1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.1 The Geezle.com service ("Service"), owned and operated by Blum & England, Inc. dba Geezle ("Geezle") is provided to you ("you" or "Applicant") under the terms and conditions of this Geezle.com User Agreement (the "Agreement").
1.2 By using this service you agree to provide true, accurate, current and complete information including an accurate email address as prompted by any form on this service and you agree to be bound by this agreement.
1.3 Geezle reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time. If Geezle is unable to successfully charge your card or if any charge is unsuccessful, your site will be removed. It is the applicant’s responsibility to keep credit card and other billing information current.
2.0 DESCRIPTION OF GEEZLE SERVICE
2.1 Nothing in this agreement obligates Geezle to accept or otherwise host your site anywhere in the Directory. In addition, if your site listing is accepted, nothing in this agreement obligates Geezle to place your site within a specific category or subcategory of the Directory or to accept the listing without administrative alterations.
3.0 MINIMUM SITE CRITERIA
3.1 All web sites submitted to Geezle must meet the following minimum criteria:
· The listing must link to the store front or, preferably, a specific page of merchandise within the store.
· The site must not contain any content, products, services or other information that, in Geezle's reasonable determination, may be illegal to sell under any applicable law, statute, ordinance or regulation, that may infringe or violate anyone's rights, or that, Geezle believes, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of Geezle.
These criteria are minimum requirements only, and Geezle in its sole discretion, may consider other criteria before accepting or rejecting a site.
4.0 SELECTION AND LISTING OF SITES
4.1 Geezle reserves the right to decide whether, where, and how a site is listed in the Directory. If Geezle accepts your site for inclusion in the Directory, Geezle will consider your preferences, but reserves the right to list your site in any category or subcategory as Geezle deems appropriate, in its sole discretion. Once Geezle accepts a site for inclusion in the Directory, that site shall be treated as any other listing in the Directory. Geezle reserves the right not to include any specific keywords, comments, or annotations with the listing of a site in the Directory.
4.2 Geezle also reserves the right, in its sole discretion, to remove your site from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.
5.0 PARTICIPATION
5.1. If you request that your listing be removed before the end of the period for which you have paid, you agree that Geezle will not be required to refund any portion of such fee.
6.0 APPLICANT PRIVACY
6.1 Geezle maintains information about Applicant on Geezle servers, including but not limited to Applicant's registration information. Applicant agrees that Geezle may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that Geezle may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of Geezle or others; provided, however, that nothing in this section shall impose a duty on Geezle to make any such disclosures.
6.2 Geezle may contact Applicant regarding Geezle using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from Geezle advertisers.
7.0 INDEMNITY
7.1 Applicant agrees to indemnify, defend and hold harmless Geezle, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. Geezle reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.
8.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
8.1 The service is provided on an “as is” basis without warranties of any kind, either expres or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Neither this agreement nor any documentation furnished under it is intended to express or imply any warranty that the service will be uninterrupted, timely or error-free. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so some of the exclusions may not apply to you. Geezle and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable under any circumstances or legal or equitable theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or any indirect, special, incidental or consequential damages of any character, even if Geezle is aware of the risk of damages, that result in any way from applicants use of or inability to use this service, Geezle’s acceptance or rejection of a listing, or Geezle’s continued listing of a site in the directory. Geezle’s liability to applicant shall not, for any reason, exceed the amount actually paid by applicant to Geezle under this agreement.
9.0 FORCE MAJEURE
9.1 Geezle is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
10.0 NOTICES
10.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Geezle such notices shall be addressed to general@logoshoppper.com or to Geezle at 23263 Hainlin Avenue, Port Charlotte, Florida, USA. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Geezle is notified of any changes to Applicant's address as specified in this Section.
11.0 ENTIRE AGREEMENT
11.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the Geezle Terms of Service and the Geezle Privacy Policy.
12.0 GENERAL
12.1 The Agreement and the relationship between Applicant and Geezle are governed by the laws of the state of Florida, U.S.A. without regard to that state's conflict of laws rules. Applicant and Geezle hereby submit to the personal and exclusive jurisdiction of the Superior Court of the State of Florida for the County of Charlotte or the United States District Court for the Southwest District of Florida for the resolution of disputes arising from or in connection with this Agreement. Geezle’s failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of Goods does not apply to this Agreement. Applicant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or to the Agreement must be filed in the Superior Court of the State of Florida for the County of Charlotte or the United States District Court for the Southwest District of Florida within one (1) calendar year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
