Terms and conditions

FORR3NT.com ("Website") and the advertiser ("Advertiser") agree that these terms and conditions and the corresponding Insertion Orders executed by Website and Advertiser and/or from an advertising agency or agent on Advertiser's behalf ("Agency") (collectively, the "Agreement") govern advertisements on the web sites and other properties owned and operated by Website (each, a "Website Site," collectively the "Websites"). Any other conditions, provisions, or terms of any kind appearing in any writing or other communication made in connection with any such order, including without limitation those contained on or accompanying any rate card, insertion order form (other than the Website Insertion Order form), check or other form of payment, shall not be binding on Website and shall not be deemed to modify the Agreement in any manner. Website's offer to publish advertisements for Advertiser is made only on the terms of the Agreement. Advertiser is responsible for any action taken by any Agency in connection herewith.
Order; Cancellation; Fulfillment. Any Insertion Order will be accepted and binding when both Advertiser and Website execute the Insertion Order. Advertiser may cancel any advertisement ordered, in its sole discretion and with or without cause, by giving Website at least fourteen (14) days' written notice (with respect to advertisements) of such cancellation. In the event of such cancellation, Advertiser agrees to pay to Website, within thirty (30) days after the advertisement order is terminated, all amounts not yet paid for all impressions and other placements delivered by Website before the cancellation took effect. Advertiser also agrees that if it cancels its order, Website may rescind upon written notice any discount it had granted off its standard rate card with respect to such order. Website reserves the right to cancel any advertising order and not to publish and/or to remove any advertising or related links at any time, in its sole discretion and with or without cause, and Website agrees to provide notice to Advertiser promptly after exercising such right. Failure by Website to publish any requested advertisement does not constitute a breach of these terms and conditions or otherwise entitle Advertiser to any remedy other than as specified in Section 3 below. Without limitation, Website reserves the right to refuse advertising buys from third parties that require ads to be served from that third party's servers. Except as otherwise expressly provided in the Insertion Order, positioning of advertisements within the Website Site(s) or on any page is at the sole discretion of Website.
Exclusive Remedies. IN THE EVENT OF TERMINATION OR CANCELLATION OF AN ORDER OR BREACH OF THE AGREEMENT, ADVERTISER'S EXCLUSIVE REMEDIES SHALL BE (A) Website'S RELEASE OF ADVERTISER'S COMMITMENTS, AND (B) AT Website'S OPTION, EITHER (I) REFUND TO ADVERTISER OF PREPAID AMOUNTS (IF ANY) FOR WHICH Website HAS NOT PROVIDED CORRESPONDING ADVERTISING OR (II) Website PROVIDING ADVERTISING OF THE TYPE IDENTIFIED IN THE INSERTION ORDER, OR REASONABLY EQUIVALENT ADVERTISING, WITHIN A REASONABLE TIME FOLLOWING SUCH TERMINATION, CANCELLATION OR BREACH. Website WILL HAVE NO OTHER LIABILITY OF ANY NATURE TO ADVERTISER.
Advertiser and Agency Responsibilities.
1. Advertiser hereby authorizes Website to use, link to and publish (as applicable), in accordance with applicable Insertion Order(s), the entire contents and subject matter of all advertisement materials that Advertiser provides from time to time (including, without limitation, all text, graphics, and URLs).
2. All advertisement materials supplied to Website must comply with the then-current "Website Advertisement Specifications & Submissions Instructions," as updated by Website from time to time. Advertiser acknowledges that time is of the essence in providing the foregoing materials to Website and will, in no event, provide Website with advertisement materials less than three (3) days before the start date provided in the Inspection Order for such advertisement . Advertiser hereby irrevocably authorizes Website to modify advertisements provided by Advertiser to Website so that such advertisements fit formats required for publication by Website from time to time. By way of example and not limitation, Website may convert .gif files to another format.
3. Advertiser shall comply, at its sole expense, with all applicable national, state, and local laws and regulations, including without limitation the federal Fair Housing Act.
4. Advertiser warrants and represents to Website that each Internet site linked from, or identified in, the advertisements: (i) is controlled by Advertiser and operated by Advertiser and/or its independent contractors, (ii) will be functional and accessible at all times, and (iii) is in compliance with all applicable laws and regulations, and suitable in all respects to be linked to from the applicable site containing the advertisement.
5. Advertiser hereby represents and covenants that it is fully authorized to grant to Website all rights described in Section 4.a above with respect to all advertisements delivered by it to Website from time to time, and that all such materials will comply with all applicable laws, regulations and other requirements as referenced in Section 4.a. Advertiser and Agency (if any) agree unconditionally to pay promptly when due, and to be joint and severally liable to Website for, all obligations incurred directly or indirectly in connection with any advertising order, including but not limited to all taxes and fees, any and all royalties or residuals which may be owing, and all accounts and other indebtedness of every kind incurred by or on behalf of Advertiser. Advertiser and Agency (if any) also agree unconditionally, and as a joint and several liability between them, to indemnify and hold harmless Website and its affiliates, and their respective officers, agents and employees, from and against any and all claims, damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) suffered or incurred by reason of any claim, proceeding or suit based on or arising out the contents or subject matter of such advertisements, or any sites or materials to which they link (and including without limitation claims for defamation, violation of rights of publicity, privacy, and/or moral rights, and any type of intellectual property infringement). Website will provide reasonable cooperation to Advertiser in such defense and Website reserves the right to control any such defense in the event that Website believes that Advertiser is not effectively protecting Website's rights.
Commitment; Payment; Impression Counts. By submitting an order for advertising to Website, Advertiser and Agency (if any) agree to be jointly and severally liable for all fees payable for such order. Website will begin billing Advertiser for advertising on the start date indicated for such advertising in the Insertion Order, regardless of whether Advertiser has provided Website with the materials necessary for Website to begin displaying the advertising on the start date. Unless otherwise specified in the Insertion Order, Advertiser and/or Agency will pay Website all fees due under their advertising orders in equal payments allocated over the number of months the advertisement is ordered to run. Each payment is due on a net thirty (30) day basis from the date of invoice. All unpaid fees shall accrue interest at the rate of one percent (1%) per month until paid, or the legal maximum, whichever is less, plus all expenses of collection, including collection agency fees and costs. In addition to all other available rights and remedies, Website may cancel and remove any advertisement which is not paid for on a timely basis. The servers of Website or its authorized agents will be the official counters for measuring delivery of advertising impressions and other performance under this Agreement. Advertiser acknowledges that counts of impressions delivered via the Web can legitimately vary based on the counting technology and methodology. If Website does not, for any reason, deliver sufficient advertisements or sponsorships to fulfill Advertiser's order for any given period, Advertiser agrees that Website shall be entitled to remedy such deficiency as described in Section 3.
No Warranties; Limitation of Damages. ALL ADVERTISING IS PROVIDED WITHOUT WARRANTIES OF ANY NATURE, AND Website HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WEBSITE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY), AND EVEN IF WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEBSITE BE LIABLE TO ADVERTISER AND/OR AGENCY FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY WEBSITE FROM ADVERTISER FOR THE ADVERTISEMENT(S) AT ISSUE.
No Use of Names. Neither party will issue any press release or make any public announcement(s) relating in any way whatsoever to this Agreement or the relationship established by this Agreement without the express prior written consent of the other party, which consent shall not be unreasonably withheld, provided that Website may make informational references to advertising on Website and Advertiser's participation therein in publicity and press releases without obtaining Advertiser's consent.
General Provisions.
1. Assignment. Except as set forth in these terms and conditions, neither party may resell, assign, or transfer its rights or obligations hereunder, in whole or in part, without the other party's prior written consent, except that no such consent will be required in connection with a merger, reorganization, acquisition, consolidation, or sale of all, or substantially all, of such party's assets. Any attempt to assign such rights and obligations other than as permitted herein will be null and void. These terms and conditions will inure to the benefit of and bind the parties' respective successors and permitted assigns.
2. Governing Law; Disputes. These terms and conditions are governed by the laws of the State of Wisconsin without regard to its conflicts of laws principles. Advertiser consents to the exclusive jurisdiction and venue of the state and federal courts sitting in La Crosse County, Wisconsin for all disputes arising out of or relating to the subject matter hereof. The prevailing party in any dispute concerning the subject matter hereof shall be entitled to recover its reasonable attorneys' fees and costs.
3. Notices. Any notice in connection with these terms and conditions will be in writing and delivered by (i) personal delivery, (ii) express courier, (iii) confirmed facsimile, (iv) confirmed e-mail, or (v) certified or registered mail, postage prepaid and return receipt requested. Notices will be deemed to be effective upon personal delivery, one (1) day after deposit with express courier, five (5) days after deposit in the mail, or upon confirmation of receipt of facsimile or e-mail. Notices will be sent to a party at its address set forth below or such other address as that party may specify in writing pursuant to this section.
4. No Agency. The parties are independent contractors and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. These terms and conditions will not be construed to create or imply any partnership, agency, or joint venture.
5. Severability, Amendments, and Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, that provision of the terms and conditions will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these terms and conditions will continue in full force and effect. These terms and conditions may be modified, or any rights under it waived, only by a written document executed by both parties and specifically referencing these terms and conditions.
Due to the nature of our service, all sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. No Warranties THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE.