Terms of Use

WCA Directory Listing Terms of Service

1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT

1.1 The WCA Directory Service ("WCA Directory" or the "Service"), owned and operated by Wireless Communication Alliance ("WCA") is provided to you ("you" or "Applicant") under the terms and conditions of this WCA Service Agreement (the "Agreement").

1.2 BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1.3 WCA reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often.

2.0 DESCRIPTION OF WCA DIRECTORY FREE SERVICE

2.1 WCA Directory Free listing is a free service. By filling out the "request for listing form" you are requesting a free listing in the WCA directory (the "Directory"). Inclusion in the Directory is not guaranteed. Subject to the terms below, and in WCA's sole discretion, if your web site is accepted for inclusion in the Directory through WCA on or after September 1, 2008, then your web site's continued inclusion in the Directory will be subject to an additional review each year. When you submit through WCA Directory "request for listing", WCA's directory team will review your site for compliance with minimum site criteria (see section 3.0 below) and respond to your request for inclusion in the Directory on an expedited basis.

2.2 In order for WCA to consider your site for inclusion as a free listing the Directory, you must supply the information requested in the "request for listing form". If your site is included, you agree that each year, your site will be subject to an additional review for minimum site criteria. WCA reserves the right to remove your site from the Directory for any reason, in our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below.

2.5 NOTHING IN THIS AGREEMENT OBLIGATES WCA TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE ANYWHERE ON WCA OR IN THE DIRECTORY. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES WCA TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.

2.7 YOUR REPRESENTATIONS REGARDING YOUR SITE

You represent and warrant that the site you are submitting for consideration does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the site submitted for consideration comply with all applicable laws and regulations.

3.0 DESCRIPTION OF WCA DIRECTORY PREIMUM SERVICE - IF YOU HAVE ELECTED A PREIMUM LISTING, THEN THE TERMS OF SECTION 3 ARE APPLICABLE. THESE TERMS DO NOT APPLY TO THE FREE LISTING.

3.1 WCA Directory Premium listing is a for fee service. When you fill out the "request for listing form" you are provided with the option of requesting information on the Premium service. Information about the premium service will be sent.

3.2 payment, etc. - tbe

4.0 MINIMUM SITE CRITERIA

4.1 All web sites submitted to WCA Directory Submit must meet the following minimum criteria:

If the site is a commercial web site, the official business name must be visible to any visitor to that site;

The site must clearly define its purpose, products, and/or services;

The site may not appear in the Directory under a different URL;

If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site;

The site must not contain any parts under construction;

All links on the site must function properly;

The site must be in the English language (or have an English version available);

The site must support multiple browsers and capabilities (e.g., no Java-only sites);

The site must be up and running 24 hours a day, 7 days a week;

The site must not be dedicated to directing the user to another page;

The page may not give the search engine different content than what the end-user sees.

THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND WCA, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A SITE.

5.0 SELECTION AND LISTING OF SITES

5.1 WCA reserves the right to decide whether, where, and how a site is listed in the Directory. If WCA accepts your site for inclusion in the Directory, WCA will consider your preferences, but reserves the right to list your site in any category or subcategory as WCA deems appropriate, in its sole discretion. WCA reserves the right not to include any specific keywords, comments, or annotations with the listing of a site in the Directory.

5.2 WCA also reserves the right, in its sole discretion, to remove your site 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 on the site. Please note: WCA Directory does not accept listings for online gambling sites and prescription drug sites. Online gambling sites are those that have gambling as their central theme, including those that accept wagers or require payment in exchange for the chance to win prizes, as well as sites that offer both information and links related primarily to the promotion of online gambling. Prescription drug sites are those that sell prescription drug products, as well as sites that offer information or links related primarily to the sale of prescription drugs.

6.0 FEEDBACK

6.1 WCA will contact Applicant by email describing whether the site has been accepted or rejected. If the site is rejected, Applicant is entitled to request one reconsideration, or appeal, of the site by sending an email to the address provided by WCA. WCA must receive the Applicant's email within thirty days from the date that WCA transmits the rejection email to the Applicant. If the request is timely received, WCA will again review the Applicant's site and will then notify Applicant of its final decision regarding including the site in the Directory. If WCA reaffirms its denial of the site, no further appeals or submissions will be considered.

6.2 If WCA accepts a suggested site for a free listing, Applicant will be give access to a webpage where the Applicant can make modifications to various field. All changes made by the Applicant are subject to review by WCA. If changes are made that, in WCA's sole opinion significantly change the Applicants directory information from what the WCA has previously approved, WCA may deactivate the Applicant's free listing.

6.3 If WCA accepts a suggested site for a free listing and the Applicant applies for a premium listing, the WCA, working with the Applicant will develop Premium content for the Applicant. This service is a fee based service on an annual basis. The Applicant will NOT have access to the content of for the premium listing, but will continue to have access to the underlying free listing.

6.4 Billing for Premium listing - being developed

7.0 TERMINATION

7.1 If you wish to terminate participation in the WCA Directory Submit program, you must send a notice to Yahoo as set forth in Section 11,"Notices," below. Please state that you wish to terminate your site's inclusion in the WCA Directory and from WCA Directory Submit. To avoid your credit card being billed for the Recurring Annual Fee, requests for termination must be received by WCA at least five (5) 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 web site was added to the WCA Directory as noted on the confirmation emailed to you at that time. Once WCA receives such notification from you, your participation in the WCA Directory Submit program will cease and your listing will be removed at the end of the year. If you request that your listing be removed before the end of a year for which you have pre-paid the Recurring Annual Fee, you agree that WCA will not be required to refund any portion of such fee.

8.0 APPLICANT PRIVACY

8.1 WCA maintains information about Applicant on WCA servers, including but not limited to Applicant's registration information. Applicant agrees that WCA may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that WCA 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 WCA or others; provided, however, that nothing in this section shall impose a duty on WCA to make any such disclosures.

8.2 WCA may contact Applicant regarding WCA Directory Submit using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from WCA's advertisers.

9.0 INDEMNITY

Applicant agrees to indemnify, defend and hold harmless WCA, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to 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. WCA reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.

10.0 DISCLAIMER OF WARRANTIES AND LIABILITIES

10.1 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.

10.2 WCA, AND ITS PARENTS, 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 GOOD WILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF WCA IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, WCA'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR WCA'S CONTINUED LISTING OF A SITE IN THE DIRECTORY.

10.3 WCA'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO WCA UNDER THIS AGREEMENT.

11.0 FORCE MAJEURE

11.1 WCA is not 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.

12.0 NOTICES

12.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to WCA, such notices shall be addressed to accounts@wca.org. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Yahoo is notified of any changes to Applicant's address as specified in this Section.

13.0 ENTIRE AGREEMENT

13.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the WCA Terms of Service and the WCA Privacy Policy.

14.0 GENERAL

14.1 The Agreement and the relationship between Applicant and WCA are governed by the laws of the state of California, U.S.A., without regard to that state's conflict of laws rules. Applicant and WCA hereby submit to the personal and exclusive jurisdiction of the Superior Court of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California for the resolution of disputes arising from or in connection with this Agreement. WCA's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found 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 statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of Goods does not apply to this Agreement. Applicant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or to the Agreement must be filed in the Superior Court of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California within one (1) calendar year after such claim or cause of action arose or be forever barred.

14.2 The section titles in the Agreement are for convenience only and have no legal or contractual effect.