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Terms of Use
Read These Terms of Use Before Accessing Our Website
Effective Date: These Terms of Use were last updated on 06/1/2008
These Terms of Use set forth the standards of use of the AdTurtle Online Service. By using the www.adturtle.com website you (the “Member”) agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the Terms of Use of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.adturtle.com website. These Terms of Use compromise the entire agreement between you and AdTurtle and supersede all prior agreements between the parties regarding the subject matter hereof. All references herein to “we” or “us” refer to AdTurtle. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. By using the Site you understand and agree that the Site is intended for an adult audience and, as such, there may be some content on the Site that is inappropriate for minors.
1. Description of Services
AdTurtle is a community where local businesses find low cost advertising in return for being ranked and verified, providing security to the consumer. Consumers provide positive or negative feedback on any company that they do business with. Ratings are not listed immediately as we will review feedback and try to resolve any complaints. Businesses are listed based on their consumer rankings, giving the best companies the highest listing. This company was built on the idea that we could provide low cost advertising for small businesses and also provide security in choosing service providers to the consumer. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us. You may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property. AdTurtle and its services are for your personal and personal business purposes only. The information regarding our customers and service providers is only to be used in connection with this service.
2. Conditions of Use
In order to access certain features on this site, such as write reviews, you must register and provide us with certain personally identifying information, including but not limited to first and last name and email address, (collectively “Registration Information”). You must be 18 years of age in order to register with the site and submit User Content. AdTurtle only uses Registration Information in accordance with our Privacy Policy. Providing false Registration Information constitutes a material breach of the Terms of Use. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting area of this website, such as any reviews or comments, you agree that we (including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Although we make this site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for personal, non-commercial use information you receive through this website. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. Of course, you’re free to encourage others to access the information themselves on our website and to tell them how to find it.
Fees
We do not charge consumers to use our service. But our service providers are charged a nominal fee of $9.99 per month. Additional fees will apply for additional features. Payments must be made in advance to start/continue your listing. Due to the type of service AdTurtle provides, all charges are nonrefundable
Release
Although we sincerely hope that disputes among our users can be avoided, if you have a dispute with one or more users of the AdTurtle Website, you release AdTurtle (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
3. Disclaimer of Warranties.
This site is provided by AdTurtle on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, AdTurtle makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. AdTurtle shall have no liability for any interruptions in the use of this Website. AdTurtle disclaims all warranties with the regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable. In such states, our liability and the liability of our affiliates, agents and licensors is limited to the fullest extent permitted by such state law. You agree that our liability and the liability of our affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to the service shall not exceed the amount you paid for the use of the service.
4. Indemnification
Member agrees to indemnify and hold AdTurtle, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
AdTurtle reserves the right to modify or discontinue the Service with or without notice to the Member. AdTurtle shall not be liable to Member or any third party should AdTurtle exercise its right to modify or discontinue the Service. Member acknowledges and accepts that AdTurtle does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website includes links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Governing Jurisdiction of the Courts- California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We do our best to verify the legality of each company we list on our website but cannot guarantee other services are appropriate, legal or available to use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
8. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by AdTurtle.com 2008, with all rights reserved, or is the property of AdTurtle and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of AdTurtle is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized AdTurtle Representative.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, AdTurtle.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Telephone: (916) 225-7580
By email: info@adturtle.com
11. Botnets
AdTurtle retains the right, at our sole discretion, to terminate any accounts involved with Botnets and related activities. If any hostnames are used as command and control points for Botnets, AdTurtle reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
12. Other Terms
If any provision of these Terms and Conditions shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and Conditions and any other agreements referenced herein may be assigned by AdTurtle, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting these Terms and Conditions, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
a. Free Custom Websites
AdTurtle.com offers free custom websites to individuals and businesses that purchase our monthly hosting and maintenance package for a minimum of 1 year. The cost of the monthly hosting and maintenance package is $50 per month and a deposit of $150 is required. If all payments are made the deposit will be used as payment for months 10, 11, and 12. If the individual or business cancels the monthly hosting and maintenance package or does not make payments, the web site will be frozen. After 60 days of nonpayment the account will be terminated and the deposit will be forfeited as payment for the website.
b.
AdTurtle.com offers Search Engine Optimization services but we make no claims that your site will be listed in any specific position in any search engine, as we have no control over the search engines or their processes and results.
13. Prohibited Uses.
Any inappropriate use not limited to these activities will be cause for termination of service: Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, pornographic, obscene, or hate-speech; Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through AdTurtle; Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; Uploading, posting, emailing, transmitting or otherwise making available unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our expressed written consent; Gathering any email addresses from our public areas for the purpose of “spamming”; Manipulating or attempting to manipulate our rating system; Transferring your User account ID and rating to another party Uploading, posting, emailing, transmitting or otherwise making available any content that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment; Uploading or posting any off-topic or irrelevant material; Interfering with or disrupting any servers or networks used to provide our service, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the service; Violating any applicable local, state, national or international law, including, but not limited to all applicable laws regarding the transmission of technical data exported from the United States or the country where you reside; “Stalking” or otherwise harassing another; Instigating or encouraging others to commit illegal activities or cause injury or property damage to another person; Collecting or storing personal data about users; Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Terms of Use, or to protect the rights, property or safety of visitors to our website, our customers, the public or AdTurtle and its employees, agents, partners and affiliates. We reserve the right to deny access to our service to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
We will comply with the requirements of the law regarding disclosure of any messages to others, and we may disclose messages in response to requests from law enforcement agencies without prior notice to the affected Service User.
