By advertising on PBCentral.com, you agree to the terms outlined below.
TERMS
WHEREAS, PBCentral.com and PCPrices.net are a network of "web sites" available through the World Wide Web, focusing on information relating to Macintosh PowerBooks and related topics, and published by Hildreth Enterprises, LLC.
WHEREAS, the Client seeks to utilize a portion of the PBCentral.com Network for advertising products or services for its own purposes.
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, the Owner can make no guarantee that any given reader shall be able to access the PBCentral.com Network at any given time. The Owner represents that it shall make every good faith effort to ensure that the PBCentral.com Network is available as widely as possible and with as little interruption as possible.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
I. Financial Arrangements
- Client agrees to a minimum one (1) month contract, the actual length of the contract specified by Client in months. The contract will take effect upon the posting of advertising services rendered to Client on the PBCentral.com Network by Owner.
- The first month payment for services shall be due within 14 days upon receipt of contract. Payment for later months shall be due upon receipt of contract or on a monthly basis starting after the initial one (1) month of services as agreed upon in the contract.
- Owner agrees to send a bill to Client on a monthly basis if that payment option is selected by Client. Client will remit payment by the due date on the bill which will be a period of not less than 30 days from the end of the period for which services have been paid. Failure by Client to remit payment by the due date will result, at Owner's discretion, in any advertising services rendered to Client by Owner to be removed from the PBCentral.com Network until such time as payment is received. The duration of the contract will not be extended due to removal of said services in the event of delinquent payment.
- Advertising services rendered by Owner will be paid for at the rate which is in effect at the date of the signing of the contract. These rates will remain in effect until the expiration of the contract. Renewal of services by client will utilize the rates which are in effect at the time of renewal and indicates agreement by Client to any contract revisions.
II. Taxes
- Owner shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or the PBCentral.com Network. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products or services sold.
III. Trademarks & Copyrights
- Client warrants that it has the right to use applicable trademarks, if any, and grants Owner the right to use such trademarks in connection with Owner's advertising services.
IV. Change of Ownership
- The PBCentral.com Network may be transferred to the control of another person or corporate entity (Owner) without prior notice to or permission from Client. Any new Owner assumes any and all obligations outlined in this agreement.
V. Limited Liability
- Owner assumes no responsibility for products and/or services Client provides. Owner provides no warranties, either expressed or implied, nor any assurances of product fitness. Client assumes any and all responsibility and risk from such services.
- Client agrees that use of Owner's advertising services is at Client's sole risk. Neither Owner, Owner's employees, affiliates, agents , third party information providers or the like, warrant that service will not be interrupted or error free; nor does Owner make any warranty as to the results that may be obtained from the use of the service provided unless otherwise stated in this Agreement.
- Under no circumstances, including negligence, shall Owner, its offices, agents or anyone else involved in creating, producing or distributing Owner's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Owner's services; or that the results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure, of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Owner's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Owner's service.
- Notwithstanding the above, Client's exclusive remedies of all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
VI. Indemnification
- Client agrees that it shall defend, indemnify, save and hold Owner harmless from any and all demands, liabilities, losses, costs and claims including reasonable attorneys' fees ("Liabilities") asserted against Owner, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Owner against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed by Client in connection with Owner's service; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement; (iv) any defective product which Client sold via Owner's services.
VII. Lawful Purpose
- Client may only use Owner's services for lawful purpose. Transmission of any material in violation of any Federal, State, or Local regulation is prohibited. This includes but is not limited to, copyrighted material, material legally judged to be threatening or obscene, pornographic, profane or material protected by trade secrets. Owner expressly forbids anyone from using Owner's services for any material Owner deems objectionable. This includes links to any such materials. The designation of such materials is left entirely to the discretion of Owner.
VIII. Termination
- This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Client is responsible for any fees due in that time, and is not released from its financial obligations until 30 days from the written acknowledgement of the of termination from Owner. Notwithstanding the above, Owner may terminate this Agreement at any time, without penalty or forfeiture of fees paid or due by the Client, if the Client fails to comply with the terms of this agreement.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract shall be agreed to by the parties upon renewal of services in writing.
This Agreement shall be governed in accordance with the laws of the State of South Dakota.
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