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Terms and Conditions
The following terms and conditions are a supplement to the Order placed during the
ordering process between the owners of this directory ("the Directory") and you
("the Advertiser"). The terms and the order are referred to as the agreement.
The agreement shall become effective on receipt of the order from the Advertiser.
1. Terms of Payment - Most orders are placed by the Advertiser by using the online
ordering process. During this process, payments are made at the completion
of the online ordering process. Orders processed manually (such as those for
home page listings), are due prior to the listing appearing in the Directory.
Late payments bear an interest rate of 1.5% per month or the highest rate permitted
by law, if less. If the Advertiser disputes any charge, they must notify the
owners of the Directory in writing within 30 days from the date of the Order or
the Original invoice. Failure to notify the owners of the Directory shall
result in waiver of claim against the owners of the Directory.
2. Renewal - Renewal of order or additional advertising conditions shall be of mutual
agreement between the parties in order to be deemed valid.
3. Advertisor Representations - The Advertisor represents and warrants that materials
and content provided through this directory and website content and materials linked
to do not violate any applicable law, ordinance, regulation, or third party right.
The Advertisor acknowledges the owners of the Directory has no responsibility to
review the advertisors material and content. The Advertisor will provide all
materials and content in accordance with the terms and conditions and the Directory's
policies in effect, not limited to policies regarding transmission to the Directory
and the time prior to advertising. The advertiser must provide complete content
and materials including logo graphics, advertising description, banner ad text in
a format that complies with the standards and policies of the directory. In
the event the Advertisor fails to provide the proper listing materials, the owners
of the Directory shall have the right to suspend the Advertiser's listing until
such a time the Advertisor provides the listing materials. The owners of the
Directory shall also have the right to creation and editing of the listing materials.
The owners of the Directory shall have the right to reject any listing material
or listing that it deems inappropriate.
4. Use of Data - Subject to applicable law, the owners of the Directory shall have
the right to use the data collected by this directory system and the ordering process
for any purpose related to the Directory's business. Owners of the Directory
shall have the right to disclose data for purposes of court order, law, or government
agency.
5. Privacy - The Directory shall not disclose the data collected for the purposes
of this Directory to third parties outside the purposes of operating the business
of this Directory. The data is kept secure in a secure hosting location.
The Advertisor's personal and sensitive information is kept safe and is not disclosed
to third parties outside of the ordering process and the business of this Directory.
6. Limitation of Liability - THE DIRECTORY'S SERVICES AND SOFTWARE ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE AND ALL WARRANTIES RELATING TO THE RESULTS
OF ADVERTISING PURCHASED HEREUNDER. EXCEPT FOR ADVERTISER'S INDEMNIFICATION
OBLIGATIONS SET FORTH IN SECTION 7, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED
THE TOTAL AMOUNT PAID TO THE OWNERS OF THE DIRECTORY BY ADVERTISER HEREUNDER.
The owners of the Directory shall not be liable for the contents of any advertisements
or web sites. In the event the owners of the Directory fail to display any
listing in accordance to the order placed by the Advertiser (or in the event of
any other failure, technical or otherwise), the sole liability of the owners of
the Directory shall be placement of "make good" advertising during a reasonable
time period thereafter. Except for obligations arising under Section 7 as
a result of a third party claim, in no event shall either party be responsible for
any indirect, incidental, consequential, special, lost profits, or exemplary damages
arising from any aspect of the advertising relationship provided herein. Without
limiting the foregoing, the owners of the Directory shall have no liability for
any failure or delay resulting from conditions beyond the owners of the Directory's
control.
7. Indemnification - (a) Each party (each, in such capacity, the "Indemnifying Party")
shall indemnify the other party and its respective officers, directors, employees
and agents, from and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, arising or resulting from a breach by the
Indemnifying Party of this Agreement or of any representation, warranty, covenant
or agreement contained herein.
(b) Advertiser agrees to indemnify and hold the Directory's officers, directors,
agents, website affiliates and employees harmless against any and all damages incurred
by them in connection with any claim of any kind arising out of or relating to (a)
publication or use of any material or content supplied by or approved by Advertiser
for use hereunder (including, without limitation, any claim of trademark or copyright
infringement, libel, defamation, breach of confidentiality, false or deceptive advertising
or sales practices, consumer fraud, product liability, tort, breach of contract,
injury, damage or harm of any kind to any person or entity); or (b) any material
to which users can link through such materials or content.
c) Any claim for indemnification hereunder shall be further subject to the following
provisions: (x) the indemnifying party shall be given written notice of the claim
within 15 days of receipt of the demand by the indemnified party; (y) the indemnifying
party shall have the right to control the defense and all negotiations relative
to the settlement of any such claim; and (z) the indemnified party shall reasonably
cooperate with the indemnifying party and its counsel.
8. Visitor Representations - A "Visitor" being a party in search of an Internet
provider of services such as Graphics artist, web designer and the like. The
Visitor acknowledges the owners of the Directory has no responsibility to review
the advertisors material and content. The Visitor also acknowledges that the
owners of the Directory do not assert any claim to the legality or appropriateness
of the content linked to or associated by this Directory. This Directory is
editable in real time by various Advertisors and the Visitor shall not expect the
owners of this directory to be liable for any content or material found in the Listings
of this directory.
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