GENERAL CONDITIONS OF SALE
Products and services are sold subject to the Terms and Conditions which follow. The client agrees to abide by these terms and conditions.
POSITIONING AND PRICING
The positioning and description of AwningResources.com’s products are as described in AwningResources.com’s advertising pages. All prices are quoted per calendar month. Contra ctual obligations shall commence upon the receipt of payment.
All AwningResources.com advertising contracts are twelve-month contracts and may not be cancelled within the specified term. A twelve-month contract has an initial term of twelve months and thereafter is subject to a twelve-month renewal without notice. Twelve-month contracts and renewals thereof remain in force until cancelled by the client as outlined below. A twelve-month contract may be cancelled at the end of the term upon the client giving a thirty-day written notice. For all products the term will commence upon the receipt of payment.
Payment for all advertising products and contract listings will be billed in twelve recurring payments unless described otherwise in this section. Payment for twelve-month advertising banner, footer display and contractor listing contracts shall be accepted 30 days, or more, in advance for the following three calendar month period. For all products the term and ‘live display’ will commence upon the receipt of payment.
AwningResources.com will provide the client with full technical specifications for the promotional material contracted with the client. All material submitted to AwningResources.com by the client must comply with these technical specifications. AwningResources.com has the right to amend any material submitted by the client as necessary to ensure that it meets the required technical specifications.
Right of Refusal or Withdrawal of Advertising
AwningResources.com reserves the right to refuse to accept or to withdraw, without having to specify any reason, any message, advertisement or part thereof having in its text or presentation anything that AwningResources.com considers to be contrary to AwningResources.com’s legal or commercial interests without any obligation to the client.
LIMITATION OF LIABILITY
To the fullest extent permitted by law neither AwningResources.com nor any of its directors, employees or agents will be liable for damages arising out of or in connection with the material carried on the AwningResources.com site(s) for clients or their potential viewers. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third-party claims.
No warranties, representations, or promises, not appearing in these terms and conditions will be recognized.
Any advertising design work carried out by AwningResources.com may only be used on the AwningResources.com site(s) and remains at all times the intellectual property of AwningResources.com, and the invoicing and payment for the carrying of such work should not be construed as the transfer of any copyright or intellectual property rights to such work.
Acts of God or Force Majeure
AwningResources.com shall not be liable for any failure to execute customer orders resulting from Acts of God or by any cause outside the control of AwningResources.com (whether or not involving third parties). AwningResources.com shall give credit in the form of extended advertising periods equal to the period in which the client’s advertising was not carried in the case of advertising which has been paid for but not provided as a result of such Acts of God or Force Majeure.
Use of Media
AwningResources.com reserves the right to keep, sell, display or use any delivered, emailed or uploaded files at any time. Photo sources or credit of any form may or may not be displayed in the use of these files.
Any disputes relating to the creation, the execution and the suspension of the contractual obligations between the parties that cannot reach an amicable settlement will be subject to the jurisdiction of Palm Beach County, Florida.
In any action, litigation or proceeding related to, connected with or arising under this Agreement, the prevailing party shall be entitled to reimbursement of its costs, including attorneys’ fees, including any costs or fees incurred in an appeal, if any.
JURY TRIAL WAIVER
THE UNDERSIGNED WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OR RELATED TO ANY ASPECT OF THE TRANSACTION IN CONNECTION WITH WHICH THIS DOCUMENT IS BEING GIVEN OR ANY DOCUMENT EXECUTED OR DELIVERED IN CONNECTION WITH SUCH TRANSACTION. THIS WAIVER IS KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE BY THE UNDERSIGNED AND THE UNDERSIGNED ACKNOWLEDGES THAT NO ONE HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. THE UNDERSIGNED FURTHER ACKNOWLEDGES HAVING BEEN REPRESENTED IN CONNECTION WITH THE TRANSACTION WITH RESPECT TO WHICH THIS DOCUMENT IS BEING GIVEN AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, SELECTED BY THE UNDERSIGNEDS’ OWN FREE WILL, AND THAT THE UNDERSIGNED HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH SUCH COUNSEL. THE UNDERSIGNED FURTHER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE MEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION.