THIS INTERNET ADVERTISING AGREEMENT (the “Agreement”) is made between INFOLAGE (“Publisher”) and the undersigned advertiser (“Advertiser”). In consideration of the mutual promises and covenants contained in this Agreement, the parties hereto agree as follows:
1. If Advertiser submits a classified ad for employment or real estate, advertiser agrees to obey all applicable anti-discrimination laws, including the federal Fair Housing Act. Furthermore, it is against the rules of this site to use language in employment or real estate ads that discriminates on the basis of classes protected by law, including but not limited to: race or color, national origin, religion, sex, mental or physical handicap, familial status (families with children), pregnancy, veteran’s status, sexual orientation, marital status, and income source.
2. Subject to terms hereof, Advertiser confirms that it has appointed Agency, if one is specified, to be its authorized representative with respect to all matters relating to this agreement with the understanding that Agency may be paid a commission. Advertiser shall have the right to revoke its agency at any time during the period of this agreement effective upon receipt by Publisher of notice in writing; in such event, Publisher may, at its option, terminate this agreement. If Advertiser shall designate another agent Publisher may, at its option, recognize such agent upon receipt of an agreement by said agent to be bound by the terms of this agreement and to become liable for the payment of all bills due and to become due under this agreement.
3. Advertiser and Agency represent that there is nothing in any advertisement or other material provided by Advertiser or Agency, or in any material to which the advertisement or other material links or refers, that violates any personal or proprietary right of any third party, constitutes false advertising, is harmful, or violates any law or governmental regulation. Advertiser and Agency agree to indemnify and hold harmless Publisher, its employees, and representatives against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Advertiser regardless of whether Publisher participated in the creation of such advertisement, or the linkage of any advertisement to any other material, or the loss, theft, use, or misuse of any credit or debit card or other payment, financial, or personal information.
4. Publisher reserves the right, at its absolute discretion and at any time, to reject or delete any advertising copy, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. The rejection of copy by Publisher shall require Advertiser and/or Agency to supply new copy acceptable to Publisher. Advertisements that simulate editorial content must be clearly labeled “ADVERTISEMENT” and Publisher may, in its sole discretion, so label such copy.
5. Publisher, at its option, may terminate its relationship with Advertiser for the breach of any of the terms hereof, it being specifically understood without limitation that failure on the part of either Advertiser or Agency to pay each bill on or before its due date shall constitute a breach. Should Publisher terminate, all charges incurred together with short-rate charges shall be immediately due and payable.
6. This agreement may not be assigned by Advertiser or Agency without the prior written consent of Publisher, and any assignment without such prior written consent shall be null and void. The Advertiser or Agency may not use any space for the advertisement either directly or indirectly of any business organization, enterprise, product, or Publisher other than that for which the advertising space is provided by Publisher, nor may Advertiser or Agency authorize any others to use any advertising space.
7. Publisher will provide a quantity of visits, impressions, circulation, or other usage of the Publisher or the advertisement only if expressly so stated by Publisher. If not, Publisher makes no guarantee or representation as to such activity, nor as to the use of any particular tracking or information-gathering devices.
8. Orders containing terms, rates or conditions in addition to or conflicting with those contained herein may be accepted but such terms, rates, or conditions are not binding on Publisher unless Publisher has specifically agreed to them in writing.
9. In the event of a suspension of Publisher due to computer or network malfunction, congestion, repair, strike, accidents, fire, flood or any other cause or contingencies beyond the control of Publisher, it is understood and agreed that such suspension shall not invalidate this contract, but a) will give Publisher the option to cancel this agreement, or if Publisher does not do so, b) upon resumption of Publisher this contract shall be continued, and in any event no liability for damages shall be incurred by Publisher by reason of such suspension.
10. Advertiser and Agency agree to be jointly and severally liable for the payment of all bills and charges incurred. Advertiser authorizes Publisher, at its election, to tender any bill to Agency, and such tender shall constitute due notice to Advertiser of the bill and such manner of billing shall in no way impair or limit the joint and several liability of Advertiser and Agency. Payment by Advertiser to Agency shall not discharge Advertiser’s liability to Publisher. The rights of Publisher shall in no way be affected by any dispute or claim as between Advertiser and Agency.
11. Advertiser and Agency agree to reimburse Publisher for its costs and attorney’s fees in collecting any unpaid charge.
12. If Publisher revises its advertising rates, Advertiser and Agency agree to be bound by such rates, provided Publisher gives at least thirty (30) days notice of such increase. However, in such event Advertiser and Agency may elect not to place any further advertisements after the effective date of the increase.
13. Subject to section 9 herein, Publisher’s liability for failure to publish an advertisement shall not exceed a credit for Publisher’s charge for such advertisement. Publisher’s sole liability (and Advertiser’s sole remedy) for errors/omissions by Publisher in published advertisements shall be to provide Advertiser a credit for the actual space of the error/omission if the error/omission is brought to Publisher’s attention no later than 5 working days after the advertisement first appears; however, if a copy of the advertisement was provided or reviewed by Advertiser, Publisher shall have no liability.
14. Failure by Publisher to enforce any provision of this agreement shall not be considered a waiver of such provision.
15. Advertiser and Agency recognize that the copyright in any advertisements created by Publisher is owned by Publisher. As to all other advertisements, Advertiser and Agency agree that Publisher has the non-exclusive right, for the full term of copyright, by itself or through third parties, to republish and re-use any advertisements submitted hereunder in any form in which the advertisements may be published or used (in any media now in existence or hereafter developed) in whole or in any part, whether or not combined with material of others.
16. Any bill tendered by Publisher shall be conclusive as to the correctness of the item or items therein set forth and shall constitute an account stated unless written objection is made thereto within ten (10) days from the rendering thereof. In addition, unless otherwise agreed, all impressions and/or other measurements of ads hereunder shall be solely based on Publisher’s calculations.
17. All issues relating to advertising will be governed by the laws of the State of Washington applicable to contracts to be wholly performed therein. Any action brought by Advertiser and/or Agency against Publisher relating to advertising must be brought in the state or federal courts in Washington; and the parties hereby consent to the exclusive jurisdiction of such courts in connection with actions relating to advertising.
18. To the extent any advertisement is distributed/delivered via electronic mail, Advertiser agrees to comply with all federal, state and local rules, laws, and regulations applicable thereto, including without limitation the federal CAN-SPAM Act and all state "Do Not E-mail" registries. Advertiser shall fulfill all obligations of a "Sender" as defined in the federal CAN-SPAM Act, and comply with Publisher's reasonable policies intended to comply therewith. Advertiser will defend, indemnify and hold harmless Publisher for any liability, penalties, and/or expenses (including without limitation reasonable attorneys’ fees) in connection with a breach or alleged breach of this Section 18.
19. Publisher is acting herein as a venue, not a seller or auctioneer. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction.
20. Because we are a venue, in the event that advertiser have a dispute with one or more users, advertiser fully release, and forever discharge and covenant to hold harmless Publisher (and our parents, subsidiaries, affiliates, and their and our respective employees, officers, directors, shareholders, members, assigns, and successors in interest) of and from any and all liabilities, losses, expenses, actions, rights and causes of action of whatsoever kind or nature, resulting from or in any way related to or in any way arising or growing out of any and all known and unknown damages, expenses, costs, losses, liabilities, claims, and the consequences thereof, arising out of or in any way connected with such disputes.
21. Advertiser understand that all information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials ("Content") contained on this website, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Publisher does not control the Content posted and, as such, do not guarantee the accuracy, integrity, sensitivity or quality of such Content. Under no circumstances will Publisher be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of any Content posted, emailed, or otherwise transmitted to advertiser via the website. Please use caution, common sense, and practice safe trading when using the website. Please note that there are also risks of dealing with underage persons or people acting under false pretense. There may also be risks dealing with international trade and foreign nationals. By using this website, advertiser agrees to accept such risks and advertiser agrees that Publisher is not responsible for the acts or omissions of users on the website.
Advertiser must be legally able to sell the item(s) advertiser list for sale. Advertiser must describe advertiser’s item and all terms of sale, however advertiser’s terms of sale may not conflict with this Advertising Policy, or our Privacy Policy or Terms of Use (TOU) Agreement, and any such conflicting terms shall be null and void. Advertiser’s listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. Publisher reserves the right to remove a listing at any time for any reason whatsoever, in their sole discretion.
INFOLAGE
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Publisher Advertiser
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Publisher Signature Date (mm/dd/yy) Advertiser Signature Date (mm/dd/yy)
