1. General. A deposit or payment must be submitted to KlickonUSA.com in advance of initial advertising date. By submitting advertising for inclusion on KlickonUSA.com, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on KlickonUSA.com. This contract supersedes any previous agreements between KlickonUSA.com and advertiser/agency relating to the subject matter set forth herein. KlickonUSA.com's only obligation is to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall KlickonUSA.com be obligated to serve advertisements for any other advertiser.
2. Changes and Cancellations. Cancellations and changes can be made via the advertiser login. KlickonUSA.com's Pay Per Click (PPC Search Engine) advertising specifications are accessible through the advertiser login. We do not offer refunds on unused funds concerning our Pay Per Click services. KlickonUSA.com reserves the right to change any of its advertising specifications at any time.
3. Not Responsible for Effectiveness of Advertising. All advertising is considered sold once we have placed it into your account. We are not responsible for the effectiveness of any advertisements whether it be banners, Drop-In Ads, Traffic Campaign, or offer you may make. Nor are we responsible for the effectiveness of your web site, nor its ability to convert your traffic into members, subscribers, customers, or clients. We have a strict no-refund policy. Once we place this advertising into your account it will be considered fulfilled by us. You alone are the sole determining factor in the success of this or any advertising. Failure to pay for any advertising fulfilled by us may subject you to legal action in the appropriate court having jurisdiction over this matter in Wayne County Michigan. We may pursue any non-payment to the full extent of the law and will seek to recover all losses, including (but not limited to) all court costs and attorney fees when applicable.
4. Delivery, Frequency and Make good. All figures relating to the number of advertisements served as determined by KlickonUSA.com shall govern, regardless of whether advertiser/agency is using the services of a third party counter, third party stats, or third party ad server. If KlickonUSA.com fails to provide the guaranteed number of impressions, KlickonUSA.com will make good on this contract. We reserve the right to refund order on a pro-rated basis. We stronly advise you that third party counters are not reliable. When you order our service you agree to make our stats the only stats system as the official stats for keeping record of the traffic which we deliver.
4. Hours of operations: Our normal hours of operations are: Monday - Thursdays from 9:30am to 4:30pm EST. The Customer Service Department is closed Fridays, Saturdays and Sundays. We are also closed for major Holidays. Normally our form mail site will post any unexpected closures or announcements. All customers service related emails will be handled with 48 hours once received during our normal business hours.
4. Key Words and Phrases. KlickonUSA.com offers no exclusivity on keywords or phrases. Each advertiser will be given ranking positions based upon the bid they enter on keywords/phrases.
5. Rejections. KlickonUSA.com reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links, buttons, boxes or banners for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement, link, button, box or banner was previously acknowledged, accepted, or published.
6. Licenses and Indemnification. Advertiser/agency grants KlickonUSA.com the right to use, reproduce, publicly display and distribute advertiser's advertisements and collateral information and warrants that advertiser/agency has the right to grant such license. Advertiser/Agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to KlickonUSA.com. In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable local, state or federal law or regulation. In consideration of KlickonUSA.com's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless KlickonUSA.com and its officers, directors, shareholders, employees, accountants, attorneys, agents, parent, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) advertiser/agency's breach of any covenants, representations and warranties made therein, (ii) KlickonUSA.com's performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by KlickonUSA.com.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL KlickonUSA.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF KlickonUSA.com HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.You may direct any questions concerning the Terms of Service for KlickonUSA.com: KlickonUSA.com
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