SERVICE PROVIDER TERMS AND CONDITIONS
BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE AN OFFICIAL EMPLOYEE OF THE COMPANY WANTING TO LIST ITS SERVICES AT THIS WEB SITE AND THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS) AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
ADK Project Resource Group, LLC (hereafter referred to as “ADK”) reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time. ADK is the publisher of the on-line and hard-copy versions of The Product Safety & Recall Directory (hereafter referred to as the Directory). Companies or individuals wanting to list their services in The Product Safety & Recall Directory on-line and hard copy editions are hereafter referred to as “service providers.”
DESCRIPTION OF ADK’S THE PRODUCT SAFETY & RECALL DIRECTORY
ADK’s Directory is a fee-based service provided by ADK to display your listing information for inclusion in ADK’s main on-line and hard copy directory of product safety service providers located at www.adksafetyinfo.com. Inclusion in the Directory is not guaranteed. By completing the registration and payment for a service provider listing, you will have your listing appear in one edition of the hard copy of the Directory, and 12 months of display in the on-line version of the Directory located at www.adksafetyinfo.com.
In order for ADK to consider your listing for inclusion in the Directory, you must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the then current, applicable NON-REFUNDABLE fee for initial consideration for ADK’s The Product Safety & Recall Directory. If your listing is included, you agree that after one year, your credit card will be charged the Recurring Annual Fee for further review and continued inclusion in the Directory. ADK, reserves the right to remove your listing if it fails to meet the minimum criteria .
The current fee for ADK standard listing for a single service provider to be included in one of the Directory’s categories is a NON-REFUNDABLE fee of USD 95. Service providers that want to list their companies in additional categories must pay a non-refundable fee of USD 95 for each additional category they want to appear in. Service providers wanting to list multiple locations should contact ADK directly for specific rates. Payment of these fees will entitle the service provider to listing its services in one edition of the hard copy Directory, and 12 months of display in the on-line version of the Directory, subject to any limitations which ADK determines are necessary to preserve the purpose and intent of the Directory. Your payment only guarantees that the Directory will display your listing upon completion of the registration process. ADK retains the right to review your listing and if it is felt to be inappropriate for inclusion in the Directory, you will be notified. If your listing is removed from the Directory you will receive a refund of any fee you paid based on a prorata determination of 365 days of display. IT IS THE APPLICANT'S RESPONSBILITY TO KEEP CREDIT CARD INFORMATION CURRENT.
NOTHING IN THIS AGREEMENT OBLIGATES ADK TO LIST, LINK TO, ACCEPT OR OTHERWISE DISPLAY YOUR LISTING ANYWHERE ON ADK’S HARD COPY OR ON-LINE VERSION OF THE DIRECTORY. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES ADK TO PLACE YOUR LISTING WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR COMPANY INFORMATION.
MINIMUM SITE CRITERIA
All listings submitted to ADK must meet the following minimum criteria:
• ADK’s on-line Directory is a Search Engine for companies that offer product safety program services to manufacturers, retailers, and importers. We accept submission from Official company representatives only. Listing information entered by non-company officials is not considered for display.
• The listing must not have inaccurate or objectionable content or should not malign any companies, individuals, or categories of individuals.;
• The company or individual service provider name, contact information, and description of services must be visible to any visitor to that site;
• The site include contact information so that a user or viewer will be able to contact the listing company to learn more about its products and services.
• The listing shall contain the same information for display in both the hard copy and on-line version of the Directory.
• All links on the site must work (and must link to relevant content);
• The listing must be in the English language (or have an English version available);
• The listing must support multiple browsers and capabilities (e.g., no Java-only sites);
• The listing must be up and running 24 hours a day, 7 days a week;
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND ADK, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING OR REJECTING A LISTING.
SELECTION AND LISTING
ADK reserves the right to decide whether, where, and how a listing is displayed in the Directory. If ADK accepts your listing for inclusion in the Directory, ADK will consider your preferences, but reserves the right to display your listing in any category or subcategory as ADK deems appropriate, in its sole discretion. Once ADK accepts a listing for inclusion in the Directory, that site shall be treated as any other listing in the Directory. ADK reserves the right not to include any specific keywords, comments, or annotations with the listing of a site in the Directory.
ADK also reserves the right, in its sole discretion, to remove your listing from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available from the service provider.
FEEDBACK
ADK reserves the right to contact the individual representing the service provider by email if, in its sole discretion, such contact is appropriate. Reasons for such contact may include incomplete listing information, claims that are not substantiated, inappropriate selection of listing category, or any other reason which may be appropriate in ADK’s judgment. If a listing is rejected, the service provider is entitled to request one reconsideration, or appeal, of the listing at no additional charge by sending an email to the address provided by ADK. ADK must receive the appealing service provider’s email within thirty days from the date that ADK transmits the rejection email to the service provider. If the request is timely received, ADK will again review the appealing service provider’s listing and will then notify the service provider of its final decision regarding including the listing in the Directory. If ADK reaffirms its denial of the listing, no further appeals or submissions will be considered.
If ADK requests a change in the categorization or any listing information which in ADK’s judgment is appropriate, the service provider is entitled to request one reconsideration of the placement of the site, comment fields, title, etc, at no additional charge by sending an email to the address provided by ADK. ADK will again review the service provider’s listing and will then notify the company of its final decision regarding the site.
PARTICIPATION
If you wish to remove your listing from display in the on-line version of the Directory and/or the hard copy version of the Directory, you may do so by accessing your on-line account and deleting your listing. To confirm that your listing will not be included in the hard-copy edition of the Directory, you must send a notice to ADK. Please state that you wish to withdraw your listing from the Directory. To avoid your credit card being billed for the Recurring Annual Fee, requests for withdrawal must be received by ADK at least thirty (30) business days before the end of the year that you intend to be your last year of participation. The "end of the year" is defined as 365 days from the date that your listing was added to the on-line version of the Directory as noted on the confirmation emailed to you at that time. Once ADK receives such notification from you, your participation in the Directory will cease and your listing will be removed from inclusion in the next hard copy edition of the Directory. Service providers may remove their on-line listing from display by going to their account management screen that is accessed with their exclusive password and user id. Service providers must notify ADK in accordance with the terms of this agreement if they want to remove the display listing in the hard copy version of the Directory to which they are or may be entitled. If a service provider requests that a listing be removed after thirty (30) days of display on the web site for which you have pre-paid the Recurring Annual Fee, you agree that ADK will not be required to refund any portion of such fee.
SERVICE PROVIDER PRIVACY
ADK maintains information about service provider on ADK-controlled servers, including but not limited to service provider's registration information. Service provider agrees that ADK may use such information in aggregate form for marketing or other promotional purposes. Service provider agrees that ADK may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of ADK or others; provided, however, that nothing in this section shall impose a duty on ADK to make any such disclosures. ADK may contact service provider regarding ADK’s Directory services using the service provider’s email address provided during the registration process (or as updated by service provider).
DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT 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, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
ADK, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, 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 INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF ADK IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM SERVICE PROVIDER'S USE OF OR INABILITY TO USE THIS SERVICE, ADK’S ACCEPTANCE OR REJECTION OF A LISTING, OR ADK’S CONTINUED LISTING IN THE DIRECTORY.
ADK’S LIABILITY TO SERVICE PROVIDER SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY SERVICE PROVIDER TO ADK UNDER THIS AGREEMENT.