Every Pages, Inc. Upgraded Listing Standard Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING FOR AN UPGRADED LISTING. COMPLETION OF THE ONLINE LISTING REGISTRATION FORM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
Introduction. This agreement ("Agreement") between You and Every Pages, Inc. (“Every Pages") consists of these Every Pages Online Listing Service (the "Listing") Standard Terms and Conditions ("Terms and Conditions"). "You" refers to any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement. By “Directory” is meant any of the following website URL’s; www.everydentist.com, www.implantdirectory.com, www.periodontistdirectory.com, and www.orthopages.com and all pages therein.
Listing Options. A BASIC Listing is provided free of charge as a service to the dental professional and the internet public. This listing includes practice name, dentist’s name(s), address, phone number, and office hours. A LINKED Listing is an Improved Basic Listing with an added link to the practice website. Every Pages charges a fee for this listing level. Linked Listings appear before Basic Listings within the practice city and zip code. However, these Listings occur after Enhanced Listings. An Enhanced Listing is an improved Basic listing with the following additional features; textual information about the practice (to be no longer than 50 words in length), a link to the practice website, Ask the Doctor and Request an Appointment Links as described below. An Enhanced Listing appears before all other listing levels for a radius of 15 miles.
1. Listing Participation. Participation in the Listing is subject to Every Pages prior approval. Every Pages reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Listing, You represent that all listing information submitted is true and correct. Listing information found to be false or misleading will be removed. If the case of such removal, a refund will not be issued.
2. Parties' Responsibilities. You are solely responsible for all Listing content, including Your Practice Name, Dentist Names(s), Address, Phone, Website Address, Office Hours, and Listing text. You are responsible for notifying Every Pages of any change to the above. Every Pages reserves the right to investigate, at its own discretion, any activity that may violate this Agreement.
3. Payment Terms. Listing payment is made for a term of one year. This term begins when Your Listing is available online. In the case of unusual delays one month or more) resulting from the lack of an item such as text, website URL, or contact information to be supplied by You, a refund may not be given. However, Your Listing term will not begin until Your Listing is available online.
4. Listing Display. Every Pages will continue to display Your Listing on a “best effort” basis. It is understood that the nature of the internet is such that hosting computers can crash or be subject to viruses which can cause them be down for short period of time. In the highly unlikely event a Directory is “down” for more than a total of 7 days within one month, then the client will be extended a month on his/her 12-month period.
5. Termination. You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Listing to email@example.com. This Agreement will be deemed terminated within ten (10) business days of Every Page’s receipt of Your notice. EveryPages is not required to issue a refund of payment in full or in part. Every Pages may investigate any activity that may violate this Agreement. Every Pages may at any time, in its sole discretion, remove Your listing and terminate this Agreement. If Listing removal is due to Your violation of this agreement, a refund will not be issued.
6. No Guarantee. Every Pages makes no guarantee regarding the level of direct website clicks, referral forms, or the number of patient referrals or practice income generated as a result of Your Listing. In the case of a location containing more than one upgraded Listing no guarantee can be made that Your Listing will appear first within your Listing level.
7. Liability for Lost Business. From time to time Your Listing may be down because of computer problems or routine maintenance. This occurs as a normal course of business and we accept no liability for any lost business you may incur because of Your Listing being off line for any amount of time. It is also possible that errors can occur in the Listing information as it is displayed. If this occurs Every Pages will not be liable for any damages because of lost business incurred as a result. However, if the error is major in nature (i.e. incorrect web address, link or phone number) and is deemed to be the fault of Every Pages, Your Listing will be extended the number of months that the error appeared on the listing.
8. Disclaimers. By requesting a Listing You agree to exercise due diligence in Your direction to Every Pages regarding preparation of materials and You must be able to substantiate all claims and representations in text supplied. You are also responsible for arranging prior to publication, any necessary legal clearances of materials Every Pages prepares for Your Listing. You are also responsible to check all proofs carefully for accuracy in all respects, ranging from spelling, to all biographical & descriptive materials.
9. Payment. Payment for Your Listing is made by credit card in twelve (12) month blocks, paid in advance. By submitting your listing information and credit card information, you agree to pay the total amount shown on the checkout page in compliance with Your cardholder agreement.
10. Representations and Warranties. You represent and warrant that (a) all of the information provided by You to Every Pages to enroll in the Listing is correct and current; (b) You are the owner of each practice or that You are legally authorized to act on behalf of the owner of such practices(s) for the purposes of this Agreement and the Listing; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You.
11. Disputes. If a dispute arises, both parties agree to utilize a neutral third party from the American Arbitration Association to arbitrate a settlement. The cost of the settlement will be borne by the party who is at fault in the dispute.