Consumers55+
Copyright © 2004.
All Rights Reserved.
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Terms, Conditions and
Acceptable Use |
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This
agreement is made and entered between Consumers55+ Magazine
hereinafter 55+ and the advertiser, who wishes to use the
services of 55+ in accordance with 55+ policies.
Now, therefore, in consideration of the foregoing premises and
the mutual convenants hereinafter set forth, the parties hereto
agree to as follows:
In order to provide its advertisers quality services, 55+
requires that all advertisers adhere to the guidelines,
policies, terms and conditions as described herein. 55+
reserves the right to change, amend or modify these guidelines,
from time to time, without prior notice to the advertiser.
By establishing an account and becoming a Consumers 55+ Magazine
advertiser you hereby acknowledge that you have read, understood
and agreed to adhere to acceptable use policy. In
addition, you also recognize that failure to comply with these
regulations may result in the termination of your account and
services at any time with or without notice. Your use
and/or continued use of the services and maintenance of your
account shall be deemed an acceptance of the Acceptable Use
Policy and any modification that may be amended thereafter.
The Acceptable Use Policy shall be used in conjunction with any
other terms and conditions or service agreements that are made
available to the advertiser. In a industry that provides
and promotes free dissemination of information, 55+ must take
the necessary precautions and reserves the right to take certain
preventive or corrective action in order to protect its own
right and the rights of its advertisers. 55+ can not and
does not monitor, verify, censor, or warrant for the accuracy or
quality of information that is transmitted or disseminated by
its advertisers when using its services. As such, it is
the responsibility to each advertiser/visitor to exercise it's
best judgment in relying on the information obtained via the
internet or the information that it transmits to others via the
internet. Recognizing that some of the information may
contain explicit or offensive material 55+ disclaims any
liability for injury to its advertiser or other third parties
that result in inaccurate, unsuitable, offensive or illegal
internet communications. It is for these reasons 55+ has
set forth these guidelines and restrictive policies for its
advertisers to adhere to.
Acceptable
and Restricted Use of Services:
All services provided by 55+ shall be used by the advertiser for
lawful purposes in compliance with all applicable laws. It
is the advertiser responsibility to determine what laws or
regulations are applicable to its use of the services or
products. Advertiser is strictly prohibited from storing,
posting, transmitting, re-transmitting or distributing material
on or through any of the services or products which include sole
discretion of 55+. (i) is in violation of any local,
state, federal or non-United law or regulation, (ii)
threatening, obscene, indecent, defamatory or that other-wise
could adversely affect any individual, group or entity
(collectively, "persons") (iii) violates the right of any
person, including rights protected by copyright, trade secret,
patent or other intellectual property or similar laws or
regulations including, but not limited to, the installation or
distribution of "pirated" or other software products that are
not appropriately licensed for use by advertiser. (iv) that is a
direct or indirect threatens physical harm, 9v) that displays
child pornography, information that is determined to be
harassing in nature, (vi) material and programs that carry
viruses or Trojans or tools to compromise the security of
others, (vii) deceptive on-line marketing practices, or (viii)
actions that restrict or inhibit any persons, whether a
advertiser of 55+ or otherwise, in its use or enjoyment of 55+'s
service or products.
Penalties:
Any and all restrictive activities are subject to immediate
termination of advertisers account. Advertiser may also be
subject to any and all criminal and civil penalties available
under the law. Accounts that have been terminated as a
result of abuse or violation of the Acceptable Use Policy shall
not be re-opened and advertiser shall not be reimbursed for any
fees that may been paid whose services had been suspended
or terminated for reasons stated herein.
Indemnification:
Advertisers agree to indemnify, waive and hold 55+, its
officers, directors, shareholders, employees, agents,
subsidiaries and affiliates harmless from any and all claims and
expenses related to the advertisers violation of this AUP,
including any abusive or unwarranted behavior on the part of the
advertiser or anyone using the advertisers account or the
infringement of any intellectual property or privacy rights of
any person or entity. This shall mean that advertiser can
not sue or recover damages whatsoever from 55+ as a result of
55+'s decision to remove material from its site, warn you,
suspend or terminate advertisers account or take any other
action during the investigation of a suspected violation or as a
result of 55+'s conclusion that violation has occurred.
Restricted Use of Mail:
The following mail practices are strictly prohibited: (i)
sending unsolicited mail messages, including the sending of
"junk mail" or other advertising material to individuals who did
not specifically request such material, who were not pervious
customers of the advertiser or with who the advertiser does not
have an existing business relationship ( "e-mail spam"). (ii)
Harassment, whether through language, frequency or size of
messages, (iii) unauthorized or forgoing, of mail header
information (iv) Solicitation of mail for any other E-mail
addresses other than that of the advertisers account or service
with the intent to harass or to collect replies (v) Creating or
forwarding "chain letters" or other "pyramid schemes" of any
type.
Billing Procedures:
advertisers are responsible to make timely payments.
Advertisers must furnish accurate personal or corporate billing
information. It is advertiser's responsibility to make
sure their accounts are kept up to date and current.
Advertisers who choose to make payment via credit cards must
provide their full name, billing address, credit card number and
expiration date. It is the advertisers responsibility to
timely notify the billing department of any change in its credit
card account. Payment for all services and products by
fraudulent means, including without limitation, false names,
unauthorized use of credit cards, false date will result in
immediate and permanent termination of the account and possible
criminal penalties. Advertisers will be charged an
additional fee for
any returned checks, or unprocessed credit card charges.
Failure by advertiser to make timely payments may result in 55+
canceling any advertiser account without notice due to
non-payment. In the event that advertiser fails to timely
make full payment of each invoice, 55+ reserves the right to
charge interest, late fees, and or reactivation charges on the
delinquent advertisers account. In the event of
cancellation by advertiser, advertiser must contact 55+
cancellation department. NON-USAGE OF AN ACCOUNT OR
NON-PAYMENT IS NOT PROOF OF CANCELLATION OF SERVICE. 55+
reserves the right to seek the collection of payment owed by all
means available to it by law. Advertiser are responsible
for full payment on accounts whether or not the account is ever
utilized. Any billing discrepancies shall be presented to
55+ in reasonable detail, in writing, within20 days of the date
of the charge. Such notification shall not relieve
advertiser of the obligation to make all payments including the
amount disputed by the due date. 55+ shall not be
obligated to consider any advertise notice of billing
discrepancies which are received by 55+ more than twenty (20)
days following the date of the invoice in question. If a
advertiser fails to dispute any charge after twenty (20) days
from the date of the charge. Advertiser waives its right
to thereafter make any such dispute and all such charges will be
deemed valid.
55+ makes
no warranties, express or implied, as to the accuracy of
billing, or the quality of services provided or the warranty of
merchantability or to fitness for a particular purpose.
Disclaimers:
55+ to the fullest extent permitted by law, disclaims all
warranties, including warranties of merchantability, fitness for
a particular purpose and non-infringement of third party rights.
55+ makes no warranties about the accuracy, reliability,
completeness, or timelines of the material, services, graphics,
and/or links. Neither 55+ or its directors, employees,
licensors, content providers, affiliates or other
representatives will be liable for any damages whatsoever,
including without limitation any direct, indirect
incidental, consequential, and exemplary damages, arising from
the use or performance of this web site or from any information,
services or products represented or provided through this web
site, even if 55+ has been advised of these damages. This
document and all other documents and information that are or may
be published from time to time on this web site could include
technical inaccuracies or typographical errors. Changes
are made periodically to the information contained herein.
55+ may make improvements and/or changes in the documents,
services, products, and or the programs described herein at any
time.
Intellectual Property Rights:
Advertiser acknowledges and agrees that any and all copyrights,
trademarks, service marks, patents, trade secrets and other
proprietary rights and laws protect all content and materials
made available on the 55+ web site. Nothing contained on
the 55+ web site shall be interpreted or implied in such a way
as conferring any license or right to any intellectual property,
rights or license to any intellectual property, content
technology, system process or related material belonging to 55+
by virtue of being displayed or made accessible on 55+ web site.
Except as expressly authorized by 55+. Advertiser agrees
not to use this site or the services in any manner that would
infringe, violate, dilute or misappropriate any such rights with
respect to any material which advertiser accesses through this
web site or the use of services. All policies stated
herein are subject to change at 55+ sole discretion.
Advertiser shall be responsible for adhering to any new policies
implemented by 55+.
Conditions:
This Agreement constitutes a legal and binding contract between
55+ and advertiser and does not extend to any other person or
entity. Cancellations after advertisement space is set-up
will still hold the advertiser responsible for fees incurred by
55+ concerning the set-up of the ad space. All
cancellations must be phoned to 55+'s business support
department. To contact 55+ phone 1-866-716-7757.
Warranties:
With respect to the services to be provided herein, the
advertiser acknowledges that 55+ makes absolutely no warranties
whatsoever, express or implied. As a result, the
advertiser agrees that 55+ shall not be liable to the advertiser
for any claims, damages, or loss of property which may be
suffered by the advertiser or any other entity in any respect
for direct, indirect, consequential, actual, or punitive damages
arising out of or in relation to the services provided herein,
including, but not limited to, losses or damages resulting from
the loss of data, result of delays, or service interruptions.
Entire Agreement and Understanding:
This instrument constitutes the entire agreement between the
parties, and represents the complete and entire understanding of
the parties in respect to the subject matter of the Agreement.
Relationship:
The parties hereto are independent entities and nothing
contained in this Agreement shall be construed to constitute
advertiser as agent, employee, partner, independent contractor,
or any other similar entity.
Governing Law:
This agreement shall be governed by the laws of the State of
Arizona in the United States of America, Each party agrees
that jurisdiction and venue for any and all claims, disputes or
matters arising out of their services provided herein and under
this Agreement will only lie in Maricopa county, Arizona.
If any action at law or in equity is brought to enforce or
interpreted provisions of the Agreement and services provided
herein, the prevailing party in such action shall be entitled to
all reasonable costs to include attorney fees.
Severability:
In the event that any term or provision of this Agreement is
held by a court of competent jurisdiction to be illegal,
unenforceable or invalid in whole or in part for any reason, the
remaining provision of the Agreement shall remain in full force
and effect.
In Witness Whereof,
The parties hereto, intending to be legally bound hereby, and in
consideration of the covenants and agreements contained herein,
do hereby execute this instrument, with each party warranting
their ability to enter into this Agreement for the person or
entity herein named and party hereto. 55+ and advertiser
agree to all terms and conditions of this Agreement. |
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Consumers
55+
