Asset Search.us hereby sets forth the following terms and conditions which shall govern this Agreement between Asset Search (hereinafter "NPD) and Asset Searchers and others (hereinafter "Client") who desire to place a listing on National Asset Searchers.com.
LENGTH OF AGREEMENT
The length of this Agreement shall be one (1) year from the date of first posting of Client's listing information in the Asset Search.
RENEWAL
NPD will not automatically renew this Agreement each year on the anniversary of the site's inclusion. NPD will notify Client regarding expiration of the listing (s) at least thirty (30) days prior to the expiration of the listing term. Any changes to the listing Terms and Conditions will be included in the notice. If Client wishes to renew it's listing it may do so by going to Sign Up at least five (5) business days prior to the renewal date. If Client does not renew the listing at least five (5) days prior to renewal date, NPD will remove the listing. This renewal shall be based upon Terms & Conditions and Listing Rates then in effect.
LISTING PLACEMENT
Placement of Client's listing information shall be placed chronologically as client's listing information and payment are received by NPD. Should Client allow the listing expire and then renew at a later date, the listing will then be placed in order as if it were a new listing.
TERMINATION
Client may elect to remove Client's listing information from NPD, however, any listing fees that have already been paid are non-refundable.
LIABILITY
Client agrees that NPD shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Client agrees that it shall not hold NPD liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
IN NO EVENT SHALL NPD'S LIABILITY EXCEED THE TOTAL VALUE PAID TO NPD BY CLIENT.
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of California and jurisdiction shall lie within the State of California. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF CALIFORNIA.
LEGAL ACTION
Client agrees to indemnify and hold NPD harmless in any legal action which arises as a result of Client's use of NPD's services, without limitation or exception including, but not limited to any action brought against Client by a third party.
HEADINGS
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
MODIFICATION
The terms and conditions of this Agreement may be modified at the discretion of USA with 30 days notice to Client.
ENTIRE AGREEMENT
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify NPD via e-mail or regular mail of your disagreement with the above terms and conditions will constitute Client's acceptance of same.
These Terms & Conditions were last modified on February 20, 2004.