THE TERMS AND CONDITIONS HEREIN, CONSTITUTE THE AGREEMENT ("Agreement") APPLICABLE TO THE LEAD GENERATION AND REFERRAL SERVICES AMONGST YOU ("Customer", "you" or "your") AND MASSIVE MARKETING, LLC (Web Firm Finder, webfirmfinder.com, the "Company", "us", "we" or "our"). BY ORDERING AND ACCEPTING THE SERVICES, THE CUSTOMER AGREES TO THE FOLLOWING TERMS AND CONDITIONS.
YOU MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM COMPANY, OR ITS PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS THEN YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT. TERMS AND CONDITIONS FOR ALL OF OUR SERVICES CAN BE FOUND ON: http://www.webfirmfinder.com/terms-conditions.php.
Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether any such changes apply to either existing or future customers. Company may make changes or modifications to referenced policies or guidelines without notice to you. Your continued use of the Services following Company's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Entry into Company's Database. Company will provide you with the following Services (the "Services"): Customer will submit on the Company Website information regarding the products and services required, in addition to the Customer contact information. After inclusion of the (“Entry”) in the Customer database, Company, in its sole discretion, will forward contact information to local suppliers that Company determines relevant to the Customer. No more than 3 suppliers will receive each Entry of information supplied by the Customer
Company shall have the right to carry out a screening process to verify the validity of the Customer information. That may include, but not be limited to, identification verification and Better Business Bureau or other consumer protection related, reports of the Customer. Company reserves the right to refuse any such request or to cancel any Entry for any reason, including, but not limited to, Customer's failure to provide sufficient or satisfactory information to create an Entry, Customer's failure to pass Company's screening process, or Customer's failure to fulfill the obligations set forth in this Agreement. The Customer agrees to provide true, accurate, current, and complete information about the Customer's business as requested by Company when submitting information for the Entry.
2. Payment for Services. This is a free service for all Customers submitting Entries to find a web firm.
3. Representations and Warranties. Customer represents and warrants that (1) all of the information provided to Company is current, truthful and not misleading or fraudulent, (2) the Customer is, pursuant to any applicable federal or state law, regulation or licensing requirement, authorized to provide the information included in the Customer's Entry.
4. Indemnification. Customer shall defend, indemnify and hold harmless Company, its affiliates and subsidiaries, and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the "Indemnities"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys' fees and costs) which any of the Indemnities may suffer, incur or sustain resulting from or arising out of (i) Customer's breach of any representation, warranty, or covenant contained in this Agreement, (ii) services provided, or not provided, by the Customer to any third party as a result of accepting the Services, (iii) claims or actions of third parties alleging unfair or deceptive trade practices or false advertising in connection with statements or claims made by Customer in connection with the Services or Customer's acceptance of the Services, (iv) any claim or action or dispute between Customer and any third party in connection with the Services or Customer's acceptance of the Services (including, but not limited to, Customer's work performed for any third party as a result of accepting the Services, or any third party's payment or failure to pay for Customer's services). This provision shall survive the termination of this Agreement.
5. Disclaimers. Company makes no express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to any information or services provided through any communications, including but not limited to, the Website, email, phone or fax.
Company is not involved in any actual transactions between Customer and local companies who will receive Entries. As a result, Company has no control over the ability of Customer to purchase services or qualify for financing or any other form of credit. Company cannot and does not control whether or not Company and Web Firm Finder’s local companies will do business or fulfill any obligations. Customer will be able to communicate directly with local companies before any transaction is complete. In the event a Customer has a dispute with one or more local web firms, the Customer Releases Company and its agents and employees from claims, demands, and damages arising out of or in any way connected with that dispute.
6. Intellectual Property. Company's trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Company. Except as otherwise provided in the Agreement, Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Company.
Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Referrer sends to Company relating to the Services will be treated as being non-confidential and non-proprietary. Company may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
7. Limitation of Liability. COMPANY'S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO COMPANY DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. COMPANY SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY DAMAGES CAUSED BY ANY ONLINE SERVICE, QUOTE PROVIDED BY THE CUSTOMER TO A LEAD, TRANSMISSION, COMMUNICATIONS OR COMPUTER SYSTEM FAILURE OR (C) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, REVENUES OR PROFITS OR THE COST OF OTHER FORMS OF ADVERTISING ), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, COMPANY WOULD NOT ENTER INTO THIS AGREEMENT.
8. Agencies and Partnership. The Customer and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between Customer and Company. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.
9. Governing Law. This Agreement shall be governed by the laws of the State of Florida, without giving effect to principles of conflict of laws contained herein. Customer agrees that any judicial proceeding for the breach of or enforcement at law or equity of this Agreement or any provision hereof shall be instituted only in a federal or state court of competent jurisdiction of Broward County and the State of Florida, and Customer consents to the jurisdiction of such court, and waives the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or to seek a change of venue. This Agreement constitutes the entire agreement of the parties relative to its subject matter, and shall not be waived, modified, or supplemented in whole or in part except in a writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
10. Force and Effect. Any failure by Company to enforce any of its rights under this Agreement or any applicable laws shall not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Customer, Company, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect.
11. Entire Agreement. This Agreement constitutes the entire agreement of the parties relative to its subject matter. Customer may not waive, modify or supplement, this Agreement in whole or in part, except for written permission or amendment by Company. Company reserves the right to unilaterally modify and revise this Agreement from time to time. Such modifications or revisions shall be provided to Customer via the Notice provisions set forth in Section 13 herein, and Customer shall be deemed to have accepted, and to be apprised of and bound by, any such modifications or revisions to this Agreement, and may only reject such modifications or revisions by canceling this Agreement.
12. Notice. Notice to Customer shall be deemed effective when a) sent via e-mail to the last known Customer contact e-mail address, or to the last known Customer fax number, or when deposited in first-class U.S. mail with sufficient postage attached addressed to the last known Customer mailing address or b) posted at http://www.webfirmfinder.com/terms-conditions.php, as updated from time to time. Notices required to be given by Customer may be made by calling Company's customer service support.
13. Termination. Company may terminate the Agreement at any time upon Notice to Customer. Such cancellation will be effective upon Notice to Customer in accordance with Section 13 herein. At any time after the initial term of the Agreement, if any, Customer may terminate this Agreement upon thirty (30) days Notice to Company in accordance with Section 13 herein.
14. Prohibited Transactions. Customer is not, nor is Customer acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control ("OFAC"). In addition, Customer is not, nor is Customer acting on behalf of any person or entity that is, a Specially Designated National ("SDN"), as OFAC may so designate from time to time. In addition to all other rights and remedies available to Company under this Agreement, and at law and in equity, Customer's breach of this section shall result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Customer under this Agreement.
15. Assignment; Successors. Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.