LinkU Terms of Service

TERMS OF SERVICE, SERVICE AGREEMENT & FULFILLMENT POLICY

Last Updated: 03/14/2025

Introduction

This Customer Agreement ("Agreement") is a legally binding contract between LinkUSystems, Inc. ("LinkUSystems," "we," "us," or "our") and any individual or entity ("Customer," "you," or "your") using any of our services. By purchasing or using our services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement and all related policies incorporated herein. If you are using the services on behalf of a company or entity, you represent that you have the legal authority to bind such entity to this Agreement.

BY ACCESSING AND USING THE SITE AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS"). THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT. IF YOU USE THE SITE AND/OR THE SERVICES ACTING AS THE AGENT FOR A COMPANY, OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH COMPANY OR ENTITY AND YOU GUARANTEE COMPLIANCE BY SUCH COMPANY OR ENTITY WITH THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR SERVICES.

Our Services

LinkUSystems offers a variety of services, including website design, development, and hosting, a SaaS follow-up system and CRM solutions, email and SMS marketing automation, social media and search engine advertising, and digital marketing tools.

WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE ANY SERVICE OR THE SITE, OR CHANGE, ADD, OR DELETE PORTIONS OF THESE TERMS AND CONDITIONS WITHOUT NOTICE. WE WILL POST CHANGES TO THESE TERMS AND CONDITIONS, IF ANY, TO THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK THE SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.

Age Restrictions

You hereby represent and warrant that you are 18 years of age or older. The Site and Services are not intended for, or offered to, users under the age of 18.

Use of Site Content

All content on the Site and Services that is not User Content (as defined in Section 4 below) (the "Site Content"), is the proprietary property of us or our licensors. Subject to the terms of the Terms and Conditions, no Site Content or User Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of us or the owner of such content. Except as otherwise set forth in these Terms and Conditions, any unauthorized use of the Site Content or User Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Site are trademarks or registered trademarks of us or our licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the owner of such content.

LinkUSystems as Reseller or Licensor

LinkUSystems as Reseller or Licensor. LinkUSystems in some cases acts as a reseller or licensor of some of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-LinkUSystems Product"). LinkUSystems shall not be responsible for any changes in the Services that cause the Non-LinkUSystems Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-LinkUSystems Product either sold, licensed or provided by LinkUSystems to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of LinkUSystems , Inc.’ obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-LinkUSystems Product are limited to those rights extended to Customer by the manufacturer of such Non-LinkUSystems Product. Customer is entitled to use any Non-LinkUSystems Product supplied by LinkUSystems only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by LinkUSystems to Customer through any Non-LinkUSystems Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-LinkUSystems Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

Publishing of Your Content and Our Use of Content Provided by You

You hereby acknowledge and agree that you are solely responsible for all materials that you approve for publishing, display, and distribution by us in connection with the Services, or that you post, publish or distribute in connection with the Services, including without limitation, advertisements prepared by us for you (including all information, trademarks, and photographs contained in such advertisements), information, data, text, software, links, photographs, pictures, graphics, video, messages, files and any other materials ("User Content"). You represent, warrant and agree that no User Content that you approve for publishing, display, and distribution by us, or submitted by you or through your account, will: violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; contain libelous or defamatory material; or violate or encourage violation of any applicable laws, regulations, rules, professional codes, codes of ethics, administrative laws, codes of conduct or standards (including, without limitation, rules, standards or codes of conduct for non-governmental or quasi-governmental associations), e.g., federal, state, or local laws, regulations, rules, professional codes, codes of ethics, administrative laws, standards or codes of conduct applicable to realtors, real estate advertising, data protection, privacy and email communications (collectively, "Applicable Laws").

For the purpose of clarity, by paying us to publish and distribute an advertisement prepared by us for you, you are approving the publishing of such advertisement by us on your behalf. You represent and warrant that you have all legal rights necessary to publish and distribute (or necessary to have us publish and distribute) any User Content or that you own such User Content. You represent and warrant that the advertisement prepared by us for you will comply with all applicable laws, rules, and regulations. In the case of User Content that is an advertisement for a particular piece of real estate, you represent and warrant that you are the broker, or an agent to the broker, for such real estate. You hereby acknowledge and agree that we shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your User Content for any reason and at our sole discretion. You hereby acknowledge and agree that we may, at our sole discretion, disclose your User Content in order to: (i) comply with law enforcement, court orders, or the legal process; (ii) protect the rights and safety of individuals; and/or (iii) settle disputes over intellectual property ownership.

Follow Up + Retargeting/Remarketing

LinkUSystems, Inc. enables you to create a target audience using your data such as email addresses and phone numbers. When using our retargeting services, your data is hashed into anonymous strings (the "Hashed Data") and passed to our ad partners to be used to create your custom audience for ad targeting. In the process of using this feature, you agree to the following:

Hashed Data is a subset of User Content and subject to all the restrictions and obligations related to User Content. In addition, you represent and warrant that you have provided appropriate notice to and secured any necessary consent from the data subjects whose data will be hashed to create the Hashed Data, including as needed to be in compliance with all Applicable Laws. If you have not collected the data directly from the data subject, you confirm, without limiting anything in these terms, that you have all necessary rights and permissions to use the data provided to us.

You confirm that the Hashed Data does not relate to or include data about any data subject who has exercised an option that you have, directly or indirectly, committed to honoring or provided, to opt out of having that data used by you or on your behalf for targeted advertising. To the extent a data subject exercises such an opt-out after you have used data relating to that data subject to create a custom audience, you agree to remove that data subject from the custom audience.

The Hashed Data from data you provide to us will only be used for the matching process, will not be shared with third parties or other advertisers and will be deleted promptly after the match process is complete. LinkUSystems, Inc. will maintain the confidentiality and security of the Hashed Data, including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within LinkUSystems, Inc.'s systems and (b) guard against the accidental or unauthorized access, use, alteration or disclosure of data within LinkUSystems, Inc.'s systems. Further, LinkUSystems, Inc. will not give access to or information about your custom audience to third parties or other advertisers, append your custom audience data to the information we have about our users or to build interest-based profiles, or use your custom audience data except to provide services to you, unless we have your permission or are required to do so by law.

If you are providing any data on behalf of a third party, you also represent and warrant that you have the authority as agent to such party to use such data on their behalf and bind such party to these terms.

Copyright Infringment

Please be advised that we may provide an alleged infringer with any notice of claimed infringement, including notices of claimed infringement submitted by you under the DMCA, and any communications related thereto. We may also provide any counter notifications received under the DMCA, and communication related thereto, to the provider of the original notice of claimed infringement. All notices and communications provided by you to us become our property and you hereby grant us the right to provide such notices and communications to any third party.

If you engage in "repeat infringement" we may immediately terminate your registration and account without notice, and you will no longer be permitted access to the Site or the Services. "Repeat infringement" shall be defined as two (2) or more instances, as determined by us in our reasonable discretion, where you have infringed the copyright rights of another person.

In the event a user's materials are removed due to a DMCA notice and then subsequently restored in accordance with the DMCA, we will treat the underlying DMCA notice as withdrawn.

We reserve the right to terminate Site accounts that are the subject of fewer than two (2) instances of infringement of the copyright rights of another person in appropriate circumstances, such as when the user has a history of violating or willfully disregarding the Terms and Conditions.

Member Conduct

A. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LinkUSystems, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. LinkUSystems, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LinkUSystems, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

LinkUSystems, Inc. is solely a facilitator of the message traffic and has no visibility into or control over individual Messages as they are transmitted through LinkUSystems, Inc. and has no responsibility or liability with respect to the content of any individual Message. Except that LinkUSystems, Inc. may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that LinkUSystems, Inc. has determined, in it's sole description, may violate an applicable, rule, regulation, or law.

B. You agree to not use the Service to:

  1. upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, junk mail,spam, chain letters, pyramid schemes, or any other form of solicitation;
  2. upload, post, text message, email, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party ("Rights");
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  4. upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment;
  5. harass another; and/or
  6. Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services;
  7. Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services;
  8. Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
  9. Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
  10. Harvesting, or otherwise collecting information about others, without their consent;
  11. Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details at do not belong to you;
  12. Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
  13. Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
  14. Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs;
  15. Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
  16. Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
  17. Abusing the fair use policy with regard to unlimited keywords; that is, registering many keywords without using them for weeks or months, as is determined to be abuse in the sole discretion of LinkUSystems, Inc.;
  18. Interfering with anothers use and enjoyment of the Services or LinkUSystems, Inc. Sites; or
  19. Engaging in any other activity that LinkUSystems, Inc. believes could subject it to criminal liability or civil penalty/judgment.

C. You acknowledge that LinkUSystems, Inc. may or may not pre-screen Content, but that LinkUSystems, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, LinkUSystems, Inc. and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

D. You acknowledge, consent and agree that LinkUSystems, Inc. may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of LinkUSystems, Inc., its users and the public.

E. You guarantee that the subscribers in your account have granted you express consent to send them messages of the type that you intend to send them. If for any reason LinkUSystems, Inc. suspects that the subscribers have not given you express consent, it reserves the right to request a written explanation from you, the client, including the method of collecting the subscriber's phone numbers and a guarantee signed by you that all the people on your subscriber list agreed to receive text messages from you of the type that you had sent. LinkUSystems, Inc. reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to cancellation of the account.

F. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages.

G. You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the LinkUSystems, Inc. Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the LinkUSystems, Inc. Services by visiting the following websites:

H. You shall use LinkUSystems, Inc.'s service in compliance with all governing laws, regulations, and rules.

I. You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your attorney prior to your use of the LinkUSystems, Inc. Sites or Services.

Links to Other Web Sites

The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site or the Services does not imply approval or endorsement of the linked web site by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.

Bandwidth and Disk Usage

Customer agrees that disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer (the "Agreed Usage"). LinkUSystems will monitor Customer's disk usage. E-mail, photos, custom pages, documents, etcetera may count toward a Customers disk usage. In the case a Customers disk usage is over the agreed amount, LinkUSystems will usually notify the Customer to make modifications, deletions or changes to reduce their usage, or upgrade to a higher plan. LinkUSystems websites have a monthly bandwidth limit of 10GB. If disk usage or bandwidth usage is beyond reasonable or affects the quality of services of other Customers, LinkUSystems shall have the right to take corrective action to the customers account or website. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in LinkUSystems ’ sole and absolute discretion. If LinkUSystems takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Service Fees

Certain parts of the Site may be accessed and used without charge. For use of certain Services, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Fees vary by Service. Current fee schedules are available on the Site. You are responsible for payment of all applicable fees incurred by your Site account. All fees due from you to us hereunder, including to the extent applicable, monthly subscription fees, quarterly subscription fees, annual subscription fees, one-time product purchase fees, recurring fees, monthly, quarterly and annual renewal fees, third-party fees, applicable taxes, and charge-back fees are referred to herein as "Service Fees". We do not collect a sales and or use tax on the sale of Services to you. If any tax is to be paid to state or local governments by a purchaser of our Services, it is your responsibility to report and make such tax payments in compliance with all applicable laws. In the event that we collect any taxes on the sale and or use of Services, such taxes will be itemized separately on your invoice.

You agree that we may charge all Service Fees to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided in your Registration Information. You are responsible for the timely payment of all Service Fees at the time the Services are ordered by you. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. All fees for the Services shall be in accordance with LinkUSystems’ fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Failure to remit payment for services on the billing date is a violation of the TOS.

Purchases will appear on your credit or debit card statements as LINKUSYSTEMS, LINKU, LINKU IDX, or similar.

You agree not to cause your credit or debit card company to reverse or "chargeback" any Service Fees charged in accordance with these Terms and Conditions; and in the event you do so, we may terminate your use of the Site and Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.

We have the right to change your billing period at the renewal of your current contract, such that the new billing period results in an equal or lower effective monthly rate compared to the current contract.

Failure to remit payment shall result in a termination of access to Customer services. Failure to remit payment for services within thirty (30) consecutive days, including the service billing date, may result in termination of access to the service network and all services shall be reclaimed.

A reconnect fee may be incurred for failure to remit payment for services after public access has been disconnected. Failure to remit payment for services within sixty (60) consecutive days, including the service billing date, shall result in your account being forwarded to collections and Collection Fees may be incurred.

All customer data, websites, e-mail and other data remaining after ninety (60) days of non-payment may be deleted.

All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of LinkUSystems, Inc.) shall be paid by Customer.

Overage Fees and Usage Monitoring

Certain services provided by LinkUSystems include usage limits for bandwidth, storage, messaging, AI usage, emails, text messages, advertising, or other resources as defined by your selected package. If your usage exceeds the included limits for your service plan, additional fees ("Overage Fees") will be billed based on the overage rates applicable to your service plan.

Customers can monitor their usage in real time by accessing the Billing Section of their account portal. It is your responsibility to review your usage and ensure that it remains within your allocated limits.

Overage Fees are calculated based on the amount of excess usage beyond the package limits and are billed automatically based on the wallet threshold setting set in your account. If your overage fees exceed a predefined threshold, we may, at our discretion, charge overage fees immediately or require an upgrade to a higher-tier service plan.

Failure to pay Overage Fees may result in:

By using our services, you acknowledge that you are responsible for monitoring your usage and agree to pay any applicable Overage Fees incurred. If you anticipate exceeding your limits regularly, we recommend upgrading your plan to avoid additional charges.

Refund Policy

We want you to be satisfied with the Services. However, when you purchase Services from us, we make a commitment to our employees, certain resources and advertising partners for the length of your service and/or program. Because we are making this commitment on your behalf, and incur costs as a result, we do not offer refunds for the Services once you have purchased them.

In the case of a billing error, we will provide a refund for the amount billed in error. In order to be considered a "billing error" the user must provide either: (i) the cancellation confirmation number; or (ii) must forward the cancellation confirmation email to billing@linku.net. The cancellation confirmation number or the cancellation confirmation email must show that the user canceled the Services before (not on or after) the renewal date on file for the Service in question.

If you elect to cancel the Services early, we will only issue a pro-rated refund for regularly priced annual accounts (based on the monthly price, not discounted annual price minus any setup and onboard fees which may have been waived with your purchase).

Programs or packages, purchased as part of a promotional offer, or special package deal are subject to that individual offers refund policy and/or guarantee.

Termination and/or Cancellation

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

This Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice, (ii) by LinkUSystems in the event of nonpayment by Customer, (iii) by LinkUSystems, Inc., at any time, without notice, if, in LinkUSystems’ judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in LinkUSystems’ judgment, could disrupt, LinkUSystems’ business operations and (iv) by LinkUSystems in accordance to this Agreement. If you or LinkUSystems cancel this Agreement prior to the end of the Term, (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) LinkUSystems shall refund to you all pre-paid fees for services for the full months remaining after effectiveness of cancellation, (i.e., no partial month fees shall be refunded), less any setup fees, any discounts applied for prepayment, and fees part of an extended contract term, (iii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) LinkUSystems will not issue a refund of setup fees after design work or any other setup is completed.

However, it is at LinkUSystems’ sole discretion to provide full or partial refunds to customer due to lack of service or quality of work, however LinkUSystems is not obligated to do so.

You may terminate your use of the Services at any time. You may terminate these Terms and Conditions with respect to any Service provided you have paid all applicable Service Fees by effecting a termination from your account.

We may cancel your user registration and terminate your use of the Site or Services at any time with or without cause, in our sole discretion, and with or without notice, including for your failure to make any payment when due or your breach of your representations, warranties, and covenants in these Terms and Conditions; provided, however, that we have no obligation to monitor your use of the Site or Services.

Any provisions of these Terms and Conditions that by their nature should continue after termination of your use of the Site or any Services will continue to apply even after the expiration or termination of these Terms and Conditions or your use of the Site or any Services.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES; AND (B) TEN DOLLARS ($10). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY. You agree to indemnify and hold us and our directors, officers, agents, contractors, affiliates, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:

You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against us for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Site or the Services.

Disclaimer of Warranties

We are not responsible for any incorrect or inaccurate content published on the Site or in connection with the Services, including User Content published by users (or published by us on behalf of users) of the Site or the Services. We are not responsible for the conduct, whether online or offline, of any user of the Site. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Site or any content published on the Site (whether or not Site Content, User Content, or other content).

THE SITE, THE SERVICES AND ALL CONTENT ON THE WEBSITE ARE PROVIDED "AS-IS" AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES.

WE ARE NOT RESPONSIBLE FOR ENSURING THAT USER CONTENT PUBLISHED BY USERS (OR PUBLISHED BY US ON BEHALF OF USERS) OF THE SITE OR THE SERVICES COMPLIES WITH APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS, AND WE OFFER NO WARRANTY THAT ANY SUCH USER CONTENT SHALL COMPLY WITH APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS. WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS.

WE OFFER YOU NO GUARANTEE OF INCREASED LEADS OR PHONE CALLS AS A RESULT OF THE DISPLAY OF ADVERTISEMENTS PREPARED BY US FOR YOU.

THE SALE OF ADVERTISING VIEWS IS AN APPROXIMATION AND WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT AN EXACT NUMBER OF ADVERTISING VIEWS WILL BE PROVIDED.

Governing Law

The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, the Terms and Conditions shall be finally settled by binding arbitration in Riverside, California and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of California, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to the Terms and Conditions shall be brought and heard either in the California state courts located in Riverside County, California, or the federal district court located in Riverside, California. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.

Miscellaneous

The Terms and Conditions set forth the entire agreement between you and us pertaining to your use of the Site and the Services. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions do not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under these Terms and Conditions, be deemed to be an agent or employee of the other, and neither you nor we has the authority to bind the other under any contract, agreement, or otherwise.