Terms & Conditions

Thank you for visiting the Web Semantics website located at www.websemantics.com (the “Site”). The Site is an Internet property of Web Semantics (“Web Semantics,” “we” or “us”). The following Web Semantics Website Terms and Conditions (“Terms and Conditions”) shall incorporate and govern the Web Semantics Website Privacy Policy (“Privacy Policy“), the Web Semantics Advertiser Terms (“Advertiser Terms“) and any and all other applicable Web Semantics operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time (collectively, the “Agreement”).

You agree, without limitation or qualification, to be bound by the terms of the Agreement in its entirety when you: (a) access the Site; (b) utilize the Web Semantics search directory (“Directory Service”) in order to obtain search listings and related information (collectively, “Listings”) regarding a variety of businesses, professionals, venues, products and/or services (collectively, “Third Party Offerings”) as offered and provided by the third party business entities and professionals featured on the Site (collectively, “Third Party Service Providers”); (c) access articles, discussions and feedback on the Web Semantics Community, Web Semantics Forum and/or Web Semantics Resource Center (collectively, “Community”) and/or access other content on the Site (collectively, “Content”); (d) utilize the Site’s many interactive features designed to facilitate interaction between you, Web Semantics, the “Moderators”, “Contributors,” “Expert Panelists,” “Members” and “Ongoing Contributors” (collectively, “Community Participants”) participating in the Resource Center and other Site users including, but not limited to, blogs, comment sections, reviews and question and answer options located in designated areas of the Site (“Interactive Services”); (e) register to submit a free Listing of your Third Party Offerings; (f) register for enhanced services (“Paid Advertiser Services”) in connection with promoting your Third Party Offerings as an “Advertiser”; (g) register for exclusive services (“Paid Advertiser Services”) in connection with promoting your Third Party Offerings as an “Advertiser”; (h) participate in the Web Semantics Rewards Program (“Rewards Program”); and/or (i) access links to our social media pages on third party social media websites, such as Facebook® and Twitter® (“Social Media Pages,” and together with the Site, Directory Services, Listings, Resource Center, Content, Interactive Services, Paid Advertiser Services, Rewards Program and Social Media Pages, the “Web Semantics Offerings”).

PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE Web Semantics OFFERINGS IN ANY MANNER OR FORM.

You understand and agree that Web Semantics shall not be liable to you, any other Site User (as defined below) or any third party for any claim in connection with your use of, or inability to use, the Web Semantics Offerings. Web Semantics disclaims any and all liability for any loss, damage, or injury based on Site Content, Third Party Offerings or other products, services and information directly or indirectly obtained through the Web Semantics Offerings. You understand and agree that Web Semantics is not responsible or liable in any manner whatsoever for any dispute between you and any Site User.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Web Semantics is not in any way affiliated with Facebook or Twitter, and the Web Semantics Offerings are not endorsed, administered or sponsored by Facebook or Twitter.

Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and Web Semantics with respect to your use of the Web Semantics Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Web Semantics Offerings. By your continued use of the Web Semantics Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Web Semantics Offerings shall be subject to the Agreement. If Web Semantics terminates the Agreement for any reason, Web Semantics shall have no liability or responsibility to you. You understand and agree that refusal to use the Web Semantics Offerings is your sole right and remedy with respect to any dispute with Web Semantics. The Agreement only governs your use of the Web Semantics Offerings.

1. Non-Endorsement: Site Content and Site Users.

1. Web Semantics does not sponsor, recommend or endorse: (i) any Third Party Service Providers (including Advertisers) that are accessible by and through the Directory Service and/or Interactive Services; and/or (ii) any Community Participants that are accessible by and through the Community and/or Interactive Services; and/or (iii) any Site visitors (“Visitors”) that are accessible by and through the Community and/or Interactive Services. The Site facilitates communication between Third Party Service Providers, Community Participants, Visitors and potential users of associated Third Party Offerings. Some of the Third Party Service Providers that are accessible by and through the Directory Service pay a fee for inclusion in the Directory Service.

2. The Web Semantics Offerings contain comments, opinions, statements, feedback, reviews and other content (collectively, “Feedback”), Listings, Content, Community Articles (as defined below), advertisements, responses, statements, promises and other information (collectively, “Site Content”) that is provided directly by Third Party Service Providers, Network Participants, Visitors and any other parties that use the Site (collectively, “Site Users”). You agree that Web Semantics shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Web Semantics does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Please use caution and common sense when using the Site and Directory Service. Web Semantics in no way endorses the Site Content made available by Site Users through the Interactive Services, Directory Service, Resource Center and/or any other Web Semantics Offerings. The Site Content and other information submitted or made available by Site Users is not verified or reviewed in any way before it appears on the Site or otherwise through the Web Semantics Offerings. Web Semantics does not warrant the validity or accuracy of any such Site Content. Each Site User shall be solely responsible for the Site Content posted by and through the Web Semantics Offerings. Web Semantics reserves the right to prohibit any conduct by Site Users or remove any Site Content from the Web Semantics Offerings at any time and for any reason, in Web Semantics’s™ sole discretion. The reasons for removal may include where Web Semantics believes that the Site Content posted by a Site User is unsuitable for the Web Semantics Offerings for any reason including, without limitation, where: (i) the Site Content contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) the Site Content contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) Web Semantics believes that a Site User is, at any time, conducting any commercial activity by and through the Site; and/or (iv) Web Semantics believes that a Site User is in violation of the Agreement including, without limitation, Section 11 below.

3. Web Semantics does not involve itself in the agreements arrived at by and between Visitors and Third Party Service Providers, or in the actual provision of Third Party Offerings in connection with the relationships created thereby. Therefore, Web Semantics does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Visitors or Third Party Service Providers. Visitors, and not Web Semantics, are solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Service Providers that such Visitors contact via the Directory Service.

2. Requirements. The Web Semantics Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Web Semantics Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the Web Semantics Offerings.

3. Directory Service. Web Semantics provides Visitors with the opportunity to: (a) conduct searches for various Third Party Service Providers by city, or zip code; (b) view the Listings that match their Third Party Service Provider search results; and (c) obtain contact information for such Third Party Service Providers in order to contact them regarding their Third Party Offerings. Some of the Third Party Service Providers that are accessible by and through the Directory Service pay a fee for inclusion in the Directory Service. Please be advised that Web Semantics does not itself provide any underlying products and/or services, and the ultimate terms and conditions of any Third Party Offerings will be determined by the applicable Third Party Service Providers. To receive information regarding Third Party Service Providers, you must first fully complete the registration forms located on the Site (collectively, the “Site Form”). The information that you must supply on the Site Form includes, but is not limited to: (i) your zip code; (ii) your city; (iii) the category applicable to your inquiry, if any; and/or (iv) any other information requested on the Site Form (collectively, the “Directory Registration Data”). You agree to provide true, accurate, current and complete Directory Registration Data and to update your Directory Registration Data as necessary in order to maintain it in a current and accurate fashion. Web Semantics’s™ use of the Directory Registration Data shall be governed by the Privacy Policy. Please be advised that the Directory Registration Data submitted by you, and any and all other information provided by you to Web Semantics is not protected by the attorney-client privilege, and submitting this information does not create an attorney-client relationship. Upon entering your Directory Registration Data and clicking on the applicable submission button on the Site, you may be provided additional information regarding participating Third Party Service Providers that are located in your designated geographic area that you can choose to contact or be contacted by. Upon your request to contact, or be contacted by, any of the applicable Third Party Service Providers, Web Semantics may transfer all or some of your Directory Registration Data to the applicable Third Party Service Provider(s) in connection with facilitating your request for Third Party Offerings from same. Please be advised that selecting a Third Party Legal Professional to contact, or be contacted by, does not create an attorney-client relationship.You understand and agree that Web Semantics shall not be liable to you or any third party for any modification, suspension or discontinuation of any service offered by any Third Party Service Provider.

4. Listings/Free Listings. Subject to the terms and conditions of the Agreement, as well as the Advertiser Terms that you agree to in their entirety when you submit Listings for display to Site Users, agreeing to the Agreement and receiving approval from Web Semantics, you (acting as a Third Party Service Provider) can submit, or attempt to submit, Listings for display to Site Users that conduct searches by and through the Directory Services.To submit a Listing, you must first fully complete the applicable Site Form or have an Web Semantics Representative assist you with completing the Site Form via phone, email, or online chat. The information that you must supply on the Site Form or to the Representative includes, but is not limited to: (a) your company information such as business name, phone number, address; (b) products and services that apply to your company’s business practice; (c) pictures and videos of your company, products and services; (d) your company’s website; and/or (e) any other information requested on the Site Form (collectively, the “Listing Registration Data”). You agree to provide true, accurate, current and complete Listing Registration Data and to update your Listing Registration Data as necessary in order to maintain it in a current and accurate fashion. Web Semantics’s™ use of the Listing Registration Data shall be governed by the Privacy Policy. The Listings contain descriptions that are provided directly by the applicable Third Party Service Providers, or the manufacturers or distributors of the Third Party Offerings featured in the Listings, as applicable. Web Semantics does not represent or warrant that the descriptions of such items are accurate or complete. As a result, Web Semantics has no control over: (i) the quality, safety or legality of the Third Party Offerings; (ii) the truth or accuracy of the Listings; and/or (iii) the ability of the applicable Third Party Service Providers to sell the Third Party Offerings. Do not assume that the offer, sale, purchase, export or import of any Third Party Offerings is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that the applicable Third Party Service Provider actually completes a transaction. Where you submit a Listing by and through the Site or by and through an Web Semantics Representative, you represent and warrant that: (A) all content in the Listing is accurate, complete and current; (B) you have all necessary rights, power and authority to publish the Listing; (C) the Listing, and any website listed in, or linked to from, the Listing: (I) complies with all applicable laws and regulations; (II) does not infringe upon, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; (III) does not violate the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and (IV) does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (D) you possess documents that substantiate all claims, express and implied, contained within the Listing.

5. Paid Advertiser Services. Subject to the terms and conditions of the Agreement, as well as the Advertiser Terms that you agree to in their entirety when you register to become an Advertiser, by registering on the Site and receiving approval from Web Semantics, you can obtain, or attempt to obtain, for a fee, access to the Paid Advertiser Services as an Advertiser. Please review the terms and conditions of the Advertiser Terms carefully before proceeding with registration. Advertisers are subject to the same obligations, terms and conditions as apply to Third Party Service Providers under the Agreement including, without limitation, those applicable to Listings set forth in Section 5 above. To submit a Listing, you must first fully complete the applicable Site Form on the Site, or via telephone with an Web Semantics Representative. The information that you must supply on the Site Form includes, but is not limited to: (a) your company information such as business name, phone number, address; (b) products and services that apply to your company’s business practice; (c) pictures and videos of your company, products and services; (d) a link to your company’s website; and/or (e) any other information requested on the Site Form (collectively, the “Advertiser Registration Data”). You agree to provide true, accurate, current and complete Advertiser Registration Data and to update your Advertiser Registration Data as necessary in order to maintain it in a current and accurate fashion. Web Semantics’s™ use of the Advertiser Registration Data shall be governed by the Privacy Policy.

Billing: While the amount that you are charged may vary depending on the applicable Paid Advertiser Services requested, we offer a “Subscription Fee” plan; ALL CHARGES ARE FINAL AND NON-REFUNDABLE. Web Semantics MUST BE NOTIFIED IN WRITING OR BY CALLING AND SPEAKING WITH A CUSTOMER SERVICE REPRESENTATIVE TO CANCEL YOUR Paid Advertiser Services ACCOUNT. Web Semantics DOES NOT SELL Paid Advertiser Services ON A “TRIAL BASIS,” WHEREBY BILLING AUTOMATICALLY TERMINATES AFTER THE “TRIAL PERIOD.” YOUR ADVERTISING WILL BE CANCELLED EFFECTIVE AS OF THE NEXT BILLING DATE SUBSEQUENT TO Web Semantics RECEIVING YOUR WRITTEN CANCELLATION REQUEST OR PHONE CALL INTO CUSTOMER SERVICE REQUESTING A CANCELLATION. Subscription Fee: Upon registering as an Advertiser, selecting the Subscription Fee plan and providing the requisite Advertiser Registration Data, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”) will be charged the agreed setup fee and monthly billing amount. Your Active Credit Card will be charged the amount for the applicable Paid Advertiser Services requested on a recurring basis, for each subsequent month or (30) thirty days, until cancelled or discontinued by you. You acknowledge and agree that Web Semantics will not obtain any additional authorization from you for this recurring payment. Unless canceled by you, you re-affirm that Web Semantics is authorized to charge your Active Credit Card on a recurring basis.

Cancellation of Advertiser Account: You may cancel your Advertiser account at any time by: (A) Calling Customer Service at (360) 365-5005; or (B) Sending us a written request by email to support@websemantics.com. (I) you will remain responsible for timely payment of any and all fees that you have already incurred (including any applicable late fees); (II) you shall not receive any pro-rated refund for partial months; and (III) we will not refund any amounts previously paid up to the date of cancellation or termination. Please have your Advertiser Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your Advertiser account is your sole right and remedy with respect to any dispute with you and Web Semantics concerning the Paid Advertiser Services.

6. Community. The Web Semantics Community features an ongoing, interactive Resource Center (“Resource Center”) including conversations, discussions and forums surrounding articles (“Resource Articles”) on a broad range of topics as submitted by registered Community Participants and/or permitted guests. Visitors may be permitted to post Feedback at the end of Resource Articles subject to the terms and conditions of the Agreement, by sending Web Semantics a request to support@websemantics.com:
(a) agreeing to the Agreement and receiving approval from Web Semantics, you may be granted access to the Web Semantics Community as an Ongoing Contributor, Moderator or Expert Panelist; and/or (b) you may be granted access to the Resource Center as a Contributor or Member. To become a Community Participant, you must provide certain information to the applicable Web Semantics representative (collectively, the “Community Registration Data” and together with the Directory Registration Data, Listing Registration Data and Advertiser Registration Data, the “Registration Data”). You agree to provide true, accurate, current and complete Community Registration Data and to update your Community Registration Data as necessary in order to maintain it in a current and accurate fashion. Web Semantics’s use of Community Registration Data shall be governed by the Privacy Policy. The Resource Articles are provided directly by the applicable Resource Center Participants. Web Semantics does not represent or warrant that the Resource Articles are accurate or complete. As a result, Web Semantics has no control over: (a) the quality, safety or legality of the Resource Articles; and/or (b) the truth or accuracy of the Resource Articles. Where you submit a Resource Article by and through the Site, you represent and warrant that: (i) all content in the Resource Article is accurate, complete and current; (ii) you have all necessary rights, power and authority to publish the Resource Article (and grant Web Semantics the rights to publish and use same as contemplated hereunder); (iii) the Network Article, and any website listed in, or linked to from, the Resource Article: (A) complies with all applicable laws, rules and regulations including, without limitation, the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials; (B) does not infringe upon, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; (C) does not violate the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and (D) does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (iv) you possess documents that substantiate all claims, express and implied, contained within the Resource Article.

7. Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Web Semantics Offerings. The Content is compiled, distributed and displayed by Web Semantics, as well as various third-party content providers including, without limitation, Third Party Service Providers, Visitors and Community Participants (“Third-Party Providers”). Web Semantics does not control the Content provided by Third-Party Providers that is made available by and through the Web Semantics Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Web Semantics does not represent or warrant that the Content and other information posted by and through the Web Semantics Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Web Semantics shall not be responsible for, and Web Semantics undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Web Semantics shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.

8. Social Media Pages. The Site contains links to various Web Semantics Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by the applicable terms and conditions of those Social Media Websites. You understand and agree that Web Semantics shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Website

9. Interactive Services. Subject to the restrictions set forth herein, the Interactive Services will allow you to participate in, and provide Feedback in connection with, Community Articles comment sections, blogs, message boards, question and answer areas and other interactive areas of the Site.

10. Site Content Submission Guidelines. All Site Content that you submit through or in association with the Web Semantics Offerings including, without limitation, the Registration Data, Feedback, Listings, Content, Resource Articles, advertisements, responses, statements, promises or other information, shall be subject to the Privacy Policy. By submitting such Site Content to us, you: (a) represent and warrant that Web Semantics’s™ use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that Web Semantics is free to use in any manner all or part of the content of any such Site Content or other materials in perpetuity, on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant Web Semantics all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Site Content and/or materials, in whole or in part, or as a derivative work, without any duty by Web Semantics to anyone whatsoever. Web Semantics does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works and/or materials. You agree that you are solely responsible for the Site Content that you publish, transmit and/or post by and through the Web Semantics Offerings. You agree to use the Web Semantics Offerings in full compliance with all applicable laws, rules and regulations. In connection with your use of the Web Semantics Offerings, and submission of Site Content, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, Site Users; (vii) transmit any chain letters, spam or junk e-mail to Site Users or other parties; (viii) express or imply that any statements you make are endorsed by Web Semantics; (ix) harvest or collect personal information of Site Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained in the Web Semantics Offerings; (xiii) interfere with or disrupt any of the Web Semantics Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) “frame” or “mirror” any part of the Web Semantics Offerings; (xvii) use meta tags or code or other devices containing any reference to the Web Semantics Offerings in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Web Semantics Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to some or all of the Web Semantics Offerings without notice, in the sole discretion of Web Semantics. Web Semantics reserves the right to pursue any and all legal remedies against Site Users that engage in the aforementioned prohibited conduct.

11. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Web Semantics Offerings and associated content in accordance with the Agreement. Web Semantics may terminate this license at any time for any reason. Other than where expressly permitted by Web Semantics, you may only use the Web Semantics Offerings on one computer for your own personal, non-commercial use. No part of the Web Semantics Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Web Semantics Offerings or any portion thereof. Web Semantics reserves all rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Semantics Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on Web Semantics infrastructure. Your right to use the Web Semantics Offerings is not transferable.

12. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Web Semantics Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Web Semantics Offerings is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Web Semantics is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at the Site or through the Web Semantics Offerings. The posting of information or material on the Site by Web Semantics does not constitute a waiver of any right in or to such information and/or materials. The “Web Semantics” name and logo, and all associated graphics, icons and service names, are trademarks of Web Semantics LLC. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.

13. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

14. Legal Warning. Any attempt by any individual, whether or not an Web Semantics customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Web Semantics Offerings, is a violation of criminal and civil law and Web Semantics will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

15. Indemnification. You agree to indemnify and hold Web Semantics, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Web Semantics Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Site User or third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 18 are for the benefit of Web Semantics, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensers, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

16. Disclaimer of Warranties. THE Web Semantics OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Web Semantics MAKES NO WARRANTY THAT: (A) THE Web Semantics OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE Web Semantics OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Web Semantics OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE Web Semantics OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Web Semantics, ANY SITE USER OR OTHERWISE THROUGH OR FROM THE Web Semantics OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Web Semantics SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Web Semantics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE Web Semantics OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE Web Semantics OFFERINGS; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE Web Semantics OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Web Semantics FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF Web Semantics TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Web Semantics. THE Web Semantics OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR, THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

18. Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, certain Site User websites. Because Web Semantics has no control over such third party websites and/or resources, you hereby acknowledge and agree that Web Semantics is not responsible for the availability of such third party websites and/or resources. Furthermore, Web Semantics does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

19. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Temecula, Washington and shall be governed by and construed in accordance with the laws of the State of Washington (without regard to conflict of law principles). Should a dispute arise concerning the Web Semantics Offerings, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the Clark County Bar Association in Vancounver, WA or the county of your residence, in accordance with the then current Commercial Arbitration rules of the Clark County Bar Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute, you must submit your dispute for resolution by arbitration as set forth above, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Web Semantics and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Web Semantics incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

20. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any Web Semantics Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

21. Contact Us. If you have any questions regarding the Agreement, or would like more information from Web Semantics, please contact us by using our contact page; or call us at: (360) 365-5005.