Advertising Agreement
When you complete your purchase; You, the “Advertiser”, are claiming that you have read, accepted, and fully understand the terms of this Agreement.
This Agreement is a Contract. You must accept these terms, or the Seller will not transact business with You or sell a Product, Service, or Membership to You, and your Agreement will be terminated if you do not accept these terms.
Your pledge of an understanding of this Contract and acceptance of the Rights, Duties, and Limitations embodied in it, is a material part of the legal consideration that the Seller requires from You as a condition of sale.
The Agreement
This document is the Agreement between You, the “Advertiser”, and Adopotion Dashboard, L.L.C., an Indiana Limited Liability Company, which will be referred to in this document as the “Company.” The subject matter of this agreement is a product, service, membership, or advertising plan described in promotional or sales materials on this website and/or in print, whether submitted via email or electronic document referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase Agreement. By enrolling in the selected Advertising Plan described within the website, the Advertiser agrees to be bound by the following terms and conditions:
Term of Agreement
This Agreement has a month-to-month term that will be set by, and will coincide with, the monthly billing cycle established upon enrollment. The Company will also provide an electronic monthly confirmation invoice that will be submitted to the Advertiser, and which will contain a description of the type and frequency of the advertising that the Advertiser will be purchasing.
Payment
Advertising is available for purchase on a pre-paid basis only, and will be subject to approval and availability. Payment must be made using any of the accepted electronic payment methods, and will recur on a monthly basis. Future monthly electronic payments will be processed using the original purchase date as the date of origin. Advertisers may request their payments to be processed on a specific day of the month. The Company will not be obligated to provide any services until full payment is received by the Advertiser and honored by the Advertiser’s bank.
Termination
This Agreement may be cancelled by the Company for convenience, or by the Advertiser with written notice to the Company. Written notice must be received 20 calendar days before the beginning of the month with which the Agreement will terminate.
Pricing
All pricing amounts are set on a month-to-month basis. Custom plans are available, but will also be established on a month-to-month basis, and will be subject to availability. All Custom plans are subject to this Advertiser Agreement.
No Guarantees
The Company does not guarantee uninterrupted availability or access to the Internet or its website. As a result of this factor, and a wide variety of other factors, the majority of which are beyond the reasonable and cost-effective control of the Company, such as problems with servers, bandwidth availability and management, routers, software, hardware, maintenance, computer virus damage, hacker intrusions and attacks, programming and operating system bugs, and other issues, which are a normal and expected part of all Internet businesses, the Company is not able to, and therefore does not, guarantee that all of the websites or services to which it promotes your advertising will be up and fully operational 100% of the time. In cases where down time may exceed three (3) days in any given month, the Company will have the right to provide equivalent advertising services in the future as the exclusive remedy for any excessive down time.
Reasonable Efforts
The Company will use reasonable efforts to promptly correct any technical problems that may arise while it is providing services that are paid for by the Advertiser. It will do so after being made aware that such a problem exists, whether through its own efforts, or the efforts of the Advertiser or others.
Disputes
Any disputes that may arise concerning services or billing matters that are covered by any Invoice that is received by the Advertiser must be submitted in writing to the Company within 30 days of the disputed occurrence. This written notice must include all necessary supporting documentation, and must be received by the Company, in its offices at 11001 Petersburg Rd., Evansville, Indiana 47725. The sole remedies that shall be available for any disrupted services shall be the remedies that have been set forth above.
Indemnification
The Advertiser hereby indemnifies and holds the Company harmless from any claims, suites or damages that are suffered by AD as the result of any of the actions of the Advertiser or any of the clients or customers.
Jurisdiction
This Agreement, and any dispute arising there under, shall be interpreted, controlled and enforced solely under the provisions of the laws of the state of Indiana, without regard to its conflict of laws provisions, and not under the laws of any other state or jurisdiction.
Any controversy, claim or dispute that may arise from, or is related to, any action or inaction that is alleged to have been required of or performed by either the Company or the Advertiser, shall be submitted to private arbitration, in Evansville, Indiana, under the supervision of, and in accordance with the rules of, the American Arbitration Association.
Entire Agreement
These provisions, along with any applicable invoice for services rendered, constitutes the entire agreement between the parties with respect to the subject matter contained herein and shall supersede and replace all previous, contemporaneous or contradictory agreements, proposals, representations and communications, whether written or oral, between the Advertiser and the Company.
Relationship
Neither the contents of this Agreement, nor the nature of the relationship or dealings of the parties shall be considered for any purpose to constitute, or be considered as evidence of the existence of, a partnership or joint venture between the Vendor and AD, and neither the Vendor nor AD shall have the right to bind the other in any manner that is not specifically set forth in this Agreement.
Inclusions
All invoices submitted by AD and paid by the Advertiser shall be subject to the terms and conditions of this Agreement, and shall be incorporated as a part of this Agreement by this reference.
