Uses; Partner Sites
You agree that your ads may be placed on (i) any site owned or operated
by InfoHub (a "InfoHub Web Site") or on any site owned by
a third party (a "Partner") with which InfoHub has an agreement
to place the ads ("Partner Site"). InfoHub reserves the right
to, and in its sole discretion may, at any time, reject or remove any
ad. The Partners may also withdraw ads placed under this Agreement at
any time. No liability of InfoHub and/or any Partner shall result from
any such decision.
You are responsible for the content of your ads, including your ad description
text and URL links. InfoHub is not responsible for anything regarding
your Web site(s) including, but not limited to, content of your web
site(s), maintenance of your Web site(s), order entry, customer service,
payment processing, shipping, cancellations or returns.
InfoHub strictly prohibits using the InfoHub Web Site or any Partner
Site(s) (i) to generate fraudulent impressions or fraudulent clicks
or fraudulent leads on Advertiser's ad(s) or third-party ad(s), including
but not limited to using robots or other automated query tools and/or
computer generated search requests, and/or the fraudulent use of other
search engine optimization services and/or software.
InfoHub may at any time, in its sole discretion, terminate the Program,
terminate this Agreement, or cancel any ad(s). You may cancel or delete
any ad and/or terminate this Agreement by canceling or deleting all
ads hereunder, with or without cause at any time, via your account.
A cancelled ad may continue to run for up to 24 hours before such cancellation
InfoHub makes no guarantee regarding the levels of impressions or clicks
or leads for any ad on its site or those of its Partners.
InfoHub MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS
THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR ANY PARTICULAR PURPOSE.
Statistics shall be calculated solely based on records maintained by
InfoHub. No other measurements or statistics of any kind shall be accepted
by InfoHub or have any effect under this Agreement.
Limitations of Liability
In no event shall InfoHub or any Partner be liable for any act or omission,
or any event directly or indirectly resulting from any act or omission
of Advertiser, Partner, or any third parties (if any). IN NO EVENT SHALL
EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR
ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. InfoHub'S AGGREGATE LIABILITY TO ADVERTISER UNDER
THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO InfoHub
BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Each party acknowledges
that the other party has entered into this Agreement relying on the
limitations of liability stated herein and that those limitations are
an essential basis of the bargain between the parties. Without limiting
the foregoing and except for payment obligations, neither party shall
have any liability for any failure or delay resulting from any condition
beyond the reasonable control of such party, including but not limited
to governmental action or acts of terrorism, earthquake or other acts
of God, labor conditions, and power failures.
Representations and Warranties
You represent and warrant that (a) all of the information provided by
you to InfoHub to enroll in the Program is correct and current.
Your Obligation to Indemnify
You agree to indemnify, defend and hold InfoHub, its agents, affiliates,
subsidiaries, directors, officers, employees, and applicable third parties
(e.g., all relevant Partner(s), licensors, licensees, consultants and
contractors) ("Indemnified Person(s)") harmless from and against
any and all third party claims, liability, loss, and expense (including
damage awards, settlement amounts, and reasonable legal fees), brought
against any Indemnified Person(s), arising out of, related to or which
may arise from your use of the Program, your Web site, and/or your breach
of any term of this Agreement.
Any decision made by InfoHub under this Agreement shall be final. InfoHub
shall have no liability for any such decision. You will be responsible
for all reasonable expenses (including attorneys' fees) incurred by
InfoHub in collecting unpaid amounts under this Agreement. This Agreement
shall be governed by the laws of California of USA, except for its conflicts
of laws principles. Any dispute or claim arising out of or in connection
with this Agreement shall be adjudicated in Alameda County, California,
USA. This constitutes the entire agreement between the parties with
respect to the subject matter hereof. The waiver of any breach or default
of this Agreement will not constitute a waiver of any subsequent breach
or default. If any provision herein is held unenforceable, then such
provision will be modified to reflect the parties' intention, and the
remaining provisions of this Agreement will remain in full force and
effect. Advertiser may not resell, assign, or transfer any of its rights
hereunder. Any such attempt may result in termination of this Agreement,
without liability to InfoHub. The relationship(s) between InfoHub and
Advertiser is not one of a legal partnership relationship, but is one
of independent contractors. This Agreement shall be construed as if
both parties jointly wrote it.
If you accept this agreement, please click here to join.