|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, images, URL links. InfoHub is not responsible for the content of your ad or the products or services you advertise on InfoHub Web Site. In the event if you have dispute about the product or the service with a customer received via your advertisement on InfoHub Web Site, it is your sole responsibility to resolve the dispute directly with the customer. InfoHub reserves the right for modifying your ad for improving its readability and clarity as long as the changes do not significantly change the meaning of the ad.
Your ad may contain third party materials (such as writings or images) if the materials are in public domain under GNU or Creative Commons license with explicit permission for commercial use and you have properly credited the source of the materials according to the GNU or Creative Commons license agreement. If your ad contain copyrighted materials (such as writings or images) not under public domain, you must obtain written permission for use of the material from the copyright owner or its duly authorized representative. Using third party copyrighted materials without permission will result in removal of your ad and repeat offense may result close of your advertising account.
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 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.