Member Listing Guidelines

Last Updated: November 20, 2010  
 

I.

Introduction

II.

Purpose

III.

Display of Listing Material

IV.

Member Conduct

V.

Canceling Membership

VI.

Legal Terms & Conditions

VII.

Solicitations; Privacy Policy; User Information

VIII.

Confidentiality

IX.

Contact Information

I. Introduction

Welcome to the WaterIonizerDirectory.com website ("Site").  These Member Listing Guidelines ("Guidelines") set forth the agreement between WaterIonizerDirectory.com (collectively, "WaterIonizerDirectory.com" "our" or "we") and each member (collectively, "you" "user" "dealer" or "member") governing the use by you of this Site.  Please read these Guidelines carefully before using this Site.  By using this Site, you agree to be bound by the conditions contained in these Guidelines. If you do not agree to the conditions contained in these Guidelines, you may not access or otherwise use this Site.

We may, in our sole discretion, modify these Guidelines with or without notice to you.  The "Last Updated" date at the top of these Guidelines will indicate when the latest modifications were made.  By continuing to access and use the Site after these Guidelines has been modified, you are agreeing to such modifications.  Therefore, you should review these Guidelines prior to each use of the Site.  In addition, when using particular services or features on the Site, you shall be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time.

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II. Purpose

The purpose of these Guidelines is to establish fair standards and protocols for Members that wish to promote their business on the Site, and for visitors seeking products or services from our Members.

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III. Display of Listing Material

WaterIonizerDirectory.com may redesign its site in its sole discretion at any time. If any redesign materially and adversely affects the placement of one or more member listings, or if WaterIonizerDirectory.com is otherwise unable to display such listings, WaterIonizerDirectory.com will work with Member to display the affected listing elsewhere in comparable areas of the WaterIonizerDirectory.com site.

Any guarantees are to a pre-established time period (as measured by WaterIonizerDirectory.com in accordance with its standard methodologies and protocols), not page views, click throughs or impressions.

WaterIonizerDirectory.com may discontinue the display of Member’s listing if the total number of days for any specified display period is reached. If there is a shortfall in delivery of specified time of display, WaterIonizerDirectory.com will provide, as Member's sole remedy, "make good" impressions through comparable placements, to be delivered no later than ninety (90) days following the end of the term.

WaterIonizerDirectory.com will be entitled to reject or discontinue any listing at any time. In such event, Member will be responsible for only a pro-rata portion of payments due hereunder, based on days delivered (the "Pro-rata Payments").

Member shall bear full responsibility for all products or services offered, sold, or licensed through the Member listing or the Member's website. Member will collect and pay all taxes related to the sale or licensing of such products or services.

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IV. Member Conduct

Violation Warning
If any member is found to be in violation of any section of these guidelines we will contact the member concerning the violation and will allow 48 hours for the violation in question to be rectified.  After 48 hours, if the violation remains we will de-activate the member’s account until such violation is amended, and contact is made by Member to us to alert WaterIonizerDirectory.com of its actions.  In the event of repeated violation of the conditions set forth in these Guidelines by any Member we, in our sole discretion, reserve the right to terminate the Member’s account and listing and will not allow that Member to relist their services on our Site.

General
By listing your services on our Site, you agree not to:

a. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;

b. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;

c. upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;

d. use or attempt to use another's account, service or system without authorization from GECI or a Service Provider, or create or use a false identity on the Site;

e. transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

f. attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and

g. divulge your username or password to others either on or off the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on the Site. The Site is controlled and operated in the state of Oklahoma. If you are in a jurisdiction that restricts you from accessing or using the Site, do not access or use the Site.  WaterIonizerDirectory.com makes no representation that the Site is appropriate or available for use outside the state of Oklahoma.

Online Communities
The Site may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred or that promotes illegal activities or physical harm against anyone.  WaterIonizerDirectory.com and its Service Providers reserve the right, but do not have the obligation, to remove any materials they deem objectionable without any notice to you.  You agree to hold harmless WaterIonizerDirectory.com, its Affiliates, Service Providers and Business Partners from all claims based upon communications made or materials posted by others or the use by third parties of the Site. 

Bait and Switch
“Bait and Switch” is defined as a deceptive way of selling that involves advertising a product at a very low price in order to attract customers who are then persuaded to switch to a more expensive product.  For the purposes of this Site, the term “Bait and Switch” may also refer to a Member claiming to be a dealer of one brand of product, and then attempts to “switch” the customer to another brand once they are contacted. WaterIonizerDirectory.com strictly prohibits the use of “Bait and Switch” methodologies.  Members are forbidden from claiming to be a dealer of one brand of product, when in fact they are not, for the sole purpose of attracting communications from perspective customers.  Any Member listing found to be employing “Bait and Switch” methods will be found to be in violation of the these Guidelines and will be subject to our “Violation Warning” policy.   

Mudslinging
Negative campaigning, also known more colloquially as "mudslinging", is trying to win an advantage by referring to negative aspects of an opponent or of a policy rather than emphasizing one's own positive attributes or preferred policies.  For the purposes of Member listings, the use of “mudslinging” is strictly prohibited.  WaterIonizerDirectory.com will not tolerate any form of “mudslinging”, no matter how subtle.  Any listing found to be in violation of this section will be subject to our “Violation Warning” policy.  Simply put, sell your OWN product or brand, do not “un-sell” your competitor’s.

Product Promotion; Pricing
Although we allow Members to display products or services that they offer within their listings, without reservation by us, Members may not display any pricing for any product or service within any area of a Member listing.  If we find any content displaying any pricing for any product or services within any Member listing, we will eliminate, without prior notice to the Member, such content as it is made known to us, and a warning will be sent to the Member.

Private Dealer Agreements
By listing your services on our Site, you agree to be in compliance with any private agreements, arrangements, contracts or Policies and Procedures of any manufacturer that you are a dealer for.  WaterIonizerDirectory.com disclaims any liability for any Member found to be in violation of any private contracts or agreements made outside the policies set forth by WaterIonizerDirectory.com to its users.  If WaterIonizerDirectory.com is contacted by any third party in regards to a Member’s violation of private contracts or agreements we may, but are not obligated to, communicate with the Member in an attempt to resolve the issue.  It is the Member’s sole responsibility to make sure that they are in compliance with private agreements, contracts or arrangements. 

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V. Canceling Membership

Dealers may cancel their memberships at any time, at which time any reoccuring charges will cease. You can cancel your membership by signing into your member account area and going to the "Manage Membership" tab. If a dealer chooses to cancel their membership all member data will be retained by the Site for 30 days, within which time a dealer may choose to restart their account by paying for any new membership type. If the dealer does not wish to reopen a dealer account within the 30 day period, all member data will be deleted from the system and data will not be recoverable.

All cancelations are subject to a forfeiture of any remaing paid time by the dealer, and no partial refunds will be given for any prorated amount of time used over time paid, for any reason whatsoever. All cancelations are final.

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VI. Legal Terms & Conditions

License and Warranties.
Member hereby grants WaterIonizerDirectory.com the right to market, display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote Member listings together with any content or materials on any interactive site linked to the listing through the WaterIonizerDirectory.com website.  Member certifies that it has all necessary rights and permissions to offer, sell and/or license such products and services through Member’s listing and the Member's website, and that the Member’s listing and the Member's website do not and will not violate any applicable laws or regulations or any third-party rights (including, without limitation, intellectual property rights), or contain any libelous or defamatory materials. Member certifies that the listing and the Member's website will at all times comply with all standard, written policies applicable to WaterIonizerDirectory.com, including the privacy policies and listing specifications.

WaterIonizerDirectory.com Trademarks.
Member shall not use, display or modify WaterIonizerDirectory.com's trademarks in any manner without the prior written consent of WaterIonizerDirectory.com.

Limitation of Liability; Disclaimer; Indemnification.
(A) Except in connection with the confidentiality, solicitation, tax and indemnity provisions herein, damages under this agreement shall be limited to direct damages, (B) WaterIonizerDirectory.com does not make and specifically disclaims any representations or warranties, express or implied, and under no circumstances will WaterIonizerDirectory.com's aggregate liability hereunder or in connection herewith (including, without limitation, in respect of the indemnity below) exceed the member listing fees actually paid by Member to WaterIonizerDirectory.com hereunder, and (C) each party ("indemnifying party") hereby agrees to indemnify, defend and hold harmless the other party and the officers, directors, agents, affiliates, distributors, franchises and employees of the other party from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys. fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings arising out of any material breach by indemnifying party of any duty, representation or warranty under these Member Listing Guidelines.

Related Limitations and Covenants.
Neither WaterIonizerDirectory.com nor its affiliates shall have any liability whatsoever by reason of error for which they may be responsible in any listing beyond liability to give the Member credit for so much of the space occupied by the advertisement as is materially affected by the error; and its obligation to give such credit shall not apply unless it is notified of the inaccuracy within 48 hours following the posting error.

WaterIonizerDirectory.com does not guarantee any given level of circulation, distribution, reach or readership for any listing.

The Member assumes liability for all content (including text representation, illustrations, updates and links to other internet content) of information published and also assumes responsibility for any claims arising made against WaterIonizerDirectory.com or its affiliates, including all costs associated with defending any such claim.
WaterIonizerDirectory.com shall not be liable to the Member for any technical malfunction, computer error or loss of data or other injury, damage or disruption to listing or any web sites.

In the event an account is referred to a third party for collection, Member agrees to pay all collection fees including attorneys' fees and court costs incurred to effect collection.

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VII. Solicitations; Privacy Policy; User Information

Member shall not send unsolicited, commercial email or other online communications (e.g., "spam") through or into WaterIonizerDirectory.com and shall comply with all standard WaterIonizerDirectory.com bulk email policies.

Member shall ensure that its collection, use and disclosure of information obtained from WaterIonizerDirectory.com users under these Guidelines comply with all applicable laws, regulations and privacy policies.

Member shall not disclose such user information to any party, nor shall Member use or allow any other party to use such user information in any manner that is or could reasonably be expected to be used by or on behalf of any product or service competitive with WaterIonizerDirectory.com. This section shall survive the completion, expiration, termination or cancellation of these Guidelines for a period of two (2) years.

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VIII. Confidentiality

Both parties will keep the existence and terms of these Guidelines confidential and neither party will publish any press release related hereto without the prior written consent of the other party.

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IX. Contact Information

If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.

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