THIS DIRECTORY AGREEMENT (the “Agreement”) is made between DOES Co. (“DOES”) and you as the acknowledging party (the “Customer”). Customer agrees to enter into an Agreement in accordance with the referenced terms and conditions set forth below for marketing services:
The list of features offered to Customers will vary by package. Features can be found here and are subject to change at any time without notification.
Payments vary by package. Package pricing, and payment schedule, can be found here. Customers are automatically locked into a rate for twelve months. After twelve months, prices are subject to change without notification. Premium and Premium+ Directory listings are renewed automatically every twelve months until cancelled by the Customer. There is no fee for Free accounts and they do not expire.
Currently, DOES offers payment for Directory Account memberships via Braintree, a division of PayPal, Inc. (Braintree) for payment processing. However, DOES may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check or by certain mobile payment providers. You authorize DOES to charge you for purchases through any payment method(s) you select when purchasing a Directory Account membership (the "Payment Method") and you agree to make payment using such Payment Method(s). We may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers.
In order to cancel service, you must contact us at http://company.does.co/contact, and select 'Directory Listings' as the reason for your message.
Customer may terminate this Agreement, with or without cause, with no penalty within the first 30 days of execution of this agreement. After 30 days, Customer may terminate this Agreement, with or without cause, with an early termination fee of $175 for Premium accounts, or $500 for Premium+ accounts. Customer may terminate yearly automatic renewal, with or without cause and without penalty, prior to the first payment. After the first payment, Customer may be subject to early termination fees. DOES reserves the right to terminate this Agreement for any reason, with or without cause, upon notice to Customer.
Customer hereby grants DOES non-exclusive rights to use Customer’s logo, advertising material and/or content that Customer provides to DOES. DOES reserves the right to edit, revise, reject, or delete any advertising or material presented by Customer. Customer agrees not to provide material which violates or infringes the rights of any third parties. Upon termination of this Agreement, DOES agrees to remove content and advertising materials that Customer provided from DOES, if applicable, within a reasonable time.
Customer warrants that its content and any technology, information or material distributed through DOES will not infringe or misappropriate any copyright, trademark, patent, trade secrets or privacy rights of any third parties, or otherwise violate this Agreement or any applicable law. Customer will defend, indemnify and hold DOES harmless from all liability and expense, including legal fees, arising from any claim to the contrary.
The content of this Agreement and any other confidential information must be treated as strictly confidential by the parties and may only be disclosed to any third parties where this is mandated by law.
Governing Law and Equitable Relief
This Agreement shall be governed and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania and Customer consents to the exclusive jurisdiction of the state courts and U.S. federal courts located there for any dispute arising out of this Agreement. Customer agrees that in the event of any breach or threatened breach by Customer, DOES may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect DOES against any such breach or threatened breach.
No Implied Waiver and Severability
Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.