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TruSearch Advertiser Terms & Conditions and Relevancy PolicyRevised 06/25/2009
Advertisers that register with TruSearch for access to our advertising services and agree to comply with the Terms and Conditions of this Agreement, may advertise on our PPC search engine by submitting their web site listings and bidding on relevant keywords for placement on our system. Advertisers may use their TruSearch account management tools to submit web site listings (including titles and descriptions) and place monetary bids on keywords and phrases that are relevant to their web site or business. Our search results, which include the submissions received from Advertisers, are distributed through TruSearch.com, and through our network of distribution partners. TruSearch maintains the right to reject any listing, in whole or in part, edit site titles and descriptions and reject keyword bids, all at its sole discretion. The Advertiser agrees that TruSearch will automatically deduct the amount of the Advertiser keyword bid from the Advertiser's account each and every time that we deliver a confirmed click-through (visitor) to the Advertiser's Web site. TruSearch shall make the determination of whether a confirmed click-through was delivered to an Advertiser, based on its established requirements for validating clicks. In order to activate a bidding account with TruSearch, the Advertiser must deposit into their bidding account, a minimum amount of $25.00 (twenty five dollars), which shall be applied towards the Advertiser's click-through. Any and all unused amounts in Advertisers bidding account shall be refundable, at the written request of the Advertiser. For additional details see REFUND POLICY below. PAYMENT TruSearch requires payment in advance for all Advertising accounts. Advertisers must fund their accounts with at least $25.00 (twenty five dollars) in order to activate their accounts. Accounts with positive balances of at least as much as the Advertiser's lowest bid keyword shall be displayed in our search results. Forms of Payment. Advertisers may pay by credit card or PayPal. Amounts deposited are credited to the advertisers bidding account immediately. Authorization of Credit Card Charges. By submitting a request to charge your credit card, either manually or using our Automatic Billing Option, you are authorizing us to do so. Account Suspension or Termination. TruSearch reserves the right to suspend or terminate the Advertiser's account, without limitation, if payment cannot be collected from the advertisers credit card company or PayPal account. Advertiser Submissions The Advertiser may submit their listings or Call Pages (including URL, site title and description) and bid on keywords using our online interface. The Advertiser acknowledges that by submitting such material to TruSearch, the Advertiser is irrevocably granting TruSearch the unlimited right to distribute the material, in whole or in part, through its web site(s) and its network of distribution partner web sites, and to modify it, in its discretion, in accordance with this Agreement. The Advertiser is required to submit accurate and relevant site titles and descriptions, a target URL that triggers an immediate redirect to a live page, and keyword bids that are directly relevant to the offering of the Advertiser's Web site and/or business. The Advertiser must do so in accordance with the requirements of this Agreement and our Relevancy Policy. The Advertiser agrees that all products and/or services they offer fully comply with all Local, State and Federal laws, statutes and ordinances and furthermore hold Trusearch harmless of any responsibility for their offerings. Right to Reject or Modify Listings TruSearch reserves the right, without notice to the Advertiser, to accept, edit, reject or remove any search listing advertisement for any reason, at any time, at its sole and absolute discretion. Prohibited Listings The Advertiser hereby acknowledges and agrees that the following listings are not prohibited on TruSearch, without exception: Advertiser's Responsibility The Advertiser shall be solely responsible for determining whether their listings are in compliance with the terms and conditions of this Agreement. Please contact us if you are unsure if your listings will comply. Content Violations The Advertiser represents and warrants that the Advertiser's Web sites: WARRANTY AND LIMITATION OF LIABILITY The advertiser agrees that the use of the TruSearch platform is at the advertiser's own risk. TruSearch is available on an "as is" basis, without warranty of any kind, express or implied. Neither TruSearch nor any of its licensors, employees, agents, consultants or contractors, makes any warranty or representation whatsoever regarding TruSearch, any information, services or products provided or available through or in connection with TruSearch or any results obtained through the use thereof. TruSearch hereby disclaims on behalf of itself and all information providers, licensors and/or licensees of it any and all warranties including, without limitation (1) any warranties as to the availability, accuracy or content of TruSearch and /or information, products or services available through TruSearch; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to the advertiser. This limited warranty gives the advertiser specific legal rights, and the advertiser may also have other rights, which may vary from state to state. Any liability of TruSearch, its information providers, licensors, licensees, employees, agents, consultants, or contractors, including, without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, failure of delivery of merchandise, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or unlawful use of TruSearch records, whether for breach of contract, negligence, or under any other cause of action, shall be strictly limited to the amount already paid to TruSearch, its information providers, licensors, licensees, employees, agents, consultants or contractors, be liable for any indirect, special, incidental, or consequential damages, arising out of the use or inability to use TruSearch and/or the sites linked to from TruSearch or for any breach of warranty. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the advertiser. The advertiser agrees that the advertiser will not hold TruSearch responsible for the selection or retention of, or any acts, errors, or omissions by, any third party in connection with TruSearch and/or sites linked to from TruSearch, including, without limitation, those with whom TruSearch contracts to operate various portions of TruSearch and those to whom TruSearch provides links to for content, advertising or any other type of data or information. TERMINATION By Advertiser. If the Advertiser is dissatisfied with TruSearch, for any reason, including disagreement with its terms and conditions or policies, or with any decision made by TruSearch related to the Advertiser, or for any other reason whatsoever, the Advertiser's sole and exclusive remedy is to terminate its account. The Advertiser may cancel the Advertiser's participation in TruSearch at any time by contacting us. RELEVANCY POLICY Our mission at TruSearch is to provide quality, relevant listings to our visitors. Advertiser must submit keywords and phrases that are relevant to the Advertisers web site and/or business. Advertiser is not allowed to bid on keywords or phrases that are misleading to a visitor in regards to the actual content of Advertisers web site content and/or business. TruSearch reserves the right to edit or delete any keyword or phrase that we determine is not relevant or otherwise misleading. Any advertiser who repeatedly violates this policy, will have their account terminated. REFUND POLICY Our mission at TruSearch is to provide our advertisers with the highest quality traffic possible along with prompt and professional customer service. If you are not fully satisfied with our services, we ask that you contact us to resolve any issues. In the even we are unable to resolve your complaint, we will upon written request refund advertising dollars spent and any unused balance in the advertising account. Limitations are as follows: The maximum amount of refund shall not exceed $500.00 USD and shall not exceed amount deposited into advertising account. No further refund is either express or implied other than what is outlined within this paragraph. |
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