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Products and Services are provided by ExactSeek.com,
and are sold by PayPal.com Inc., StormPay Inc. or 2CheckOut.com to ensure
the safety of your credit card information.
Terms and Conditions
1 - ACCEPTANCE
OF SERVICE AGREEMENT
1.1 - By applying for an ExactSeek Featured Listing you agree
to the Terms and Conditions set out in this document. You also
agree to provide complete and accurate information including
a valid email address and other contact/billing information
as requested in the in the registration form.
1.2 - ExactSeek reserves the right to alter, add to or remove
parts of this agreement at any time.
2- DESCRIPTION
OF SERVICE
2.1 - An ExactSeek Featured Listing is a fee-based service provided
by ExactSeek to consider your site for inclusion into the ExactSeek
Featured Listing Section under a specific Keyword or Keyword
Phrase for a period of 3 or 12 months. StormPay purchases will have their terms measured in days with a month considered to be 30 days. Inclusion in the Featured
Listing Section is not guaranteed and is subject to the inclusion
rules stated in Section 3 (SITE CRITERIA) of this agreement.
2.2 - The fee for consideration of a Featured
Listing is NON-REFUNDABLE and DOES NOT GUARANTEE THAT YOUR SITE
WILL BE INCLUDED.
2.3 - The fee for consideration WILL NOT
BE REFUNDED if your site is rejected due to content.
2.4 - The number of
Featured Listings allowed for any given Keyword or Keyword Phrase
is limited and therefore the selection of a particular Keyword
or Keyword Phrase may not be available. Your fee WILL NOT BE
REFUNDED if the Keyword or Keyword Phrase you selected is not
available. However, you may select a different one.
2.5 - The fee is
a recurring fee that will be charged again at the end of the
term you have selected, unless we have been notified that you
wish to cancel the recurring billing.
2.6 - Future renewals of your featured listing(s)
can be cancelled at any time from your member interface, however
such cancellations must be made at least 5 business days before
the next renewal date or you will be charged for your next term
and your listing will remain active until that date.
2.7 - We strongly discourage using a PayPal account that is tied to a bank account instead of a credit card. We are not responsible for any banking fees or overdraft fees that you may be charged due to insufficient funds in the account tied to your PayPal account.
3- SITE CRITERIA
3.1 - ExactSeek will reject any submission, and your fee for
consideration WILL NOT BE REFUNDED, for any websites that are
determined by ExactSeek to include content, services or products
that are:
3.2 - ExactSeek will reject any
submission, and your fee for consideration WILL NOT BE REFUNDED,
for any website whose URL, as submitted, is unreachable.
3.3 - ExactSeek
reserves the right to consider other criteria for accepting
or rejecting a site.
4- LISTING
OF SITES
4.1 - ExactSeek reserves the right to determine how, where and
when the accepted Featured Listings are displayed in our Search
Results.
4.2 - ExactSeek
also reserves the right to remove, or edit the Title and/or
Description of any Featured Listing, for any reason, including
but not limited to the above Site Criteria.
5- SERVICES
AND CONDITIONS OF USE
5.1 - By using the service, you agree that you will not attempt
to undermine the integrity of this web site.
6- LIMITATION
OF LIABILITY AND WARRANTY
6.1 - CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT
CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE
SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED
TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE.
SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING
WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS
OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.2 - THIS DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY
ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
6.3 - NEITHER THE SERVICE NOR ANY OF ITS
AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS
TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON THE SERVICE.
7- TRADEMARKS
7.1 - All trademarks appearing on the service are trademarks
of their respective owners.