. We reserve the right to change or modify the display of the Enhanced Listings, as well as the search algorithm that controls the results, at our sole discretion.

Credit Card Failures: If your credit card fails during the auto-renew of your package, you will receive a message both in the Account Manager and via e-mail notifying you to update your credit card information. If the billing information is not updated within 5 days, the listing will be deactivated, and you forfeit your listing placement, putting that package back on the market for possible purchase. To regain an Enhanced Listing package once it has been deactivated, it is required that you to go through the package set up and purchase process once again. We make no guarantees that the Enhanced Listing package you forfeited will be available for purchase once again.

Upgrades and Downgrades: An upgrade or downgrade of an existing paid package can take place at anytime within the billing cycle with the exception of the last two days prior to the rollover of the next billing date. If the upgrade/downgrade occurs within the first 5 days of the billing cycle, your package will be adjusted for that current month as well as the immediate adjustment of the price paid for the current month. If the change happens mid billing cycle, we will defer the payment and package update until the rollover of the next billing cycle. Upon any change of a package, the new price will be held to the same auto-renew terms listed above.

Cancellation: We reserve the right to cancel any Enhanced Listing Package at our sole discretion. To cancel your Enhanced Listing Package, you must utilize the proper cancellation channel located within your Account Manager. If the initial cancellation request was made within the first 5 days of the last billing date, your listing will be deactivated within 24 hours and you will receive a refund for the package amount for the current month. If the cancel request is initiated mid-billing cycle (past the 5 day period from your last billing date) then you will not receive a refund for that month's service fee. You will not be charged again and your Enhanced Listing Package will remain active until the rollover of your next billing date. NOTE: Upon a cancellation of a paid listing, the free basic listing will remain active. The cancellation only applies to the paid listing.

Refund: A full refund will be given if a cancellation is requested within 5 days of your most recent billing cycle. If a cancellation request comes in after that date, no refund will be given. The listing will remain active until the next billing date at which point the paid listing will be deactivated and you will not be charged for that package again.

TERMS OF REVIEW SUBMISSION
ThinkLocal welcomes your opinions and reviews on restaurants, shops, businesses, and product and services offerings offered by our ThinkLocal merchants. While we appreciate your time and valuable comments, we respectfully request that you please follow the following guidelines when writing your online reviews:
  1. Limit the length of your "Title", "Pros" and "Cons" to a maximum of 128 characters. Limit the length of your comments to a maximum of 250 words. Shorter reviews are more easily read by users.
  2. Be descriptive; the best reviews include not only whether you liked or disliked a product or service, but also why. When possible, mention similar businesses in the same channels of trade and explain how the business's products and or service rates in comparison to others.
  3. Proofread the content of your review carefully to make sure you have no spelling or grammatical errors. "Typos" give a poor impression and make you, the reviewer, seem less credible.
  4. Do not post any content in your review that is illegal, obscene, false, threatening, defamatory, hateful, harassing, pornographic, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or otherwise objectionable. Your review does not have to be positive but it should not be vulgar or spiteful. Multimedia Midwest has the right, but not the duty or obligation (and Multimedia Midwest does not assume any duty or obligation), to monitor and edit or remove any activity, review, or content posted to its website.
  5. Submit a valid e-mail address with your review. However, you can choose not to display your e-mail address if you do not want others to have access to it.
  6. Do not plagiarize or duplicate another review. There must at least a 75 word difference between two reviews.

OUR DISCLAIMER OF LIABILITY; YOUR OBLIGATION OF INDEMNITY
Multimedia Midwest takes no responsibility and assumes no liability for any content posted by you or any third party. By submitting any review and/or business listing modifications, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Policy and will not cause injury to any person or entity; and that you will indemnify Multimedia, its officers, directors, employees, subsidiaries, and affiliates for all claims resulting from the publication of the content you supply to our website. This search service is intended to be a helpful tool in locating certain businesses, but we do not claim that all information posted on our site is entirely accurate and we are not responsible for any posted information that is found to be false or incorrect. Additionally, should a party provide false information to us concerning a business listing, that party's ownership or association with a business listing, or other matter, Multimedia Midwest, LLC is not liable for any damages or losses as a result of any incorrect information related to any business listing through this site.

LICENSE TO USE
You grant Multimedia Midwest, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display all content posted by you throughout the world in any media. In addition, you grant Multimedia and its affiliates the right to use the name that you submit in connection with such content.

CHANGES AND OTHER TERMS
MultiMedia Midwest, LLC reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to its Site or server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions. MultiMedia reserves the right to change any of the terms of this Terms of Use (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this Site periodically to be aware of and review any such changes. Changes to these Terms of Use will be effective upon posting. By continuing to use this Site after changes are posted, you accept the changes and agree to them.
 
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