Conceal & Carry Network hereafter referred to as CCN agrees to display Business Listings and other Advertisements on the Web Site and other pages linked thereto.
Unless terminated for breach of policy this Agreement shall extend for one year from sign-up.
2. Manner of Display and Acceptable Content Description of Advertisement Services:
A. Until this Agreement is terminated according to its terms, the Advertisements will be displayed on the pages of the Web Site as identified above, depending on the availability of space. Advertisement(s) will appear on Web Site in areas designated by their style type
B. Advertiser will provide all artwork as well as link information for the Advertisements.
C. All Advertisements must conform to standards promulgated from time to time by CNN. Any failure of an Advertisement or of the site linked thereto to conform to those standards will constitute a breach of this Agreement.
D. CCN reserves all rights to determine whether artwork or other content submitted for the Advertisements is acceptable for use on the Web Site. CCN may, in its sole discretion, refuse the use of any Advertisements. Advertisement may contain: logo, slogan, individual company website link or other contact information customers may find necessary to use the service. Advertising may not contain: copy that is misleading, indecent, sexually explicit, libelous, unlawful or infringes on the rights of a third party.
3. Price and Payment
Advertiser will compensate CCN for the Advertisements on the terms and times for payment set forth in sign-up pages. CCN reserves the right to seek recovery of any overdue amounts from either or both Advertiser and any of its authorized advertising agents.
4. Relation of Parties
The performance by CNN of its duties and obligations under this Agreement will be that of an independent contractor, and nothing in this Agreement will create or imply an agency relationship between CCN and Advertiser, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties.
The Advertiser warrants that its advertisement does not infringe on the copyright or other intellectual property rights of any third person, business or corporation. The Advertiser further warrants that its Advertisement does not contain any libelous or slanderous materials, does not invade anyone’s privacy, nor contain any obscenity. The Advertiser warrants that it has the unrestricted right to use all trademarks, service marks, logos, graphics, portraits, photographs, pictures and artwork contained in the Advertiser’s Advertisement. This Section shall remain in effect after termination of this Agreement.
6. Limited Warranty
In the event of an error or omission caused by the CCN, then CCN will correct the Advertising within the usual time frame for updating the Web Site, after receiving notice from the Advertiser of the error or omission. Errors or omissions caused by any other party, including Advertiser shall be corrected upon payment of fee described herein. In order to avail itself of the correction remedy, the Advertiser must make a written claim of such an error or omission to CCN. Where such error or omission is due solely to an action of CCN then the Advertisement placement shall extend at no additional charge for a period equal to the date of receipt by Web Site Owner of notice of the error or omission until correction of the error or omission as described in the notice. The Advertiser shall not be entitled to any other compensation for such error or omission due to CCN. The above limited remedies shall apply to all claims, causes of action, damages, fines, penalties or liabilities that the Advertiser may have against CCN, including but not limited to, claims based on breach of contract, torts (such as negligence or recklessness), or product liability.
EXCEPT FOR ANY WARRANTY EXPRESSLY MADE BY WEB SITE OWNER PURSUANT TO THIS AGREEMENT, CCN HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF QUALITY OF ANY COMPUTER PROGRAMS, ANY AND ALL IMPLIED WARRANTIES OF INFORMATIONAL CONTENT, AND ANY AND ALL WARRANTIES AS TO ANY EFFORT MADE TO ACHIEVE A PARTICULAR PURPOSE. CCN MAKES NO WARRANTY THAT THE WEB SITE IS FREE OF VIRUSES OR POTENTIALLY DAMAGING CODE.
Notwithstanding anything in this Agreement to the contrary, in no event will CCN or its employees or agents be liable for any damages or expenses caused by system failure caused by any on-line service or computer system failure, or by any transmission, access or communication problems. Notwithstanding anything in this Agreement to the contrary, CCN is not responsible for the quality of the Advertiser’s advertising to the extent that it may be affected by any operating systems, networks, independent display mechanisms or access to on-line services. In no event will CCN be liable for any consequential, exemplary, incidental, punitive or special damages arising out of this Agreement, including, but not limited to, loss of profit, loss of data or the cost of any alternative forms of advertising, whether based on breach of contract, tort (including negligence or recklessness), product liability or otherwise, even if CCN is informed in advance of the possibility of such damages. CCN’s total liability under this Agreement is limited to the payments received by CCN from Advertiser hereunder for the current term of this Agreement only.
The Advertiser agrees to defend, hold harmless and indemnify CCN, its employees and agents for any and all claims, causes of action, damages, demands, fines, liabilities and penalties arising out of the Advertiser’s breach of any warranty made by the Advertiser pursuant to this Agreement. The Advertiser further agrees to defend, hold harmless and indemnify CCN for any and all claims, causes of action, damages, demands, fines, liabilities and penalties arising out of the Advertiser’s negligent or reckless acts or omissions arising out of this Agreement.
8. No Approval or Endorsement By CCN
The Advertiser acknowledges that Web Site Owner does not approve, endorse or sponsor any product or service contained in the Advertiser’s Advertisement. The Advertiser will not make any representation that CCN approves, endorses or sponsors any of the Advertiser’s products or services. The Advertiser also understands that CCN does not approve, endorse or sponsor any person or company used by the Advertiser for creative, design or other services, even if the Advertiser was referred to such person or company by CCN. The Advertiser acknowledges that CCN may publish advertising of any other entity in the Web Site. Nothing in this Agreement shall be construed to mean or imply that the Advertiser has any license to use any CCN trademark, service mark, logo or trade name.
Any notice, consent or other communication hereunder shall be in writing and shall be deemed to have been duly given only if sent by means of registered or certified mail with postage prepaid to the addresses provided at the beginning of this agreement.
10. Entire Agreement
This Agreement constitutes the entire Agreement between the parties respecting its subject matter, and supersedes all prior agreements, proposals, negotiations, representations and communications relating to the subject matter. There are no agreements, understandings, representations, warranties or commitments, except as set forth herein. This Agreement may be amended only by an instrument in writing executed by the parties hereto.
The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
12. Waiver of Breach
The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. All waivers must be in writing and signed by the party waiving its rights.
13. Governing Law
This Agreement shall be accepted and construed in accordance with the laws of the State of Texas with venue of any action or proceeding in Houston, Texas.
This Agreement may be executed in more than one counterpart and each counterpart shall be construed as an original.