1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.1 The ‘I Found It Here . com’ Directory Submit Service (‘I Found It Here . com’ Directory Submit or the "Service"), owned and operated by ‘I Found It Here . com’ is provided to you ("you" or "Applicant") under the terms and conditions of this ‘I Found It Here . com’ Service Agreement (the "Agreement").
1.2 BY COMPLETING THE SERVICE REGISTRATION FORM AND SIGNING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1.3 ‘I Found It Here . com’ reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often (Online at iFoundItHere.com)
2.0 DESCRIPTION OF ‘I FOUND IT HERE . COM’ DIRECTORY SUBMIT SERVICE
2.1 ‘I Found It Here . com’ Directory Submit is a fee-based service that allows you to pay for expedited consideration of your web site and/or business for possible inclusion in ‘I Found It Here .com’s directory of web sites (the "Business Directory"). Inclusion in the Business Directory is guaranteed upon verification of your business and/or your business website. Subject to the terms below, and in ‘I Found It Here . com's sole discretion, if your web site is accepted for inclusion in the Directory through ‘I Found It Here . com’ on or after (Today’s Date: _______________, then your web site's continued inclusion in the Directory will be subject to an additional review each month, recurring monthly billing fee ("Recurring Monthly Fee"). When you submit through ‘I Found It Here . com’ Directory Submit, ‘I Found It Here . com’s directory team will review your site for compliance with minimum site criteria (see section 3.0 below) and respond to your request for inclusion in the Directory on an expedited basis. In consideration of your payment and participation in ‘I Found It Here . com’ Business Directory Submit in accordance with this Agreement, ‘I Found It Here . com’ agrees that its directory team will review your site for possible inclusion in the Directory, and respond to you within seven (7) business days from the date that you submit your site for consideration along with the payment (excluding holiday periods observed by ‘I Found It Here . com’ and any delays due to problems processing your request). Response times are measured on ‘I Found It Here . com’s mail servers.
2.2 In order for ‘I Found It Here . com’ to consider your site for inclusion in the Business Directory, you must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the then-current, applicable fee for listing your business. If your site/business is included, you agree that each month, your site will be subject to an additional review for minimum site criteria and your credit card will be charged the same Monthly Fee to remain on the 'I Found It Here . com' Business Directory. ‘I Found It Here . com’ reserves the right to remove your site from the Directory for any reason, in our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below or failure to pay the monthly fee that was established when the listing was created.
2.3 If your site offers services on a subscription basis, you must provide ‘I Found It Here . com’ a trial password or subscription ID as part of the registration form. The password/subscription ID will be used by ‘I Found It Here . com’ solely as part of its evaluation of whether your site meets and maintains the minimum site criteria explained below.
2.4 YOUR REPRESENTATIONS REGARDING YOUR SITE
You represent and warrant that the site you are submitting for consideration does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the site submitted for consideration comply with all applicable laws and regulations.
3.0 MINIMUM SITE CRITERIA
3.1 All web sites submitted to ‘I Found It Here . com’ Business Directory Submit must meet the following minimum criteria:
If the site is a commercial web site, the official business name must be visible to any visitor to that site;
The site must clearly define its purpose, products, and/or services;
If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site;
The site must be in the English language (or have an English version available);
The site must be up and running 24 hours a day, 7 days a week;
The page may not give the search engine different content than what the end-user sees.
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND ‘I FOUND IT HERE . COM’, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A SITE.
4.0 SELECTION AND LISTING OF SITES
4.1 ‘I Found It Here . com’ reserves the right to decide whether, where, and how a site/business is listed in the Directory. If ‘I Found It Here . com’ accepts your site/business for inclusion in the Directory, ‘I Found It Here . com’ will consider your preferences, but reserves the right to list your site/business in any category or subcategory as ‘I Found It Here . com’ deems appropriate, in its sole discretion. ‘I Found It Here . com’ reserves the right not to include any specific keywords, comments, or annotations with the listing of a site/business in the Directory.
4.2 ‘I Found It Here . com’ also reserves the right, in its sole discretion, to remove your site from the Business Directory, move the business listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.
4.3 Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Business Directory, including the method and timing of such announcements, must be approved in advance by ‘I Found It Here . com’ in writing. ‘I Found It Here . com’ reserves the right to withhold approval of any public announcement in its sole discretion.
6.1 If you wish to terminate participation in the ‘I Found It Here . com’ Business Directory you must send a notice to 'I Found It Here . com' as set forth in Section 11,"Notices," below. Please state that you wish to terminate your Business/Website inclusion in the ‘I Found It Here . com’ Business Directory and from ‘I Found It Here . com’ Business Directory Submit. To avoid your credit card being billed for the Recurring Monthly Fee, requests for termination must be received by ‘I Found It Here . com’ at least seven (7) business days before the next months billing. Once ‘I Found It Here . com’ receives such notification from you, your participation in the ‘I Found It Here . com’ Business Directory will cease and your listing will be removed at the end of the billed month. If you choose to re-sign up at a later time and the pricing has changed at 'I Found It Here . com' you will be responsible to pay the new monthly pricing. We provide a monthly service, there are no refunds or money back guarantee for the past months you have been billed since we provided your company with the service of displaying your 'Business Profile Page' on the 'ifoundithere.com' Directory.
7.0 APPLICANT PRIVACY
7.1 ‘I Found It Here . com’ maintains information about Applicant on ‘I Found It Here . com’ servers, including but not limited to Applicant's registration information. Applicant agrees that ‘I Found It Here . com’ may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that ‘I Found It Here . com’ may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of ‘I Found It Here . com’ or others; provided, however, that nothing in this section shall impose a duty on ‘I Found It Here . com’ to make any such disclosures.
7.2 ‘I Found It Here . com’ may contact Applicant regarding ‘I Found It Here . com’ Business Directory using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from ‘I Found It Here . com's’ advertisers.
Applicant agrees to indemnify, defend and hold harmless ‘I Found It Here . com’, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. ‘I Found It Here . com’ reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.
9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
9.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9.2 ‘I FOUND IT HERE . COM’, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOOD WILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF ‘I FOUND IT HERE . COM’ IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, ‘I FOUND IT HERE . COM'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR ‘I FOUND IT HERE’'S CONTINUED LISTING OF A SITE IN THE DIRECTORY.
9.3 ‘I FOUND IT HERE . COM’S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO ‘I FOUND IT HERE . COM’ UNDER THIS AGREEMENT.
10.0 FORCE MAJEURE
10.1 ‘I Found It Here . com’ is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
11.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to ‘I Found It Here . com’, such notices shall be addressed to firstname.lastname@example.org or to ‘I Found It Here . com’ Business Directory at
12.0 ENTIRE AGREEMENT
13.1 The Agreement and the relationship between Applicant and ‘I Found It Here’ are governed by the laws of the state of
13.2 The section titles in the Agreement are for convenience only and have no legal or contractual effect.