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 within two (2) business days. All sites must be acceptable
within the guidelines
set forth by the directory.
JoeAnt.com,
WebTofu or it's 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. Applicant
All
sites submitted through JoeAnt.com Speed-Pass will be reviewed
by a staff editor for inclusion in the directory. You will be
advised by email whether or not the site has been accepted for inclusion.
If the site is declined, you will receive information regarding the
reasons the site cannot be listed. You may make changes to bring
the site to directory standards and request one reconsideration of
the review within 2 weeks after the first review. This
request should be made by email to admin@joeant.com.
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.
The submitter of the site is entitled to request one reconsideration
of the placement, title, description, or other elements of the listing
within 30 days of the acceptance of the site. This request should
be made by email to admin@joeant.com.
If JoeAnt.com reaffirms its denial of the site, no further appeals
or submissions will be considered.
JoeAnt.com
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.
If
you wish to discontinue your listing, you must send a notice of your
intent to JoeAnt.com stating your wish to withdraw from the JoeAnt.com
Speed-Pass Service. At that time, your listing will be removed
and no further charges will be incurred. A cancellation of the
listing will not obligate JoeAnt.com to refund any of the fee.
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
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 it's 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 it's
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 created December 2nd 2002.
