Last updated on March 8, 2020.
THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
Acknowledgment & Acceptance of Agreement
Under this Agreement, Advertiser submits business listing(s) and/or link(s) to, its web site(s) for inclusion on one or more of Home James Enterprize LLC’s web site(s). The terms and conditions applicable are set forth below.
Inclusion of business details on a Home James Enterprize LLC site is sold on an inclusion basis according to the published advertising schedule of charges on the date of initial or renewal subscription. Home James Enterprize LLC may, in its sole discretion, change fees at any time.
Service Fees and Payment Terms
Directory listings are offered either free, business level, or premier level. Monthly or yearly subscriptions are available for paid levels. Directory listings are non-refundable upon purchase. Monthly business listings are charged monthly automatically until the request to cancel is obtained in writing at least 10 business days before the start of the next month. Paid annual subscriptions are non-refundable and auto-renewed unless the request to cancel is obtained in writing at least 10 business days before the start of the next annual period.
Display advertising is offered at various levels. Monthly or yearly subscriptions are available and all display advertising charges are non-refundable upon purchase. Monthly display advertising is charged monthly, with a 3-month minimum and renewed automatically until the request to cancel is obtained in writing at least 10 business days before the start of the next month, following the minimum 3-month period. After the 3-month minimum has passed, monthly display advertising may be canceled with a 10-business day notice. Paid annual subscriptions are non-refundable and auto-renewed unless the request to cancel is obtained in writing at least 30 business days prior to the start of the next annual period.
Following submission by Advertiser of any directory listing or display advertisement, Home James Enterprize LLC will review the submission to determine whether Advertiser's Business Listing entry and applicable web site are eligible for inclusion.
Declined or Late Payments: Home James Enterprize LLC will attempt to run a declined credit card 3 times to collect applicable charges before the listing or advertisement is considered suspended. Additional collection methods may be attempted. Any costs associated with the collection of charges due to a declined credit card will be charged to the Advertiser. Any charges which are past due by more than thirty (30) days shall bear interest at the rate of one percent (1%) per month or the maximum rate permitted by applicable law, whichever is less, and Advertiser shall reimburse Home James Enterprize LLC for any costs and fees (including attorneys' fees) incurred by Home James Enterprize LLC to collect any amount due hereunder.
Disputes: If Advertiser has any questions or objections regarding charges to its credit card, it must promptly (within 30 days) notify Home James Enterprize LLC in writing (including electronic mail) and make a reasonable and good faith effort to resolve its objection before it disputes the charge with the credit card processing company. Such notice must identify the amount in dispute and must provide in reasonable detail the basis for disagreement with any charges. If (a) Advertiser fails to comply with these requirements BEFORE filing a dispute with the credit card processing company, or (b) advertiser files a dispute with the credit card processing company that is not in good faith, Advertiser will be in material breach of this Agreement and Home James Enterprize LLC will be entitled to liquidated damages calculated as follows in addition to any equitable remedies available to it. Liquidated damages may include but not be limited to: all fees accrued up to the termination of this Agreement, plus attorney fees and costs, plus late fees on the foregoing at the legal rate of interest. For purposes of this paragraph, disputing payment because of the inability to pay or because of Advertiser's failure to submit a proper notice of non-renewal by the applicable date shall not be considered to be a good faith dispute.
Payment Method: To maintain a Listing or Advertising account with Home James Enterprize LLC, Advertiser must maintain a valid and acceptable credit card number on file. Advertiser's credit card will be charged upon submission and renewal of listing or advertisement service. Advertisers are generally required to pay for Listings by the credit card method.
Editorial Standards and Requirements
Advertiser's Listing entries are written by Home James Enterprize LLC, or written by Advertiser subject to Home James Enterprize LLC’ approval. Advertiser agrees to be bound by and follow the Home James Enterprize LLC editorial standards as described in Home James Enterprize LLC’ Editorial Guidelines. Advertiser's submissions to the Home James Enterprize LLC site will be subject to Home James Enterprize LLC editorial review, modification and/or removal in Home James Enterprize LLC’ sole discretion. Home James Enterprize LLC reserve the right, but not the obligation, to review Advertiser submissions.
ADVERTISER REPRESENTS AND WARRANTS THAT ITS LISTINGS, LINKS, AND SUBMISSIONS TO THE HOME JAMES ENTERPRIZE LLC SITE DO NOT, AND WILL NOT INCLUDE CONTENT, OR LINKS TO CONTENT, WHICH MAY RESULT IN A CLAIM AGAINST, OR CIVIL OR CRIMINAL LIABILITY TO, HOME JAMES ENTERPRIZE LLC OR THAT OTHERWISE VIOLATES APPLICABLE LAW OR THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FRAUDULENT, DECEPTIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ADULT-THEMED, INFRINGING OR THAT VIOLATES THE PRIVACY, PUBLICITY OR ANY OTHER RIGHT(S) OF A THIRD PARTY.
ADVERTISER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOME JAMES ENTERPRIZE LLC AND ITS AFFILIATES AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AGENTS, LICENSEES, AND EMPLOYEES, FROM AND AGAINST ALL THIRD PARTY CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES (COLLECTIVELY, 'LOSSES') THAT MAY AT ANY TIME BE INCURRED AS A RESULT OF ANY THIRD PARTY CLAIMS, SUITS OR PROCEEDINGS: (A) ARISING OUT OF ANY BREACH BY ADVERTISER OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; OR (B) ARISING FROM THE CONTENT OR SUBJECT MATTER OF ANY ADVERTISER LISTING, LINK, SUBMISSION OR CONTENT OF SITES TO WHICH VISITORS CAN LINK THROUGH ADVERTISER'S LINKS OR LISTINGS. HOME JAMES ENTERPRIZE LLC RETAINS COMPLETE EDITORIAL DISCRETION CONCERNING ALL LISTINGS AND LINKS, INCLUDING, WITHOUT LIMITATION, REGARDING THE SELECTION, PLACEMENT, KEYWORDS, TITLE, DESCRIPTIONS, AND MULTI LINKS.
Home James Enterprize LLC endeavors to protect the security of Advertiser's payment information during transmission by using Secure Sockets Layer ('SSL') when receiving payment information through the Home James Enterprize LLC website. The advertiser needs to protect against unauthorized access to your password and your computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser's account on Home James Enterprize LLC.
In connection with the Listing program, the Advertiser is required to submit registration information. Home James Enterprize LLC may use such information to contact advertisers regarding its listings and links. Home James Enterprize LLC may disclose such information to its third-party vendors and service providers in connection with conducting its business and providing and maintaining its site, and, also, in the good faith belief that such disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; or (c) protect the rights or interests of Home James Enterprize LLC, its affiliates or related parties. Notwithstanding anything to the contrary herein, Home James Enterprize LLC may transfer, sell or assign such information to third parties as a result of a merger, consolidation or combination of Home James Enterprize LLC with another entity.
Advertiser hereby grants to Home James Enterprize LLC a worldwide, limited, non-exclusive, non-transferable, royalty-free license to (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser's listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the 'Advertiser Marks'), for purposes of providing the services covered by this Agreement; and (ii) incorporate in Home James Enterprize LLC’ sites links provided by Advertiser as part of its listings and submissions.
NEITHER HOME JAMES ENTERPRIZE LLC NOR ITS SUPPLIERS OR VENDORS MAKE ANY WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. HOME JAMES ENTERPRIZE LLC OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, TERRORISM, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND HOME JAMES ENTERPRIZE LLC' REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT HOME JAMES ENTERPRIZE LLC' SITE IS OPERATED ON AN 'AS IS', 'AS AVAILABLE' BASIS, AND THAT NEITHER HOME JAMES ENTERPRIZE LLC NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL HOME JAMES ENTERPRIZE LLC OR ANY OF ITS SUPPLIERS, VENDORS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL HOME JAMES ENTERPRIZE LLC' LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO HOME JAMES ENTERPRIZE LLC BY ADVERTISER UNDER THIS AGREEMENT DURING THE THREE MONTHS BEFORE THE TIME THE APPLICABLE CLAIM ACCRUED.
In no event shall Advertiser collect, or cause or permit the collection of, any Personal Information (as defined below) from users of Home James Enterprize LLC’ site while such users are browsing or viewing Home James Enterprize LLC’ sites, or place any file or code, including cookies, on the personal computers of users of Home James Enterprize LLC’ sites while such users are browsing or viewing Home James Enterprize LLC’ sites. Home James Enterprize LLC’ privacy policies shall apply to users of Home James Enterprize LLC’ Web Site while users are browsing or viewing Home James Enterprize LLC’ site, and Advertiser shall comply with the same. Home James Enterprize LLC shall own all information relating to user access to Home James Enterprize LLC’ site, including, but not limited to, all personal information, demographic, and usage information gathered therefrom. 'Personal Information' includes an individual's name, address, e-mail address, age, date of birth, credit card or other financial information, or any other contact or personal information about an individual or from which the personal information about an individual can be derived.
Reservation of Rights
Advertiser agrees that Home James Enterprize LLC retain all right, title and interest in and to Home James Enterprize LLC’ technology, services, and other intellectual property rights. Advertiser agrees that it will not reproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided by Home James Enterprize LLC, except as explicitly provided herein or approved in advance in writing by Home James Enterprize LLC.
Home James Enterprize LLC provide all services with the best effort of knowing the listings, business owners, and advertisers are valid, trusted, and competent in their respective service areas as can reasonably be done within the luxury ground transportation arena. All data provided on any website of Home James Enterprize LLC are from verifiable sources believed to be accurate and trustworthy. Home James Enterprize LLC have no way of knowing absolutely that the services described by listers and advertisers are as presented. Any customer using information obtained from any source provided by Home James Enterprize LLC does so at their own risk, will, and only after having done their due diligence before engaging in business with any parties. Home James Enterprize LLC are not liable for any pain caused, monetary or otherwise by any service provider mentioned or displayed on any website of Home James Enterprize LLC. If at any time Home James Enterprize LLC become aware of ill behavior or activities that could cause harm to the greater good of the consumer public, Home James Enterprize LLC will investigate and act accordingly in the best interest of the luxury ground transportation public.
Home James Enterprize LLC reserves the right, in its sole discretion, to (i) remove Advertiser's Listing and/or cancel Advertiser's account for any reason or no reason; (ii) change the fees for Listing; (iii) change the procedures or rules for obtaining or maintaining a Listing; (iv) alter the content or other aspect of any Listing; and (v) discontinue Listing and/or the Home James Enterprize LLC Directory or website. Payment of Advertiser's fee will not guarantee that Advertiser's listing(s), link(s) and/or account will remain on the Home James Enterprize LLC Directory or website if Advertiser or Advertiser's listing is deemed to violate any term or condition of this Agreement. Upon any termination or expiration of this Agreement, Advertiser shall promptly pay Home James Enterprize LLC all money due hereunder.
Receipt times of all submissions, notices and other correspondences and transactions via the Home James Enterprize LLC site are measured based on receipt by Home James Enterprize LLC’ servers. This Agreement: (a) shall be governed by and construed by, the laws of the State of Iowa, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties concerning the subject matter hereof; and (c) shall supersede any other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder by Home James Enterprize LLC must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect. The exclusive venue for all disputes arising out of or related to this Agreement shall be the state and federal courts located in Polk County, Iowa, and each party hereby irrevocably consents thereto. Any rights or obligations hereunder may not be transferred or assigned by advertisers without the prior written consent of Home James Enterprize LLC. Home James Enterprize LLC may freely assign and delegate the Agreement and any of its rights and obligations hereunder.