By using this website, you (hereinafter referred to as the “Business”) are entering into a legally binding agreement (the “Agreement) with Community Success LLC (hereinafter referred to as the “Company”) in accordance with the terms and conditions as specified herein below.
The Company is a successful advertising agency running this website (hereinafter referred to as the “Community Success”) which helps small businesses in the United States of America and Canada to advertise themselves to a large pool of potential customers. The Company features its top vendors and businesses in various categories in a directory format (the “Directory”). The visitors and potential customers can thereafter check the directory, which enables the Business to get exposure and in turn, boost sales.
The Business shall have the option to register itself in the Directory which will enable the Business to showcase its services to the customers. This may enable the Business to enhance its exposure to the community and increase sales.
The Business shall be in control of its listing once it has been registered in the Directory. The Business may add different products and services it has to offer, and shall be able to modify its business profile as many times required.
The Business shall be able to engage with the customers directly and promote their new products and services in any manner whatsoever so long it is not inconsistent with the applicable laws.
The Company shall maintain the Directory in a category format to enable the customers visiting this website to navigate through different businesses efficiently.
Community Success offers three packages (the “Packages”) – (i) Basic; (ii) Premium; and (iii) Featured.
Each Package has the following essential features:
The Company shall list the name of the Business on the Directory and provide only one contact point. Such contact point may be a phone number, email, website or photograph.
|The Company shall list the name of the Business on the Directory. The Business shall be provided with a custom profile which includes business contact information, photos, review and even an “about me” section. Different elements can be added in the profile to enable the customers to know more about the business.||The Company shall list the name of the Business on the Directory. The Business shall be provided with all features that of the Premium Package. In addition to the same, the Business shall be able to add a full bio, up to 12 photographs, up to five contact points, a one liner which will show on the search results page, an opportunity to be featured on social media pages such as Facebook and Instagram. Featured listings will be ahead of Basic listing.|
The Community Success is a subscription-based website which provides its services on a subscription basis. The Business may be listed in the Directory by subscribing to one of the Packages.
The Business may even access the newsletter’s list which the Community Success website will redirect the Business to MailChimp’s sign-up form. There are no additional costs for signing up on this newsletter.
The Company may only list the Business in the Directory upon successful payment. The Basic Package is free and the Business may avail the same for free. The Premium package is for $20.00 per month. The Featured package is for $200 per year.
All payments under this Agreement shall be made through Community Success website only by way of [please insert mode of payment, for e.g. credit card, debit card, cash]. This website uses The WooCommerce plugin to handle all orders and all payments are process on the Stripe platform.
If the payment fails, the Business shall update the payment information immediately by providing details of a new card, otherwise, the Business forfeits its right to be listed in the Directory.
All the sales made under this Agreement are final. The Parties agree that the Business shall not be entitled to any refund in any manner whatsoever irrespective of whether the Business is satisfied with the services provided hereunder.
CHANGES TO THE WEBSITE
The Company reserves the right to make changes to the outlook and functionality of the website, Directory and the content therein. Therefore, there may also be a need to change the terms and conditions. The Author shall have the right to update the terms and conditions without any notice.
The Company shall take every possible effort to ensure that the Community Success runs smoothly. However, the Company takes no liability for the website being unavailable on a temporary basis due to any technical issues which may, or may not be under the control of the Company.
USE AND ACCESS TO WEBSITE
The use of any information, material or content on this website shall be entirely at the Business’ own risk. The Company shall not be liable for the same. It is the Business’ responsibility to ensure that the listings in the Directory are made in an appropriate manner.
It shall be a civil and criminal offence to use this website in an unauthorized manner. It shall entitle the Company to claim for damages which occur as a result of using this website in such way.
The Business not restrict any other visitor from using this website in any manner whatsoever.
The Business shall not transmit any software or materials which may cause any harm whatsoever to this website. These materials may include Trojan horses, viruses and other related cyber defects.
The Business shall not engage in any activity which is intended to gather information from this website in an unlawful manner. This includes flooding, spamming and phishing.
This website consists of materials, information and content which are entirely owned by the Company. This includes the design, appearance, layout and the graphics. The Company shall have complete proprietary rights to these materials. Accordingly, it is prohibited to reproduce such materials which shall be a gross violation of the applicable copyright laws of the state.
The Company does not grant any express or implied right to the Business under any trademarks, copyrights or any other intellectual property connected with this website. Using the same without the Company’s permission shall be violation of applicable laws and entitle the Company to damages.
The Company may, if required, request the Business’ permission to use its data for professional purposes. However, the Company shall be fully committed in ensuring that the information provided to it is fully secure. It has the necessary checks and balances in place to prevent and unauthorized disclosure of such information.
TRADEMARKS AND COPYRIGHTS
All the content and information which is made available through the website and the Directory, such as graphics, texts, button icons, logos, images, audio clips, data compilations, digital downloads and the software is the sole property of the Company. The same is also copyrighted and trademarked under the relevant applicable laws. The Business agrees that all intellectual property rights and proprietary rights vests solely in the Company.
The Business hereby agrees to defend, indemnify and hold harmless the Company from all damages, expenses and claims arising out of or which are in connection with the utilization of the Directory and are as a result of the Business’ negligence or breach of this Agreement.
LIMITATION OF LIABILITY
The Company shall not be liable for any loss, damage or injury caused to the Business as a result of using Community Success or be listed in the Directory, in any manner whatsoever.
All materials, information and content are made available to the Business on an as is and available basis. The Company disclaims all express and implied warranties, including but not limited to, implied warranties of fitness for a particular purpose. The Company does not warrant that the information, content, materials and services made available to the Business are free from all viruses or other harmful components. The Company shall not be liable for any damages of any kind which arises from the use of Community Success.
In no event whatsoever, the Company, its subsidiaries, affiliates, partners, subcontractors, licensors, employees, directors and/or agents be liable to the Business or any third party for direct, indirect, exemplary, special, consequential, punitive, incidental or any other kind of damages, claims, injuries or losses which arise directly or indirectly from the use of this website or any other products or services which are distributed through this website, irrespective of whether such damage is due to the result of errors, defects, viruses, interruptions or delays in the website.
The Business hereby undertakes that neither the Company nor any person acting directly or indirectly on his/her behalf shall at any time, whether in public or in private, make, imply, insinuate, state or express any negative, false, defamatory, derogatory or disparaging remark, comment, opinion or statement in respect of the Company or its services, products (including the Directory), clients, officers, employees or agents.
The Business shall take no action which is intended, or would reasonably be expected, to harm the Company or its services, products (including the Directory), clients, officers, employees or agents, or harm the reputation of any of the foregoing or which would reasonably be expected to lead to unwanted or unfavorable publicity for any of the foregoing.
EXCLUSION OF LIABILITY
The Company shall not be liable for any loss, damage or injury caused to the Business or its subcontractors, personnel, suppliers and employees and any other persons or organizations performing services on its behalf, caused due to any reason whatsoever.
Nothing contained herein shall be deemed or constructed by either Party hereto or any third party to create any rights, obligations or interests in any third party, or to create any association, partnership, joint venture, the relationship of a principal and agent, the relationship of an employer and employee, or any fiduciary relationship of any kind between the Parties hereto. It is hereby agreed that all obligations performed under this Agreement by the Company are as an independent contractor of the Business.
The Company is not a lawyer, accountant, psychiatrists, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive or any other professional. The Business understands that the services provided by the Company through Community Success is for the purposes of connecting the Business to a wide range of customers. However, the Company in no manner whatsoever guarantees absolute results or that the sales of the Business will increase. The Business shall not hold the Company responsible for not gaining anything monetarily as a result of being listed on the Directory.
If a Party becomes unable to Perform its respective part of obligation under this Agreement due to any act of God, riot, strike, lock-out, trade dispute, accident, blockade, explosion, government restraint, government disapproval, non granting or revocation of permits or licenses or allocations, or any other cause, whether of the kind described herein above or otherwise, whose occurrence or continuance are beyond reasonable control of such Party and cannot be prevented, avoided or removed despite the exercise of reasonable diligence, such affected Party shall immediately notify the other Party of its inability to perform. If such inability continues for 30 days, provided the affected Party has taken all possible and reasonable measures to restore its part of performance, nothing shall restrain the Parties to terminate this Agreement.
This Agreement shall be governed and construed in accordance with the laws of [please insert which laws will govern this Agreement]. The courts of [please insert jurisdiction] shall have exclusive jurisdiction to resolve dispute arising under this Agreement.
However, if a dispute occurs between the Parties, they shall take reasonable efforts to resolve the same in an amicable manner. The same shall be done through negotiations between the Parties.
This Agreement shall constitute the entire agreement and understanding amongst the Parties hereto and supersedes all prior correspondence in this regard.
A waiver of any provision of this Agreement or of any breach thereof by either Party hereto shall not be deemed a waiver of any repetition of such breach or a waiver of compliance with a term or condition or in any way affect any other terms or conditions hereof, unless signed by the Party giving such waiver.
The failure of either Party to enforce any of the provisions of this Agreement shall not be construed to be a waiver of such provisions nor of the right of the given Party thereafter to enforce each and every such provision.
This Agreement and all of its provisions are binding on and inure to the benefit of the Company and the Business and their respective successors and permitted assigns, but neither this Agreement nor any of the rights, interests, or obligations hereunder may be assigned by either Party without the prior written consent of the other.
In case any provision in these Agreement are rendered invalid, illegal or unenforceable for any reason whatsoever, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.