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Terms and Conditions


Terms and Conditions - Updated July 1, 2008

1. ACCEPTANCE OF TERMS AND CONDITIONS

By using this website (the "Site"), you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms and Conditions"). If you do not agree to these Terms and Conditions please do not use the Site or its services. ServiceNeighbor.com reserves the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

2. PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by ServiceNeighbor.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from ServiceNeighbor.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of ServiceNeighbor.com. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us at support@serviceneighbor.com.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Site's registration and payment forms (such information being the "Registration Data") and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ServiceNeighbor.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ServiceNeighbor.com shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ServiceNeighbor.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ServiceNeighbor.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. TERMINATION

You agree that ServiceNeighbor.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if ServiceNeighbor.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. ServiceNeighbor.com may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms and Conditions agreement may be effected without prior notice, and acknowledge and agree that ServiceNeighbor.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that ServiceNeighbor.com shall not be liable to you or any third-party for any termination of your access to the Site or for your loss of any data or information you have stored on the Site. Should you decide to cancel your account, you may do so by e-mailing support@serviceneighbor.com. Any unused credits or funds in your account shall be forfeit upon cancellation.

6. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ServiceNeighbor.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

7. LINKS

The Site may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because ServiceNeighbor.com has no control over such Sites and resources, you acknowledge and agree that ServiceNeighbor.com 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 ServiceNeighbor.com 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.

8. BILLING AND REFUND POLICY

ServiceNeighbor.com Members who are on a billing plan will be subject to charges for this software and use of the Site in accordance with ServiceNeighbor.com's standard billing practices. All subscription purchases are non-refundable and will recur per the plan you choose as indicated on our listing comparison page.

9. SEARCH ENGINE OPTIMIZATION DISCLAIMER

ServiceNeighbor.com does not guarantee search engine results or high page ranked pages. You must inform us of any changes made to your site website while ServiceNeighbor.com is optimizing it. ServiceNeighbor.com is not responsible for changes made to the website by other parties that may adversely affect the search engine rankings of your website. ServiceNeighbor.com cannot guarantee 1st page search rankings. Any other changes to search engine sites that cause unfavorable ranking results are out of ServiceNeighbor.com's control and cannot be held responsible for such actions or occurrences. You understand that our service does not include paid search engine and directory submission fees. ServiceNeighbor.com shall not be responsible for acts or causes beyond its control, including but not limited to acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters. ServiceNeighbor.com does not represent or warrant that Consumers URL's will achieve a favorable position, or any position on any search engine. ServiceNeighbor.com does not warrant or represent that the use, or, the results of the use, of the materials, Services available on ServiceNeighbor.com or provided by third parties will be correct, accurate, timely, reliable or otherwise. Consumers and Members expressly agree that use of the ServiceNeighbor.com Service is at their sole risk. All Services provided by ServiceNeighbor.com are on an 'as is' and 'as available' basis.

10. BANNER DISCLAIMER

Banner advertisements are rotated randomly and ServiceNeighbor.com does not guarantee or assure any amount of page impressions or clicks on banner advertisements.

11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICENEIGHBOR.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. SERVICENEIGHBOR.COM MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICENEIGHBOR.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

12. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVICENEIGHBOR.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SERVICENEIGHBOR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

13. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

Upon a request by ServiceNeighbor.com, you agree to defend, indemnify, and hold harmless ServiceNeighbor.com, all of its affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site. ServiceNeighbor.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ServiceNeighbor.com in asserting any available defenses.

15. INTERNATIONAL USE

ServiceNeighbor.com makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

16. CHOICE OF LAW AND FORUM

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Maryland. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the Site shall be filed only in the state or federal courts located in the state of Maryland, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.



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