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Advertising Agreement |
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This Agreement covers all advertising and promotion programs offered by sportsparentpotomac.com for web site display, sponsorship, email newsletter, online classified or any other advertising format or program.
This Agreement fully encompasses the provisions of the Sportsparentpotomac.com User Agreement, which is made part this Advertiser Agreement. In particular, the definitions in sections 2 ,4, 5 and 8 of the User Agreement that define your rights to and acceptable uses of content and to relationships established as a result of the use of sportsparentpotomac.com apply in full to this Agreement. We may amend this Agreement at any time by posting the amended terms to the site. Any changes are effective immediately. REPRESENTATIONS AND WARRANTIES: You represent and warrant that you have sufficient authority to enter into this Agreement. You represent and warrant that your advertisements each meet the standards of the sportsparentpotomac.com User Agreement as described above. ACCESS TO SERVICES: Our services are available only to and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18 you can use this service only in conjunction with, and under the supervision of, your parents or guardians. PAYMENT: You agree to pay all applicable charges to your account, including, if any, all applicable taxes, in accordance with billing terms in effect at the time the fee becomes payable. PAYMENT METHOD: You may pay by credit card, charge card or check (sportsparentpotomac.com will provide for online bill paying as soon as possible). PAYMENTS DUE: Payments are due at the time of submission of advertising materials. NON-PAYMENT: If payment cannot be charged to your credit card or if there is a chargeback for any reason, sportsparentpotomac.com reserves the right to either suspend or terminate your account and/or to remove any advertisement related to the non-payment in question. REFUND: We make every attempt to ensure that our site operates properly at all times. If the site or a section in which your advertisement is placed becomes unavailable for longer than 24 hours, we will credit you the time with additional run time on your ad. If the ad was time-sensitive (for example, if it referred to a dated event), you may be entitled to a refund. In such instances, contact Customer Support. If you suspect that a technical error has prevented access to your ad, please notify Customer Service within two working days to ensure rapid resolution of the issue. ADVERTISER SUBMISSIONS: You may submit advertisement materials by email or through an online account maintenance program when it is made available. RELEASE: In the event that you have a dispute with one or more users, you release sportsparentpotomac.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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. NO WARRANTEE: WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. LIABILITY LIMIT: IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). INDEMNIFY: You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. NO AGENCY: You and sportsparentpotomac.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. GENERAL: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by sportsparentpotomac.com in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. LEGAL GOVERNANCE: This Agreement shall be governed in all respects by the laws of the State of Maryland as such laws are applied to agreements entered into and to be performed within Maryland. DISCLOSURES: The services hereunder are offered by Sportsparentpotomac LLC, located at 7707 Wisconsin Ave. Ste. 1114, Bethesda, Md. 20814. Date: Sept. 1, 2005 |
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