1. General. The following Terms and Conditions, along with the Insertion Order on the reverse side hereof, will govern the provision and sale by WhyiLike, 9575 Katy Freeway, Suite 395, Houston, TX 77024 (WhyiLike), to the party identified as the client in the WhyiLike Signup and Registration form (Client) By executing the Agreement, Client irrevocably agrees to be bound by the terms and conditions stated herein.
2. Payment. All payments required by the Agreement shall be payable by Client via credit card or by check, as listed under the section (Billing Information). Client is responsible for maintaining and updating the credit card information on file to ensure that account is not deactivated.
3. Limitation of Liability. To the maximum extent allowed by law, under no circumstances, including , without limitation, negligence, shall WhyiLike be liable to Client or any third party for any special, punitive, incidental, consequential or other indirect damages, whether or not foreseeable, including, without limitation, lost revenues, lost profits, lost business, or lost data, arising from your use of, or any other party’s use of, or your or any other party’s inability to use, the site, or the content whether based on a claim or action of contract, warranty, negligence, strict liability or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if WhyiLike has been advised of the possibility of such damages.
4. Mutual Indemnification. Either party shall defend, indemnify and hold each other harmless from and against any and all expenses, damages or losses from any claim against either party by any person or entity arising from the placement of the Clients materials including without limitation any claims arising from defamation and/or any breach of any applicable laws of any jurisdiction in which the WhyiLike products or services can be viewed or is otherwise accessible.
5. Provision of Advertising Materials. Client will provide all materials for the services identified in the insertion order, in accordance with the specifications outlined herein or as outlined in other policies, documents or e-mails provided by WhyiLike. WhyiLike shall not be required to publish any content that is not received in accordance with such policies.
6. Right to Reject Reviews. WhyiLike reserves the right to reject the posting of any review that does not meet its quality guidelines or is missing the required fields (including reviewers name, last initial and email address).
7. Term, Termination and Preemption. This Agreement is month-to-month and may be terminated at any time for any reason. To terminate, client must provide written or electronic communication by the 15th of the month for the agreement to be terminated at the end of the same month. If client was subscribed to whyilike’s directory listing service (whyilist), the optimized listings will not be reverted back to the older listings upon cancellation. These Terms and Conditions shall survive any such termination or expiry of the Agreement. Any fees paid under this Agreement are non-refundable.
8. Permission to post review on website. By submitting the WhyiLike review, the user grants WhyiLike and it’s clients the right to post and embed the user’s review on any website for promotional purposes. User’s personal information such as last name or email address is never posted or shared to any third party website or organization.
9. Miscellaneous. This Agreement: (i) shall be governed by and construed in accordance with, the laws of the state of Texas, without giving effect to principles of conflicts of law, (ii) may be amended only by a written agreement executed by an authorized representative of each party; and (iii) constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties. The parties agree that either party may accept this agreement by executing a copy and sending same via facsimile transmission to the other party. The parties agree that any disputes arising out of this Agreement as between the parties shall be settled by binding arbitration in Houston, Texas under the commercial rules of the American Arbitration Association wherein each party shall pay one half of the cost of the arbitration.