Consumer beware! If you are contacted by Real Estate Online Yellow Pages to advertise on their website, http://www.localrealestateyellowpages.com/ , make sure you read their "Terms and Conditions" BEFORE you agree to anything.
Even though I NEVER agreed to their Terms and Conditions, this company still wouldn't refund my money and told me to contact my credit card company if I wanted my money back. Of course, I did just that and I received a full credit to my account after completing a complaint and initiating a charge back against this company.
I also filed a complaint with the Better Business Bureau, I'll let you know how that turns out.
Check out their Terms & Conditions below:
Terms & Conditions
Local Real Estate Yellow Pages Advertising Terms and Conditions
These Terms and Conditions and the Insertion Order constitute the entire agreement ("Agreement") between DYP LLC (the "Company") and the advertiser identified in the applicable Insertion Order (the "Advertiser") in connection with the Advertiser's purchase of the advertising services identified in the Insertion Order. This Agreement is subject to: (i) the Advertising Terms and Conditions as set forth at www.[Local Real Estate Yellow Pages]\Terms; and, (ii) Company's publication deadlines, policies and procedures, all as amended by Company from time to time and posted at the aforementioned website.
Authorization for Charges. By placing the order, the Advertiser or other authorized party thereby authorizes DYP LLC to charge the Credit/Debit card, electronic check or other means of payment listed in the Insertion Order for the Total Amount Due described above. This authorization shall include all amounts due on any renewals of this Agreement and the authorization will remain in effect until revoked by written notice from cardholder. Furthermore, by signing below, Advertiser and authorized party understand and agree that this charge and any future charges are valid and release DYP LLC and any of its affiliates from any future charge backs.
Term, Renewals and Non-Renewal. The Agreement is for a term of one year (the "Term") commencing on the First Insertion Date written above. The Term automatically renews for additional Terms of 12 months unless either party gives the other party written notice of its intent not to renew at least 60 days before the expiration of the then current Term. Notice of non-renewal by Advertiser must be in writing and sent certified mail to DLP LLC at the address listed above. Notice of non-renewals will not be accepted by fax, by phone or by e-mail. Notification of non-renewal will not be accepted any earlier than 90 days prior to the expiration of the of the initial Term. For each renewal Term, the charges stated in the Insertion Order shall apply unless Company gives Advertiser notice of an increase in charges. On each renewal, DLP LLC may review and update the ad's design, layout, formatting, placement and/or text and on each renewal a an additional processing fee will be charged. The total charges for each renewal of each City Ad is i) $750 design and processing fee, plus ii) $49.99 12 month web hosting fee for a total of $799.99, plus other extra cities and line ads set forth in the Insertion Order.
Uses; Partner Sites. Advertiser agrees that Advertiser's ads may be placed on any site owned or operated by Company (or its affiliates)(a "Company Web Site") or on any site owned by a third party (a "Partner") with which Company has an agreement to place ads ("Partner Site"). Advertiser agrees to direct all communications to Company regarding ad(s) on any Partner Site and not to communicate with any Partner unless directed to do so by Company. Company may terminate or enter into Partner agreements as Company shall determine.
Display of Ad. Company agrees to display the ads described in the Insertion Order during the Term, as defined below. Company is only responsible for providing the ad display described in the Insertion Order and for providing no other services. Company makes no written, oral or implied guarantee regarding the levels of impressions or clicks for any ad. Company may offer the same ad to more than one advertiser in the same or other lines of business. Advertiser may not receive any impressions for its ad(s) if for a given advertisement there are more advertisers than available display positions. There is no guaranteed placement or ranking for any ad. From time to time, Company may change the location or placement of an ad at its sole discretion without notice to Advertiser. All ads are subject to Company's and Partner's policies and ads may be modified without Advertiser's consent to comply with such policies. Company and/or the Partners reserve the right to, and in its sole discretion may, at any time review, reject, modify, or remove any ad. No liability of Company and/or any Partner shall result from any such actions. Advertiser hereby grants a non-exclusive license to Company for all copyrights and ownership rights in any ad of Advertiser submitted for display, including the right to publish, reproduce, display, adapt, transmit, or produce derivative works in any medium, including any digital electronic medium.
Ad Content and Design. Advertiser is solely responsible for providing and updating the content of all of its ads displayed, including URL links and Advertiser's information. If any information in any ad is incorrect, Advertiser must either correct the information or notify Company within 48 hours of its initial publication or such ad will be deemed by Company to be correct and accepted by Advertiser. Company reserves the right to revise, alter or reject any ad for any reason whatsoever, or to omit ads without notice. Company may cancel any ad at its sole discretion, even if previously accepted for display. Company will not be liable, and will not provide free additional advertising time for Advertiser's failure or delay in providing required information. Advertiser is solely responsible for any legal liability arising out of or relating to (1) the ad, and/or (2) any material to which users can link through the ad. Each ad may only refer to one advertiser and one type of business.
Prohibited Uses. Advertiser shall not use Company's services (i) to generate fraudulent impressions of or fraudulent clicks on Advertiser's ad(s) or third-party ad(s), including but not limited to using robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software; (ii) to advertise substances, services, products or materials that are illegal in any state or country where the ad is displayed; (iii) in any way that violates any policy posted on the Company Web Site, as revised from time to time; or (iv) to engage in any other misleading, illegal or fraudulent business practice under the laws of any state or country where the ad is displayed.
Termination; Cancellation. If Advertiser breaches this Agreement, Company may, in its sole determination: (i) terminate this Agreement; or (ii) or suspend or cancel any ad(s). Company will notify Advertiser by email of any such termination or cancellation, which shall be effective immediately. Company will not pay refunds or issue credits for any reason.
Notice. Any notice to be given by either by personal delivery in writing. Unless indicated otherwise, notices must be given by certified mail, postage prepaid, with return receipt requested. If addressed to Company, to the address on the Insertion Order. If addressed to Advertiser, to the address given in the Insertion Order. Notice shall be deemed to be given when receipted or refused in the U.S. Mail. Each party may change the address to which notice may be sent by similar written notice given five days in advance to the other party in the aforesaid manner.
No Warranty. COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Liability; Force Majeure. In no event shall Company or any Partner be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of Advertiser, Partner, or any third parties (if any). IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. COMPANY'S AGGREGATE LIABILITY TO ADVERTISER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO COMPANY BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
Administrative Costs. In the event that a dispute is filed with Advertiser's credit card company or bank for any reason, Advertiser will pay Company a fee of one hundred dollars per each dispute to reimburse Company for its administrative costs associated with processing the dispute.
Payment. Advertiser agrees to pay all applicable charges under this Agreement in full on or before the beginning of each Term, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify Company in writing within 30 days from the date of any such charge and if no notice is received by Company within said 30 day period then all such charges shall be deemed to be correct and Advertiser waives any claim relating to any such disputed charge. If Advertiser fails to pay any amount when due, then (i) all delinquent amounts shall bear interest until paid in full at the highest rate allowed by law; and, (ii) Advertiser shall pay Company all costs associated with collection, including but not limited to, collection costs, investigative costs, court costs and a reasonable attorney's fee.
Representations and Warranties. Advertiser represents and warrants that (a) all of the information provided by Advertiser to Company is correct and current; (b) Advertiser has all rights, licenses or other permissions that are reasonable or necessary to permit Company and any Partner(s) to use, reproduce, display, transmit and distribute Advertiser's ad(s) without infringing or violating the rights of any third parties; (c) Advertiser's ads are not false, misleading, defamatory, libelous, slanderous or threatening; and (d) Company and any Partner(s) display of Advertiser's ads, and any site(s) linked to such ads, and products or services to which users are directed as a result of such ad, will not, in any state or country where the ad is displayed (i) violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights or rights relating to the performance of music; or (ii) encourage conduct that would violate any criminal or civil law. Advertiser further represents and warrants that any web site linked to Advertiser's ad(s) is also in compliance with the Advertiser's representations and warranties in this Agreement.
Indemnity. Advertiser agrees to indemnify, defend and hold Company, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Advertiser's display of an ad, Advertiser's web site, and/or Advertiser's breach of any term of this Agreement. Advertiser understands and agrees that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary of this Agreement.
Miscellaneous. This Agreement shall be governed by the substantive laws of the State of Florida, except for its conflicts of laws principles. In the event of any dispute, the parties irrevocably agree to exclusively submit to the jurisdiction of a court of competent jurisdiction located in Broward County, Florida. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. Advertiser may not resell, assign, or transfer any of its rights hereunder. Notwithstanding the expiration or termination of this Agreement, and except for the Advertiser's obligation to pay charges for the services during the Term, the remainder of this Agreement shall survive the termination or expiration of the Term.