Terms and Conditions for Using the ListingCard System

The Terms of Use:

1. ACCEPTANCE OF TERMS

Welcome to the ListingCard.Net website!

This website ("Site") is a service of ListingCard.Net, a wholly owned subsidiary Turn Key Client Care, LLC., a California Limited Liability Corporation. Turn Key Client Care, LLC and ListingCard.Net provide its services to you subject to the following Terms and Conditions of Use ("Terms"). By accessing this Site on the Internet or World Wide Web and using this Site, you are agreeing to comply with and be bound by the Terms. In addition, when using particular Turn Key Client Care, LLC and ListingCard.Net services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms.

2. DESCRIPTION OF SERVICE

Turn Key Client Care, LLC sells paper products including Variable Data Postcard and Mailing Services (through Print Symphony), Listing Cards TM, Client Touchpoint Systems, flyers, and many other print marketing product on-line and one to one marketing. Specifically, ListingCard.Net offers custom online document creation and printing services relating to the printing, purchase and delivery of 'ListingCards' (collectively, the "Service"). Unless specifically stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms and Conditions.

3.1 Proprietary Rights.

The ListingCard.Net site contains information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Turn Key Client Care, LLC or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. ListingCard™ and Turn Key Client Care, LLC logos and product and service names are trademarks of Turn Key Client Care, LLC (the "Turn Key Client Care, LLC Marks"). You agree not to display or use the Turn Key Client Care, LLC Marks in any manner, without Turn Key Client Care, LLC's written permission. Please review Item 13 for further detail regarding Listing Card and ListingCard.Net Trademarks.

3.2 No Framing.

You agree not to "frame" or "mirror" any Content or third party content contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of Turn Key Client Care, LLC.

3.3 Online Conduct.

Your use of the Site is subject to applicable local, state, federal and International law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site (including by using any merchandise or the Services offered on or in connection with the Site). By way of example only, and not as a limitation, you specifically agree not to:

(a) upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable at ListingCard.Net's sole discretion;

(b) harm minors in any way;

(c) impersonate any person or entity, including, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(e) upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(h) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation the New York Stock Exchange, the American Stock Exchange or the NASDAQ.

3.4 Use of Content.

Turn Key Client Care, LLC grants permission to access and view the ListingCard.Net site. Any other use of the Site or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or the Content. Without limiting the foregoing, any unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.

4. DISCLAIMER.

THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LISTINGCARD.NET IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, LISTINGCARD.NET EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, LISTINGCARD.NET SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY LISTINGCARD.NET NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

5. LIMITATION OF LIABILITY.

YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER Turn Key Client Care, LLC NOR LISTINGCARD.NET NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM Turn Key Client Care, LLC., LISTINGCARD.NET ('THE SITE'), OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO LISTINGCARD.NET RECORDS OR THE SITE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.

6. INDEMNIFICATION.

YOU AGREE TO INDEMNIFY AND HOLD LISTINGCARD.NETLISTINGCARD.NET, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS AND CONDITIONS OF USAGE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

7. APPLICABLE LAW.

The Site (excluding linked sites, see Paragraph 7, below) is controlled by the management team at ListingCard.Net from its offices within the State of California, United States of America. Since it can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of California, by accessing the Site both you and ListingCard.Net agree that the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the site and its contents. ListingCard.Net makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on this site are solely directed to individuals, companies or other entities located in the United States. You and ListingCard.Net further agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of San San Diego County and the United States District Court for the Southern District of California with respect to any matters relating to the Services, the use of the Site and its Contents, or any transactions arising therefrom.

8. LINKS TO OTHER WEBSITES AND SERVICES.

The Site may from time to time contain links to other sites. The linked sites are not under the control of ListingCard.Net and ListingCard.Net is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. ListingCard.Net reserves the right to terminate any link or linking program at any time. ListingCard.Net is providing these links to you only as a convenience. ListingCard.Net does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

9. SECURITY RULES.

You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

10. SPECIAL LEGAL CONSIDERATIONS.

You must possess the legal right and ability to use the Site. Without limiting the foregoing, you agree to be financially responsible for any order(s) you place on or in connection with the Site. You also acknowledge that the Content may not be suitable for all visitors and you agree to comply with all applicable laws, rules and regulations concerning your access to and/or use of such portion(s) of the Site and/or the Content, including any internal rules regarding your access to and/or use of the Site (e.g. any applicable rules and or policies of your employer or Internet Service Provider). Not withstanding any other provision of the Terms to the contrary, ListingCard.Net reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by ListingCard.Net to law enforcement authorities or other relevant or related third parties. ListingCard.Net RESERVES THE RIGHT TO CHANGE THE FOREGOING TERMS AT ANY TIME BY POSTING CHANGES ON-LINE. YOU ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ON-LINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED VISITS, USE OF THE SERVICES AND/OR PURCHASE OF MERCHANDISE THROUGH THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED BY ANY POSTED CHANGES.

11. GENERAL.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of ListingCard.Net to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ListingCard.Net in writing. The Terms comprises the entire agreement between you and ListingCard.Net and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Site. If you violate these Terms, ListingCard.Net reserves the right to terminate Service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused Services, if applicable.

12. YOUR COPYRIGHTS.

ListingCard.Net respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this site or our services, please contact our agent for notice of claims of copyright infringement, our CFO, who can be reached at info@ListingCard.net, or at Turn Key Client Care, LLC., 2604-B El Camino Real, Carlsbad, CA 92008. You must provide our agent with the following information, which ListingCard.Net may then forward to the alleged infringer:

Describe the copyrighted work that you believe has been infringed; Identify the material on the ListingCard.Net site or other medium that you believe infringes your work, with enough detail so that we may locate it; Provide your address, telephone number, and email address; Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Declare under penalty of perjury that the information you have provided to us is accurate, and you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; Provide your physical or electronic signature. Upon receiving your complaint, ListingCard.Net may remove content that you believe infringes your copyright.

13. TRADEMARK.

LISTINGCARD.NET™ and ListingCard logos, product and service names including the phrase 'ListingCard' and 'Listing Card' are trademarks (serial number '78905622') of Turn Key Client Care, LLC (owner of the "ListingCard Marks"). You agree not to display or use the ListingCard Marks or the phrase Listing Card in any manner, without Turn Key Client Care, LLC's written permission. ListingCard.Net and Turn Key Client Care, LLC reserves the right in its sole discretion to terminate or modify permission to display the Logo, and may request that third parties modify or delete any use of the Logo that, in ListingCard.Net and Turn Key Client Care, LLC's sole judgment, does not comply with these guidelines, or might otherwise impair ListingCard.Net and Turn Key Client Care, LLC's rights in the Logo. ListingCard.Net and Turn Key Client Care, LLC further reserves the right to object to and vigorously defend unfair uses, confusingly similar uses, or misuses of its trademarks or other violations of applicable law.

On Behalf of All of Us at ListingCard.Net, We Thank You For Your Continued Advocacy!