Terms of Service Agreement:
SEATTLE SHOPPING GUIDE, SEATTLESHOPPINGGUIDE.COM SERVICE AGREEMENT TERMS AND CONDITIONS SERVICES By using the Service, you agree to be legally bound to and abide by the Terms of this Service. This Service Agreement ("Agreement") applies to the purchase of all services, packages, options, technical services (collectively, the "Services") ordered by you on the SeattleShoppingguide, SeattleShoppingguide.com Sign Up Page(s) or which you may order at any time and from time to time. SeattleShoppingGuide, SeattleShoppingguide.com is owned and operated by , USA Internet Inc. reserves the right to amend its Service Agreement and to add, delete, suspend or modify the terms and conditions of the Services, at any time. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICES. All site design, All content on the SeattleShoppingguide.com Site, unless specifically noted, is: Copyright 2002, USA Internet Inc. All rights reserved. SeattleShoppingguide and the SeattleShoppingguide.com logos are servicemarks of USA Internet Inc. Other trademarks, servicemarks and logos are the property of their respective owners. You are not permitted to use any trademarks, servicemarks or logos without the prior written consent of USA Internet Inc. Among the trademarks and service marks owned by USA Internet Inc. include (but are not limited to) the following: USA Internet Inc., Seattle Shopping Guide and the SeattleShoppingguide.com and their respective logos. The "look" and "feel" of all Company owned and operated sites are trademarked USA Internet Inc. The SeattleShoppingGuide.com Site is protected by copyright, trademark and other intellectual and industrial property laws and international treaties and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the SeattleShoppingguide.com Site may be copied or retransmitted unless expressly permitted pursuant to this Agreement. DISCLAIMER AND WARRANTIES Disclaimer of warranty and limitation of liability: you agree that use of the service is entirely at your own risk. The service is 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, specifically, seattleshoppingguide.com and USA internet Inc disclaims any and all warranties, including without limitation: any warranties concerning the availability, accuracy or content of information, products or services; and any warranties of title or warranties of merchantability or fitness for a particular purpose. THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEATTLESHOPPINGGUIDE.COM AND USA INTERNET INC. DOES NOT WARRANT THAT THIS SITE AND ITS CONTENTS ARE COMPLETE OR ERROR FREE OR THAT THE SERVER THAT MAKES IT AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT SEATTLESHOPPINGGUIDE.COM AND USA INTERNET INC., NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND 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. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. 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. INDEMNIFICATION You agree to defend, indemnify and hold harmless SeattleShoppingguide.com and USA Internet Inc. and its employees, officers, directors and agents, partners, agents, affiliates or content providers (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services by you or your agents, including but not limited to any violation of the SeattleShoppingguide.com and USA Internet Inc. policies. SeattleShoppingguide.com and USA Internet Inc. Are not responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided on this Site or from the use of, or the inability to use this Site LIMITATION OF LIABILITY In no event shall seattleshoppingguide.com and USA internet inc. Or its officers, directors, employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors or the like be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, by you or any third party, whether in an action in contract, agreement or tort or strict liability or other legal theory, even if seattleshoppingguide.com and USA internet inc. Has been advised of the possibility of such damages. In no event will seattleshoppingguide.com and USA internet inc. 'S be liable for any damages, losses and causes of actions whether in contract or tort including negligence or otherwise. RENEWALS For monthly, quarterly or annual services, this Agreement is automatically renewable monthly, quarterly, biannually or annually, respectively, unless either party requests termination or a change in service level prior to the commencement of the next period. Any termination requires thirty days prior written notice to the termination date. MODIFICATION OF TERMS SeattleShoppingguide.com and USA Internet Inc. may modify this Agreement at any time by simply updating this posting and without notice to you. SeattleShoppingguide.com and USA Internet Inc. reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. TERMINATION Any unauthorized access, use, copying, disclosure, distribution, or sublicensing by you or with your aid or consent of the Service or Content or any related methods, techniques, algorithms, or processes will be deemed a material breach of this Agreement. SeattleShoppingguide.com and USA Internet Inc. in its sole discretion may terminate your, account or use of the Service. You agree that you will not transmit on the Service any harmful, abusive, harassing, defamatory, threatening, vulgar, obscene, profane, hateful, adult oriented or other offensive material of any kind. You agree not to use the service to violate any tariff, regulation, treaty, or law (including, without limitation, copyright, privacy, criminal and international law). You agree to comply with any operating rules and terms provided or made available to you from time to time by SeattleShoppingguide.com and USA Internet Inc. SeattleShoppingguide.com and USA Internet Inc. retains the right at any time to refuse or discontinue service of any current or prospective client at it sole discretion. FORCE MAJEURE SeattleShoppingguide.com and USA Internet Inc. shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in or Software needed for provision of the Services. GOVERNING LAW/JURISDICTION The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of laws principles. You agree that any and all claims, damages, losses, liabilities, suits, actions, demands, or proceedings (whether legal or administrative) touching, concerning, or arising under, with respect to, or out of this Service Agreement in any manner, or concerning any transaction or dispute arising under or out of the performance of this Service Agreement to which SeattleShoppingguide.com and USA Internet Inc. will be a party, must and shall be filed or brought and determined in a forum in the State of Washington having jurisdiction of the subject matter. Rate and Payment Policy: A) Charter Member Offer 1. Full payment required when order is placed 2. Rate protection from time of order through twelve consecutive months · Charter Members are guaranteed a twenty-five discount on published rates at time of renewal provided that continued participation maintains a consecutive monthly contract B) Contract Termination 1. Charter Member Offer · No refunds provided for early cancellation 2. Frequency Advertising Terms a) Short Rates o All cancelled contracts, which have not reached the term of the agreement, shall be charged the qualified rate. Example: Should an advertiser who purchased a six-month contract cancel after four months, the rate shall be adjusted to reflect a monthly charge, which is then based on the three month payment plan. The advertiser must pay the balance due upon cancellation. C) Payment Policy · All monthly payments must be made no later than the first day of the month. Example: The payment for June would be due no later than June 1. · The first month's payment is due with the order. · All subsequent payments shall be automatically charged to your credit card account on the first day of each consecutive month for the term of the contract/order, unless otherwise agreed in writing. Any termination requires thirty days prior written notice to the termination date.
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