ADVERTISER: In accordance with the terms and
conditions as set forth in this Agreement,
YourNews Media LLC., makes available its
pay-per-placement YourNews Community to the open
market. The purpose of the YourNews Community is
to assist retailers in attracting consumers who
desire to locate and purchase products as well
as services. By becoming an advertiser (further
referenced as ADVERTISER) of the YourNews
Community, ADVERTISER agrees to pay for any
advertisement placed by the ADVERTISER on
YourNews or any of its affiliate sites.
ACCEPTABLE USE POLICY: Each ADVERTISER is
allowed to pay for placement of their
advertisements within YourNews Media, LLC. or
any of its affiliate sites. Each advertisement
may include such information as the title of an
ADVERTISER site, a description and pay amount.
In all cases, advertisement content as well as
format is subject to final approval by YourNews
Media, LLC., at its
sole discretion. As an ADVERTISER, you
acknowledge and agree that each and every
advertisement placed within the YourNews
Community may be viewed at YourNews Media, LLC.
as well as any of its affiliate sites. YourNews
Media, LLC. reserves the right to reject or
remove any advertisement at its discretion.
ADVERTISER RESPONSIBILITY: As an ADVERTISER, you
represent and warrant that the information
submitted, in the advertisement itself or
through the Web site it links to, does not
mislead the public in any way and will not
offend visitors due to defamatory, slanderous,
libelous or threatening content. ADVERTISER also
states that their site does not violate any
federal, state or local law and does not
infringe in any way on copyright, patent,
trademark or other intellectual property rights
of any third party. It is
ADVERTISER's responsibility to determine
whether all advertisements comply with the terms
of this Agreement and any information posted on
YourNews Media, LLC. ADVERTISER hereby
acknowledges that YourNews Media, LLC. is not responsible
for the maintenance of their site(s) nor is
YourNews, LLC. responsible for order fulfillment
or any issue relating to
cancellations, returns or customer
service concerning orders placed on an
ADVERTISER's site(s).
ADVERTISER agrees to continually update its
advertisements so that all information is
current and is an accurate description of
information available on its site.
INDEMNIFICATION: ADVERTISER hereby indemnifies
and holds harmless YourNews Media, LLC., and any entity
or individual associated with this Agreement
from any and all liabilities, costs and
expenses, including, without limitation,
reasonable attorney's fees, that may arise from
its use of the YourNews Community or breach of
the terms of this Agreement. ADVERTISER will be
solely responsible for defending any claim,
payment of damages or losses resulting from the
foregoing to both a third party and YourNews
Media, LLC.
PAYMENT: ADVERTISER agrees to pay YourNews
Media, LLC. all applicable charges to its
account in United States currency, in accordance
with the terms of the payment plan selected,
including, if any, all applicable taxes, in
accordance with billing terms in effect at the
time the fee becomes payable. ADVERTISER
understands and agrees that it will be charged
for all advertisements placed by the ADVERTISER,
and that such charges may be based on
"appearance", "click-through", "time", or
"commission" on each respective advertisement as
determined within the agreed terms of the
purchase agreement between ADVERTISER and
YourNews Media, LLC. If ADVERTISER elects for a
payment plan that specifies a maximum
expenditure, either monthly or otherwise,
ADVERTISER agrees that all advertisements may be
removed from the YourNews Community when a
maximum obligation is met. Unless otherwise
stipulated upon enrollment, YourNews Media, LLC.
accepts Visa, MasterCard, or American Express as
method of payment. ADVERTISER agrees and
represents that all information provided for the
purpose of enrollment will be accurate, complete
and current. ADVERTISER acknowledges its access
to an account with YourNews Media, LLC. is subject to any
limits established by YourNews Media, LLC., its
contractors, or by a credit card issuer. If at any point, payment
cannot be charged in accordance with this
Agreement for any reason, or if there is a
charge-back, YourNews Media, LLC.
reserves the right to either suspend or
terminate ADVERTISER account. This may include
but not be limited to removal of all
advertisements.
CANCELLATION: If ADVERTISER is dissatisfied with
the YourNews Community or with any of the terms
and conditions contained herein, its sole and
exclusive remedy is to terminate the ADVERTISER
Agreement. ADVERTISER may cancel participation
in the YourNews Community at any time by sending
written notice to YourNews Media, LLC. via
certified mail. YourNews Media, LLC. reserves
the right to discontinue any advertisements that
may violate any of the terms in this Agreement.
Notwithstanding anything contained in this
Agreement to the contrary, YourNews Media, LLC. may, in its sole
discretion, terminate an ADVERTISER account, and
discontinue ADVERTISER participation in the
YourNews Community, or ADVERTISER use of any
specific advertisements at any time.
REFUNDS: If YourNews Media, LLC. terminates an
ADVERTISER account or if ADVERTISER decides to
terminate its own account, and ADVERTISER
provides notice to YourNews Media, LLC.,
ADVERTISER account will be deemed terminated
when YourNews Media, LLC. receives such notice.
ADVERTISER will only receive a refund for
amounts not yet charged to its account.
ADVERTISER will not receive a refund for any
annual fee agreed to in writing and collected as
ADVERTISER agrees these amounts are
nonrefundable.
LIMITATION OF LIABILITY: ADVERTISER expressly
agrees that it is using the YourNews Community
at its own risk and that YourNews Media, LLC. is
making the YourNews Community available on an
"as is" basis, without warranty of any kind,
express or implied. Neither YourNews Media, LLC.
nor any of its officers, employees, agents,
information providers, licensors, licensees,
attorneys, consultants or third party
contractors, make any warranty or representation
whatsoever regarding the YourNews Community or
any aspect of its use by an ADVERTISER. YourNews
Media, LLC. hereby disclaims on behalf of itself
and all its officers, employees, agents,
information providers, licensors, licensees,
attorneys, consultants or third party
contractors any and all warranties, including
without limitation any warranties regarding the
accuracy and availability of content, products
or services made available through the YourNews
Community, and warranties of title or
merchantability. Some states do not allow the
exclusion of implied warranties, so the above
exclusion may not apply to you. This limited
warranty gives you specific legal rights, and
you may also have other rights, which vary from
state to state. Any liability of YourNews Media,
LLC., its officers, employees, agents,
information providers, licensors, licensees,
attorneys, consultants or third party
contractors, including without limitation, any
liability for damages caused by any failure of
performance, error, omission, interruption,
deletion, defect, failure of delivery of
merchandise, delay in operation or transmission,
computer virus, communications line failure,
theft or destruction or unauthorized access to,
alteration of, or unlawful use of records,
whether for breach of contract, tortuous
behavior, negligence, or under any other cause
of action, shall be strictly limited to the
amount already paid by ADVERTISER to YourNews
Media, LLC. for advertisements in the prior 30
calendar day period. In no event shall YourNews
Media, LLC., its officers, employees, agents,
information providers, licensors, licensees,
attorneys, consultants or third party
contractors, be liable for any indirect,
incidental, or consequential damages, arising
out of this Agreement, the use or inability to
use the YourNews Community and/or the sites
linked to or from the YourNews Community or for
any breach of warranty. Some states do not allow
the limitation of exclusion of liability for
incidental or consequential damages, so the
above limitation or exclusion may not apply to
you. ADVERTISER agrees that it will not hold
YourNews Media, LLC. responsible for the
selection or retention of, or any acts, errors,
omission by, any third party in connection with
the YourNews Community and/or sites linked
to/from the YourNews Community, including
without limitation, those with whom YourNews
Media, LLC. contracts
to operate various portions of the YourNews
Community and those to whom YourNews Media, LLC.
provides links to for content, advertising or
any other type of data or information.
NOTICES: At any time, YourNews Media, LLC. may issue general
notices to ADVERTISER by placing a posting in
YourNews Media, LLC., or if possible, by
electronic mail to an available ADVERTISER email
address. ADVERTISER may give notice to YourNews
Media, LLC. by
certified mail to: YourNews Media, LLC., Attn.
Customer Relations Manager, 5090 PGA Blvd.,
Suite 208, Palm Beach Gardens, FL 33418.
OTHER: This Agreement shall be governed by the
laws of the state of Florida, and in the event
of a dispute, ADVERTISER agrees to submit to the
jurisdiction of the state and federal courts
located in Palm Beach County, Florida. By
submitting material to YourNews Media, LLC., ADVERTISER is
irrevocably granting YourNews Media, LLC. the
right to use all parts of the material, without
limitation, as if it were in the public domain,
including modifying it or using it commercially
and authorizing others to do so. YourNews Media,
LLC. reserves the right to discontinue offering
the YourNews Community at any time, including,
in its sole discretion, to assign or sell this
Agreement. This Agreement constitutes the entire
understanding between the parties with respect
to ADVERTISER enrollment and supersedes all
previous Agreements, proposals and
communications, written or oral, between
ADVERTISER and YourNews Media, LLC. YourNews
Media, LLC. may
change this Agreement at any time upon
publishing a notice in YourNews Media, LLC. Any
use of the YourNews Community after such notice
shall be deemed to be continued acceptance of
this Agreement including its amendments and
modifications.
