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ON-LINE ADVERTISING AGREEMENT TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR THE SUPERCONNECT PROGRAM

Last Updated March 30, 2010

PLEASE READ THE TERMS AND CONDITIONS BELOW. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE THAT THESE TERMS AND CONDITIONS WILL GOVERN THE PARTIES' OBLIGATIONS REGARDING THE SUPERCONNECT PROGRAM. YOU MAY PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS.

Program Overview

Subject to these Terms and Conditions, the SuperConnect Program (the "Program") offers:

  1. posting of your Listing on results pages on one of our Websites displayed to Website users in response to an inquiry;
  2. the opportunity to receive information about a Website user who has indicated interest in hiring service provider in a specified field; and
  3. the opportunity to earn credit toward the cost of Leads by submitting content to a Website.

Additional Definitions

"You" means the individual or business entity that registers for the Program. "We," "us" and "our" means SuperMedia LLC. "Agreement Date" is the date you click the "I Accept" button. "Business Profile" has the meaning given in "Participation Requirements," below. "Lead" has the meaning given in "Leads" below. "Listing" means your business contact information that we create based on your Business Profile and post on a Website. "Website" and "Websites" means either or both of www.AskLearnHire.com, www.SuperHVAC.com, www.SuperMortgages.com, and www.SuperRemodelers.com.

Participation Requirements

To participate in the Program, you must meet all of the following requirements:

  1. Register Your Business. You must complete a business registration form on this Website. The information you submit during the registration process and thereafter, and other information about your Program account, will constitute your "Business Profile."
  2. Your Age and Relationships. You must be at least 18 years of age at the time you register.
  3. Agree to Terms and Conditions. You must agree to be bound by these Terms and Conditions by clicking on the "I Accept" button when prompted.

Posting of Listings

We will post your Listing on the Website in response to inquiries from users of the Website and under the "Top Picks" section of the Website. Listings will be posted in response to inquiries based on a formula that takes into account the number of Leads you accept and your Points, as determined by us at our sole discretion, or on a rotating basis, all in accordance with our procedures established from time to time.

Leads

We will notify you via email when a Website user has selected your Listing ("Lead"). If you accept the Lead via email notification in accordance with our procedures, we will send you all information provided by the user, which may include name, address, telephone number, email address and description of the services the user is seeking. During the trial period of the Program, there will be no charge if you accept a Lead. We will notify you in advance of any change to this no-charge policy. In no event will any charge apply to your participation in the Program if you do not accept a Lead.

Opportunity to Earn Points

You may earn credits toward the cost of Leads you accept ("Points") by adding content to your Business Profile and submitting content to a Website, including answers to user questions, articles on related topics, and other information we may request from time to time. Points earned will be credited toward the cost of Leads that you accept. At this time, during our Beta, we are not charging for Leads. We reserve the right to change the Points program at any time without advance notice.

Bound to Terms and Conditions by Use of Program

These terms and conditions govern the Program. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE NOT ELIGIBLE TO PARTICIPATE IN THE PROGRAM. BY SUBMITTING A PROGRAM REGISTRATION AND BY CLICKING ON THE "I ACCEPT" BUTTON WHEN PROMPTED, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Changes to the Program or these Terms and Conditions

We may change these Terms and Conditions or the Program at any time. We will notify you of changes to these Terms and Conditions or the Program by posting the revised Terms and Conditions on this Website. You should check the date of the Terms and Conditions appearing at the beginning of the Terms and Conditions and review any changes since the last version. Revised Terms and Conditions will be effective when posted. You are responsible for reviewing these Terms and Conditions.

Notices/How to Contact Us

All notices to us must be in writing and mailed to SuperMedia LLC – MC 12, P.O. Box 619810, D/FW Airport, TX 75261, or sent via email to support@asklearnhire.com. Cancellation notices must include your business name, telephone number, and address. If you have any questions about the Program or these Terms and Conditions, you may write to us at support@asklearnhire.com.

Cancellation

You may cancel your registration for and participation in the Program only by written notice that is received by us at least 30 days before the end of the final month of your Program participation. We may cancel your registration and remove you from the Program without notice at any time for any reason.

Termination of Program

We may terminate the Program at any time for any reason at our sole discretion. Notice of suspension or termination of the Program will be posted on this Website.

Our Remedies

If you do not pay all applicable charges (if any) by 30 days after the due date, fail to meet any other obligation under these Terms and Conditions or under any other agreement between us, or make any representation or warranty that is or becomes untrue, we may, without notice: (i) require you to pay immediately all unpaid amounts you owe under these Terms and Conditions; (ii) cancel your Program registration and remove your Listings from the Website; (iii) recover all collection costs and attorneys' fees; and (iv) pursue any other available legal or equitable remedies.

Disclaimer of Warranties

Except as specifically described in these Terms and Conditions, we make no representations or warranties to you relating to the Program or information obtained or presented in connection with the Program or otherwise described in these Terms and Conditions. Without limiting the generality of the foregoing, we disclaim to the maximum extent permitted by law any and all warranties not specifically provided in these Terms and Conditions, express or implied, including, without limitation, any (i) warranties of merchantability or fitness for a particular purpose; (ii) warranties relating to delays, interruptions, errors, or omissions in the Program or any Website; (iii) warranties relating to the accuracy or correctness of data on any Website and in Program materials; (iv) warranties relating to Leads, including whether any Lead will result in a sale; and (v) other warranties relating to performance, nonperformance, or other acts or omissions of us, our officers, directors, employees, affiliates, agents, licensors, or suppliers. We are not liable to you for any deviation from or change in our policies, practices, and procedures, including without limitation those regarding the placement, position, or location of Listings.

Limitation of Liability and Release; Class Action Waiver

You agree that neither we nor any of our affiliates, directors, officers, agents, or employees shall have any liability for the Program except as expressly set forth in these Terms and Conditions. The total aggregate liability for us and our affiliates for errors in or omission of your Listing, negligence, any breach of these Terms and Conditions, and any other cause of action or wrongful act relating to the Program is limited to, and shall in no event exceed the amount you have paid for the Listing or Lead giving rise to the liability. You agree that, to the maximum extent permitted by applicable law, neither we nor our affiliates, directors, officers, agents, or employees shall have any liability for any other type of damages, however denominated, including but not limited to special damages, incidental damages, consequential damages, lost-profit damages, punitive damages, exemplary damages, or treble or otherwise multiplied damages, regardless of whether such other type of damages otherwise would be recoverable pursuant to statute, regulation, common law, or other legal or equitable principle. You further agree that, to the maximum extent permitted by applicable law, any claims you assert shall be asserted on an individual basis only, and not by way of a class action. The limitations in this Section shall apply notwithstanding any failure of essential purpose under these Terms and Conditions.

Use of The Websites

Your use of the Websites is governed by the applicable Website Use Agreement, which can be accessed using the following internet address: http://www.asklearnhire.com/copyright.html, including without limitation all provisions relating to User Provided Content (as defined in the Website Use Agreement). You specifically grant us the right and license to insert the SuperGuarantee® shield design into your eligible Listing.

Indemnification

You agree to defend, indemnify and hold us and our affiliates harmless from any liability or costs, including attorneys' fees and expenses, resulting from: (a) any breach of your representations, warranties or covenants; (b) any act, omission or fault of you or your employees, agents or contractors in connection with the Program; and (c) any claim that the User-Provided Content or other information you provide violates any applicable law or infringes on a any third party patent, copyright, trademark, trade secret or other intellectual property or proprietary right. You will continue to be obligated by this provision even after the termination of your participation in the Program.

Your Representations

In addition to any other representations and warranties you make in these Terms and Conditions, you represent and warrant that: (i) you have the unrestricted right to use, and to grant the licenses you grant in these Terms and Conditions with respect to, all User Provided Content and that your licensing of User Provided Content to us will not infringe any third party copyright or trademark rights; (ii) your Listing complies with all applicable laws, orders, codes, regulations and requirements, and you and any individuals listed in your Listing have all required licenses to provide the goods and services advertised in all jurisdictions where your Listings appear; (iii) you have not made any false or misleading claims in your Business Profile; (iv) you have not requested, and will not use, your Business Profile or Listing for any unlawful purpose or business; (v) you have not violated any contractual or legal obligation by accepting these Terms and Conditions; and (vi) you are or represent the business described in your Business Profile. You will notify us immediately if any of the above becomes inaccurate.

Privacy and Information Provided to Us

Your privacy rights and the information provided to us through the Website will be governed by our Privacy Policy, which can be accessed using the following internet address: http://www.asklearnhire.com/privacy.

Contact by Us

You agree that we may contact you regarding the Program or your Program account, whether by live telephone, recorded message, U.S. mail or other mail, facsimile or e-mail. You agree that telephone conversations between you and us or our agents may be monitored and/or recorded. In order to receive e-mails from us you must have access to a personal computer with at least a 128 bit JavaScript-enabled browser, Internet access and a valid electronic mail account supported by software that enables you to receive electronic communications. In order to store electronic communications from us you will need a printer connected to your computer to enable you to print such communications for storage in your off-line files or a hard drive or virtual drive to download the electronic confirmation communication for storage on your computer.

Governing Law

You agree that the Program and these Terms and Conditions will be governed by and construed in accordance with, and all matters relating to or arising under the Program or these Terms and Conditions will be governed by, Texas law excluding its conflicts of law rules.

Arbitration

You and we agree that all disputes between us and you relating to the Program and these Terms and Conditions shall be resolved by binding arbitration before a single independent arbitrator chosen by the parties pursuant to the Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA") and conducted under those Rules. Any arbitration award shall be final and binding on the parties and shall not be subject to appeal. Judgment on the award may be entered by any court having jurisdiction. The parties specifically consent to and accept the jurisdiction of the courts of the State of Texas and the United States District Court for the Northern District of Texas for the purposes of such enforcement. As an exception to this arbitration provision, we and you retain the right to pursue in small claims court in the State of Texas any claim that is within such court's jurisdiction. You must send us notice of any claim you file with the AAA or with the small claims court to: Vice President & Associate General Counsel, Head of Litigation, SuperMedia LLC, 2200 W. Airfield Drive, P.O. Box 619810, D/FW Airport, Texas 75261.

Miscellaneous

These Terms and Conditions are binding on and for the benefit of you and your successors. We may assign these Terms and Conditions, but you may not assign any of your rights or delegate any of your duties under these Terms and Conditions or under the Program without our prior written consent. Except as otherwise set forth in these Terms and Conditions, neither you nor we will lose any of our rights under these Terms and Conditions, even if you or we do not enforce a right or delay in enforcing a right. Neither party will be liable for any damages arising from acts of God or events outside of that party's reasonable control. If any provision of these Terms and Conditions is found to be unenforceable, the rest of these Terms and Conditions will remain in full force and effect.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us and supersede all prior agreements and representations, whether express or implied, written or oral, with respect to the Program. Neither you nor any of our employees or agents is authorized to change or add to these Terms and Conditions or any other documents relating to the Program or these Terms and Conditions in any way, and any purported change or addition, whether oral or written, is void.