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Skaffe Directory Privacy Policy and Terms of Service
Skaffe.com requires and maintains information about Applicants on Skaffe.com servers including, but not limited to, the Applicant's submission information. The Applicant agrees that Skaffe.com may use such information for marketing or other promotional purposes. Applicant agrees that Skaffe.com may disclose such information in the good faith belief that such action is reasonably necessary:
1. to comply with the law or legal process;
2. to enforce this Agreement; or
3. to protect the rights or interests of Skaffe.com or others;
provided, however, that nothing in this section shall impose a duty on Skaffe.com to make any such disclosures. Skaffe.com may contact the Applicant regarding Skaffe.com Express Review using the Applicant's provided e-mail address during the site submission process or as deemed reasonable by Skaffe.com. Such e-mail messages may contain opportunities for special offers and new services from Skaffe.com, its affiliates and/or its advertisers.
INDEMNIFICATION
The Applicant hereby agrees to indemnify, defend and hold harmless Skaffe.com, and its parents, subsidiaries, affiliates, officers, directors, members, editors, employees and agents, from 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. Skaffe.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not, and will not, excuse Applicant's indemnity obligations.
DISCLAIMER OF WARRANTY AND LIABILITY.
The service Skaffe.com is providing is on an "as is" and "as available" basis without warranties of any kind, either express or implied. This includes, but is 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 or error-free. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so some of these exclusions may not apply to all Applicants. Skaffe.com, and its subsidiaries, affiliates, officers, directors, members, editors, 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 direct, indirect, special, incidental or consequential damages of any character, even if Skaffe.com is aware of the risk of such damages that could result in any way from Applicant's use of or non-use of this service, Skaffe.com's acceptance or rejection of a submitted site, or Skaffe.com's continued listing of a site in the directory. Skaffe.com's liability to Applicant shall not, for any reason, exceed the amount actually paid by applicant to Skaffe.com under this agreement.
Skaffe.com is not, and will not be, 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.
NOTICES
Any communications under this Agreement shall be by electronic mail and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Skaffe.com, such notices shall be addressed to teamsupport@skaffe.com. If to Applicant, such notices shall be addressed to the electronic address specified in Applicant's Express Review submission form. It is the Applicant's responsibility to provide an accurate address and to ensure that Skaffe.com is notified of any change(s) to Applicant's address.
AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the Skaffe.com Express Review Service and supersedes all prior or contemporary proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the Skaffe.com Terms of Service and the Skaffe.com Privacy Policy.
IN GENERAL
The Agreement and the relationship between Applicant and Skaffe.com are governed by the laws of the States of Guernsey, Channel Islands, without regard to that state's conflict of laws rules. The Applicant and Skaffe.com hereby submit to the personal and exclusive jurisdiction of the Royal Court of the States of Guernsey, Channel Islands, for the resolution of disputes arising from or in connection with this Agreement. Skaffe.com's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of rights or provisions. If any provisions of the Agreement are determined by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect.
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