JoeAnt.com Speed-Pass Terms of Service

ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT

The JoeAnt.com Speed-Pass Service ("JoeAnt.com Speed-Pass"or the "Service"), was created by, and is solely controlled by WebTofu. WebTofu is provided to you ("you"or "Applicant") under the terms and conditions of this JoeAnt.com Speed-Pass Agreement (the "Agreement").

BY COMPLETING THE SERVICE REGISTRATION 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, ACCURATE, CURRENT AND COMPLETE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT, IN THE CASE OF A COMPANY, YOU ARE AUTHORIZED TO ACT IN BEHALF OF THE COMPANY TO COMMIT TO THESE TERMS OF SERVICE.

JoeAnt.com Speed-Pass is a fee-based service for a site review by a staff editor. All sites must be acceptable within the guidelines set forth by the directory.

JoeAnt.com, WebTofu or its Owner are 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 their reasonable control.

JoeAnt.com will determine the best topic, URL, title, keywords, and description for an accepted site's listing. JoeAnt.com will retain all control over the wording of the listing and placement within the directory. JoeAnt.com also reserves the right to move the listing to another topic or subtopic and/or change elements of the listing at any time.

The current fee for a review is US$39.99. This fee is non-refundable in whole or in part including, but not limited to, removal of the listing at the site owner's request. Payment of the fee does not guarantee a listing. The topic, title, description, ranking, and features listed are at the discretion of the staff editor.

You acknowledge and agree:

That your site meets the requirements of the guidelines. These guidelines represent the minimum requirements for a listing within JoeAnt. Other criteria may be considered when reviewing a site for a listing based on the discretion of the reviewing editor.

That nothing in this agreement obligates JoeAnt.com to list the submitted site.

If your site offers services on a subscription basis (membership site), you agree to provide the reviewing JoeAnt.com editor with a trial password or subscription for a minimum of 30 days and will be used solely to determine if the site meets the requirements for the guidelines.

Sites that do not keep up a minimum standard of quality or changes in a way that no longer complies with our guidelines will be removed. A cancellation of the listing will not obligate JoeAnt.com to refund any of the fee. If you change the domain name or make substantive changes to your site, please contact admin@joeant.com so that we can update your listing to reflect these changes. Failure to notify us of a domain name change (including site redirects) will result in removal of the listing.

It is your responsibility to provide accurate contact information (both email and physical address) and to ensure that any changes are reported to JoeAnt.com. The email address you provide during the Speed Pass application is the one that will be used to contact you regarding your submission. We do not retain the email information for any other use nor do we sell or rent it. An invalid email address will result in the site being declined/listing being removed. We are under no obligation to refund the Speed Pass fee if invalid contact information has been provided.

THE SERVICE IS PROVIDED WITH REASONABLE SKILL AND CARE, BUT IS OTHERWISE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JOEANT AND ITS OFFICERS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES 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 KIND THAT IN ANY WAY RESULT FROM ANY ASPECT OF THE SERVICE OR THE DIRECTORY, INCLUDING WITHOUT LIMITATION, YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE ACCEPTANCE, REJECTION OR REMOVAL OF YOUR SUGGESTED SITE FROM THE DIRECTORY.

JOEANT.COM LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO JOEANT.COM OR ONE OF ITS AGENTS UNDER THIS AGREEMENT.

Participation
The Applicant understands unless otherwise expressly noted, any disputes between JoeAnt.com, or Webtofu and You, under this Agreement, shall be finally resolved by a panel of three arbitrators in accordance with the rules then in effect of the American Arbitration Association and shall take place in Gila County in the State of Arizona. The award of any arbitration panel shall be final and binding on the parties.

Originality
The Applicant warrants and represents that all ideas, concepts, plans, creations, or work product submitted will be original and created by the Applicant, that publication and use thereof will not infringe any copyright or any other right of any person or entity or be otherwise unlawful. You agree to indemnify and hold harmless JoeAnt.com, WebTofu, and its owner from any claim, damage, loss, or expense (including reasonable attorney's fees) arising out of any foregoing warranties or representations.

Unenforceable
The Applicant understands If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to, the warranty disclaimer and limitations of liability set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall remain in effect.

The Applicant understands a printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GENERAL INFORMATION
The Applicant understands the failure of JoeAnt.com, WebTofu or its Owner to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court or arbitration panel to be invalid or unenforceable, the parties nevertheless agree that the court or arbitration panel shall endeavor to give effect to the parties' intentions as reflected in this Agreement, and the other provisions of this Agreement shall remain in full force and effect. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of JoeAnt.com or access to JoeAnt.com. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

These "Terms of Agreement" were updated January 31, 2010.

 

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