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Terms of ServiceQuestions? 1-800-425-1169
BY CHECKING THE "ACCEPT" BOX, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
This Advertising Membership Agreement is between Zip-Codes.com ("Zip-Codes.com," "We" or "Us") and You ("You" or "Member").
CURRENT PRICING AND TERM OF THIS AGREEMENT:
Current prices range from $10 to $75, depending on the time period chosen. You can advertise Your banner for a period of 3 months to 3 years. Whichever period You choose to advertise, will be Your “term” of this agreement.
Changes in pricing will not affect Your banner space during the term of Your agreement, You will NOT be charged any additional amounts nor will You receive any refunds if the pricing structure changes during Your term of this agreement.
Approximately 30 days prior to Your advertising term expiring, an email will automatically be sent to the email address in Your account information notifying You that your account will expire in 30 days. You then have 30 days to renew Your spot on our website. If You do not follow the appropriate links in this email or log into Your account to renew Your banner advertisement, Your banner will automatically be removed from Our website and the resulting open spot will become available to the general public to advertise on.
You shall have, on the Zip-Codes.com Site, of which You are a member in good standing, an individual account accessible through the Web by use of Your Credentials.
1. These terms may be changed at any time and You should check them periodically for changes. Each use of the site is subject to the Terms of Service in effect at the time of use. By using this site You accept responsibility to Zip-Codes.com and the other users of this site for use of the site in a manner consistent with its intended purpose and these Terms of Service. As a part of this obligation You specifically agree to:
a. Provide only true and accurate information to Zip-Codes.com at all times. You are responsible to ensure that You conform to the specific laws applicable to You in Your jurisdiction.
b. Not attempt to use the site a manner inconsistent with these Terms of Service.
c. Be responsible for maintaining the confidentiality and security of Your Credentials and for all usage of Your account. Absent actual receipt of written notice to the contrary from You, Zip-Codes.com may assume that any person accessing any page using Your Credentials is authorized to do so.
d. Promptly update Your account of any change in Your personal profile.
e. NOT use any language or banner that is not consistent with the terms of this agreement.
f. Understand that ALL sites, banners and text advertisements must be approved by Zip-Codes.com prior to those advertisements going live on the website.
g. NOT ADVERTISE ANY ADULT, SEXUAL, OFFENSIVE, ILLEGAL OR OTHERWISE INAPPROPRIATE BANNER OR SITE AS DETERMINED BY ZIP-CODES.COM’S SOLE DISCRETION.
2. This site is owned and operated by Zip-Codes.com. All contents of this site (except otherwise stated) are the property of Zip-Codes.com and are protected under various laws, including the copyright and trademark laws.
3. Zip-Codes.com may deny access to and use of any Zip-Codes.com account until any preconditions established by Zip-Codes.com are satisfied.
4. You have carefully read this Agreement (including the applicable Network Policies, Additional Terms and Supplements, if any). You fully understand that this Agreement creates legally binding obligations on Your part.
5. You shall independently evaluate the desirability of participating in our advertising Program. You agree that in deciding to participate in our Program, You shall not rely on any representation, warranty, guaranty or statement by Zip-Codes.com other than any representation expressly set forth in this Agreement and expressly stated to be a representation.
6. You agree not to resell, assign, sublicense or otherwise provide to any third person any of Your rights or benefits, or transfer or delegate any of Your obligations, under this Agreement without the prior written consent of Zip-Codes.com
7. Zip-Codes.com reserves the right to remove or otherwise change the terms or provisions of this Agreement or replace this Agreement in its entirety
Zip-Codes.com may notify You of such change by posting a notice on the relevant page or, in its discretion, by e-mail, newsletter, postal mail or personal or overnight delivery. Such change shall be effective when such notice is posted or otherwise given or any other time specified in such notice.
8. You acknowledge and agree that Zip-Codes.com may at any time enroll any person as an Advertiser on terms that differ from those contained in this Agreement
9. You may not Link in any way or for any purpose that infringes or violates any law or any intellectual property or other rights of any third party.
ANY SUPPORT OR SERVICES FROM ZIP-CODES.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZIP-CODES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT THE OPERATION OF ANY SITE, SERVER, EMAILS SENT BY ZIP-CODES.COM, OR REPORTS SHALL BE UNINTERRUPTED OR ERROR-FREE OR WILL NOT CONTAIN OR INTRODUCE VIRUSES OR OTHER HARMFUL ELEMENTS OR COMPONENTS, AS TO THE ACCURACY, RELIABILITY OR SECURITY OF DATA, OF NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL ZIP-CODES.COM OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY OTHER DAMAGES (HOWEVER DENOMINATED) FOR OR BASED ON OR MEASURED BY HARM TO BUSINESS, LOST REVENUES, LOST SAVINGS, LOSS OF OR ON ANY INVESTMENT, LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, COSTS OF REPLACEMENT GOODS OR SERVICES OR OTHERWISE. THIS SECTION SHALL SURVIVE THE UNENFORCEABILITY OR OTHER FAILURE OF ANY PROVISION OF THIS AGREEMENT THAT PURPORTS TO EXCLUDE OR LIMIT REMEDIES OR LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMBER AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO PARTICIPATION IN ANY NETWORK, THE PROGRAM OF ANY MERCHANT OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.
Either You or Zip-Codes.com may, at any time, with or without cause, terminate this Agreement. If You terminate this agreement prior to Your Term expiring, You agree to forfeit the remaining portion of any unused advertising fee previously collected by Zip-Codes.com. If we terminate this agreement without cause, we will refund the proportionate fees unearned by us. If Zip-Codes.com terminates this agreement because of the Member not complying with the terms of this agreement, Member forfeits the remaining portion of any unused advertising fee previously collected by Zip-Codes.com.
This agreement will automatically terminate at the end of a Members term upon non- renewal of advertising space by Member.
Force Majeure. Zip-Codes.com shall not be liable to You by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet access, or any other cause which is beyond the reasonable control of Zip-Codes.com, whether or not similar to the foregoing.
Governing Law; Consent to Jurisdiction. This Agreement shall be governed by the laws of the State of New York. Each party consents to the jurisdiction of the Federal and New York State courts sitting in Dutchess County, New York (and the appellate courts to which judgments of such Federal and State courts may be appealed), and agrees to commence any litigation hereunder in one of those courts.