|Terms and Conditions
This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the InfoHub,
Inc.'s pay-per-lead advertising Program (the "Program"). As used in this
Agreement, "we" or "InfoHub" means InfoHub, Inc., and "you" or "Advertiser"
means the advertiser.
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 takes effect.
InfoHub makes no guarantee regarding the levels of impressions or clicks or leads for any ad on its site or those of its
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
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
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.
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