Terms of Service
1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.0.1 It is hereby agreed that www.2ad3.com Ultimate Online Shopping Directory may also be referred to as Epic Marketing USA with respect to this document.
1.1 The Epic Marketing USA ("Ultimate Online Shopping Directory" or the "Service"), owned and operated by Epic Marketing USA is provided to you ("you" or "Applicant") under the terms and conditions of this Epic Marketing USA 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 Ultimate Online Directory 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 Epic Marketing USA
2.1 Inclusion in the Directory is not guaranteed. The Ultimate Online Directory directory team will review all Ultimate Online Shopping Directory stores for compliance with minimum store criteria (see section 3.0 below). All stores that meet the teams criteria will automatically be included in the marketplace. Store owners that do not wish to have their store included in the marketplace must submit a request through the "Contact Us" form at the bottom of the website.. Ultimate Online Shopping Directory reserves the right to check authenticity of all email requests before acting on the requests. Ultimate Online Shopping Directory 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 Ultimate Online Shopping Directory TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR STORE ANYWHERE ON Ultimate Online Shopping Directory OR IN THE DIRECTORY. IN ADDITION, IF YOUR STORE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES Ultimate Online Shopping Directory 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 Ultimate Online Shopping Directory Directory is only open to Stores that DO NOT ALREADY EXIST in the Directory. Please do not submit your store to Ultimate Online Shopping Directory program if your store already appears in the Directory. Nor should you submit change requests to the Ultimate Online Shopping Directory program. If you need to make a change to your listing in the Directory (this includes changing the URL, title, and/or description of the existing site), or there is an error in your listing please, submit an internal trouble ticket from your Ultimate Online Shopping Directory Storefront System administration panel.
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 Ultimate Online Shopping Directory 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;
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 Ultimate Online Shopping Directory, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A SITE.
4.0 SELECTION AND LISTING OF SITES
4.1 Ultimate Online Shopping Directory reserves the right to decide whether, where, and how a store is listed in the Directory. If Ultimate Online Shopping Directory accepts your store for inclusion in the Directory, Ultimate Online Shopping Directory will consider your preferences, but reserves the right to list your store in any category or subcategory as Ultimate Online Shopping Directory deems appropriate, in its sole discretion. Ultimate Online Shopping Directory reserves the right not to include any specific keywords, comments, or annotations with the listing of a store in the Directory.
4.2 Ultimate Online Shopping Directory 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 Ultimate Online Shopping Directory in writing. Ultimate Online Shopping Directory reserves the right to withhold approval of any public announcement in its sole discretion.
4.4 Ultimate Online Shopping Directory referral data and sales data will be tracked and used for the Seller program. The number of orders earned from Marketplace referrals as well as cumulative dollar revenue will be calculated and displayed via a Seller shield next to qualified store listings.
5.0 FEEDBACK
5.1 Ultimate Online Shopping Directory will contact Applicant by email describing whether the store has been accepted or rejected. If the store is rejected, Applicant is entitled to request (1) reconsideration, or appeal, of the store by sending an email to the address provided by Ultimate Online Shopping Directory. Ultimate Online Shopping Directory must receive the Applicant's email within thirty days from the date that Ultimate Online Shopping Directory transmits the rejection email to the Applicant. If the request is timely received, Ultimate Online Shopping Directory will again review the Applicant's store and will then notify Applicant of its final decision regarding including the store in the Directory. If Ultimate Online Shopping Directory reaffirms its' denial of the site, no further appeals or submissions will be considered.
6.0 TERMINATION
6.1 If you wish to terminate participation in the Ultimate Online Shopping Directory program, you must send a notice to Ultimate Online Shopping Directory as set forth in Section 11, "Notices," below. Please state that you wish to terminate your site's inclusion in the Ultimate Online Shopping Directory. Once Ultimate Online Shopping Directory receives such notification from you, your participation in the Directory program will cease and your listing will be removed.
7.0 APPLICANT PRIVACY
7.1 Ultimate Online Shopping Directory maintains information about Applicant on Ultimate Online Shopping Directory servers, including but not limited to Applicant's registration information. Applicant agrees that Ultimate Online Shopping Directory may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that Ultimate Online Shopping Directory 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 Ultimate Online Shopping Directory or others; provided, however, that nothing in this section shall impose a duty on Ultimate Online Shopping Directory to make any such disclosures.
7.2 Ultimate Online Shopping Directory may contact Applicant regarding Ultimate Online Shopping 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 Ultimate Online Shopping Directory.
8.0 INDEMNITY
8.1 Applicant agrees to indemnify, defend and hold harmless Ultimate Online Shopping Directory, 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. Ultimate Online Shopping Directory 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 Ultimate Online Shopping Directory, 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 Ultimate Online Shopping Directory IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, Ultimate Online Shopping Directory'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR Ultimate Online Shopping Directory'S CONTINUED LISTING OF A STORE IN THE DIRECTORY.
9.3 Ultimate Online Shopping DirectoryS LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO Ultimate Online Shopping Directory UNDER THIS AGREEMENT.
10.0 FORCE MAJEURE
10.1 Ultimate Online Shopping Directory 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 Ultimate Online Shopping Directory, such notices shall be addressed to directory@Ultimate Online Shopping Directory.com If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Ultimate Online Shopping Directory is notified of any changes to Applicant's address as specified in this Section.
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 Ultimate Online Shopping Directory Terms of Service and the Ultimate Online Shopping Directory Privacy Policy.
