Directory Listing Agreement

The Investigator Directory, Directory Listing Agreement

Important Notice!

This agreement applies to the listing of a business at The Investigator Directory.

http://www.investigator-directory.net.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE WITH THIS PROCESS.

You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks or any other rights or licenses belonging to The Investigator Directory, Licensors or Agents beyond those expressly granted in this Agreement.

This contract 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 contract will be effective only if in writing and signed by William Goulet of FYI Investigations of Alabama or its Licensors.

Termination

The Investigator Directory may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate.

No Warranty

THE INVESTIGATOR DIRECTORY PROVIDES LISTINGS IN AN ON-LINE INTERNET DATABASE "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. THE INVESTIGATOR DIRECTORY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF CONTENT, MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

Indemnification

You agree to defend, indemnify and hold harmless The Investigator Directory, Licensors or Agents against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency or liability (including, without limitation, attorneys' fees) imposed upon, incurred by or asserted against The Investigator Directory, Licensors or Agents that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations or omissions in connection with this Agreement, (c) any modification or alteration of a Directory Listing (other than one made by THE INVESTIGATOR DIRECTORY), and/or (d) any warranty, condition, representation or indemnity granted by you for any Software Component.

Limitation on Liability

IN NO CASE SHALL THE INVESTIGATOR DIRECTORY, LICENSORS OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF THE INVESTIGATOR DIRECTORY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE INVESTIGATOR DIRECTORY 'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO THE INVESTIGATOR DIRECTORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, THE INVESTIGATOR DIRECTORY 'S LIABILITIES SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.

Modifications to the Directory Listing Agreement

We may change the Directory Listing Agreement and or the Terms of Service from time to time. It is your responsibility to check this document periodically for any changes or modifications as there will be no individual notices to Members regarding such changes or modifications. Your continued use of the Service constitutes an affirmative acknowledgment by you of the Directory Listing Agreement and the Terms of Service and any subsequent modifications made to them and your agreement to abide and be bound by them.

Directory Listing

A listing in The Investigator Directory has a standard term of 1 year (12 months).

A single listing consists of a webpage custom tailored for your company using either your website or information supplied by you. Single listings include one state or country under one category. (Example: Alabama Process Server or Germany Private Investigator)

By requesting a listing in The Investigator Directory via Telephone, Electronic mail or postal mail, you are agreeing to be bound by the Terms of Service (TOS) and the Directory Listing Agreement (DLA). Your request for inclusion within The Investigator Directory enters you into a legal and binding contract for services related to your specific listing(s) in the directory and advertising related to the promotion of your listing(s). You agree to the use of your company Logo and specific identifying information concerning your company either supplied by you, retreived from your company website or found at other sources throughout. By requesting a listing in The Investigator Directory, you are acknowledging that you have the legal and professional capacity within your company to make financial decisions relating to paid advertising for your company.

Payment

By requesting a listing in The Investigator Directory, you are obligating yourself as your company's representative to make the appropriate payment arrangements for your listing(s) in the directory. You must pay in U.S. dollars, by credit card or branded debit/check card. Payments are made in advance of listings going online via paypal email invoice, direct email invoicing or advance pay followed by an email receipt for your records. Occasionally, at our discretion we will make other arrangements for payment in good faith. Arrangements made other than prepay does not negate our claim to payment for services rendered. Payment for a listing is due upon receipt of invoice for the listing(s). Discounts and specials are made from time to time but become void if payment is not made to terms. Customer may pay their bill by direct debit, credit card, echeck, utilizing paypal or by mailing a cheque or money order to the remittance address set forth in the invoice emailed to Customer. If payment is returned or rejected by a bank or other financial institution for any reason (i.e., non-sufficient fund or NSF cheque, overdrawn account for pre-authorized payment, over the limit credit, expired date on credit card), then Customer shall pay a $25 return or rejection charge and any other applicable fees incurred. Customer authorizes The Investigator Directory to refer its account, if past due, to attorneys and / or collection agencies for further action and further agree that if any invoice is not paid by you or your company within fifteen days after it is rendered, it will be subject to a 10% service charge. A fee at the rate of 1.5 % per month (or the maximum rate allowed by law) is incurred thereafter. Customer shall also pay any and all costs, fees and expenses that The Investigator Directory incurs to collect any charges from Customer, including without limitation all court costs, attorneys' fees and collection agency fees and commissions as allowed by law. Failure to pay to terms will result in your company contact information being removed from your listing, i.e. street address, phone, fax and cell numbers. Website and email links will be redirected to an internal Suspended or On Hold page. The phrase "THIS LISTING HAS BEEN SUSPENDED UNTIL FURTHER NOTICE" will be placed in the contact area of the listing. This phrase will be linked to an internal page "Suspended or On Hold" which gives a possible reason why the listing was suspended. Your listing will remain online (less contact information) and time will continue to be deducted from the listing term. All information will be restored when payment in full has been received. Time lost for non-payment or breach of this agreement will not be reinstated. We may, in good faith, wait up to three months before suspending a listing. Companies with suspended listings are still responsible for full payment including but not limited to late fees that have incurred.

Invoices are sent to customer via email only. Customer must request alternate invoicing if needed.

Cancellation

Cancellation of your listing must be made within three (3) business days from the date that you are first notified of your listing(s) being placed online. At which time a full refund will be made with the exception of fees incurred from payment method used. There will be no refunds issued after the cancellation period has elapsed. Cancellation policy also applies for listings that are not a pre-paid with the exception that cancellation must be made within three (3) business days from the date that your listing(s) are online. At this time you will receive an invoice by Electronic mail (E-Mail). Failure to cancel your listing(s) within the specified period will then place you invoice due within 15 days.

Failure to cancel your listing(s) within three business days constitutes your acceptance of the listing(s) as is.

Cancellation of listing(s) must be made in writing by one of the following methods; Electronic mail (Email), facsimile or USPS. Phone calls will not be accepted as cancellation.

Delinquent Accounts

Customer understands and agrees that only contact information is removed from suspended accounts. Customer understands that information regarding customers company such as business name, Logo, company representative and other non contact information will remain online within customers listing even if said listing becomes suspended.

Due to high costs of litigation and the amount of time involved, The Investigator Directory has chosen a short term alternative prior to taking such actions. Customers who allow there accounts to go 45 days past due could at our discretion be listed on one or all of the internet sites below as a “Dead Beat Company”. We also place our coments regarding dead beat companies on local advertising sites that allow for company ratings. This will allow the public at large to see how a company conducts themselves prior to doing business with them. This will also allow a compan's to publicly respond with their side of the story.

www.RipoffReport.com

www.Complaints.com

www.Blagger.com

www.consumeraffairs.com

complaintstation.tribe.net

We may also file complaints with your local Attorney Generals office and Better Business Bureau.

Miscellaneous

You have no authority to act on The Investigator Directory 's, Licensors or Agents behalf or to bind The Investigator Directory to any obligation or representation, and you and The Investigator Directory shall not be deemed to be partners, joint ventures or agents of the other. This agreement will be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this contract to be unenforceable, the remainder of the contract will continue in full force and effect. The provisions relating to No Additional Licenses, Termination, No Warranty, Limitation on Liability, Indemnification, Export Law Assurances and Miscellaneous shall survive the termination of this Agreement. This Agreement is the complete agreement between you and The Investigator Directory concerning the Directory Listing. The failure or delay of The Investigator Directory to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.

U.S. Government Restricted Rights

If this license is acquired under a U.S. Government contract, use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013(c)(1)(ii) for Department of Defense contracts and as set forth in FAR 52.227-19(a)-(d) for civilian agency contracts. The Investigator Directory reserves all unpublished rights under the United States Copyright laws.

Digital Millennium Copyright Act of 1998 ©Copyright 2005 The Investigator Directory. All rights reserved. Copyright in this document is owned by The Investigator Directory, a division of FYI Investigations of Alabama. Any person is hereby authorized to view, copy, print, and distribute this document subject to the following conditions:
1. The document may be used for informational purposes only.
2. The document may only be used for non-commercial purposes.
3. Any copy of this document or portion thereof must include this
copyright notice.

Note that any product or process described in the document may be the subject of other Intellectual Property rights reserved by William R. Goulet and are not licensed hereunder.

RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the U.S. Government is subject to
restrictions of FAR 52.227-14(g)(2)(6/87) and FAR 52.227-19(6/87), or DFAR
252.227-7015(b)(6/95) and DFAR 227.7202-3(a).

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THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.

THIS PUBLICATION COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW
EDITIONS OF THE PUBLICATION. WILLIAM R. GOULET MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED IN THIS PUBLICATION AT ANY TIME.
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