Answers 2 Marketing - eBusiness Consulting & Advertising

Legal Information  

1.0 AGREEMENT

The Answers 2 Marketing service ("Answers 2 Marketing" or the "Service"), owned and operated by Answers 2 Marketing, Inc. is provided to you ("client") under the terms and conditions of this Answers 2 Marketing Service Agreement and any amendments thereto and any operating rules or policies (collectively, the "Agreement"). Answers 2 Marketing reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time. client will receive notice of such changes and/or modifications pursuant to Section 16.0 regarding notices.

1.1 By accepting the terms and conditions of the Agreement, client (a) represents and warrants that he or she is 18 years old or older;(b) agrees to provide true, accurate, current and complete information about client as prompted by the Account Registration Form; and (c) agrees to maintain and update this information to keep it true, accurate, current and complete. If any information provided by client is untrue, inaccurate, not current or incomplete, Answers 2 Marketing, has the right to terminate client's account and refuse any and all current or future use of the Service.

1.2 BY COMPLETING THE ACCOUNT REGISTRATION PROCESS AND CLICKING THE "PURCHASE" BUTTON, YOU AGREE TO BE BOUND BY THE Agreement. If these terms and conditions or any future changes are unacceptable to you, you may cancel your account pursuant to Section 6.0 regarding termination of service.

2.0 DESCRIPTION OF Answers 2 Marketing SERVICE

By completing this registration, client creates a Service Account. Service packages include, Meta-Tag Generation, Link Popularity Program, Tech Support, Web site Submission to Search Engines, Meta-Tag checking, and Web site monitoring service (Business Pro Plus).

2.1 Meta-Tag Generation - Meta Tag generation tools to increase a customer's Web site's ranking on search engines.

2.2 Link Popularity Program - Link popularity program to increase Web sites linking to customer's Web site. It is entirely the clients responsibility to view and approve the links distributed to clients for participation in the Link Popularity Program. Answers 2 Marketing is not responsible or liable for any of the content found at any of the sites in a clients link list. client should call Answers 2 Marketing customer service and not upload 'links.html' file if client finds any content on the linked sites to be objectionable in anyway.

2.3 Tech Support - Live technical support via telephone, email and online interactive chat on a computer browser.

2.4 Web site Submission to search engines - Submit customer's Web site to search engine on the web.

2.5 Meta-Tag Checking - Online software that checks customer's Web site HTML for errors, (Page Checker).

2.6 Web site Monitoring Service - client Web site monitoring to alert a client when their Web site is not available. The Web site Monitoring 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 fitness for a particular purpose. Neither this agreement or any documentation furnished under it is intended to express or imply any warranty that the Answers 2 Marketing Web site Monitoring Service will be uninterrupted, timely or error-free. Answers 2 Marketing'S LIABILITY TO client SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY client TO Answers 2 Marketing OVER THE COURSE OF THE EXISTING TERM.

3.0 client REPRESENTATIONS

client affirms, that he is the legal owner of the URL specified in his account, an employee of the legal owner of the domain, or has obtained express written permission from the legal owner of the domain for use of the Service with the domain. client expressly agrees to indemnify Answers 2 Marketing from any claims by a third party arising from use of the Service with the specified URL.

4.0 ACCESS RIGHTS

The client grants Answers 2 Marketing permission to access the URL monitored by the Service as part of his account services. client acknowledges that the Service will involve continued access by the Service to the specified URL monitored.

5.0 FEES

The client agrees to pay Answers 2 Marketing the specified subscription fee for the specified service. Subscription fees are dependent upon the service package selected.

5.1 MONTHLY PLAN BILLING: You will be charged for your first 30 days of service. After the 30 days are over, we will begin charging your account on a cycle billing system. Upon the 31st day of your account being open, you will be charged for one month's service in advance. Your "billing cycle" will be from that date to the same date of the next month.

5.2 SIX MONTH PLAN BILLING: You will be charged for your first 6 months of service. After the first 6 months are over, we will begin charging your account on a cycle billing system. Upon the 7th month of your account being open, you will be charged for your next 6 months of service in advance. Your "billing cycle" will be from that date to the same date 6 months from that time.

6.0 TERMINATION

6.1 Either client or Answers 2 Marketing may terminate the Service with or without cause at any time and effective immediately and without prior notice. Answers 2 Marketing may terminate by a written or email notice to the client. Notices of termination initiated by client must be telephoned into Answers 2 Marketing customer support for verification purposes. Answers 2 Marketing shall not be liable to client or any third party for termination of Service. Should client object to any terms and conditions of the Agreement or any subsequent modifications hereto or become dissatisfied with the Service in any way, client's sole recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service clientship; and (3) notify Answers 2 Marketing of termination. Upon termination of the Service, client's right to use the Service immediately ceases. client shall have no right and Answers 2 Marketing shall have no obligation thereafter to forward any information associated with client's account. If you pay for your clientship on a monthly basis, you may cancel at any time and Answers 2 Marketing will not charge your card for any additional months. Any amounts paid for the month in which you cancel and any monthly fee(s) for any month expired before your termination are non-refundable. If you are on the 6 month plan, you must cancel your subscription within 30 days for a 50% refund of your current 6 month payment. After 30 days, all 6 month subscriptions are non-refundable.

6.2 Termination. Either party may terminate the Agreement on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the Agreement, and such breach or noncompliance is not cured within such thirty (30) day period. Answers 2 Marketing reserves the right to immediately suspend any customer access to Answers 2 Marketing Services until such breach or noncompliance is cured.

6.3 Termination for Illegal or Other Activity. Notwithstanding the foregoing, Answers 2 Marketing may, but has no duty to, immediately terminate client and remove it from Answers 2 Marketing servers if Answers 2 Marketing in its sole discretion concludes that client is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of Answers 2 Marketing or others. Any termination under this Section 6.3 shall take effect immediately and client expressly agrees that it shall not have any opportunity to cure.

6.4 Waiver. client expressly waives any statutory or other legal protection in conflict with the provisions of this Section 6.

6.5 Deletion of Information. Upon termination, Answers 2 Marketing reserves the right to delete from its servers any and all information contained in client's account, including but not limited to order processing information, mailing lists, and any data generated by the Software.

6.6 The provisions of Section 13.0 (Proprietary Rights), Section 12.0 (Indemnity), and Section 7.0 (Disclaimer of Warranties and Liabilities) of this Agreement shall survive any termination of the Agreement.

7.0 DISCLAIMER OF WARRANTIES AND LIABILITIES

THE SERVICE AND SOFTWARE ARE 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 FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE Answers 2 Marketing SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND client MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. client ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT client WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Answers 2 Marketing, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF Answers 2 Marketing IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM clientS USE OR INABILITY TO USE THE SERVICES OR THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICES OR THE SOFTWARE. Answers 2 Marketing'S LIABILITY TO client SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY client TO Answers 2 Marketing OVER THE COURSE OF THE EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8.0 MODIFICATIONS TO TERMS OF SERVICE

Answers 2 Marketing may modify the terms and conditions of the Agreement from time to time. Upon any change in the terms and conditions of the Agreement, Answers 2 Marketing will notify client by emailing the changes to current clients. By continuing to use the service, you agree to be bound by the changes. If you do not agree to the changes, you may terminate your account at any time by emailing support@Answers 2 Marketing.com.

9.0 MODIFICATIONS TO SERVICE

Answers 2 Marketing reserves the right to modify or discontinue the Service with or without prior notice to client. Answers 2 Marketing shall not be liable to client or any third party should Answers 2 Marketing exercise its right to modify or discontinue the Service.

10.0 SUSPENSION OF SERVICE

Answers 2 Marketing reserves the right to suspend the Service with or without cause at any time and effective immediately. Suspension will be accompanied by written or email notice pursuant to Section 16.0 regarding notices.

11.0 NO RESALE OR ASSIGNMENT OF SERVICE

client agrees not to resell or assign or otherwise transfer its rights or obligations under the Agreement without the express written authorization of Answers 2 Marketing.

12.0 INDEMNITY

client agrees to indemnify and hold harmless Answers 2 Marketing and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including attorneys fees, made by any third party due to or arising out of clients conduct, clients use of the Service, the goods or services offered at clients Web site, any alleged violation of the Agreement, or any alleged violation of any rights of another, including but not limited to clients use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with clients Web site. Answers 2 Marketing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by client, but doing so shall not excuse clients indemnity obligations.

13.0 PROPRIETARY RIGHTS

13.1 Software License. Answers 2 Marketing hereby grants client a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by Answers 2 Marketing for the sole purpose of creating and maintaining Web site data on such server. client is not being granted any right to copy the Software or to use it on computers other than a server controlled by Answers 2 Marketing. client also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and that Answers 2 Marketing does not commit to support any particular browsing platform. Answers 2 Marketing reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to client. If any revision or modification to the Software materially changes clients ability to conduct business, clients sole remedy is to terminate the Agreement pursuant to Section 6 regarding termination of service.

13.2 Answers 2 Marketing Intellectual Property. client acknowledges and agrees that content available from Answers 2 Marketing or the Service, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in Section 12.1 above.

14.0 client PRIVACY

14.1 client Information. Answers 2 Marketing maintains information about client and the clients Data on servers, including but not limited to clients account registration information, client's customer order information, Meta-Tag information, Link Grouping and Server status records ("client Information"). client agrees that Answers 2 Marketing may use client Information in aggregate form for marketing or other promotional purposes.

14.2 client agrees that Answers 2 Marketing may disclose client Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the Agreement; (d) to respond to claims that the client Web site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of Answers 2 Marketing, Answers 2 Marketing or others; provided, however, that nothing in this section shall impose a duty on Answers 2 Marketing to make any such disclosures.

14.3 Password. client shall receive a password from Answers 2 Marketing to provide access to and use of the Software and Services. client is entirely responsible for any and all activities which occur under clients account and password. client agrees to keep its password confidential, to allow no other person or company to use its account, and to notify Answers 2 Marketing promptly if client has any reason to believe that the security of its account has been compromised.

14.4 Technical Access. client acknowledges and agrees that technical processing of client Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. client also acknowledges and agrees that Answers 2 Marketing may access client's account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.

15.0 FORCE MAJEURE

Neither party shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

16.0 NOTICES

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 Answers 2 Marketing, such notices shall be addressed to support@Answers2Marketing.com or 1820 East Garry Ave, Suite 221 Santa Ana, CA 92705. If to client, such notices shall be addressed to the electronic or mailing address specified when client opens an account with Answers 2 Marketing.

17.0 MAINTENANCE AND SUPPORT

17.1 client can obtain assistance with any technical difficulty that may arise in connection with client's utilization of the Software or Services by requesting assistance by email to support@Answers 2 Marketing.com or call 408-946-4607. Answers 2 Marketing reserves the right to establish limitations on the extent of such support, and the hours at which it is available.

17.2 client is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Software and Services and client shall be responsible for all charges related thereto.

17.2 client is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Software and Services and client shall be responsible for all charges related thereto.

18.0 ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.

19.0 GENERAL

The Agreement and the relationship between client and Answers 2 Marketing shall be governed by the laws of the state of California without regard to its conflict of law provisions. client and Answers 2 Marketing agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California. Answers 2 Marketing's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

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