Advertising180.net Terms and Conditions of Use
This is a contract. Please carefully read the following terms before accessing this site. By accessing the site you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site.
By using Advertising180.net's service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications Advertising180.net may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
1. Contact Information.
Address advertising180.net 410 S. Cedar St. Ste F Lansing, MI 48912
Customer Service Email: info@advertising180.net
2. Definitions.
- “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
3. Modification of Terms.
Advertising180.net reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Advertising180.net gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. Limited License.
Advertising180.net hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms.
Each Multi-User Subscriber may only allow its employees and agents to access Advertising180.net. If the Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees and agents shall no longer have Access to Advertising180.net. Each Multi-User Subscriber agrees that Advertising180.net may not be Accessed by more than the authorized number of Users purchased by the Multi-User Subscriber. Each User shall be authorized to Access Advertising180.net from any Internet connection.
A Multi-User Subscriber administrator selected by the Subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts.
5. Access to Advertising180.net; Modification of Content.
Advertising180.net strives to provide Advertising180.net to viewers on a continuous basis. To that end, Advertising180.net will take all commercially reasonable efforts to provide uninterrupted Access to Advertising180.net to its Subscribers. However, from time to time, viewrs may be unable to Access the Advertising180.net due to conditions beyond Advertising180.net’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of Advertising180.net to its Subscribers, Advertising180.net will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Advertising180.net endeavors to provide the highest quality content to its viewers. To that end, Advertising180.net reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
6. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- Violate or attempt to violate Advertising180.net security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Advertising180.net.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Advertising180.net.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that viewers of the Site do not engage in Prohibited Conduct, Advertising180.net reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to Advertising180.net to any person or entity whose use of Advertising180.net suggests Prohibited Conduct. Access of the materials available at Advertising180.net beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of Advertising180.net and will result in revocation or denial of Access to Advertising180.net. The terms “normal patterns” and “abuse” shall be determined solely by Advertising180.net.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
7. Limited Warranties.
Advertising180.net PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
8. Disclaimers and Limitation of Liability.
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. Advertising180.net DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SITE. Advertising180.net DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL Advertising180.net, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK IN NO EVENT WILL Advertising180.net BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT Advertising180.net RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OTL, EVEN IF Advertising180.net SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF Advertising180.net, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. Advertising180.net IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF Advertising180.net IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
Advertising180.net DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT Advertising180.net RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
9. Copyrights, Trademarks and Other Proprietary Rights.
Advertising180.net or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Advertising180.net. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in Advertising180.net may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Advertising180.net, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Advertising180.net intellectual property.
10. Indemnification.
User agrees to defend, indemnify and otherwise hold harmless Advertising180.net and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
11. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. Advertising180.net has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Advertising180.net may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access Advertising180.net. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You agree to notify Advertising180.net immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Advertising180.net immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Advertising180.net will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Advertising180.net, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
Advertising180.net will never ask you for your password. If you need a new user name and/or password, Advertising180.net will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
12. Termination of Agreement.
In addition to Advertising180.net other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Advertising180.net may also terminate Access to Advertising180.net or cancel subscriptions to Advertising180.net without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Advertising180.net deems inappropriate.
13. Privacy Policy.
Advertising180.net values Your trust. In order to honor that trust, all of Advertising180.net employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review Advertising180.net Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.
EFFECTIVE DATE: October 23, 2009
