The Advertiser ("Client") agrees to pay to Community Nations LLC ("Company"), the owner and operators of InkedNation.com, based on the number of click-throughs multiplied by the amount that you have bid to pay for such click-throughs. A minimum deposit (of at least $50) shall be paid to Company to initiate services to the Client. Only deposit what you think you may use in 90 days, as all initial deposits are non-refundable. Further, any other deposit becomes non-refundable after 90 days. Client agrees to pay all charges to its account in accordance with Company's terms then in effect at the time a fee is incurred. Client acknowledges that its payment obligation hereunder is based solely on click-throughs and not on Client's ability to convert click-throughs to sales. In the event that Client has elected to pay Company by credit card, Client agrees that Company may charge the credit card upon the issuance of each tracking report reflecting click-throughs. In the event that Company is unable to charge a Client's credit card or a check issued by the Client is returned, Company may, in its sole discretion, suspend or terminate the Client's participation in the bid program.
The InkedNation Advertising Guidelines
Warranties
The site and its content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS LICENSORS, ITS AFFILIATES AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Company makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the site. Company cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Company cannot and does not guarantee or warrant that files available for downloading from this site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Company cannot and does not guarantee or warrant that any content you post on the site will remain on the site. Company does not warrant or guarantee that the functions or services performed on the site will be uninterrupted or error-free or that defects in the site will be corrected.
Limitation of Liability
COMPANY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. COMPANY AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Client agrees to indemnify, defend, and hold Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, its violation of these Terms and Conditions.
Disputes
Any disputes arising between Company and Client shall be first submitted to mediation in the County of the principal place of business of Company or Client. Should mediation not resolve the dispute, the parties shall submit the matter to binding arbitration before a single arbitrator in the County of the principal place of business of Company or Client.
