Terms and Conditions

By clicking on the I agree to the Terms & Conditions box, you acknowledge your acceptance of these terms and conditions of service. Adzookie reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. As a result, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of these terms and conditions of service, as modified. By not clicking on the I agree to the Terms & Conditions box, you will not have any right to use our website and services. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Adzookie and shall be of no force or effect.

1. User Consent. You represent that you have read and agree to be bound by the terms and conditions ("TAC") for www.godialing.com. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TAC, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.

2. Privacy Policy. At the time you register to become a Registered User of the Site, you will be asked to complete a registration form which requires you provide information such as your name, address, phone/fax number, email address and other personal information as well as information about your business ("Registration Information.") GoDialing.com, Inc. respects and protects the privacy of the individuals that use GoDialing.com. Individually identifiable information about you is not released, sold, or disseminated to any third party. We use customer contact information from the registration form to send the user information about our company and some of our partners. may opt-out of receiving future mailings by writing remove@godialing.com

3. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TAC. You agree to use the Service solely for your own business use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Adzookie. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Adzookie and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Adzookie and such others. You agree to protect the proprietary rights of Adzookie and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Adzookie or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Adzookie in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT Adzookie PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF Adzookie COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF Adzookie. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF Adzookie TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH Adzookie's CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF ADZOOKIE'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE, INCLUDING THE LINKING AND FRAMING POLICY.

4. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.

5. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TAC. Should you choose to download content from the Service, you must do so in accordance with the TAC. Such download is licensed to you by Adzookie ONLY for your own personal, noncommercial use in accordance with the TAC and does not transfer any other rights to you.

6. Registration and Account Creation. During the registration process, you will select a email login address and Password. You are solely responsible for maintaining the confidentiality of your email login address and Password, and for all activities that occur under your email login address and password. You agree to (a) immediately notify Adzookie of any unauthorized use of your email login address or Password or any other breach of security, and (b) ensure that you properly exit the web site at the end of each session. You are solely responsible for all usage or activity on your Adzookie account, including but not limited to use of the account by any third party authorized by you to use your email login address and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Adzookie sole discretion, and Adzookie may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to myaccountgodialing.com. If you terminate your account or have your account terminated by Adzookie, your fees are nonrefundable. You are responsible for any additional charges incurred up to the time your account is terminated.

7. Disclaimer and Limitation of Liability. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Adzookie makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Adzookie does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that Adzookie, its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Adzookie, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Adzookie by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Adzookie. Adzookie is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. Adzookie does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. Adzookie is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Adzookie and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TAC. Adzookie does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. Adzookie reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.

8. No Guarantees or Representations Made Regarding Advertiser and Publisher and Information. Adzookie is a venue enabling advertisers to place advertisements on publisher websites. We make no guarantees or representations regarding the quality, safety or legality of the advertiser, publisher, advertisements being posted, the truth or accuracy of the advertisements, or the ability of the parties to fulfill their obligations in an agreement. Adzookie, it's owners, or employees make no guarantees or representations of any kind with respect to participating Advertisers and Publishers, including, but not limited to, the merchantability, fitness, or creditworthiness of same. Adzookie does not, and makes no claim either expressly or otherwise, to guarantee, verify, or otherwise testify to the merchantability or fitness of any and all advertisers, publishers or advertisments in the Adzookie Website, Since appearance on the Site is not an indication of creditworthiness, trustworthiness and acceptability, we encourage you to communicate directly with each user to help you evaluate the risks of proceeding with a transaction. In the event that you have a dispute with one or more users, you release Adzookie (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

9. Edit. Adzookie reserves the right to remove or edit any user or product at any time at their sole discretion. Users are not permitted to post email or website addresses in the fields entitled company name, company description, address, telephone, fax, product name, model number, product description, country of origin, minimum order amount, wholesale price, suggested retail, or terms. Adzookie reserves the right to edit, delete or suspend any user or product in violation.

10. Testimonials. Any unsolicited or solicited comments made regarding Adzookie services, it's owners, or employees via emails, telephone conversations, or during the registration process, may be used by Adzookie for promotional purposes. You grant Adzookie and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media. You also grant Adzookie and its affiliates and sublicensees the right to use the name that you submit with any comment, if any, in connection with such comment.

11. Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. Subscriber agrees that Company may offset any amount owed to Subscriber in Subscriber’s capacity as a publisher by any amount owed by Subscriber to Company in Subscriber’s capacity as an advertiser.

    If Subscriber is an advertiser: Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to Subscriber, which may be sent by email or posted on the Site. Amounts due shall be calculated solely based on records maintained by Company. No other measurements or statistics of any kind shall be accepted by Company or have any effect under this Agreement. Company reserves the right to suspend any advertisement in the event of non-payment by Subscriber of any amount owed to Company. Amounts that remain unpaid after their due date shall accrue late payment interest thereafter in the amount of 1.5% compounded monthly or the highest rate that is legally allowable under applicable law, whichever is less. In the event that Company institutes legal proceedings to collect any amount outstanding to Company, Subscriber shall be liable for any resulting collection costs (including reasonable attorneys’ fees). Subscriber agrees to pay all applicable taxes or charges imposed by any government entity in connection with Subscriber's use of the Services. Subscriber agrees that Company may apply any overpayment by Subscriber on one account to set-off an amount owing on another related account or to pay any amounts that are past due to Company for a period of 90 Days. Subscriber agrees to pay all sales, use and other applicable taxes or charges imposed by any government entity in connection with Subscriber's use of the Services.

    If Subscriber is a publisher: Subscriber shall receive as payment a percentage of the sale price of advertisements displayed in connection with Subscriber's website as determined by Company for Subscriber's use of the Services. Payments to Publisher shall be sent by Adzookie only if Publishers earned balance is greater than or equal to $25 USD (Twenty Five Dollars, US). If User's earned balance is less than $25 USD, no check shall be sent until the following calendar month, on the first day of which Company shall make the aforesaid determination anew. Subscriber's payable revenue shall be determined on the first day of each month, on which day those revenues accrued to Subscriber's account sixty (60) or more days earlier shall become eligible to be paid. Payments to Subscriber shall be sent by Company within approximately ten (10) days of the previous calendar month end, if Subscriber's earned balance is greater than or equal to Subscriber's minimum check amount. If Subscriber's earned balance is less than Subscriber's minimum check amount, no check shall be sent and the Company shall make the aforesaid determination anew on the first day of the following month. Subscriber agrees that (i) any payments that may become due to Subscriber (as described on the Site) are specifically conditioned upon Company's receipt of full payment from the applicable advertiser, and that any such payments do not become due to Subscriber until 60 days after Company's receipt of full payment from the applicable advertiser, and (ii) if Company does not receive the applicable payment in full from any such advertiser, or Company’s payment from advertiser is later reversed at any time, Company may debit Publisher’s account or reverse or stop payment on any payment previously made to Publisher in respect of such advertisements, and Company shall have no liability or responsibility to Subscriber (and Subscriber hereby releases Company) with respect thereto. If Subscriber disputes any payment made in connection with the Services, Subscriber must notify Company in writing within thirty (30) days of any such payment. Failure to so notify Company shall result in the waiver by Subscriber of any claims related to such disputed payment. Company shall not be liable for any payment based on (i) any fraudulent impressions, clicks or acquisitions generated by any person, robot, automated program or similar device, as reasonably determined by Company; (ii) advertisements delivered to end users whose browsers have JavaScript disabled; (iii) impressions clicks or acquisitions commingled with a significant number of fraudulent impressions clicks or acquisitions described in (i) above, (iv) any impressions, clicks or acquisitions that arise in whole or in part as a result of any violation of Company’s Publisher AUP (including any clicks, impressions or acquisitions that result from a publisher site that violates the Publisher AUP); or (v) any impressions, clicks or acquisitions that arise as a result of another breach of this Agreement by Subscriber for any applicable pay period. Company reserves the right to withhold payment or charge back Subscriber's account due to any of the foregoing or any breach of this Agreement by Subscriber. In addition, if Subscriber is past due on any payment to Company in connection with the Services (for example, from Subscriber’s use of the Services as an advertiser), Company reserves the right to withhold payment until all outstanding payments have been made. To ensure proper payment, Subscriber is solely responsible for providing and maintaining accurate contact and payment information associated with Subscriber's account and Company User ID. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have U.S. activities or a fully-completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Without limiting the generality of the foregoing, Publisher acknowledges and agrees that checks payable to Publisher that are not cashed within 180 days from the date of issuance will be cancelled by Company and will not be reissued, and in the event of such cancellation, Publisher irrevocably waives any right to payment of amounts represented by such checks. Subscriber agrees to pay all income taxes and other applicable taxes or charges imposed by any government entity in connection with Subscriber's use of the Services.

12. Refunds. If you are not fully satisfied with Adzookie or your advertising campaign, you may be eligible to receive a refund. Please contact Support through our Contact Us page and explain why you are unsatisfied. Adzookie will evaluate all refund inquiries. If a refund is approved, Adzookie will issue the refund in the form of an account credit. a)Ad not performing or drop off in clicks/impressions other than host site down b) ad statistics do not match third party analytics software c) advertiser's landing page is down d) advertiser misunderstanding about products, policies, or services e) advertiser did not pause systemwide ad f) advertiser unaware of flat rate ad recurrence.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Adzookie, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A Adzookie AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TAC, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Adzookie total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.

14. Representations and Warranties. The Service is only available to individuals or companies who can form legally binding contracts under applicable law. Thus, you must be at least 18 years of age to use our services. If you do not qualify, please do not use the Service. Adzookie may, in its sole discretion, refuse the Service to anyone at any time. The Service is not available to temporarily or indefinitely suspended Adzookie members.

15. Breach. In our sole discretion, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, and any other information you place on the site and reserve the right to pursue any other remedies that may be available to us if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.

16. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Adzookie and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Adzookie, its owners, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Adzookie, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, , or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TAC by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

17. Termination. Either you or Adzookie may terminate the TAC with or without cause at any time and effective immediately. You may terminate the TAC by discontinuing use of the Service and destroying all materials obtained from the Service. These TAC will terminate immediately without notice from Adzookie if you, in Adzookie sole discretion, fail to comply with any provision of these TAC. Upon termination by you or upon notice of termination by Adzookie, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through thirteen (2-13) and sixteen through eighteen (16-18) shall survive any termination of the TAC. Any fees paid to Adzookie are nonrefundable. Any monies owed to Adzookie at the time of termination must be paid within 10 days of termination.

18. Governing Law. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of California, U.S.A., without regard to provisions on the conflicts of laws. Buyer and Seller and Adzookie consent to the exclusive jurisdiction of, and venue in, the state and federal courts of Orange County, California, U.S.A. Buyer and Seller shall not assign its order or any interest therein or any rights thereunder without the prior written consent of Adzookie. These Terms constitute the entire agreement between Adzookie and Buyer and Seller and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between the Buyer and Seller and Adzookie with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and Seller and Adzookie. The failure by Adzookie to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.

19. Miscellaneous. Adzookie may amend this Agreement at any time by posting the amended terms on the Site. The amended terms shall automatically be effective 15 days after posting, unless an earlier effective date is posted. Use of the Site after the effective date of any amendment shall constitute acceptance of the amendment.

20. Severability. If any provision of the TAC is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TAC will remain in force.

21. Entire Agreement. The TAC and any other terms and conditions of service on www.godialing.com, and its successor, constitute the entire agreement between you and Adzookie and govern your use of the Service.