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Terms & Conditions (User Agreement)

This Terms of Use Agreement was last updated on 9/2/14.

This Terms of Use Agreement ("Agreement") sets forth the terms and conditions governing your use of this online service ("Service") at this web site ("IndustryListings.com") through which our company SmartNet Media Inc (hereafter Company) offers the Service. By using the Site, you agree that the terms and conditions of this Agreement, as it may be amended from time to time, govern your use of the Site and the Service. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Service and leave the Site. We reserve the right, at any time, to modify, alter, replace or otherwise update the terms and conditions of this Agreement without prior notice. Any such terms and conditions shall become effective immediately upon being posted at the Site. Your continued use of any Service after amendments are posted constitutes an acknowledgement and acceptance of the latest Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service
Through the Service, we are providing you with online classified advertisements, internet directory listings, resume postings and other related advertisements and postings. You must (1) provide all equipment necessary for your own Internet connection, including computer and modem, (2) provide for your access to the Internet, and (3) pay any fees to others required for such connection.

2. Disclaimer of Warranties
We provide the site on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Company shall have no liability for any interruptions in the use of the Site or the Service. COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, the above exclusion may be inapplicable to you.

3. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE "SERVICE," THE "SITE" OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.

4. Indemnification
Indemnification Obligations. Users/person or entity (hereafter as User) posting ads on Company´s site IndustryListings.com (or by another User of Company´s site using your computer) will defend, indemnify and hold harmless Company and Affiliates and their respective employees, directors, officers, agents and representatives (each an "Indemnitee") from and against any and all Losses including reasonable attorney fees and related costs, that we are required to pay any third party due to, or arising out of, your use of the website or the Service. This includes issues arising out of or related to third party Claims asserted against, imposed upon or incurred by an Indemnitee due to, arising out of or relating to: (a) any actual or alleged breach of Users representations, warranties, or obligations set forth in this Agreement or any Users breach of Company´s Terms of Use; (b) violation of any law, regulation or third-party right; (c) User´s own website or other sales channels, User´s Products (including the advertisement, offer, sale or return of any of User´s Products), User´s Content, any actual or alleged infringement of any intellectual property or proprietary rights by User Products or Content; (d) personal injury, death or property damage arising from User´s Products; and (e) any and all income, sales, use, ad velorem, and other Taxes, surcharges, fees, assessments or charges of any kind whatever, together with any interest, penalties and other additions with respect thereto, imposed by any federal, state, local or foreign government in any way related to the sale of the Products or Services on Company´s site IndustryListings.com.

4.1 Procedure for Indemnification. Upon receipt of notice, from whatever source, of Claims against Company for which User is obligated to indemnify Company, User immediately shall take necessary and appropriate action to protect Company´s interests with regard to the Claims. Company shall notify User of the assertion, filing or service of any Claims of which Company has knowledge, as soon as is reasonably practicable.

4.2 Settlement. User, in the defense of any Claim, shall not, except with the prior written consent of Company, consent to entry of any judgment or enter into any settlement that does not include as an unconditional term the giving by the claimant or plaintiff to Company or a release from all liability and blame with respect to the Claim. Company shall have the right at all times to accept or reject any offer to settle any Claim against it.

5. Registered User´s Account
When you register to use the Service, you will become a registered User of the Service ("Registered User") and will select a user name and password. If you are a Registered User, you must use that user name and password each time you log in to the Service. Registered Users are entirely responsible for any and all activities that occur under their account regardless of whether the Registered User authorized such activity. You agree to notify Company of any unauthorized use of your account, user name or password, or any other breach of security known to you. Your right to use the Service can be revoked by Company at any time for any reason or for no reason. Such right is personal to you and you agree not to resell or make any commercial use of the Service or any part thereof without the express written consent of Company. By registering for the Service, you agree to receive periodic emails that will be sent to the email address you registered with, such as, but not limited to, registration confirmation, ad placement confirmation, contact email, ad placement confirmation, reminders, special offers and website newsletters.

Registering, Subscribing, Posting (ie: signing up to create an account, listing/posting of ads, storefront subscriptions, etc) have different required and non-required fields and items for each. See Registration Page, Post an Ad and Creating a Storefront sections for current requirements. Required and non-required fields and items are subject to change anytime without notice.

Registered User has the option of filling in only the required fields and is solely responsible for which fields are filled in and displayed. Registered User has the option of following this guide or choosing to not use the service.

Communications sent between Users, subscribers, members, buyers, sellers and other individuals using our email or communication services may be reviewed by the Company. Company has the right (but is not obligated) to review communications sent through our system for fraudulent or malicious intent, site violations and for other purposes as Company deems fit. User uses Service at Users own risk.

6. Modifications and Interruption to Service
Company reserves the right to modify or discontinue the Service without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the Service. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Company´s control.

Company reserves the right in their sole discretion to change or move the User´s Ad Post/Listing (or other type of postings such as a Resume, adv banner, etc) to the most appropriate category or location Company deems fit. Additionally, Company reserves the right in their sole discretion to refuse, remove or edit any listing Company deems inappropriate. This may include but not be limited to: offensive material or language, inappropriate or unrelated content.

7. Third-Party Sites
The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Company is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites may be subject to the terms of use and privacy policies of each such site, and Company is not responsible therefore. We encourage you to review the terms of use and privacy policies of such third-party sites.

8. Disclaimer Regarding Accuracy of Vendor Information
Product or service specifications and/or other information you may view or access through the Service have been provided by others (ie: third party vendors, sellers, posted by others or collected from publicly available sources). As a consequence, we make no representations or warranties as to the accuracy or reliability of any information provided on the Site.

Company makes no warranties or representations whatsoever with regard to any product or service provided or offered by any vendor, person, seller, poster of content, etc and you acknowledge that any reliance on representations and warranties provided by any of these parties shall be at your own risk.

9. Governing Law; Jurisdiction of the Courts; Attorney Fees
The Site and the Service are operated and provided in the State of Florida in the United States of America. As such, this Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida without reference to any conflict or choice of law rules that would defeat the application of Florida law.

We make no representation that the Site or the Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site, you agree to do so subject to the internal laws of the State of Florida. Any cause of action you may have with respect to your use of the Site or the Service must be commenced within one (1) year after the claim or cause of action arises.

VENUE, CHOICE OF LAW, AND ATTORNEYS FEES: In the event of any litigation arising out of this Agreement, all parties hereto agree that (i) the venue for any such litigation shall be Broward County, Florida, United States Of America (ii) Florida law shall apply both procedurally and substantively, and (iii) the non-prevailing party shall reimburse the prevailing party for all attorney fees (including paralegal fees) and costs incurred through and including any appeals as well.

10. Compliance with Laws
In your use of the Site and the Service, you are responsible for compliance with all laws applicable thereto. You may not use the Service in any way that violates applicable local, state, Federal, national or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, Federal, national or international law or regulation.

11. Copyright and Trademark Information
The copyright in certain content included or available on the Site, including, without limitation, Site design, text, graphics, interfaces, and the selection and arrangement thereof is owned by the Company or its licensors, vendors or advertisers, with all rights reserved therein. Any use of materials taken from the Site, including, without limitation, reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written permission of an authorized officer of Company is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or method, or manual process to monitor or copy the Site's web pages or the content contained therein without the prior written permission of an authorized officer of Company.

Trademarks displayed by vendors on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by Company of those owners, any products or services they advertise or sell, or any other materials contained on their web sites. In addition, the use of trademarks or links to the web sites of our vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Company or that the Company endorses or vouches for such vendor or any product or service advertised or offered thereby.

By using the Site, you agree not to improperly use another party's intellectual property. If anything you post on the Site is alleged to be an infringement of another party's intellectual property rights, your advertisement will be removed from the Site and you will be directed to settle the difference with the intellectual property owner. You will not be refunded any fees should it become necessary to remove your advertisement. You further agree to indemnify and hold the Company harmless for any possible liability that may arise from your improper or infringing use of another party's intellectual property. The indemnification shall extend to, and not be limited to, the cost of any and all legal fees incurred by the Company to defend against or respond to any allegation of improper or infringing use of the intellectual property rights of another.

12. Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Company's Designated Agent. Please click here to see the Notice and Procedure for Making Claims of Copyright Infringement. It is the policy of this Company to respond to clear notices of copyright infringement that comply with the procedure for notices set forth in such statement. All such notices must be in writing and signed by you, and given to us by email, regular postal mail or fax.

You may not post infringing content on the Site. If you do, we may remove or disable access to the infringing content. It is Company policy, in appropriate cases, to cancel the registration of repeat infringers and terminate their access to the Service.

13. Content Usage
All Users agree to allow Company to use any information provided to us on our Site, and grant to us a non-exclusive, irrevocable, royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights users have in their content. This includes any media known now or in the future. These rights allow us to host and display your content.

14. Objectionable Materials
Company does not and cannot review all content available through the Service or materials posted to the Site by third persons, including Registered Users. Company is not responsible for any such advertisements or materials. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement. While Company will endeavor to enforce the terms of this Agreement, we cannot warrant or represent that Registered Users will in fact adhere to this Agreement and cannot act as insurers against, or accept any liability for, their failure to do so.

15. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement, any other agreements referenced herein, and any information you provided Company, may be assigned by Company, in our sole discretion, to a third party in the event of a liquidation, merger or acquisition involving the Company. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between Company in relation to your participation as a Registered User. By accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and the other practices described in our Privacy Policy. Please review our Privacy Policy, which is incorporated in this Agreement by this reference as if fully set forth in this Agreement. Section headings in this Agreement are for convenience only and shall not be used in the interpretation of any provision of this Agreement.

16. Privacy Policy
If you do not agree with this Privacy Policy and our User Agreement, do not use or access our services. This Privacy Policy is effective on September 2, 2014, upon acceptance for new registering Users.

What We Collect
The reason we collect personal information is to provide a smooth and customized experience for our users. This allows us to provide the services needed to operate an effective Site for our customers. The following describes how the Company will collect and utilize your personal information.
Contact: first and last name, business name (if applicable), city/state and email address.
Purpose: registration, identification, basic location, company mailings, and administration purposes.
Financial: collected by credit card processor if applicable.
Purpose: bill you for your use of our services if applicable. Credit card processor and gateway protects your information with industry-leading security and fraud prevention systems.
Demographic: how did you hear about us, referral source, etc.
Purpose: to let us know how you heard about Company and to better customize our users interests and preferences.

Sharing Information
Company may share information with our advertisers and/or partners, but will not share personal financial information.

Company Emails
Company sends registered users emails for various purposes such as: to complete the registration process, confirm the correct email address. Registered users will occasionally receive information on special deals, services, products, and other company news.

Cookies
Cookies are a piece of data stored on your hard drive containing information about you. Cookies are stored on your computer only and are in no way linked to any personal information while on our Site. For example, by using cookies on our Site, you would not have to log in a password more than once. If you reject the cookie, you may still use our Site, but you will have to log in repeatedly.

Links
If you choose to use any other websites or services linked to our Site, disclose personal information, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We are not responsible for the privacy practices/user agreements or content of other websites and services.

Public Communication Venues
Company may provide chat rooms, forums, message boards, news groups or other public communication venues. Users should know that personal information submitted in these types of communication venues can be read, collected and/or used by others. If you disclose any personal information in these areas, it becomes public information. Company will not be responsible or held accountable for such actions. Please exercise caution when deciding to disclose any personal information in areas such as these.

Buyer and Seller Information
To enable interaction between all Company registered Users, limited access is allowed to other users contact information. This gives the appropriate information to the buyer and seller in order to complete a successful transaction.

Law Disclosures
Company can disclose information about you to law enforcement, other government officials and/or other third parties to enforce the law (for any illegal or suspected unlawful acts) as we believe necessary. Company reserves the right to communicate any information about you (unless restricted by Law) to other users and/or law enforcement as we determine necessary to maintain the high level of trust and safety within our Site.

Security
Company uses industry standard firewalls and Secure Socket Layers to protect the confidentiality of your personal information. To provide our users with an additional blanket of security, we also use many other discrete security techniques to protect your data from unauthorized access. When a user enters sensitive information (such as a credit card number), the information is encrypted and protected with encryption software. Users will know they are on a secure page when the browser shows a locked icon on the bottom or top of their web site browser (location of locked icon varies with every browser), as opposed to un-locked icon when you are just browsing.

Change of Personal Information
Company allows its Users to correct or update their personal information. This can be done by logging into My Account and clicking on Personal Information.

SEO (Search Engine Optimization)
Company makes to representation and shall not be responsible for Users ability or inability to improve Users own website position/ranking in search engines. Search engine position will vary depending on, among other things, your existing SEO strategies and other website factors that are not in Company's control.

Free Trial/Satisfaction Guarantee
When free trial offer is available as shown on Company site, free trial period shall run when User activates free trail token for placing Ad/posting and shall run for a period as currently offered/advertised on Company site. Free trial offer is available upon User registration completion. If User does not redeem/use free trial offer within 1 year period from User regristration, free trial shall expire. Company shall have no further obligation to reactivate said free trial for User. User agrees to use free trial offer (when available) to evaluate Company's paid services prior to purchasing services. User may purchase services at any time whether or not User elects to redeem free trial offer prior to purchasing services. User takes full responsibility for paying for services that User selected.

Misc
Company reserves the right in Company´s sole discretion to delete Users listings and/or block User´s account indefinitely, or take any other action as Company deems appropriate, if User manipulates the Service in any way. This includes but is not limited to; creating multiple User accounts.