A. Acknowledgement and Acceptance of Service Agreement
1. The Lake Tahoe Express Service is provided under the terms and conditions of this Lake Tahoe Express Service Agreement ("Agreement").
2. BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE "Submit" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
3. Lake Tahoe Express reserves the right, in its sole discretion, to change, modify, add, or remove all or part of the Agreement at any time with or without notice.
B. Description of Lake Tahoe Express Service
1. Lake Tahoe Express is a fee-based service that allows you to pay for expedited consideration of your web site for inclusion in the "About Lake Tahoe" web site located at www.thewebstation.com/OgardTravel/LakeTahoe. Subject to the terms below, your web site's continued inclusion in "About Lake Tahoe" will be subject to an additional review each year and to the applicable, then-current NON-REFUNDABLE recurring annual fee ("Recurring Annual Fee"). In consideration of your payment and participation in Lake Tahoe Express in accordance with this Agreement, Lake Tahoe Express agrees to review your site for inclusion in"About Lake Tahoe" and respond to you within seven (7) business days from the date that you submit your site for consideration (excluding holidays and any delays due to problems processing your request).
2. In order for Lake Tahoe Express to include your site in "About Lake Tahoe", you must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the then current, applicable NON-REFUNDABLE fee for expedited review and response. You agree that each year, your site will be subject to an additional review for minimum site criteria, and your credit card will be charged the then-current Annual Fee. Lake Tahoe Express reserves the right to remove your site from "About Lake Tahoe" for any reason, in our sole discretion, including but not limited to failure to meet the minimum criteria in section C. below.
3. The current fee for Lake Tahoe Express for initial inclusion in "About Lake Tahoe" is a NON-REFUNDABLE fee of US $37.50 applicable for each web site submitted. Do not submit a site offering adult content and/or services. Your site will not be included in "About Lake Tahoe" and no fees will be refunded if you do submit your site. Your payment only guarantees that Lake Tahoe Express will respond to your submission request within seven business days.
4. NOTHING IN THIS AGREEMENT OBLIGATES LAKE TAHOE EXPRESS TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF "ABOUT LAKE TAHOE" OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE. NO ADVERTISING HYPE WILL BE INCLUDED IN YOUR LISTING.
5. Please note that Lake Tahoe Express is only open to sites that DO NOT ALREADY EXIST in "About Lake Tahoe". Do not submit your site to Lake Tahoe Express program if your site already appears in "About Lake Tahoe". IF YOU SUBMIT A SITE THAT ALREADY EXISTS IN "ABOUT LAKE TAHOE", YOUR CREDIT CARD WILL BE CHARGED THE THEN-CURRENT, APPLICABLE FEE FOR EXPEDITED REVIEW. Nor should you submit change requests to the Lake Tahoe Express program. If you need to make a change to your listing in "About Lake Tahoe" (this includes changing the URL, title, and/or description of the existing site), you must use the change form NOT Lake Tahoe Express. IF YOU SUBMIT CHANGE REQUESTS THROUGH LAKE TAHOE EXPRESS, YOU WILL BE CHARGED THE THEN-CURRENT, APPLICABLE FEE FOR EXPEDITED REVIEW, AND THE CHANGES YOU SUBMIT WILL NOT BE MADE.
6. Your representations regarding your site You represent and warrant that the site you are submitting does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the site submitted comply with all applicable laws and regulations.
C. Minimum Site Criteria
1. All web sites submitted to Lake Tahoe Express must meet the following minimum criteria:
• If the site is a commercial web site, the official business name must be visible to any visitor to that site;
• The site must clearly define its purpose, products, and/or services;
• The site may not appear in "About Lake Tahoe" under a different URL;
• The site must contain unique content, as determined by Lake Tahoe Express's editorial staff (for example, a user who submits multiple URLs to the same content is not submitting unique content);
• The site must not contain any parts under construction;
• All links on the site must function properly;
• The site must be in the English language (or have an English version available);
• The site must support multiple browsers and capabilities (e.g., no Java-only sites);
• The site must be up and running 24 hours a day, 7 days a week.
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND LAKE TAHOE EXPRESS, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING, OR REMOVING A SITE.
D. Listing of Sites
1. Lake Tahoe Express reserves the right to decide whether, where, and how a site is listed in "About Lake Tahoe". Lake Tahoe Express will consider your preferences but reserves the right to list your site in any category or subcategory as Lake Tahoe Express deems appropriate, in its sole discretion. Lake Tahoe Express reserves the right not to include any specific keywords, comments, or annotations with the listing of a site in "About Lake Tahoe".
2. Lake Tahoe Express also reserves the right, in its sole discretion, to remove your site from "About Lake Tahoe", move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.
E. Feedback
Lake Tahoe Express will contact Applicant by email describing when the site has been added to "About Lake Tahoe".
F. Termination
If you wish to terminate participation in the Lake Tahoe Express program, you must send a notice to Lake Tahoe Express as set forth in Section K, "Notices," below. Please state that you wish to terminate your site's inclusion in "About Lake Tahoe". To avoid your credit card being billed for the Recurring Annual Fee, requests for termination must be received by Lake Tahoe Express at least five (5) business days before the end of the year that you intend to be your last year of participation. The "end of the year" is defined as 365 days from the date that your web site was added to "About Lake Tahoe" as noted on the confirmation emailed to you at that time. Once Lake Tahoe Express receives such notification from you, your participation in the Lake Tahoe Express program will cease and your listing will be removed at the end of the year. If you request that your listing be removed before the end of a year for which you have pre-paid the Recurring Annual Fee, you agree that Lake Tahoe Express will not be required to refund any portion of such fee.
G. Applicant Privacy
Lake Tahoe Express may contact Applicant regarding Lake Tahoe Express using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from Lake Tahoe Express's advertisers.
H. Indemnity
Applicant agrees to indemnify, defend, and hold harmless Lake Tahoe Express, and its parents, subsidiaries, affiliates, employees, and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others.
I. Disclaimer of Warranties and Liabilities
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. LAKE TAHOE EXPRESS, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF LAKE TAHOE EXPRESS IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, LAKE TAHOE EXPRESS'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR LAKE TAHOE EXPRESS'S CONTINUED LISTING OF A SITE IN 'ABOUT LAKE TAHOE". LAKE TAHOE EXPRESS'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO LAKE TAHOE EXPRESS UNDER THIS AGREEMENT.
J. Force Majeure
Lake Tahoe Express is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
K. Notices
Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Lake Tahoe Express, such notices shall be addressed to webmaster@thewebstation.com or to Image Builders at P. O. Box 32932, Knoxville, TN 37930, USA. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Lake Tahoe Express is notified of any changes to Applicant's address as specified in this Section.
L. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings, and all other communications between the parties with respect to such subject matter, excluding the Lake Tahoe Express Terms of Service and the Lake Tahoe Express Privacy Policy.
M. General
The Agreement and the relationship between Applicant and Lake Tahoe Express are governed by the laws of the state of Tennessee, County of Knox, U.S.A., without regard to that state's conflict of laws rules. Applicant and Lake Tahoe Express hereby submit to the personal and exclusive jurisdiction of the Superior Court of the State of Tennesssee for the County of Knox or the United States District Court for the Eastern District of Tennessee for the resolution of disputes arising from or in connection with this Agreement. Lake Tahoe Express's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties never-the-less agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of Goods does not apply to this Agreement. Applicant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or to the Agreement must be filed in the Superior Court of the State of Tennessee for the County of Knox or the United States District Court for the Eastern District of Tennessee within one (1) calendar year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.