This Advertiser Terms of Service Agreement specifies the terms and conditions under which The Cannabis Club Network accepts advertisements to be displayed on http://www.losangelescannabisclubs.com The Cannabis Club Network Privacy Policy and The Cannabis Club Network Terms of Use are also part of this agreement.
By placing an order for advertising you indicate that you have read this Agreement and you that you accept the terms and conditions specified herein. You agree:
1) That you are solely responsible for complying with all applicable regulatory requirements in connection with your advertisements, including and without limitation, state and/or local regulatory requirements;
2) That your advertising does not, and will not ever, incorporate information which is or may be found to be false, misleading, defamatory, libelous, slanderous, illegal or threatening;
3) That your advertisement and/or any content of your advertising does not and will not infringe on any intellectual property or other rights of any third party.
And You Warrant:
4) That you have the power and authority to agree to be bound by the terms and condition this Agreement;
5) That you have sole right, title, and interest, or that you have written permission, to make use the name, logos, trademarks, and appurtenances of the entity under which you advertise and do business;
6) That you comply with all regulatory requirements in connection with and pertaining to your advertisements, and that you have all necessary rights, permits and licenses under all applicable laws, rules and regulations to provide your advertisements, and any financial rates and information included within such advertisements.
Positioning
Except as otherwise provided in the advertisement
order, positioning of advertisements within http://www.losangelescannabisclubs.com
is at the sole discretion of The Cannabis Club Network.
Content
All contents of advertisements are subject to The
Cannabis Club Network approval. The Cannabis Club Network reserves the right
to reject or cancel any advertisement, at any time, for any reason whatsoever,
without bearing any liability for damages to Advertiser.
Date of Delivery
The Cannabis Club Network will endeavor
to deliver the advertisement order on site as quickly as possible, but reserves
the absolute right to determine the publication date. In the event of any delay
in insertion, such delay will not prejudice any of the terms and conditions
herein contained. All quoted dates are intended as a guide only as to commencement
of display and do not constitute part of the contract. The advertiser is required
to check for possible errors immediately following the placement and make any
corrections within the first week after posting.
Payment and Pricing
The Cannabis Club Network charges for
and collects in advance for all advertising and services, including renewals.
After The Cannabis Club Network processes your advertising order, we immediately
delete your credit card number from our computer system. Returned and/or bounced
checks are subject to a $35 penalty fee. The Cannabis Club Network reserves
the right to suspend or terminate your advertisement and this Agreement if
your account becomes delinquent.
The Cannabis Club Network reserves the right to change any pricing. The Cannabis Club Network will provide the advertiser reasonable time allowance prior to any changes. If any price changes results in disagreement between The Cannabis Club Network and the advertiser, The Cannabis Club Network is entitled to terminate the contract immediately and without regard for the stipulated date of increase.
Renewals
Advertisers who would like to renew their advertising
information will need to provide The Cannabis Club Network with new payment
information. Except as expressly set forth in the advertisement order, any
renewal and/or acceptance of any additional advertising order shall be at The
Cannabis Club Network's sole discretion. Pricing for any renewal is subject
to change by The Cannabis Club Network.
Cancellations
Cancellation of this agreement will only be
accepted before the end of the advertising month. For advertisers who cancel
after the 1st of each month, your advertising package will continue to run
until the end of the month. Cancellations are subject to a $100.00 cancellation
fee. When you cancel your advertising package, your ad will continue to run
until the end of the month. Your credit card will not be billed after you cancel.
At the end of the month, your ads will be taken offline or transferred to the
Standard Advertising Package, depending on your contract with Los Angeles
Cannabis Clubs.
Refund Policy
Unused portions of advertising contracts are refundable. Already
published advertising is not refundable. The Advertiser will need to provide
payment information in order for a refund to be processed. Setup fees, cancellation
fees, and penalty fees are non-refundable.
Assignment
Advertiser may not resell, assign or transfer
any of its rights hereunder, and any attempt to resell, assign or transfer
such rights shall result in immediate termination of this contract without
liability to The Cannabis Club Network.
Usage
Unless otherwise agreed to by The Cannabis Club Network
in writing, The Cannabis Club Network makes no guarantee of a particular level
of usage or number of impressions for any advertisement. Advertiser acknowledges
that statistics provided by The Cannabis Club Network are the official, definitive
measurements of The Cannabis Club Network's performance. No other measurements
or usage statistics (including those of Advertiser or a third party ad server)
shall be accepted by The Cannabis Club Network or have bearing on the advertisement
order.
Distribution and Design
The Cannabis Club Network reserves
full rights over the design and presentation of the website or publication
and from time to time vary the size/or design of the website or publication
and amend or alter its color schemes and will not be liable to advise the advertiser
of such alterations and any or all such changes shall in no way prejudice the
terms and conditions of this agreement. The Cannabis Club Network also reserves
the right to place any company types on site.
Changed Terms
The Cannabis Club Network has the right at
any time to change or modify the terms and conditions applicable to use of
the site, or any part thereof, or to impose new conditions, including, without
limitation, adding fees and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which may
be given by any means including, without limitation, posting on the site, or
by electronic mail. Any use of the site by you after such notice shall be deemed
to constitute acceptance of such changes, modifications, additions or deletions.
Indemnification
Advertisements are accepted upon the representation
that Advertiser has the right to publish the contents of the advertisement
without infringing the rights of any third party and without violating any
law. Advertiser agrees to indemnify and hold harmless The Cannabis Club Network
and its affiliates against any losses or expenses incurred by The Cannabis
Club Network in connection with any claims arising out of publication of the
submitted material.
You agree to indemnify, defend and hold The Cannabis Club Network, its affiliates, and their respective officers, directors, owners, agents, employees, and licensors (collectively, the "The Cannabis Club Network Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Cannabis Club Network party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. The Cannabis Club Network reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The Cannabis Club Network's defense of such claim.
Limitation of Liability
In no event shall The Cannabis Club
Network be liable for damages of any kind, including, without limitations,
any direct, special, indirect, punitive, incidental or consequential damages
including, without limitation any loss or damages in the nature of or relating
to lost business, medical injury, personal injury, wrongful death, improper
diagnosis, inaccurate information improper treatment or any other loss incurred
in connection with your use, misuse or reliance upon the Web site or the Content,
or your inability to use the Web site, regardless of the cause and whether
arising in contract (including fundamental breach), tort (including negligence),
or otherwise. The foregoing limitation shall apply even if The Cannabis Club
Network knew of or ought to have known of the possibility of such damages.
The Cannabis Club Network also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the Web site, or any advertiser or sponsor of the Web site ("third-party"). Under no circumstances shall The Cannabis Club Network be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party, and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any Web site linked to or from the Web site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if The Cannabis Club Network knew of or ought to have known of the possibility of such damages.
Disclaimers
IN NO EVENT SHALL THE CANNABIS CLUB NETWORK,
ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE
FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, LOST SALES
OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY
BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE DATA AND
RELATED MATERIALS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER
OR NOT HSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE
REMEDY.
IN NO EVENT SHALL THE CANNABIS CLUB NETWORK, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO THE DESIGN, CONTENT, OR ANY UNAUTHORIZED ACCESS OR ALTERATION TO THE CONTENT OF YOUR ADVERTISEMENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Web site and the Content are provided "AS IS". While The Cannabis Club Network endeavors to provide information that is correct, accurate, current and timely, The Cannabis Club Network makes no representation, warranties or covenants, express or implied, regarding the Web site and the Content including, without limitation, no representation, warranty or covenant that (i) the Content contained in or made available through the Web site or any item(s) made available on or through the Web site will be merchantable quality and/or fit for a particular purpose; (ii) the Web site or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose; (iii) that the operation of the Web site will be uninterrupted or error-free; (iv) that defects or errors in the Web site or the Content, be it human or computer errors, will be corrected; (v) that the Web site will be free from viruses or harmful components; and (vi) that communications to or from the Web site will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Web site and the Content is entirely at your own risk and liability.
Miscellaneous
This Agreement shall be construed in accordance
with the laws of the State of California, and the parties irrevocably consent
to bring any action to enforce this Agreement in the federal or state courts
located in San Francisco County in the State of California. This Agreement
constitutes the entire agreement between the parties with respect to the subject
matter hereof, and supersedes all previous written or oral agreements between
the parties with respect to such subject matter. All provisions hereof shall
survive any termination of this Agreement as well as any other revisions, which
by their terms or sense are intended to survive.
Entire Agreement
This Agreement represents the entire agreement
between you and The Cannabis Club Network and supersedes all prior agreements,
written and oral. If any provision of this Agreement is held to be invalid
or unenforceable, that provision shall be struck from this Agreement and the
remaining provisions shall remain in full force and effect. Any failure by
The Cannabis Club Network to enforce any provision of this Agreement will not
constitute a waiver of our right to subsequently enforce such provision or
any other provision of this Agreement. This Agreement shall bind both you and
The Cannabis Club Network and our respective successors and permitted parties.