Listing Profits


Terms of Service
  1. Acceptance of Terms and Conditions:
    Listing Profits™ provides local internet advertising and marketing services to small businesses. The array of services (hereinafter referred to as "Service") include, but are not limited to, the creation of a website (hereinafter referred to as a “ProfitSite™”), search engine optimization, directory submissions and general internet advertising, online video creation and marketing which are subject to the following terms and conditions of usage (hereinafter referred to as "Terms"). Listing Profits may, from time to time, update the theses “Terms” without your notice. Your use of the Service, or any portion thereof, in any way, confirms that you agree to comply with these Terms.

  2. Registration and Content Obligations:
    In consideration of use of the Service, you agree to: (a) provide accurate, true, current and complete information about yourself and your business as prompted by the Service's registration form (such information being the "Getting Started Form") and the Service’s website content form (such information being the “ProfitSite Content Form” and (b) maintain and promptly update said information. If you provide any information that is untrue, inaccurate, not current or incomplete or Listing Profits has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Listing Profits has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  3. Coupons & Text Ad Offers:
    You acknowledge that coupons or web based text ad offers (hereinafter referred to as "Coupon” and “Text Ad Offers) made available through the Listing Profits Service are the sole responsibility of the company or individual who created the specific Coupon or Text Ad (hereinafter referred to as "Advertiser"). You acknowledge that Listing Profits does not control, monitor, filter or edit Coupons or Advertisers in any way. Listing Profits further does not guarantee that any Coupon or Text Ad Offer is valid or that it will be honored by any Advertiser, so you may attempt to redeem a Coupon or Text Ad Offer only to find that a specific Advertiser does not honor that Coupon or Text Ad Offer. Listing Profits is not responsible for any loss or damages of any kind that may result from your inability to redeem Coupons or Text Ad Offers made available through this Service. You agree to hold Listing Profits harmless from any loss or damages associated with Coupons or Text Ad Offers made available through this Service.

  4. Limitations on Service:
    You acknowledge that Listing Profits may establish limits concerning use of the Service, including but not limited to, the frequency with which you may change Coupons, Text Ad Offers or ProfitSite content.

  5. No Resale of Service:
    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service.

  6. Hyperlinks:
    The Service may provide, or third parties may provide, hyperlinks to other World Wide Web sites or resources. Because Listing Profits has no control over such sites and resources, you acknowledge and agree that Listing Profits is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Listing Profits shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  7. Termination of Service:
    You agree that Listing Profits, at its sole discretion, may delete or deactivate your account, block your IP address, remove your ProfitSite or email or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content from the Service, for any reason, including, without limitation, if Listing Profits believes that you have acted in a manner that is inconsistent with the Terms, or the spirit thereof. Further, you agree that Listing Profits shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

  8. Personal Dealings:
    Your interactions with organizations and/or individuals found via the Service, including payment and delivery of goods, services or information, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Listing Profits shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such interactions.

  9. Disclaimer of Warranties / Limitation of Liability:

    You understand and agree that:

    i. Listing Profits disclaims all warranties of any kind, whether express or implied;

    ii. The Service is provided on an "as is" and "as available" basis, and should not be relied upon;

    iii. Your use of the Service is at your sole risk, and Listing Profits shall not be liable for any direct, indirect, incidental, special, consequential, loss of business or exemplary damages (even if Listing Profits has been advised of the possibility of such damages), resulting from any aspect of your use of the Service;

    iv. Any warranty not set forth in this Terms document, including any set forth by Listing Profits employees, whether written or oral, will be invalid;

    v. If any of the above provisions are void under governing law, Listing Profits’ liability shall be limited to the extent permitted by law.

  10. Proprietary rights:
    The Service is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the content or Service, or any portion thereof is prohibited. Copying or reproducing the content or Service, or any portion thereof, to any other server or location for further reproduction or redistribution is prohibited.

  11. Indemnity:
    You agree to indemnify and hold Listing Profits harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of content you submit or make available through the Service, your use of the Service, your violation of the Terms, or your violation of any rights of another individual or organization.

  12. General information:

    A. Entire Agreement: The Terms constitute the entire agreement between you and Listing Profits and govern your use of the Service, superceding any prior agreements between you, the Publisher and Listing Profits.

    B. The ProfitSite, domain name (if purchased by Listing Profits), hosting account, email accounts and other items included as part of the Service are the sole property of Listing Profits. Client will be charged $199 per month for a minimum of 6 consecutive months. Should a Client choose to continue services with Listing Profits, their credit card will continue to be charged $199 on a monthly basis until such time services are terminated. Should a Client choose to cancel service with Listing Profits, the ProfitSite will be removed from the World Wide Web and all online marketing campaigns will be discontinued. Cancellation after a period of 6 consecutive months of $199 payments, the website files will be turned over to the Client and the domain name will be transferred to Client from our Registrar to the Client account at the Registrar of their choice after payment by Client of any required fees of that chosen Registrar. If services are terminated prior to 6 months established minimum period, the ProfitSite and any other items included as part of the Service will remain the sole property of Listing Profits.

    C. Governing Law: You and Listing Profits agree that the Terms and the relationship between you and Listing Profits shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws and principles.

    D. Failure to Exercise Rights: The failure of Listing Profits to exercise or enforce any right or provision of the Terms, for any reason, shall not constitute a waiver of such right or provision.

    E. Severability: Waiver: If any provision of the Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. You and Listing Profits further agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

    F. Limitation on Claims: You agree 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    G. Refunds/Cancellation: No refunds. You may cancel your Listing Profits service at any time, however, you must notify us by phone (781-754-0025) or e-mail (support@listingprofits.com) prior to midnight of the next billing period in order to avoid being charged for the following month of service.

  13. Violations of Terms
    Report any violations of the Terms, by emailing to info@listingprofits.com.

  14. Feedback
    Your feedback on this document and on the Service is welcomed. Please send feedback to support@listingprofits.com. We may also be reached 9:00 AM to 5:00 PM EST at 781-754-0025.
 
© 2009 Listing Profits, a divison of Digital Cube Designs, Inc. All Rights Reserved.