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TERMS & CONDITIONS

World Wide Data, LLC License and Service Agreement

 

This agreement (the "Agreement") is a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and World Wide Data ("World Wide Data, LLC"). This Agreement governs your use of the World Wide Data, LLC software, web site, plug-in, components, applications, functionality, services or program, including any updates that may be provided to you and any accompanying written documentation.

 

PRIVACY AND COMMUNICATIONS

 

You acknowledge and agree that World Wide Data, LLC may occasionally send you administrative communications regarding your account or the Service via email.

 

Please see the World Wide Data, LLC Privacy Policy, which is incorporated into this Agreement by reference.

 

ACCOUNTS, PASSWORDS, AND SECURITY

 

You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password or the encryption key (if applicable)for your account, you may not be able to access your Data.

 

ACCEPTABLE USE AND CONDUCT

 

You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless World Wide Data, LLC and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.

 

The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.

 

Any unauthorized use of any World Wide Data, LLC computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

 

CONSENT TO COLLECT NON-PERSONAL INFORMATION; USE OF DATA

 

The Software and Service may collect certain non-personally identifiable information that resides on your computer. This information collected will be sent to World Wide Data, LLC and may be used by World Wide Data, LLC without restriction.

 

TERMS AND CONDITIONS

 

Clickbank is the service provider that records your order and processes your payment. If you have any questions or problems with your service, please contact us first to resolve your issue. Clickbank does not provide any type of customer service or technical support on the product you have purchased. Here are their terms regarding payments and refunds:

  • Your purchase will appear on your bank statement under the name "CLKBANK*COM".
  • ClickBank will, at its discretion, allow for the return or replacement of any defective product within 60 days from the date of purchase. For more detail see their return policy.
  • The geographic location of your computer has been determined and recorded. All attempts at fraud will be prosecuted.
  • Information submitted in conjunction with this order is handled within the constraints of their privacy policy.
  • Your name and email address may be provided to theLocalSearchPros.com upon completion of this purchase.
  • The ClickBank Marketplace is not a chartered bank or trust company, or depository institution.
  • The ClickBank Marketplace is not authorized to accept deposits or trust accounts and is not licensed or regulated by any state or federal banking authority.

 

CHANGES TO THE SERVICE AND TERMS AND CONDITIONS

 

In addition to any changes Clickbank may make to there terms in processing your order, World Wide Data, LLC reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole discretion with or without notice.

 

World Wide Data, LLC will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on World Wide Data website. However, in no event will World Wide Data, LLC be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.

 

World Wide Data, LLC reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the World Wide Data website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.

 

Please review the most current version of this Agreement from time to time, located at http://www.thelocalsearchpros.com/terms.php (or such successor URL as World Wide Data, LLC may provide), so that you will be apprised of any changes.

 

LOCAL BUSINESS DIRCTORY LISTING

 

The business information you provide will be submitted to numerous databases for inclusion into online sites such as yellowpage guides, local business directories, mapping sites, search engines as well as GPS navigation systems, 411 services and directory assistance. The exact list of sites to where your business information is submitted can change periodically. While most of these sites accept business data submissions automatically, there is no guarantee that every site will accept your listing. Most sites update their listings quickly, however some sites may take up to 90 days to post your business listing.


Please make sure that you double check your business listing information before submitting it to us. If we notice an error in your data we will contact you, however you are solely responsible for the information you submit to us. If you later notice an error in your data that has already been submitted, there will be an additional charge to update your listing. If you have any questions or concerns please contact us here.

 

DISCLAIMER OF WARRANTIES

 

THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WORLD WIDE DATA LLC AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.

 

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL WORLD WIDE DATA LLC OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WORLD WIDE DATA LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

 

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF WORLD WIDE DATA LLC AND ITS SUPPLIERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO WORLD WIDE DATA, LLC FOR THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN WORLD WIDE DATA, LLC AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

 

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.

 

TAXES

 

State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges may be a flat fee or a percentage of your World Wide Data charges and may change without notice. These charges are based on the rates applicable to the address you provided to us.

 

You are responsible for all applicable taxes, fees, or charges for your subscription, use, or payment for our service or your device. These amounts are in addition to the payment for your service or devices. We will bill these charges to your payment method according to the terms in this agreement.

 

If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status. Tax exemption will only apply from the date we receive your certificate.

 

MISCELLANEOUS PROVISIONS

 

You acknowledge and agree that the Software which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo by the United States government, you are not entitled to use the Software or Service.

 

This agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

 

The failure of World Wide Data, LLC to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

 

This Agreement, which incorporates the World Wide Data, LLC Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by World Wide Data, LLC.

 

All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving Broward County, Florida and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit World Wide Data, LLC from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.

 

You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of World Wide Data, LLC World Wide Data, LLC may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.

 

Contacting World Wide Data, LLC

 

Users with questions about this Agreement or the Privacy Policy may contact World Wide Data, LLC via email: support@wwd.net