Advertising Terms and Conditions
	Advertiser Terms & Conditions This Agreement is entered into by and between The Free Auction, and you, subject to terms and conditions below. "You" and "Your" mean "Advertiser" the identity of which shall be incorporated herein by reference. General: Allocation of advertising inventory on the The Free Auction is on a first-come, first-served basis. Advertising will be run on the site or group of sites for the time period selected, provided that all ads have been approved by The Free Auction prior to the campaign start date. All creative material is subject to review and The Free Auction reserves the right to refuse any creative materials Inconsistent with The Free Auction content standards. Payment: Initial payment is due at the time an order is placed. Subsequent payments will be charged on a monthly basis for the duration of the campaign. The Free Auction reserves the right to collect from advertisers, their agencies or their agents such monies as are due and payable, including any collection costs and attorney fees. The advertiser assumes full responsibility for paying for the ad. Performance: The Free Auction agrees on a "best efforts" basis to process and place your ads onto those sites or network locations ("Web Sites") and at those prices designated. Further, The Free Auction will utilize its best efforts to fulfill delivery of all contracted campaigns under this agreement, but makes no performance guarantees of any kind, expressed or implied. Right To Refuse: At any time, at its sole discretion, The Free Auction may refuse to run your ad(s), for any reason including without limitation, if The Free Auction judges that your ad(s) do not meet The Free Auction content standards, would be potentially actionable, or would endanger the relationships between The Free Auction and the Web sites. Upon such refusal, The Free Auction shall refund all unearned monies you may have pre-paid. This right to refuse an ad does not constitute endorsement of any ad that is accepted by The Free Auction, nor does it constitute a warranty that The Free Auction will continue to run an ad once accepted. Reporting: The Free Auction will provide you with standard reporting online and will supply you with a unique URL, ID and password to monitor campaign performance. No Warranties as to Performance: The Free Auction makes no representations, warranties or guarantees as to the level of sales, purchases, clicks, sales leads or other performance you can expect from these ads. You acknowledge that you are not relying upon any such representations, warranties or guarantees. Your Representations: In supplying information to be included in your ad, You represent and warrant that a) You are solely responsible for this information, and b) You have full right and title to all information supplied in your ad, and c) You are not infringing on any copyrights, marks, trade secrets, licenses or proprietary intellectual property, and d) You are not committing libel, defamation, or breach of confidentiality, and e) You are not violating any local, state or federal law, including without limitation any law requiring licensure or governmental permission for your advertisement(s). Indemnification: You agree that you are responsible for paying any claims or damages that may arise from third parties as a result of your ad, and that running ads shall be at your sole risk. You indemnify and hold The Free Auction and Web Sites, harmless from any fees, liabilities, claims, losses, damages, judgments or penalties, (including The Free Auction's reasonable attorneys' fees and expenses) including but not limited to claims of libel, defamation, breach of confidentiality, payment of copyright royalties, intellectual property royalties, or damages resulting from actual or alleged infringement, as a result of running your advertisement. This provision shall survive termination of this Agreement. Limitation of Liability: The Free Auction and you agree that this is an Agreement for services and is therefore not subject to the Uniform Commercial Code. THE SERVICES PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS. THE FREE AUCTION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE ADVERTISING SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. The Free Auction shall have no liability as a result of performance under this Agreement for Internet disruption, interrupted service, errors or delays in providing the service, levels of use or impressions, loss of data, failure to provide requested Network subject channels, failure to meet your requirements, loss of brand equity or goodwill as a result of your ad appearing on certain Web Sites, or other injury, damage or disruption to you. YOU AGREE THAT THE FREE AUCTION SHALL NOT BE RESPONSIBLE FOR INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES OR THIRD PARTY CLAIMS, EVEN IF THE FREE AUCTION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any breach or claimed breach, The Free Auction's liability, and Your sole remedy, shall be limited to a refund of unused monies paid to The Free Auction, provided that such refund shall not give rise to or constitute an admission of liability. Miscellaneous: This is the entire Agreement between You and The Free Auction, and supersedes any other agreements, oral or written. This Agreement may be changed at any time. Activation of a campaign shall constitute full acceptance of this Agreement just as though you signed an original copy of it. You and The Free Auction are independent contractors and no partnership or agency relationship is hereby created. You and The Free Auction hereby consent to exclusive jurisdiction of the courts of Platte County, Nebraska. This Agreement shall be interpreted under the laws of the State of Nebraska. Waiver by either party of a breach or right hereunder shall not constitute waiver of any other or subsequent breach or right. If a court of competent jurisdiction deems any provision of this Agreement invalid or unenforceable, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. The Free Auction shall not be in default or otherwise liable for any force majeur, including any delay or non-performance due to Acts of God, civil unrest, strikes or labor disputes, acts of any government body, the elements, or other cause beyond the control of The Free Auction.