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
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
Your banner will automatically be removed from Our website and the
resulting open spot will become available to the general public to advertise
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
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
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
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
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
Add, remove, suspend or discontinue any aspect of any Network, limit,
restrict, condition or deny access to or use of all or part of any Zip-Codes.com
program or otherwise change any Service or Your right to use any of our
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
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
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.