(POSTED JANUARY 27, 2014. EFFECTIVE IMMEDIATELY FOR USERS WHO ADVERTISE WITH DISASTER411.COM ON OR AFTER JANUARY 27, 2014 AND FOR USERS WHO HAVE ADVERTISED WITH DISASTER411.COM PRIOR TO JANUARY 27, 2014. SUPERSEDES ALL PREVIOUS VERSIONS OF THE DISASTER411.COM ADVERTISING | TERMS AND CONDITIONS.)
This “Agreement”, contains all of the Terms and Conditions between DISASTER411.com or DISASTER411, LLC (“DISASTER411”) and You as a Service Provider (as defined below). Please read this Agreement before submitting a Service Directory Profile and advertising on the Site as a Service Provider. By advertising as a Service Provider on the Site, You hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement, do not use the Site as a Service Provider. The Terms and Conditions of this Agreement are subject to change by DISASTER411.com at any time, effective upon posting on the Site, and your participation after such posting will constitute acceptance by you of such changes.
DISASTER411.com provides certain information from approved service providers (“Service Providers”, “You”, or “Your Business”) and presents such information to interested users (“Users”) of the Site, as appropriate in its sole discretion, which may include in search results and otherwise.
1. Directory Listing
The Directory Listing. By advertising as a Service Provider, You authorize DISASTER411.com to publish certain information (“Content”) about Your Business, submitted by You in the submission process or thereafter, on the Site in the form of a directory listing (“Listing”). DISASTER411.com reserves the right to refuse any request for a Listing or to cancel any Listing for any reason, including but not limited to the failure to fulfill the obligations set forth in this Agreement, or for no reason. By submitting Content to the Site You automatically grant, and You represent and warrant that You have the right to grant, to DISASTER411.com, its affiliates, licensees and successors, during the term of this relationship, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing, in each case: (i) for the purposes of identifying You to Users, identifying You on the applicable service category pages of the Site, or otherwise fulfilling DISASTER411.com’s obligations hereunder, (ii) to promote and market the Site and Your representation thereon, and (iii) for purposes otherwise expressly approved in advance, in writing, by You. You further represent and warrant that public posting and use of Your Content by DISASTER411.com will not infringe or violate the rights of any third party.
Directory Listing Contents. The Listing will contain information You provide to DISASTER411.com. You agree to provide true, accurate, current and complete information about Your Business and Your Products or Services. Failure to provide information in such manner may result in DISASTER411.com suspending or terminating Your Listing. The Listing will appear in the eligible service category areas of the Site selected in the submission process, and will be in a style and format consistent with other similar Listings in those areas. DISASTER411.com reserves the right to change the style, form, content and appearance of the Site at any time. You agree to maintain the accuracy of information contained in Your Listing, along with maintaining any required professional licensing to be actively in good standing. If any information included in your Listing is or becomes inaccurate, you will promptly update Your Listing and notify DISASTER411.com through email to Support@DISASTER411.com. The Listing and any changes thereto are subject to approval by DISASTER411.com. Certain changes that You make to Your Listing may require review by DISASTER411.com prior to posting, which review will be performed within five (5) business days of submission. If such changes are approved, they will be promptly reflected in your Listing. If they are declined, DISASTER411.com will notify you as to the reason for the rejection and provide You an opportunity to revise and re-submit them.
DISASTER411.com Users are encouraged to research Service Providers on their own before contacting the Service Provider of their choice. Therefore, Premium “Featured” and “SHOWCASE” Listings will likely include hyperlinks within their profiles to public information reporting sites for the User to review such as the Better Business Bureau and Federal, State, County, or City Governing Agencies which may regulate licensing activity pertaining to insurance, financial, general contracting, and service trade professionals. DISASTER411.com reserves the right to remove, downgrade, suspend, or terminate a Service Provider’s Listing in the event that multiple complaints with a governing body is discovered or if the Service Provider is no longer in good standing with the governing body.
DISASTER411.com Responsibilities. After publication of the Listing on the Site, DISASTER411.com or its agents will maintain the content and the integrity of the Site.
Service Provider Responsibilities. During submission of the Listing or any other advertising campaign with DISASTER411.com and after the Listing or any other advertising campaign is approved;
· You will be professionally licensed, if required to be, in each jurisdiction in which you will be advertising as a Service Provider to provide or perform Your Business.
· You will maintain Your License to always be “Active” and its status to be in “Good Standing” with each licensing jurisdiction.
· You will report by email to Support@DISASTER411.com in the event that Your License is no longer “Active” or in “Good Standing” with any licensing jurisdiction. DISASTER411.com will then modify, suspend, or terminate Your Listing based on what is deemed to be appropriate and best to maintain the integrity of the Site for DISASTER411.com and its advertisers, Your Business, and the User of the Site.
· You will honestly and accurately represent Your products and services to Users.
· You will accurately portray Your accreditations, if any.
· You will interact with Users in a polite, professional manner, limiting the number of calls-per-day within commercially reasonable standards, calling during normal household hours based on the User’s time zone and otherwise complying with all applicable marketing laws.
· You will perform all of Your obligations hereunder in accordance with industry standards and in compliance with all applicable laws and regulations.
· You will not charge any portion of the Fees You pay to DISASTER411.com (described in Section 3 below) to any User who becomes Your Client.
Fees. During the submission process of a premium Listing, You agreed to pay fees to DISASTER411.com at a set rate, plus any applicable sales or other taxes, are each also referred to in this Agreement as the “Fees”. By completing and submitting the information in the submission process, You authorize DISASTER411.com to compute and charge to Your credit card the Fees You agreed to during the submission process. If You have agreed to pay Set Fees, You agree that DISASTER411.com or its affiliates will charge you upfront for the total fee for the advertising campaign You select, unless otherwise agreed to by You and DISASTER411.com.
Other Services. To the extent you elect to purchase other services DISASTER411.com may offer for a fee, You authorize DISASTER411.com to charge your credit card for the services you purchase. You agree that if DISASTER411.com already has Your credit card on file as a result of prior purchased you have made, DISASTER411.com may charge that credit card for the additional services You purchase.
Refund/Credit Procedure. DISASTER411.com reserves this right to refuse or cancel a listing. If DISASTER411.com refuses a new or renewing listing the owner of the listing will be offered a refund. Cancellations by the owner of the listing received within 14 days of submission of the listing or renewal may receive a full refund less a $50 service fee. All cancellation requests must be submitted by email to Support@DISASTER411.com within 14 days of submission of the listing or renewal.
Failure to Pay. In the event of non-payment, DISASTER411.com reserves the right to suspend or terminate Your account until such charges are paid. DISASTER411.com may also charge interest on undisputed balances unpaid for more than thirty (30) days, in which case interest charges will accrue from the 31st day with respect to any unpaid, undisputed amount at a rate of 1% per month or the maximum rate allowed by law, whichever is lower. DISASTER411.com shall be entitled to recover all reasonable costs of collection (including agency fees, attorneys’ fees, expenses and costs) incurred in attempting to collect payments from You.
4. Use of Marks
Service Provider Marks. You hereby grant to DISASTER411.com, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license during the term of this relationship, subject to the terms and conditions hereof, to use Your logo(s), tradename(s) or trademark(s) (the “Marks”) or those of Your affiliates, (i) for the purposes of identifying You to Users, identifying You on the applicable service category pages of the Site, or otherwise fulfilling DISASTER411.com’s obligations hereunder, (ii) to promote and market the Site and Your representation thereon, and (iii) for purposes otherwise expressly approved in advance, in writing, by You. You further represent and warrant that DISASTER411.com’s use of your Marks in accordance with these terms will not infringe or violate the rights of any third party.
General. Neither party may represent or imply to a User or other third party that it is acting on behalf of the other party hereto or that the other party hereto has approved of or endorsed its products or services. All goodwill associated with use of Your Marks shall inure to the benefit of You and/or Your affiliate(s), as applicable.
5. Term and Termination
The term of a directory listing is typically 12 months, unless stated otherwise. At the end of the term You will have the opportunity to either renew or terminate Your Listing. Each party reserves the right to terminate this Agreement immediately upon notice to the other party in the event the other party should commit or otherwise become associated with, for any reason, any act that would reasonably be expected to have an adverse impact on the reputation or public image of the terminating party. DISASTER411.com reserves the right to send a notice of such termination to Users with whom DISASTER411.com has reason to believe you have corresponded.
By agreeing to the terms of this Agreement, You agree to indemnify, defend and hold harmless DISASTER411.com and its affiliates, officers, directors, employees, stockholders, representatives and agents from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs incurred by them in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) any breach by You of Your obligations under this Agreement, (ii) any willful misconduct or negligent act, omission or misrepresentation by You, Your agents or Your employees, (iii) any violation by You of any federal, state or local, law, rule or regulation, (iv) any disputes between You and any User, or (v) the violation or alleged violation of third-party intellectual property rights or proprietary rights by any Listing or other materials and content you submit, post or transmit through the Site or otherwise provide to DISASTER411.com for inclusion on the Site. You may not settle any claim subject to indemnification without the prior written consent of DISASTER411.com. In addition, DISASTER411.com may, at its sole expense, participate in the defense and settlement of the claim.
7. Warranties; Disclaimers
Warranties. Each party represents and warrants to the other party that (i) this Agreement constitutes a valid and binding obligation of such party, enforceable in accordance with its terms; (ii) such party has full power and authority to enter into this Agreement and perform its obligations hereunder; (iii) the making of and performance under this Agreement by such party does not violate any agreement or obligation existing between such party and any third party; (iv) the making of and performance of this Agreement does not infringe upon any third parties’ rights and (v) each party shall, at all times, comply with all applicable federal, state and local laws, regulations and ordinances. You represent, warrant and covenant that: (i) all of the information provided to DISASTER411.com hereunder, including information submitted in connection with the Listing, is truthful and not misleading, fraudulent, defamatory, libelous, threatening, harassing, or obscene; (ii) You are authorized to provide the products and services set forth in the Listing; (iii) You have the right to use each copyright, trademark, trade name, service mark, graphic, photograph, or any other intellectual property in the way it is used under this Agreement; and (iv) any advertising copy or materials and any linked advertising shall comply with all applicable laws and regulations.
DISCLAIMERS. OTHER THAN SET FORTH HEREIN, DISASTER411.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE DISASTER411.COM SITE, ANY PRODUCTS, SERVICES OR INFORMATION PROVIDED THROUGH THE DISASTER411.COM SITE, OR THE ACCURACY OF, OR RESULTS TO BE OBTAINED BY USING, THE DISASTER411.COM SITE. DISASTER411.com is not involved in any actual transactions between Users and You. Thus, DISASTER411.com has no control over the interest or ability of Users to purchase items or pay for services or the suitability of any User for Your products or services. DISASTER411.com cannot and does not control whether or not Users will complete the purchase of products or services for which they have requested information. Because user authentication on the Internet is difficult, DISASTER411.com cannot and does not guarantee that each User is who he or she professes or claims to be. You assume all risk when using the Site, including but not limited to all of the risks associated with any online or offline interactions with Users of the Site, and DISASTER411.com disclaims any liability arising out of or in any way connected with such interactions.