Terms and Conditions Agreement

August 11, 2009

This terms and conditions agreement ("Agreement") is between you, the independent professional account holder (Member) and KKf Marketing LLC, doing business as www.HuffsList.com ("Huffs List"). By joining this web site as a Member you agree to be bound by this Agreement.

Huffs List is a subscription-based web site where Members showcase their business(es) as independent professionals.

Whereas the Huffs List web site provides:

An internet-based searchable directory of member listings by the services they offer,
An internet-based site where members create their own unique listings,
An internet-based site where members' marquee ads are randomly displayed,
An internet-based site where members can post articles and links to articles.

What is Permitted

The Member has the non-exclusive, non-transferable right to participate in Huffs List site as defined below in the Huffs List Member Account. Site Members retain ownership of any and all of their member site content. Ownership of Member content imported from a third-party site adheres to the terms and conditions of said third-party site.

What Is Not Permitted

Without limitation, web links, photos, music clips and video clips may not be:

Pornographic in nature — Huffs List reserves the right to monitor all site content. Any materials deemed pornographic by site auditors will be removed from the site and those members who post such materials will lose their membership and be removed from the site without recompense. Huff List management reserves the right to do this without warning.
Nudity in any form is not allowed. Management reserves the right remove any questionable images without warning. See paragraph 1 under Pornography.

Huffs List Member Account

The Member Account covers:

Publication on Huffs List of the Member's complete listing as defined by the Member.
Password protected access to My Account where the Member has complete control on what is listed.

Members are responsible for maintaining the confidentiality of their account password, if applicable, and they shall not distribute their access information or allow others to use this access information to gain access to this site.

Listing Subscription

As consideration for publication of the Member's complete listing on HuffsList.com, Member agrees to pay Huffs List all applicable subscription fees. All subscription fees are non-refundable. Failure to pay subscription fees will result in the Member's listing being removed from the public Huffs List directory. Member hereby expressly authorizes Huffs List to charge Member's credit card on the Renewal Date an amount equal to their current subscription fee. Huffs List is authorized to attempt automatic renewal(s) until successful. In the event Member changes its credit card information (e.g., credit card number or expiration date) or cancels the credit card on file with Huffs List, Member agrees to a) promptly advise Huffs List of the same and provide an updated credit card that can be charged by Huffs List. It is the Member's responsibility to update their credit card information.

Account Termination

Huffs List management may reserve the right to revoke authorization to display the Member listing on this site at any time. Either party can terminate membership at will without cause, without notice, and without recourse. Either party can terminate if they are in default of the terms of this Agreement. All rights not specifically granted under this Agreement are reserved to Huffs List.

Remedy for Default

In the event of default of terms of this Agreement, Huffs List management will notify Members by email or in writing that there is a default, and give them a fixed period of time in which to remedy the situation. If the Member does not comply and remedy the situation within the stated time period, then Memberâ€™s listing being removed from the public Huffs List directory (see Effect of Termination).

Effect of Termination

If a membership is terminated, you agree that (i) your profile, photos, music clips, links, resume, and PDFs will immediately become unavailable over the Huffs List site without recourse, (ii) you agree not to employ software to "crawl" or search our web site and/or retrieve photos, music clips, video clips or related information. Your use of this site shall comply with all applicable law.

Inappropriate Content and Site Accuracy

Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. You should be aware that any search may display content that may seem inappropriate, or text that could be potentially offensive.

External Links

As a convenience, our site may link to other sites that may be of interest to Huffs List's users but are not under Huffs List's control. These links do not imply endorsement by Huffs List and we are not responsible for the availability of or the content contained in any linked site.

Huffs List site may contain or use technology that provides Huffs List and its affiliates with information regarding your use of this site, or which permits Huffs List to audit your compliance with this Agreement via the use of software designed to track and identify media. Please consult Huffs List Privacy Policy for specific information on Huffs List policies for use of your personal information.

Children

Children (persons under the age of 18) are not eligible to use this site unsupervised, and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Indemnification

You agree to indemnify, defend, and hold harmless Huffs List against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site in any manner different than its intended use, (3) any jobs found through this site either alone or in combination with any other material, (4) your failure to abide by any restriction regarding the use of this site, or (5) any claim by a third party related to the use, hiring, and/ contracting of any lister's services found on this site, alone or in combination with any other material.

Limitation of Liability

HUFFS LIST PROVIDES YOU WITH ITS SITE ON AN "AS IS" BASIS. HUFFS LIST MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING ANY LISTER, ITS SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER HUFFS LIST, HUFFSLIST.COM, NOR ANY HUFFSLIST.COM AFFILIATE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF ANY LISTER FOUND THROUGH HUFFS LIST, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL HUFFS LIST'S OR HUFFSLIST.COM'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY LISTING PROVIDED HEREUNDER EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU FOR MEMBERSHIP, OR (2) $120.

Choice of Law / Jurisdiction / Attorneys' Fees

Any dispute regarding this Agreement shall be governed by the laws of the State of Colorado and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in Colorado, USA. Arbitration. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language.

In any dispute between Huffs List and you, Huffs List shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you.

No Waiver / Severability

No action of Huffs List or HuffsList.com, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Acknowledgements

You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire Agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement.

Huffs List reserves the right to change this Agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use. Account holders will be notified of changes as they occur.