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* Business Agreement	THE FOLLOWING DESCRIBES THE TERMS ON WHICH QUOTEPROVIDER.COM, OR ANY PRIVATE LABEL VERSION OF THE QUOTEPROVIDER SERVICE OFFERS YOU ACCESS TO OUR SERVICES. The services available at www.QuoteProvider.com (the "Site") and private label versions of the Site ("Services") are owned and operated by AdvertEyes.com, Inc., a Georgia corporation, doing business as QuoteProvider.com ("QuoteProvider"), and are provided to you ("You") under the following terms and conditions (the "Agreement"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Services. QuoteProvider may amend this Agreement at any time by posting the amended terms and conditions on the Site or private label versions of the Site (together the "Sites"). This Agreement may not be otherwise amended except in writing signed by you and QuoteProvider. 1. SERVICES. QuoteProvider is a lead generation service that matches requests from potential customers ("Buyers") with businesses that may be able to meet their needs ("Businesses"). QuoteProvider is not involved in the actual transaction between Buyers and Businesses. Consequently, QuoteProvider cannot ensure that a transaction will occur. Further, if a transaction does occur, QuoteProvider has no control over the quality, safety or legality of the item or service sold. The Sites are a venue for You to receive requests from interested Buyers. You understand that QuoteProvider does not guarantee sales or results. You may receive any number of requests a day, or may receive zero requests for products or services on any given day and possibly throughout your participation in the QuoteProvider network. 2. REGISTRATION OBLIGATIONS. You agree to provide true, accurate, current and complete information about Your business as prompted by the registration process. If You do not, QuoteProvider has the right to deny, suspend or terminate your Service. The email address used to register must be distinct to You. You will receive an email, usually within three days, notifying You whether your registration has been approved. QuoteProvider may deny You use of the Service at its sole discretion. Specifically, the following Businesses are ineligible to participate in the Service: o Posting surveys, contests, or pyramid schemes including "MLM" or Multi-Level Marketing programs; o Aggregators of Businesses. Those Businesses that can be classified as a directory service, call center, referral network, association, franchiser, portal, search engine or something other than a destination site will be considered an aggregator; Aggregators are also those businesses which direct customers from their own business Web site to another business Web site in order to make a transaction or purchase; o Businesses are strictly prohibited from using QuoteProvider to recruit additional members or representatives for their Business except through the "Home-Based Business Opportunities" category, where offered. These businesses may QuoteProvider to leads in other categories solely for the purpose of selling the actual products or services that they provide. We reserve the right to deactivate your account if it appears that you are violating these terms. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in information you submit to QuoteProvider as part of the registration process ("Your Information"), in any media now known or not currently known, with respect to Your Information. QuoteProvider will only use Your Information in accordance with our Privacy Policy. For more information, see our full Privacy Policy. 3. BUSINESS ACCOUNT. Upon approval, you will receive a business account and password ("Your Account"). QuoteProvider reserves the right to approve or disapprove category selections to ensure that the leads provided to You are appropriate for Your business. You are responsible for all activities that occur under Your Account. You may not allow anyone else to use Your email address and You may not use anyone else's email address while using the Service. You agree to notify QuoteProvider immediately of any unauthorized use of Your Account or email or any other breach of security. QuoteProvider will not be liable for any loss or damage arising from your failure to comply. 4. FEES. At the time Your Account is created a billing cycle is assigned to Your Account. You agree to pay QuoteProvider the fees associated with the subscription plan You select upon registration for the Service. Payment shall be in U.S. Dollars. You agree to renew your subscription at the end of each term unless You cancel your account adhering to the Terms as stated in the Termination clause below. Your subscription plan will renew on or about the 7th day preceding the end date of your current subscription. Renewals are automatically charged to the credit card that You have designated for Your Account. QuoteProvider may change the prices, payment terms, plans or other options at any time, at our discretion. QuoteProvider agrees to notify you of any proposed changes. 5. BUSINESS CONDUCT. You agree to respond personally and individually to each request and not to use third party automatic response mechanisms containing a standard message and/or a link to another Web site. You may include a link to Web sites operated by parties other than QuoteProvider as long as the response is not automated. You also agree to abide by, and conform Your use of information You obtain from or about Buyers through the Service to, the then current terms of QuoteProvider's Privacy Policy. You agree to not use the Service: a) for any purpose in violation of local, state, national, or international laws; b) in a manner that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; c) to transmit, post or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by QuoteProvider Service in its sole discretion; d) to transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation. e) To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. f) To post improper responses; g) to cross-sell other products or services or responding to requests with information that does not directly relate to the Buyer's request; h) to 'stalk' or otherwise harass another; i) to distribute viruses, corrupted files, Trojan horses, or any other similar software or programs that may damage or interfere with the operation of another's computer or telecommunications equipment or utilize the resources of another's computer or telecommunications equipment without such parties express permission; j) to collect or store personal data about others; k) to engage in any other conduct that inhibits any other person from using or enjoying QuoteProvider and which negatively affects the user experience. l) to attempt to obtain competitive intelligence You acknowledge that QuoteProvider screens Your responses to Buyers and has the right (but not the obligation) in our sole discretion to deny any response or remove any content that is in violation of this Agreement. 6. TERMINATION. Either party may terminate this Agreement at any time upon thirty days written notice via email. One-month subscription plans that are currently within their term are non-refundable. For multi-month subscription plans, early cancellation will result in a pro-rated refund based on the one-month subscription price. Partially used months are non-refundable. QuoteProvider may also terminate or suspend any and all Services immediately, without prior notice or liability if You breach any of the terms or conditions of this Agreement. Upon termination of Your Account, Your right to use the Services and any information about Buyers obtained via the Service will immediately cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination. 7. RELEASE. Because we are not involved in the actual transaction between buyers and businesses, in the event that you have a dispute, for any reason, You release QuoteProvider (and our officers, directors, agents, and employees) form claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 8. USE OF BUSINESSES NAME. You acknowledge and agree that by participating in the Service, QuoteProvider shall have the right, without any compensation to You, to utilize the name of your business in QuoteProvider's promotions, press releases, public relations, advertisements, and/or other sales and marketing activities. 9. QUOTEPROVIDER’S PROPRIETARY RIGHTS. You acknowledge and agree that the Sites and Service and any necessary software used in connection with the Sites or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on the Sites or presented to you through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by QuoteProvider, you agree not to modify, sell, distribute or create derivative works based on the Sites, Service or software, in whole or part. 10. UPGRADES, SUPPORT AND NOTICES. From time to time, QuoteProvider may (and has the right to) send You information and offers about upgrades, documentation and other services offered by QuoteProvider and its Partners. Notwithstanding the foregoing, under no circumstances will QuoteProvider or any of its Partners have any obligation to provide You with upgrades, enhancements, modifications, or support for the Services or Sites. 11. INDEMNITY. You agree to indemnify and hold QuoteProvider, its parents, subsidiaries, affiliates, officers, employees and service providers and partners ("Partners"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following: Your use of the Services, use of Your Account by any third party, purchase or use of Your products or services, Your use of information about Buyers obtained via the Service, the violation of this Agreement by You, or the infringement by You, or any third party using Your Account, of any intellectual property or other right of any person or entity. 12. WARRANTY DISCLAIMER. You use the Services at Your own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER QUOTEPROVIDER NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the above limitations may not apply to you. 13. LIMITATION OF LIABILITY. IN NO EVENT SHALL QUOTEPROVIDER OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES, THE USE OR THE INABILITY TO USE THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT FEES YOU PAY US IN THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. GENERAL. This agreement constitutes the entire agreements between You and QuoteProvider. The rights and obligations of the parties under this Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather such rights and obligations shall be governed in all respects by the laws of the State of Georgia without regard to its conflict of law provisions. The Superior Court of Fulton County, Georgia will have exclusive jurisdiction and venue over all controversies in connection herewith, and each party hereby consents to such exclusive and personal jurisdiction and venue. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language. Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You without QuoteProvider's prior written consent. QuoteProvider may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind QuoteProvider in any respect whatsoever. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
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