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SiteSolutions.Com Service Agreement & Terms and Conditions


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

This is an Agreement between you and Online Fulfillment Corporation, herein known as ("SiteSolutions.Com"). It governs your use of SiteSolutions.Com's tools and services (collectively called the "Service"). SITESOLUTIONS.COM OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. This Agreement supersedes all prior communications and agreements with regard to its subject matter; the current version may be found at SiteSolutions.Com's Web site at http://www.SiteSolutions.Com/ssterms.aspx. Please read this Service Agreement carefully.

1. SERVICE

1.1. By completing the enrollment process to become a subscriber of the Service or by using the Service or any software provided by SiteSolutions.Com ("Software") other than to read this Agreement, you agree to accept the terms of the Agreement (including the Guidelines and the Privacy Statement, and No Refunds Policy) as if you had signed it. SiteSolutions.Com may change this Agreement at any time; such changes will be effective immediately upon transmission of notice by e-mail, postal mail, posting on the SiteSolutions.Com Web site or any other means. Each time you use the Service reaffirms your acceptance of the then-current Agreement. If you do not wish to be bound by this Agreement, you may discontinue using the Service and the Software and immediately terminate your account as set forth below.

By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your" or “User” shall refer to such corporate entity. If, after your agreement to these Terms of Use, SiteSolutions.Com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. SiteSolutions.Com shall not be liable for any loss or damage resulting from SiteSolutions.Com’s reliance on any instruction, notice, document or communication reasonably believed by SiteSolutions.Com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, SiteSolutions.Com reserves the right (but undertakes no duty) to require additional authentication from you.

1.2. Please refer to your initial sign up communications for specific information with respect to your service level. SiteSolutions.Com may discontinue or alter any service level or aspect of the Service at any time, without notice, without liability and in SiteSolutions.Com's sole discretion.

1.3. Due to the uncertainties of the actual delivery of email via the Internet, any and all email notifications sent you by us as a notification of your site(s) having been submitted to the search engines are specifically mentioned herein as NOT being any part, integral or otherwise, to the actual submission services you may have or will have purchased from SiteSolutions.Com. Therefore, any failure by you to receive any or all email notification sent by us with regard to your websites actual submission DOES NOT constitute any type of breach on the part of SiteSolutions.Com and therefore does not constitute a cause of action, cancellation, or refund.

2. YOUR OBLIGATIONS

2.1. You agree to provide SiteSolutions.Com with accurate, current and complete information, to the extent required by SiteSolutions.Com for your registration as a subscriber of the Service or at any time thereafter, and to maintain and to update this information as required to keep it accurate, current and complete. You agree in your enrollment and in your use of the Service not to impersonate any other person or entity, and you represent that you are either 18 years of age or older, and are competent and have the authority to enter into such an agreement on behalf of yourself, your client or your company.

2.2. You are responsible and liable for any activity by any person who uses your account with the Service. Other users of your account will be bound by this Agreement as if they were you. You are responsible for maintaining the confidentiality of your password, if any, and for any liability resulting from disclosure of your password. You agree that, upon becoming aware that your password or account is (or possibly is) being used without authorization, you will immediately change your password and notify SiteSolutions.Com by sending e-mail to abuse@SiteSolutions.Com.

2.3. You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Service.

2.4. You agree in using the Service to comply with SiteSolutions.Com's Guidelines for Acceptable Use.

3. CONTENT

3.1. You acknowledge that information, communications, photographs, video, graphics, software, music, sounds and other materials may be accessible to you through your use of the Service. You acknowledge that, as a matter of policy, SiteSolutions.Com does not pre-screen such materials, but that SiteSolutions.Com has the right (but not the obligation) to remove from its computer servers materials (including, without limitation, materials created, posted, uploaded or transmitted by you) that SiteSolutions.Com, in its sole discretion, determines to be in violation of the Guidelines. You further acknowledge, however, that SiteSolutions.Com does not have the capability to monitor, review, restrict, edit or remove materials made available by third parties on the Internet, and you agree that you must evaluate, and bear all risks associated with, the use of any materials, including any reliance on the accuracy, completeness, or usefulness of such materials. The fact that SiteSolutions.Com provides a link to a particular Web page is not an indication that we endorse that site's policies or the content or products available from that particular site.

3.2. You acknowledge that materials available through the Service may be protected by copyright, trademarks, and other intellectual property rights. You agree that your use of such materials is governed by all applicable laws and regulations, and by any further restrictions placed on such materials by their owners or licensors.

3.3. You acknowledge that the Service may provide certain public areas (e.g. message boards, newsgroups, forums, and public mailing lists), and that SiteSolutions.Com is a distributor (and not a publisher) of information disseminated by persons using the Service. By posting, uploading or transmitting material to any such area, you are requesting SiteSolutions.Com and/or its partners to make such material available to others, and you are acknowledging that placing such material in a public area will result in copies of such material being transmitted to others. By posting, uploading or transmitting material to any public area, you (i) grant to SiteSolutions.Com and/or its partners a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license (including the waiver of any moral rights) to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from, such material (in whole or in part) and to incorporate it into other works in any form, media or technology (whether now known or later developed) and (ii) warrant that the owner of any rights in the material, including intellectual property and moral rights, has waived such rights and has given you the right to grant the license described above.

4. SOFTWARE LICENSE

4.1. As between SiteSolutions.Com and you, the SiteSolutions.Com Services shall remain the sole and exclusive property of SiteSolutions.Com and/or its suppliers, including, without limitation, Source Code, copyrights, trademarks, patents, trade secrets, and any other proprietary rights. Nothing in this Agreement shall be construed to grant you any ownership right in, or license to SiteSolutions.Com's Internet sites and/or SiteSolutions.Com Services, software or equipment..

4.2. You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to the Service or disabling features of the Software or Service. Except as may be permitted by SiteSolutions.Com, you agree not to access the Service by any means other than through the interface that is provided by SiteSolutions.Com or its partners for use in accessing the Service.

4.3. You acknowledge that SiteSolutions.Com and its suppliers retain all title, rights (including, without limitation, intellectual property rights) and interest in the Software, except as expressly licensed in this Agreement. All rights in the content, information and materials accessed through use of the Software are the property of the applicable content owner and may be protected under intellectual property and other applicable laws. You agree that SiteSolutions.Com's suppliers are direct and intended third party beneficiaries of this Agreement.

5. FEES

5.1 NO REFUNDS:

BE ADVISED: SITESOLUTIONS.COM HAS A NO REFUNDS POLICY.

SITESOLUTIONS.COM HAS HAD AND CONTINUES TO HAVE A NO REFUNDS POLICY WITH REGARD TO ANY AND ALL TRANSACTIONS BE IT CREDIT CARD, CASH, CHECK, MONEY ORDER, OR WIRE TRANSFER.

ALL SERVICES PROVIDED BY SITESOLUTIONS.COM ARE PROVIDED UNDER THE CONDITION AND UNDERSTANDING THAT SITESOLUTIONS.COM HAS A NO REFUNDS POLICY. THEREFORE, ANY AND ALL REQUESTS FOR REFUNDS BE IT FOR PARTIAL OR FULL REFUND WILL NOT BE HONORED. BY YOUR ACTION TO PLACE AN ORDER FOR ANY SERVICE OR SERVICES FROM SITESOLUTIONS.COM SHOWS YOUR FULL ACKNOWLEDGEMENT AND COMPLETE AGREEMENT TO BE BOUND BY SITESOLUTIONS.COM'S NO REFUNDS POLICY.

SITESOLUTIONS.COM NO REFUNDS POLICY INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING: ANY AND ALL PROGRAMMING, SEO SERVICES, MODIFICATIONS, REPORTING, WEBSITE HOSTING, PPC (PAY PER CLICK) COSTS, SETUP FEES OF ANY KIND, MANAGEMENT FEES OF ANY KIND, CONSULTING FEES, ANY AND ALL SERVICES RELATING TO MEDIA PRODUCTION KNOWN AS WEBCASTS OR THE PROGRAMMING OR IMPLEMENTATION OF SAID WEBCAST, TRAVEL, OR ANY OTHER COSTS OR FEES RELATED THERETO WHICH YOU HAVE CONTRACTED WITH SITESOLUTIONS.COM, PURCHASED FROM SITESOLUTIONS.COM, OR ORDERED FROM SITESOLUTIONS.COM. THIS INCLUDES ANY AND ALL SERVICES OR PRODUCTS PROVIDED TO SITESOLUTIONS.COM BY THIRD PARTY SUPPLIERS OR VENDORS.

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WHEN YOU PLACE OR PLACED AN ORDER WITH SITESOLUTIONS.COM FOR ANY SERVICES FROM SITESOLUTIONS.COM, THAT SITESOLUTIONS.COM'S STAFF AND VENDORS IMMEDIATELY BEGIN INCURRING COSTS BY RESEARCHING THE CLIENT'S WEBSITE, PROGRAMMING CODE, COMPETITORS WEBSITES, SEARCH ENGINES, SEARCH ENGINE DATABASES, ETC. IN AN EFFORT TO BE ABLE TO BETTER PROVIDE YOU WITH THE SERVICES YOU HAVE ORDERED, SUCH AS BUT NOT LIMITED TO, SEO (SEARCH ENGINE OPTIMIZATION), PPC PAY-PER-CLICK SERVIES, PROGRAMMING, WEBCAST PRODUCTION, SCRIPT WRITING, SITE ANALYSIS, ADVANCED ANALYSIS SERVICES, AND MORE. THE WORK AND RESEARCH MENTIONED WITHIN THIS PARAGRAPH IS CONSIDERED BY SITESOLUTIONS.COM AND ACKNOWLEDGED AND AGREED BY YOU THAT THEY ARE AN INTEGRAL PART OF THE SERVICES BEING OFFERED BY SITESOLUTIONS.COM AND ARE BEING PERFORMED FOR YOU CONDITIONED UPON YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE FACT THAT SITESOLUTIONS.COM HAS A NO REFUNDS POLICY AND THAT YOU AGREE TO ABIDE BY THAT POLICY. BY YOUR PLACING ANY ORDER WITH SITESOLUTIONS.COM, YOU ARE ACKNOWLEDGING THAT YOU AGREE TO BE BOUND BY THE NO REFUNDS POLICY.

BY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS MENTIONED ABOVE AND CONTAINED WITHIN SITESOLUTIONS.COM'S TERMS AND CONDITIONS, YOU ARE HEREBY MAKING THE FOLLOWING STATEMENT AND ARE HEREBY GIVING US PERMISSION TO USE IT IN ANY COMMUNICATIONS WHICH WE MAY HAVE WITH YOUR BANK OR OTHER FINANCIAL INSTITUTION, TO PROTECT OUR INTERESTS WITH REGARD TO CHARGEBACKS OR REFUNDS WITH REGARD TO SERVICES THAT SITESOLUTIONS.COM OR ONLINE FULLFILLMENT CORPORATION PROVIDES OR HAS PROVIDED YOU:

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TO MY BANK, CREDIT CARD COMPANY OR OTHER FINANCIAL INSTITUTION:

SIRS: I REPRESENT THAT AT THE TIME OF MY PURCHASE OF SERVICES FROM SITESOLUTIONS.COM THAT I WAS AUTHORIZED TO USE AND AM THE HOLDER OF THE CREDIT CARD OR THE BANK ACCOUNT USED TO PURCHASE SERVICES FROM SITESOLUTIONS.COM. THAT I AM HEREBY HIRING OR HAVE HIRED SITESOLUTIONS.COM TO RENDER A SPECIFIC SERVICE(S) FOR ME INVOLVING BUT NOT LIMITED TO MY WEBSITE, SEARCH ENGINES, SEO SERVICES, AND MEDIA PRODUCTION. I HEREBY ACKNOWLEDGE THAT AS A RESULT OF MY HIRING SITESOLUTIONS.COM FOR THIS SERVICE(S) THAT SITESOLUTIONS.COM IS IMMEDIATELY INCURRING COSTS AND EXPENSES RELATING TO THE PROCESSES, PROGRAMMING, PRODUCTION, AND PROCEDURES REQUIRED TO PERFORM THE REQUESTS MADE BY ME AS CONTAINED HEREIN. I FURTHER UNDERSTAND AND ACKNOWLEDGE THAT SITESOLUTIONS.COM HAS ENTERED INTO THIS AGREEMENT 100% CONDITIONED AND CONTINGENT UPON MY ACKNOWLEDGEMENT AND AGREEMENT AS SHOWN BY MY ACCEPTANCE OF THESE TERMS AND CONDITIONS AND BY MY PLACEMENT OF AN ORDER FOR SERVICES WITH SITESOLUTIONS.COM THAT SITESOLUTIONS.COM HAS A "NO REFUNDS POLICY" AND THAT I HEREBY AGREE THAT I SHALL IN NO WAY INSTRUCT YOU, MY BANK, CREDIT CARD COMPANY, OR FINANCIAL INSTITUTION, TO INTERFERE WITH PAYMENT IN ANY FORM INCLUDING ISSUING INSTRUCTIONS TO REVERSE SAID PAYMENT IN ANY MANNER INCLUDING BUT NOT LIMITED TO CHARGE BACKS TO SITESOLUTIONS.COM OR ONLINE FULLFILLMENT CORPORATION FOR THE SERVICES MENTIONED HEREIN AND OR FOR ANY OTHER FUTURE BUSINESS ACTIVITIES WITH SITESOLUTIONS.COM. IF I MAKE ANY ATTEMPT TO CAUSE A REVERSAL OR CHARGE BACK OF THE SUMS MENTIONED HEREIN OR FOR ANY FUNDS RELATING TO ANY FUTURE TRANSACTIONS INVOLVING SITESOLUTIONS.COM INCLUDING BUT NOT LIMITED TO CREDIT CARD PURCHASES, PAYMENT BY CHECK, AND WIRE TRANSFERS, THEN SITESOLUTIONS.COM HEREBY HAS MY PERMISSION TO PRESENT THIS AGREEMENT AND SPECIFICALLY THIS CLAUSE TO MY BANK OR FINANCIAL INSTITUTION AS PROOF OF MY AGREEMENT TO THE ESTABLISHED NO REFUNDS POLICY OF SITESOLUTIONS.COM TO WHICH I HAVE AGREED TO HEREBY AND THAT BY THE PRESENTMENT OF THIS AGREEMENT TO MY BANK OR FINANCIAL INSTITUTION THAT I AM HEREBY INSTRUCTING THEM TO MAKE NULL AND VOID ANY PAST, PRESENT, OR FUTURE REQUESTS BY ME FOR REFUNDS OR CHARGE BACKS OF ANY KIND RELATED HERETO OR TO FUTURE TRANSACTIONS WITH SITESOLUTIONS.COM AND THAT ANY ATTEMPTS TO CAUSE A REVERSAL OR CHARGE BACK SHALL IMMEDIATELY CEASE AND, IF ALREADY MADE, SHALL BE REVERSED WITHOUT FURTHER INSTRUCTIONS ON MY PART AND I HEREBY RELIEVE THE BANK OR FINANCIAL INSTITUTION OF ANY FUTURE OBLIGATION WITH THIS REGARD.

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5.2. AUTOMATIC ANNUAL RENEWAL - Unless you instruct us otherwise, all services provided by SiteSolutions.Com contain an Automatic Renewal Without Additional Authorization condition - Our search engine submission services are sold on an "Annual Basis" and are automatically renewed within 30 days prior to the expiration at the price then being offered unless you notify us in writing 30 days prior to the end of the 12 month term that you do not wish to renew or if at the time of placing your order, you informed us that you did not want to have an automatic renewal. By providing your credit card and placing your order with us, you are hereby agreeing to and are thereby bound by these terms and conditions and those mentioned above in paragraph 5.1 with regard to NO REFUNDS. You are authorizing the auto renewal of your account without any further approval being required by you for us to renew your account.

5.3. As a subscriber of the Service you are solely responsible for any charges to your account and any activities conducted through your account. By using a credit card or other payment method to pay for any billable portions of the Service, you expressly authorize SiteSolutions.Com or its agents to charge all fees and other charges incurred in connection with your service to the credit card or other payment method you have designated, and such authorization will remain valid unless revoked by you pursuant to Section 5.1. If you use a credit card and SiteSolutions.Com does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by SiteSolutions.Com. Any and All Fees are non-refundable.

5.2. You may change your designated payment method by contacting SiteSolutions.Com via email at service@sitesolutions.com or by calling the SiteSolutions.Com customer service number (which is 1-877-855-2003 as of the date of this Agreement). SiteSolutions.Com reserves the right to accept other forms of payment or to modify the forms of payment it will accept. If SiteSolutions.Com elects to authorize alternative or additional methods of payment, your designation of such a method of payment will be deemed to be an authorization to SiteSolutions.Com to bill you, in a manner appropriate to your designated payment method, for all fees and other charges incurred in connection with your service.

5.4. If SiteSolutions.Com initiates collection proceedings to collect any funds due it, you will be liable for all attorney and collection fees arising out of SiteSolutions.Com's efforts to collect any unpaid balance of your account. If you believe that a billing discrepancy has occurred, you must notify SiteSolutions.Com within 90 days after the date of the relevant account statement from your credit card issuer or financial institution or such amounts will be deemed to have been accepted by you. You agree to release SiteSolutions.Com from any liability for any error or discrepancy that is reported to SiteSolutions.Com after such period.

5.5. Your subscription to any billable portion of the Service will continue and renew automatically, unless terminated by SiteSolutions.Com or until you notify SiteSolutions.Com of your decision to terminate your subscription to a portion of the Service. SiteSolutions.Com reserves the right at any time to change its fees and charges for use of portions of the Service, to institute new or additional fees, and to change its policies, methods, and procedures with respect to pricing, billing, cancellations, and surcharges. Although SiteSolutions.Com expects to provide e-mail or other notice to you prior to increasing the price you pay for the Service, SiteSolutions.Com shall not be required to do so before making any of the changes described. You may obtain current pricing information for different service levels, as well as information about policies, methods and procedures with respect to pricing, billing, cancellation and surcharges (i) by calling the SiteSolutions.Com customer service number (which is 1-877-855-2003 or direct at 916-771-4756 as of the date of this Agreement), (ii) through SiteSolutions.Com's Web site, or (iii) by sending e-mail to service@SiteSolutions.Com. SiteSolutions.Com may modify the means of accessing rates and billing information in its sole discretion.

5.6. In addition to fees for your subscription to any billable portion of the Service, you agree to pay all sales, use, value-added, personal property or other governmental taxes or levies imposed on fees for the Service or goods or services that you purchase through the Service.

5.7. SiteSolutions.Com is not responsible, financially or otherwise, for any and all costs or expenses incurred by you, that your or any bank, financial institution, or credit provider may charge or attempt to charge you or expenses incurred by you or your company resulting from (e.g., for overdrawn accounts, exceeding credit card limits, increase in interest rates, etc.) resulting from charges billed by SiteSolutions.Com during the initial purchase of or for any renewals thereof of services provided by SiteSolutions.Com.

5.8. You agree to pay any fees due for Services purchased at this Site at the time you order the Services. All fees are non-refundable as stated above in SiteSolutions.Com's NO REFUNDS POLICY even if your Services are suspended, terminated, or transferred prior to the end of the Services term. SiteSolutions.Com expressly reserves the right to change or modify its prices and fees at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made.

Payment may be made by you by providing a valid credit card, an online check, a personal or business check, (each, a “Payment Method”). Your Payment Method on file must be kept valid if you have any active services being provided by SiteSolutions.Com.

If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the Services unless that date falls on February 29th, in which case your billing date will be the 28th of February. If you signed up for an annual (or longer) payment plan, and you elected the automatic renewal option, SiteSolutions.Com will automatically renew your Services when they come up for renewal and will take payment from the Payment Method you have on file with SiteSolutions.Com at SiteSolutions.Com’s then current rates unless you have a pre-arranged written agreement with SiteSolutions.Com to lock in your price for a particular product for a set number of years.

If for any reason SiteSolutions.Com is unable to charge your Payment Method for the full amount owed SiteSolutions.Com for the Services provided, or if SiteSolutions.Com is charged a penalty for any fee it previously charged to your Payment Method, you agree that SiteSolutions.Com may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason SiteSolutions.Com is unable to charge your credit card with the full amount of the Services provided, or if SiteSolutions.Com is charged back for any fee it previously charged to the credit card you provided, you agree that SiteSolutions.Com may pursue all available remedies in order to obtain payment. You agree that the remedies SiteSolutions.Com may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any Services registered or renewed on your behalf. SiteSolutions.Com reserves the right to charge you a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third-party payment providers, including PayPal, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for you. You may change your Payment Method at any time by contacting SiteSolutions.Com either by email or by telephone. For SiteSolutions.Com orders where payment has not been received or SiteSolutions.Com has received a chargeback for any portion of the transaction, you understand that in addition to any administrative fees SiteSolutions.Com may charge for the handling of the chargeback, the seller may also pursue all available lawful remedies to collect payment plus applicable fees, or obtain the lost merchandise. SiteSolutions.Com is not responsible for the actions of the sellers.

You acknowledge and agree that you are solely liable for arranging that your Services are renewed, and that SiteSolutions.Com shall not be liable to you or any third party if it is unable to charge your Payment Method in order to renew your Services.

All transactions are processed in U.S. dollars. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in your billing address section. Any amounts to be charged will appear during the checkout process.

6. NO WARRANTIES

6.1. You agree that use of the Service is at your sole risk. You acknowledge that the Service may provide access to the Internet, but that the Internet is not owned, operated or managed by SiteSolutions.Com.

6.2. With respect to information, goods and services provided or accessed on or through the Service or otherwise available on the Internet, SiteSolutions.Com (i) has no responsibility or obligation with respect to (and does not endorse) any information, good or service, (ii) makes no warranties whatsoever (express or implied) with regard to any information, good or service (including, without limitation, warranties of accuracy, completeness, usefulness, merchantability, safety or fitness for a particular purpose), (iii) will not be a party to a transaction between you and any other user of the Service and (iv) will not be liable, under any circumstance, for any loss, cost or damage arising directly or indirectly from any act or omission of any person or from any information, good or service; except to the extent the foregoing may not be disclaimed under law. SiteSolutions.Com does not assume liability to subscribers or others for any failure to enforce the Guidelines.

6.3. YOU ACKNOWLEDGE AND AGREE THAT SITESOLUTIONS.COM UTILIZES VARIOUS SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, ETC., FOR ITS SERVICES IT PROVIDES AND THAT SAID SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, ETC., ARE NOT OWNED OR OPERATED BY SITESOLUTIONS.COM. THEREFORE, SITESOLUTIONS.COM CANNOT AND DOES NOT CONTROL OR GUARANTEE THAT ANY PARTICULAR SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, ETC., WILL ACCEPT YOUR WEB SITE, BLOG ENTRY, PRESS RELEASE, ARTICLE ETC., FOR INCLUSION INTO THEIR DATABASE NOR WILL SITESOLUTIONS.COM BE LIABLE FOR THE RESULTING POSITION OBTAINED IN ANY SUCH SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, ETC. SITESOLUTIONS.COM'S SOLE RESPONSIBILITY IS TO SUBMIT YOUR WEB SITE INFORMATION TO SAID SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, ETC., IN A METHOD IT DEEMS APPROPRIATE. THAT IS SITESOLUTIONS.COM'S SINGLE AND SOLE RESPONSIBILITY. SITESOLUTIONS.COM DOES NOT WARRANT OR IMPLY THAT YOU WILL OBTAIN ANY PARTICULAR LEVEL OF RESULTS OR PROFITABILITY WITH REGARD TO YOUR WEB SITE. THE SERVICES AND THE SOFTWARE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SITESOLUTIONS.COM DOES NOT WARRANT THAT SITESOLUTIONS.COM SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SERVICE OR SITESOLUTIONS.COM SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY SITESOLUTIONS.COM, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION. THE SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, ETC., INVOLVED WITH THE SITESOLUTIONS.COM SERVICES WILL CHANGE FROM TIME TO TIME AND DOES NOT REQUIRE SITESOLUTIONS.COM TO NOTIFY YOU OF ANY CHANGES IN THE SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, ETC., INVOLVED.

6.4. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH) WILL SITESOLUTIONS.COM OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE OR SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SITESOLUTIONS.COM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE OR THE SERVICE WILL BE REPLACEMENT OF MEDIA CONTAINING THE SOFTWARE THAT SITESOLUTIONS.COM DEEMS TO BE DEFECTIVE OR THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING THE PRIOR YEAR, IF ANY (EXCLUDING ALL FEES FOR SERVICES WHICH ARE NOT SUBJECT TO REFUNDS AS MENTIONED IN PARAGRAPH 5.1 ABOVE). THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS, SITESOLUTIONS.COM'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. INDEMNIFICATION

You agree to protect, defend, indemnify and hold harmless SiteSolutions.Com and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by SiteSolutions.Com directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the corporate policies and/or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

SITESOLUTIONS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SITESOLUTIONS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SITESOLUTIONS.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SITESOLUTIONS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

8. TERMINATION

8.1. AUTOMATIC ANNUAL RENEWAL - Our search engine submission services are sold on an "Annual Basis" and are automatically renewed 30 days prior to the expiration at the price then being offered unless you notify us in writing 30 days prior to the end of the 12 month term that you do not wish to renew. By providing your credit card and placing your order with us, you are hereby agreeing to and are thereby bound by these terms and conditions and those mentioned above in paragraph 5.1 with regard to NO REFUNDS.

8.2. CANCELLATION - You may cancel your service at any time however, you will not be entitled to nor will you receive any form of refund, prorated or otherwise.

You may cancel the automatic renewal of the service at any time by calling SiteSolutions.Com's cancellation service number (which is 1-877-855-2003 or direct 916-771-4756 as of the date of this Agreement) or by using such other means as SiteSolutions.Com may make available from time to time, provided that you will remain liable for any fees to which you have committed at the time of registration. If you are dissatisfied with this Agreement or any terms, policies, or practices of SiteSolutions.Com in operating the Service, any content available through the SiteSolutions.Com Service, or any change to any of the foregoing, your sole recourse is to cancel your service. As mentioned within this paragraph, canceling your account does not provide you with a refund as set forth in paragraph 5.1 above.

9. FORCE MAJEURE

Neither party to this Agreement shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

10. MISCELLANEOUS

10.1. The failure of either you or SiteSolutions.Com to insist upon or enforce strict performance by the other of any provision of the Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and SiteSolutions.Com nor trade practice will act to modify any provision of the Agreement.

10.2. The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

10.3. This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Placer County, California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Placer County, California. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

Any cause of action brought by or on behalf of you with respect to this Agreement, the Service or Software must be commenced within one year after the claim or cause of action arose.

10.4. Information for California Residents. Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.

10.5. For the purposes of this Agreement, references to "including" shall mean "including, without limitation," unless such language is already set forth.

11. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

12. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

13. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the SiteSolutions.Com Web Sites are Copyright © 2010 Online Fulfillment Corporation and/or its suppliers, 5098 Foothills Blvd., Roseville, California, 95747 U.S.A. All rights reserved. SiteSolutions.Com, SiteSolutions.Com logo, and/or other SiteSolutions.Com products and services referenced herein may also be either trademarks or registered trademarks of SiteSolutions.Com in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

14. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

SiteSolutions.Com
5098 Foothills Blvd. #3136
Roseville, CA 95747 USA
service@sitesolutions.com
Revised 6/15/10