Please read this Purchaser Agreement (“Agreement”) before using the Services offered by Company. By clicking “Accept,” signing, or otherwise conveying your acceptance by purchasing, you agree to be bound by the terms and conditions of this Agreement.
Company's acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms; if these terms and conditions are considered an offer by Company, acceptance is expressly limited to these terms.
The web pages and online properties made available by Company and any linked pages and properties unless indicated otherwise (the “Site” or “App”) are owned and operated by Company and are accessed by you (“Purchaser”) under the following terms and conditions.
Subject to the terms and conditions of this Agreement, Company may offer to provide certain services that relate to facilitating the purchase and sale of internet advertising, marketing services, business support services, and/or other services as described more fully on the Site and/or App, and which are selected by Purchaser through the process provided on the App (the “Services”).
Company may change, suspend, or discontinue the Services (or Purchaser's access thereto) at any time, including the availability of any feature, advertisement, publisher, platform, or content, without notice or liability. Company reserves the right, at its discretion, to refuse to allow access to the Services to any applicant at any time.
Company also reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the App and/or Site, or by sending Purchaser a notice via email or postal mail. Use of the Services following such notification constitutes Purchaser's acceptance of the modified terms and conditions.
Purchaser certifies that if Purchaser is an individual (i.e., not a corporation) Purchaser is at least 18 years of age. Purchaser also certifies that it is legally permitted to use the Services and access the Site/App, and takes full responsibility for the selection and use of the Services.
We reserve the right to substitute services provided as a free gift or gift with purchase with like-valued products or services in the event that providing the free gift is not possible or the free product or service has been removed from our product offerings.
This Agreement is void where prohibited by law, and the right to access the Site/App is revoked in such jurisdictions.
Purchaser agrees to comply with the technical specifications provided by Company to enable proper display and delivery of advertisements and/or services, including without limitation by not modifying the JavaScript or other programming provided to Purchaser by Company in any way.
Purchaser agrees to direct to Company — and not to any advertiser, publisher, platform, vendor, or other third party — all communications regarding any matter arising out of Purchaser's use of the Services.
All contents are protected by U.S. and international copyright laws and are intended solely for the use of Company Purchasers and may only be used in accordance with the terms of this Agreement in connection with authorized use of the Services.
All materials displayed or performed on or accessible through the App, Site, or Services (including, but not limited to, text, graphics, articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright. The term “Content” specifically includes any advertising or other content made available or submitted by any advertiser and any website or other content published by or associated with any publisher.
Purchaser shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the Services.
Purchaser acknowledges and agrees that if Purchaser uses any of the Services to contribute or make available Content, Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so in connection with the Services and the App/Site.
Purchaser (whether a publisher, advertiser, or otherwise) warrants, represents, and agrees that it will not contribute, submit, or make available through the App, Site, or Services — or use the App, Site, or Services in connection with — any Content that is infringing, libelous, defamatory, obscene, abusive, offensive, or otherwise violates any law or right of any third party.
Violations of this Agreement include, but are not limited to: promoting illicit or illegal activity (including content related to drugs, pornography, prostitution, or gambling); releasing personally identifying information about an individual; using racist, sexist, or other offensive language; malicious activity; or any other inappropriate or unintended use.
If Purchaser is a publisher, Purchaser shall not, and shall not authorize or encourage any third party to:
Company reserves the right to remove any Content from the App/Site at any time, or to terminate Purchaser's right to use the Services or access the App/Site, for any reason (including upon receipt of claims or allegations from third parties or authorities, or if Company is concerned Purchaser may have breached this paragraph), or for no reason at all, subject to Section 13 (Termination).
Purchaser is responsible for all activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of Purchaser's right to use the Services or access the App/Site.
Use of the App/Site/Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material deemed threatening or obscene), or engage in any illegal activity is expressly prohibited. Purchaser will not run mailing lists, listservs, any form of auto-responder, or “spam” on the App/Site, or any processes that run while Purchaser is not logged in.
Purchaser acknowledges and agrees that Company has no special relationship with or fiduciary duty to Purchaser and that Company has no control over, and no duty to take any action regarding:
Further: (i) if Purchaser is a publisher, Purchaser acknowledges Company has no control over (and is a passive conduit with respect to) advertiser-submitted Content, and Purchaser is solely responsible for determining whether such Content is acceptable; and (ii) if Purchaser is an advertiser, Purchaser acknowledges Company has no control over publisher website content, and Purchaser is solely responsible for determining whether such Content is acceptable.
Purchaser releases Company from all liability relating to Purchaser's acquisition (or failure to acquire), provision, use, or other activity with respect to Content in connection with the App/Site/Services.
The App/Site may contain, or direct Purchaser to sites containing, information some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the App/Site/Services and will not be responsible for accuracy, copyright compliance, legality, or decency.
Company makes no guarantee regarding the level of impressions, clicks, timing of delivery, actions, or payments (if any) in connection with the Services.
THE SERVICES, CONTENT, AND SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING THE RESULTS OF ANY ADVERTISING CAMPAIGN OR PROMOTION, AND PURCHASER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. Some states do not allow limitations on implied warranties, so the above may not apply.
Electronic Communications Privacy Act notice (18 USC 2701–2711): Company makes no guarantee of confidentiality or privacy of any communication or information transmitted on or through the Site/App/Services or any linked website. Company is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any Content stored on Company equipment or transmitted over networks.
Please review Company's Privacy Policy for information regarding Company's policies and practices regarding the use of Purchaser personal information.
As a condition to using Services, Purchaser may be required to register with Company and select a password and Purchaser name (“Company User ID”). Purchaser shall provide accurate, complete, and updated registration information. Failure to do so is a breach and may result in immediate termination.
Purchaser may not:
Company may refuse registration or cancel a Company User ID in its discretion. Purchaser is responsible for maintaining the confidentiality of Purchaser's password.
Purchaser will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of Purchaser's access to the Site/App, use of the Services, violation of this Agreement, or infringement by Purchaser (or any third party using Purchaser's account) of any intellectual property or other right.
IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY PURCHASER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
Some states do not allow exclusions or limitations of incidental or consequential damages, so the above may not apply.
Purchaser agrees not to disclose Company Confidential Information without Company's prior written consent. “Company Confidential Information” includes without limitation:
Company Confidential Information does not include information that becomes publicly known through no breach, is independently developed without access, is rightfully received from a third party, or is required to be disclosed by law or governmental authority.
Company may retain and use for its own purposes all information Purchaser provides, including demographics and contact/billing information. Purchaser agrees Company may transfer and disclose to third parties personally identifiable information about Purchaser to approve and enable Purchaser participation in the Services, including to jurisdictions with less restrictive data laws. Company disclaims responsibility for disclosure by such third parties.
Company may share aggregate (non-personally identifiable) information with sponsors and other third parties. Purchaser grants Company a non-exclusive license to republish in any medium advertisements, web pages, banners, interstitials, or other content for marketing Company products and Services.
Company may terminate or suspend Services and access immediately, without prior notice or liability, if Purchaser breaches any term of this Agreement. Fees paid are non-refundable. Upon termination, Purchaser's right to use the Services ceases immediately.
All provisions which by their nature should survive termination shall survive, including warranty disclaimers and limitations of liability.
Purchaser represents and warrants that:
Purchaser further represents and warrants that each website, promotion, and any material displayed therein (a) complies with applicable laws and regulations; (b) does not breach any duty or rights (including IP, publicity, privacy, consumer protection, product liability, tort, or contract); and (c) is not hate-related.
Failure to exercise any right is not a waiver. Company is not liable for failure to perform due to causes beyond reasonable control. If any provision is unenforceable, it will be limited or eliminated to the minimum extent necessary and the remainder remains in effect.
This Agreement is not assignable, transferable, or sublicensable by Purchaser without Company's prior written consent.
This Agreement is the complete and exclusive statement of the mutual understanding and supersedes prior agreements and communications. Modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created. Purchaser has no authority to bind Company.
Compliance departments in larger organizationsNo charge if an ad doesn't run due to a compliance department rejecting ad placement, provided Company is emailed the rejection reason directly from the compliance department (not the client).
We may declare you in default under this Agreement if:
If you are in default, we can require you to pay the remaining amount you owe at once, subject to any right to notice and cure. We may seek payment by charging your credit or debit card pursuant to any pre-authorization you provided. If we refer this Agreement to an attorney who is not a salaried employee for collection, we may require you to pay reasonable attorneys' fees and expenses to the extent permitted by law.
You are notified that in connection with the Services, we may transfer, sell, or assign installments and associated rights to us or an affiliate without your consent. This Agreement remains binding and inures to the benefit of our assignees.
You may not transfer your rights under this Agreement; any attempt is void.
This Agreement (and our dealings prior to this Agreement) shall be governed by federal law, and to the extent not preempted, the laws of the state in which you purchased the goods and services. If any provision is held unenforceable, the remainder remains in effect.
You agree that Company and its service providers, agents, officers, directors, employees, subsidiaries, and affiliates (collectively, the “Indemnified Parties”) will not be liable for actions taken while following your instructions. The Indemnified Parties will not be liable if they do not follow your instructions if Company reasonably believes your instructions would expose Company to potential loss or civil or criminal liability, or conflict with customary practices.
THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If we fail to stop payment on an item, or pay an item bearing an unauthorized signature, forged signature or endorsement, or alteration, liability is limited to the face amount of the item, except where prohibited by law. This section survives termination.
We are always interested in resolving disputes, claims, or controversies (“Claim”) amicably and efficiently. Most customer concerns can be resolved by contacting us by email.
If efforts are unsuccessful, you and we agree that all disputes shall be resolved by binding arbitration on an individual basis.
A party intending to seek arbitration must first send the other party, by certified mail, a written Notice of Dispute (“Notice”) that (a) describes the nature and basis of the Claim and (b) sets forth the specific relief sought. If the Claim is not resolved within 60 calendar days after the Notice is received, you, we, or the Indemnified Party may commence arbitration.
Arbitration will be conducted by a neutral arbitrator in accordance with AAA rules and procedures, including the AAA Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The arbitrator must follow this Agreement as a court would.
IF ANY PARTY COMMENCES ARBITRATION, NEITHER YOU, WE, NOR THE INDEMNIFIED PARTY WILL HAVE THE RIGHT TO LITIGATE IN COURT OR HAVE A JURY TRIAL, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. YOU MAY NOT PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS. The arbitrator's decision is final and binding except as provided in the Federal Arbitration Act (“FAA”).
Notwithstanding the foregoing, you and we retain the right to pursue in small claims court disputes within that court's jurisdiction, so long as they remain in such court and advance only an individual claim.
If either party fails to submit to binding arbitration following lawful demand, the party failing shall bear all costs and expenses incurred by the other in compelling arbitration.
Prohibition of class and representative actionsYOU AGREE YOU MAY BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Unless both you and the Indemnified Party agree otherwise, the arbitrator may not consolidate claims or preside over any representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief, except where public injunctive relief is required by applicable law.
You and we agree this written Agreement is the final expression of the agreement and may not be contradicted by prior or subsequent oral agreements. Changes must be in a writing signed by you and us. No change releases liability unless expressly stated in writing.
If Purchaser disputes any payment made in connection with the Services, Purchaser must notify Company in writing within thirty (30) days of such payment. Failure to notify Company waives Purchaser claims related to that disputed payment.
Payment calculations shall be based solely on Company records. No other measurements or statistics shall be accepted.
Company shall not be liable for any payment based on:
If you are not 100% satisfied at the end of your campaign, we will run your campaign again for the same time period purchased. There is no performance guarantee.
We want you to be satisfied with your Services. However, when you purchase Services from us, we make commitments to advertising and/or service partners for the length of your campaign and incur costs as a result. Therefore, we do not offer refunds once Services are purchased, except in the limited situations below.
A. Product malfunctionTo be considered a product malfunction, the user must report the malfunction to us while Services are active, and the malfunction must be verified by Company. The final determination is at Company's sole discretion.
The Services are an awareness advertising tool and function properly when they deliver localized ad views. Lack of leads or phone calls does not qualify as a malfunction.
Company uses industry best practices to geographically target ads using IP-based methods; occasional inaccuracies into neighboring zip codes do not qualify as a malfunction.
B. Billing errorTo be considered a billing error, the user must provide either the cancellation confirmation number or forward the cancellation confirmation email.
Unless otherwise noted on the order confirmation, all service contracts and sales that are not paid in full at time of sale are considered sold on installment payment plans. Installment payments are guaranteed by the purchaser at time of sale and cannot be canceled after sale.
Month-to-month, quarterly, semi-annual, or annual billing are billing periods. Campaigns will auto-renew until you ask us to stop. To ensure we can stop your campaign in time, we require written notice at least ten (10) days prior to your next renewal date. This applies only to renewal periods; commitment length must be fulfilled.
Purchaser agrees to pay all applicable taxes or charges imposed by any government entity in connection with Purchaser's use of the Services.
We can pause your campaign at any time; however, if you are making payments, those payments will continue. To ensure we can pause your campaign on time, written notice is required at least ten (10) days prior to your next billing date.
If Services are purchased as a subscription billed monthly, quarterly, semi-annual, or annual (your selected billing preference), the subscription renews automatically. We will process the form of payment on the account on each renewal term on the calendar day corresponding to the first day you subscribed.
To avoid automatic renewal, submit your request at least ten (10) days before your renewal date.
Questions about these terms? Get in touch and we'll walk you through them.