Terms of Service

Last Updated November 19, 2009

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. The Ziffen.com website is a service owned and operated by Ziffen, LLC. (collectively, "Ziffen," “Ziffen Local,” "we" or "us"). This Terms of Service Agreement (the "Terms of Service" or "Agreement") contains the terms and conditions applicable to your access and use of the Ziffen.com website and services (collectively, the "Website"), whether accessed via the Internet, wirelessly or through any other method. When you use the Site, you accept the Terms of Service; if you do not agree to the Terms of Service you may not use the Site. For your convenience, the date of last revision is included near the top of this page. Ziffen, LLC reserves the right to modify content on the Site and these Terms of Service periodically without prior notice.

1. Permitted Uses
You may view, download, and print content from the Website subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of Ziffen, LLC.

So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by Ziffen, LLC, you are permitted to view and use the Website solely for your own use; provided, however, that you may not duplicate, publish, modify, distribute or create derivative works from any content located on the Website unless expressly authorized by Ziffen, LLC in writing.

You further agree that you will not collect any information from or through the Website using any automated means, including without limitation any script, spider, "screen scraping," or "database scraping" application(s).

2. Indemnity
You agree to indemnify and hold Ziffen, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Website you submit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

3. Copyright Information
The Website and the content within the Website are the property of Ziffen, LLC or its suppliers and are protected by United States copyright laws and international treaty provisions.

4. Password and Security
You may receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Ziffen, LLC of any unauthorized use of your password or account or any other breach of security, and (b) log out of your account at the end of each session. Ziffen, LLC is not liable for any loss or damage arising from your failure to follow these instructions.

5. Hyperlinks, Third Party Web Sites and Search Results
The Site may provide hyperlinks to third party websites or access to third party content. Ziffen, LLC does not control, endorse, or guarantee content found in such sites. You agree that Ziffen, LLC is not responsible for any content, associated links, resources, or services associated with a third party site. Such links do not imply Ziffen, LLC endorsement of information or material on any other site and Ziffen, LLC disclaims all liability with regard to your access to and use of such linked websites.

The Website may provide search results that include third party content, including references to third party goods or services. You acknowledge and agree that such third party content belongs to Ziffen, LLC advertisers, and that Ziffen, LLC has no control over such content or the information contained therein.

6. Terms of Business Listing & Modifications
Ziffen.com, gives business owners the opportunity to add and edit important and helpful information related to their company. While we encourage business owners to regularly update their listing and provide information, we ask that in order to edit any business listing, you follow these guidelines; (a) Create a user account and follow the sign up process to create a new listing or edit an existing listing. Upon creating a user account, it is required that you provide accurate personal contact information within your account and do not provide information that falsely identifies you in any way. (b) It is required that you do not falsely identify yourself as the rightful owner of any business that is not truly under your ownership. You must submit valid and correct owner information with your business listing. Ziffen, LLC reserves the right to deactivate and remove any business listing or account due to fraud or false ownership representation. (c) Read all information to insure that it is accurate and to make sure that it is fully descriptive of your business. Any misleading or incorrect information may be subject to immediate removal. (d) Do not post any content that is illegal, obscene, threatening, defamatory, infringing of intellectual property rights, or otherwise objectionable to any party. Ziffen, LLC has the right, but not the duty or obligation (and Ziffen, LLC does not assume any duty or obligation), to monitor any activity, review, or listing information posted to its Website. (e) Ziffen, LLC reserves the right to edit titles and descriptions, and move business listings from page to page, city to city and category to category. (f) I understand that my Premium Listing may not appear on the city main page and instead may be added to a secondary page within that city and/or category. (g) Additional Products and URL's must be from the same domain name. (h) I understand that editors, in their sole and final judgment, shall determine the suitability, placement, title and description of all businesses listed in the Ziffen.com. (i) I understand that there is NO guarantee that my business will be added to Ziffen.com.

7. Pricing
We reserve the right to modify or change the pricing of packages at our discretion. Discount codes may also be offered as an incentive to purchase. Use of any discount code must abide by the instructions provided upon its receipt from Ziffen, LLC. We reserve the right to reject any submitted discount code at any time at our sole discretion.

8. No Professional Advice
You acknowledge that Ziffen, LLC does not provide professional advice, and you agree that you will not use the Website as a substitute for or supplement to advice from a qualified professional, whether they be a financial, legal or other professional.

9. Modifications to Site
Ziffen, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that Site Ziffen, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

10. Suspension and/or Termination
You agree that Ziffen, LLC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Website within the Service, for any reason, including, without limitation, if Ziffen, LLC believes that you have violated the TOS. Ziffen, LLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Ziffen, LLC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Ziffen, LLC shall not be liable to you or any third-party for any termination of your access to the Service.

11. Cancellation
We reserve the right to cancel any Business Listing at our sole discretion. To cancel your Business Listing, you must utilize the proper cancellation channel located within your Client Area. If the initial cancellation request was made within the first 3 days of the last billing date, your listing will be deactivated within 24 hours and you will receive a refund for the package amount for the current month. If the cancel request is initiated mid-billing cycle (past the 3 day period from your last billing date) then you will not receive a refund for that month's service fee. Upon a cancellation of a premium listing, the free basic listing will remain active.

12. Affiliate Program
Ziffen, LLC will track the referred sales from the Affiliates website to Ziffen.com, and will provide information to the Affiliate regarding their generated traffic and paid listings and we ask that you follow these guidelines; (a) Affiliates shall not send or cause to be sent any unsolicited email, including newsgroup postings, regarding Products or Services involving Ziffen.com. (b) We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions"). (c) The Affiliate agrees that End User shall be bound by the terms of the License Agreement accompanying each Product or Service. (d) Affiliates shall have no authority to modify in any way the terms of any License Agreement, nor to make any representations or warranties contrary to the License Agreements. (e) The Affiliate agrees to represent Ziffen.com to the best of its abilities and shall not directly or indirectly refer to Ziffen.com in any fashion that would be deemed derogatory or desultory. (f) The Affiliate will ensure that at all times they will promote and represent Ziffen.com services in a manner that will refer the maximum number of customers. (g) Affiliates are only eligible to earn referral fees on paid submissions occurring during the term of this agreement and are not eligible for commission to their own referrals from their own account. (h) Ziffen, LLC reserves the right to refuse Affiliates the right to promote Ziffen.com products or service without prior notice. (i) The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing 48 hours following such notice. (j) Affiliate commission payment; every account you refer needs to remain active for more than 30 days. We also require that a W-9 (US affiliates) or W8-BEN (international affiliates) tax form be submitted before we can send your payments. (k) Affiliate’s commission sale matures after a period of 30 days from the date of the referred customer’s paid submission. All payments to the Affiliate will be made once the total sum of all mature and valid commissions in the Affiliate’s account are greater than or equal to $100.00. All payments are made on or before the 15th of each applicable month via PayPal or by mailing a check to the Affiliate's address of record. (j) Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

13. Reviews
Ziffen.com allows users to submit reviews based on their own experiance with a specific company. Negative or positive reviews must be an accurate account of first-hand experience and must be written as objectively. Reviews must describe the events that took place that caused the bad experience, without editorial comments and opinions. You must agree to follow this policy and affirm that their review does meet the requirements above.

14. Copyright Complaints
Ziffen, LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures. If you believe that you hold a claim of copyright infringement against Ziffen, LLC, submit notice of your claim to the following:

Ziffen, LLC
700 E. Redlands Blvd
Ste U-294
Redlands, CA 92374

Attention: DCMA

Or via Contact Form located here.

15. Privacy Policy
We believe that your privacy and the privacy of all of our users is important. Please review our Privacy Policy. If you do not agree with our Privacy Policy, you may not use the Website.

16. Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZIFFEN, LLC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZIFFEN, LLC OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. NEITHER ZIFFEN, LLC NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.