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Terms & Conditiones
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1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.1 The E-Commerce Services ("ExactProduct.com" or the "Service"), owned and operated by ExactGadgets, Inc. ("ExactProduct.com") is provided to you ("you" or "Applicant") under the terms and conditions of this ExactProduct.com Directory Service Agreement (the "Agreement").
1.2 APPLICANTS: BY COMPLETING THE STORE SUBMISSION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE SUBMISSION FORM, AND THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1.3 ExactProduct.com reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often.
2.0 DESCRIPTION OF ExactProduct.com SHOPPING DIRECTORY & SERVICE
2.1 Inclusion in the ExactProduct.com is not guaranteed. The ExactProduct.com directory team will review all stores for compliance with minimum store criteria (see section 3.0 below). All stores that meet the teams criteria will automatically be included in ExactProduct.com. ExactProduct.com reserves the right to check authenticity of all email requests before acting on the requests. ExactProduct.com reserves the right to remove your store from the Directory for any reason, in our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below.
2.2 NOTHING IN THIS AGREEMENT OBLIGATES ExactProduct.com TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR STORE ANYWHERE ON ExactProduct.com OR IN THE DIRECTORY. IN ADDITION, IF YOUR STORE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES ExactProduct.com TO PLACE YOUR STORE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.
2.3 Please note that ExactProduct.com Shopping Directory & Services is only open to Stores that DO NOT ALREADY EXIST in the ExactProduct.com. Please do not submit your store to ExactProduct.com Shopping Directory & Services program if your store already appears in the Directory. Nor should you submit change requests to the ExactProduct.com Directory program. If you need to make a change to your listing in the Shopping Directory & Services (this includes changing the URL, title, and/or description of the existing site), or there is an error in your listing please, make the modify from your Merchant Account Manager.
2.4 YOUR REPRESENTATIONS REGARDING YOUR STORE
You represent and warrant that the store you are submitting for consideration does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the store submitted for consideration comply with all applicable laws and regulations.
3.0 MINIMUM STORE CRITERIA
3.1 All web stores submitted to ExactProduct.com Shopping Directory & Services must meet the following minimum criteria:
The official business name must be visible to any visitor to that site;
The store must clearly define its purpose, products, and/or services;
The store may not appear in the Directory under a different URL;
The store must not contain any parts under construction;
All links on the store must function properly; Otherwise you have the obligation to dezactivate your products if those aren't avaible for more than 2 weeks in your store - you do this from your Merchant Account Manager;
The store must be in the English language (or have an English version available);
The store must support multiple browsers and capabilities;
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND ExactProduct.com, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A SITE.
4.0 SELECTION AND LISTING OF SITES
4.1 ExactProduct.com reserves the right to decide whether, where, and how a store is listed in the Directory. If ExactProduct.com accepts your store for inclusion in the Directory and for exposure of your products, ExactProduct.com will consider your preferences, but reserves the right to list your store in any category or subcategory as ExactProduct.com deems appropriate, in its sole discretion. ExactProduct.com reserves the right not to include any specific keywords, comments, or annotations with the listing of a store in the Directory.
4.2 ExactProduct.com also reserves the right, in its sole discretion, to remove your store from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.
4.3 Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by ExactProduct.com in writing. ExactProduct.com reserves the right to withhold approval of any public announcement in its sole discretion.
4.4 ExactProduct.com is not getting any profit for your sales that are coming from our Shopping Directory & Services, also ExactProduct.com hasn't the right to ask the store owners for anyking of commission in the idea that ExactProduct.com is advertising their products and their store of the respective store owner.
5.0 FEEDBACK
5.1 ExactProduct.com has the obligation to announce the Appliant if their store has been accepted or rejected in maximum 25 days from the day the submission was done.
6.0 TERMINATION
6.1 If you wish to terminate participation in the ExactProduct.com Shopping Directory & Services program, you must send a notice to ExactProduct.com as set forth in Section 11, "Notices," below. Please state that you wish to terminate your site's inclusion in the ExactProduct.com. Once ExactProduct.com receives such notification from you, your participation in the Directory program will cease and your listing will be removed among with your active products.
7.0 APPLICANT PRIVACY
7.1 ExactProduct.com maintains information about Applicant on ExactProduct.com servers, including but not limited to Applicant's registration information. Applicant agrees that ExactProduct.com may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that ExactProduct.com may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of ExactProduct.com or others; provided, however, that nothing in this section shall impose a duty on ExactProduct.com to make any such disclosures.
7.2 ExactProduct.com may contact Applicant regarding ExactProduct.com Directory using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from ExactProduct.com.
8.0 INDEMNITY
8.1 Applicant agrees to indemnify, defend and hold harmless ExactProduct.com, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. ExactProduct.com reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.
9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
9.1 THE 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 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9.2 ExactProduct.com, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE 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 ExactProduct.com IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, ExactProduct.com'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR ExactProduct.com'S CONTINUED LISTING OF A STORE IN THE DIRECTORY.
9.3 ExactProduct.comS LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO ExactProduct.com UNDER THIS AGREEMENT.
10.0 FORCE MAJEURE
10.1 ExactProduct.com is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
11.0 NOTICES
11.1 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 ExactProduct.com, such notices shall be addressed to office@ExactProduct.com.com.
12.0 ENTIRE AGREEMENT
12.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the ExactProduct.com Terms of Service and the ExactProduct.com Privacy Policy.
13.0 GENERAL
13.1 The section titles in the Agreement are for convenience only and have no legal or contractual effect.
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