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REAL SEARCH LISTINGS TERMS AND CONDITIONS Limitation of liability: Real Search Listings believes that it is working with the finest quality advertising system, i.e., Google, Yahoo, MSN. Real Search Listings does not assure or warrant the abilities of the listed search engines. Use links to view individual search engines’ Terms & Conditions: https://adwords.google.com/select/tsandcsfinder http://searchmarketing.yahoo.com/en_CA/legal/piterms.php http://tou.live.com/en-us/default.aspx?HTTP_HOST=tou.live.com&url=/en-us Customer agrees and acknowledges that Real Search Listings shall not be liable for any loss or injury caused in whole or in part by contingencies beyond its control. EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, REAL SEARCH LISTINGS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY AND ALL SUCH WARRANTIES, REAL SEARCH LISTINGS HEREBY OFFERS THE FOLLOWING LIMITED WARRANTY: CUSTOMER SHALL HAVE 14 DAYS AFTER RECEIPT OF THE SERVICE, TO INSPECT IT AND NOTIFY REAL SEARCH LISTINGS OF ANY PROBLEMS OR MISTAKES. If Real Search Listings has made a material mistake, then Real Search Listings will correct the mistake. If Customer does not notify Real Search Listings within 14 days of his, her or its receipt of the service of a problem or mistake, Customer then accepts the service “as is.” After the 14-day period has elapsed, Real Search Listings shall have no liability whatsoever to the Customer. CUSTOMER EXPRESSLY AGREES THAT REAL SEARCH LISTINGS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE SERVICES) WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE AND/OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. In no event shall Real Search Listings entire liability exceed the total amount paid by Customer to Real Search Listings for the affected service. Choice of law, forum, and jurisdiction: These Terms and any disputes arising hereunder or otherwise related to the sale and/or use of the Service, or any portion thereof, shall be governed by the internal laws of the State of California, without regard to any conflicts of law principles. Both Real Search Listings and Customer agree that any action, suit, or other legal proceeding regarding any matter arising under or relating to any provision of these Terms shall be commenced only in the state or federal courts located within Los Angeles County, California, and both parties consents to the exclusive jurisdiction of such courts. Payment: Customer agrees to pay Real Search Listings a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. Payments may be made at the time of purchase or, annually or monthly (both billed in advance) as mutually agreed upon for the relevant Service. Customer may cancel the services by providing Real Search Listings with a minimum week prior notice, in writing, to end of service month. Real Search Listings may cancel services immediately at any time, and for any reason with or without cause, upon notice to Customer. Specifically, Real Search Listings reserves the right to terminate a service for non-payment. Late payments may be assessed a $50.00 fee per instance.
Authorization: You agree to keep your Payment Method information on file with us current (such as your address, card or account number, and expiration date, if any), and you also authorize us to update your Payment Method information with data we obtain from your financial institution, the issuer of your credit card or charge card, or from MasterCard or Visa. You authorize us to retain your Payment Method information until such time as you revoke this authorization in accordance with procedures prescribed by us. Any revocation by you of this authorization will become effective: (a) if your Payment Method is a credit or charge card, when all charges and fees associated with your use of our Services has been fully satisfied, as determined by us; or (b) if your Payment Method is a bank account, after three (3) business days. Your revocation of this authorization will have no effect on your liability for charges and fees that you have incurred in connection with your use of our Services prior to such revocation. Recurring Billing: Customer’s acceptance of these Terms constitutes its authorization for Real Search Listings to automatically charge the credit/debit card provided by Customer, and, to continue charging the credit/debit card at the agreed-upon monthly intervals during the term of the service. Customer agrees to provide Real Search Listings with complete and accurate billing and contact information, including: name, street address, e-mail address, and name and telephone number of authorized billing contact. Customer agrees to provide Real Search Listings with updated information within 30 days of any change to billing information. If billing information is determined to be fraudulent, Real Search Listings may immediately terminate Customer’s services, and it reserves the right to pursue any and all legal remedies. If Customer’s payment is declined, Real Search Listings may restrict Customer’s ability to use the payment method that was declined. Failure of the recurring payment process does not absolve Customer’s payment obligations. Cancellation: Customer may cancel services by providing Real Search Listings a request to cancel, in writing, by fax or via email. Notice must be received no later than 1 week prior to end of monthly billing cycle. If received later, then Real Search may prorate fees at their discretion. Chargebacks and Disputes: Customer must contact Real Search Listings prior to disputing any credit card charges. Real Search will make every effort to reconcile any disputes. If a disputed charge results in a chargeback, then Real Search will reserve the right to seek legal action to collect all fees.
Cost of collection and enforcement: Customer agrees to reimburse Real Search Listings for all costs and expenses, including but not limited to, reasonable attorney fees and costs of collection, incurred by Real Search Listings in connection with the enforcement of these Terms or any provision hereof. Modification of terms: These Terms represent the entire understanding of the parties relating to the Service and prevail over any prior or contemporaneous, conflicting or additional communications. Real Search Listings reserves the right to modify these Terms or its policies relating to the Service at any time, effective upon posting of an updated version of these Terms on the website for the Service. Customer is responsible for regularly reviewing the Terms. Continued use of the Service after any such changes shall constitute Customer’s consent to such changes.
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