TERMS & CONDITIONS

 

  1. You hereby represent and warrant to Best Of (hereafter “the Company”) and its agents that you have the legal authority and permission to bind the Advertiser to the terms and conditions of this Agreement and that you, either individually or in a representative capacity agree to be bound by each of the terms and conditions of this Agreement and affirmatively waive all claims or defenses of capacity in the defense thereof.
  2. The Company maintains websites (the “Site”) and allows use of and access to the Site subject to the Terms of Use (the “Terms”) posted on the site.  The terms “you” and “your”, as used in these Terms, refer to all individuals and/or entities accessing this Site for any reason.  By using or visiting the Site, you expressly agree to be bound by these Terms and to abide by these Terms and any and all applicable laws and regulations, including United States and international intellectual property laws.  The Company reserves the right to change these Terms at any time and for any reason.
  3. Advertiser acknowledges that the Company has made no representations or guarantees regarding the success or response to any advertisement.  The Company is only responsible for providing and maintaining the website.  Advertisers are responsible for supplying Company with acceptable advertising content prior to posting on website.  The Company reserves the right, but disavows any obligation, to refuse to post or to remove any content that it deems illegal, offensive, or inappropriate.  The Company shall not be liable if it becomes necessary to delete an advertisement
  4. Advertiser unconditionally agrees to pay the Company for all advertisements listed by the Company.  Full payment must be received within 15 days of invoice date.  Payments not received by said date are past due and a 10% late fee may be assessed.  A $35 fee will be assessed for all returned checks.
  5. Advertiser is responsible for creating and maintaining their own account information, content, coupons and special offers on the website.
  6. Advertiser is liable for payment of all advertising.  Non-payment by an Advertiser’s agency or representative shall not release the Advertiser from payment of account.  Payment by Advertiser to its agency or representative does not constitute payment to Company unless monies are actually received by the Company.  If billing is directed to an agency or representative’s address at their request, they are liable for the account regardless of whether or not the Advertiser is named on the bill in care of the agency or representative.
  7. Advertisers failing to complete their contract shall be liable for the amount of discount or adjustment given to Advertiser for a multiple site or term commitment.
  8. Upon default by Advertiser or Agency in the payment of an invoice or invoices, or the breach of the terms and conditions of this Agreement by Advertiser or conditions under which the Company shall determine that the ability of the Advertiser to pay the invoice or invoices is impaired, the Company may cancel and terminate this Agreement at any time, or if waived, the Company may require payment for further advertising under this Agreement upon such terms as it may see fit.  Advertiser agrees to pay all costs of collection, including all court costs and reasonable attorney’s fees, whether or not suit is filed.
  9. Advertiser acknowledges that the Company will make every reasonable effort to accommodate requests for ad placement on the site; however, specific page or position cannot be guaranteed by the Company or its employees, agents, representatives.
  10. Advertiser acknowledges that the Company does not offer or guarantee exclusive advertisements, unless specifically stated in this Agreement.
  11. Advertiser acknowledges that this agreement or any advertisement may be rejected or denied by an executive of the Company for any reason.  Advertiser further acknowledges that the Company reserves the right to edit any advertisement it receives from Advertiser as necessary to correct typographical or grammatical errors and misspellings.
  12. Advertiser agrees that advertisements designed by the Company are the property of the Company and are copyrighted and cannot be used by others without written permission from the Company.  Advertiser acknowledges and understands that this Agreement may be rejected or denied by an executive of the Company at any time for any reason, including the pricing specified for the stated ads and/or the placement of Advertiser’s ads.
  13. The Company in its sole discretion, may terminate your use of the Site for any reason, including but not limited to situations in which The Company believes that you have violated or acted inconsistently with the these Terms.  The Company may also, in its sole discretion, and at any time, modify or discontinue providing the Site, or any part thereof, with or without notice.  The Company is not liable to you or any third-party for any termination of your access to the Site or any modification or termination of the Site.
  14. Advertisers may cancel this agreement with 30 days written notice.  Refunds will be prorated to the unused amount paid, less a 30% cancellation fee. 
  15. This agreement will automatically renew on a month-to-month basis upon expiration of the initial term.  Monthly agreements will be billed automatically on the same day each month to a credit card or bank account, and will remain in effect until cancelled per #13 above.  The name ‘Best Of’ will appear on your statement.
  16. The Company is not responsible for delays in delivery and/or non-delivery in the event of an act of God, fire, flood, earthquake, tornado, strikes or other contingencies beyond the control of the Company, including loss of Internet connectivity or hosting services.
  17. The liability of the Company for any error will not exceed the cost of the advertisement in question.  The Company assumes no liability if for any reason it becomes necessary to delete an advertisement.  The Company assumes no liability for errors in content of advertisers, errors in key numbers or improper use of coupons forming part of an advertisement.  The Company also reserves the right to reposition any advertisement due to size and space requirements.
  18. The Company reserves the right to change its advertising rates.  If new advertising rates are announced, such announcements will be made at least thirty (30) days in advance of the renewal date for the Advertiser.  Rates will be honored by the Company until the current Agreement expires.  Monthly agreements will have 30 days notice.
  19. All advertisements are accepted and published by the Company upon the representation that the Agency and Advertiser are authorized to publish the entire contents and subject matter thereof and lawfully offer for sale the product or products in the advertisement.  In consideration of the Company’s acceptance of such advertisements, the Advertiser and Agency assume all responsibility whatsoever in connection with such terms.  This includes any loss or expense on claims, including cost of litigation and without limitation reasonable attorney’s fees incurred in the defense thereof.
  20. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN $250.  Some states do not allow the foregoing limitations of liability, so they may not apply to you.
  21. You agree to indemnify, defend, and hold harmless The Company, and its subsidiaries, affiliates, officers, agents, advertisers, partners, and employees, from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses and liabilities arising from or related to any breach by you of these Terms or your use of the Site.
  22. Any matter in dispute between you and the Company may be subject to arbitration as an alternative to court action pursuant to the rules of the American Arbitration Association.
Updated March 15, 2011