This Advertiser Terms of Service Agreement specifies the terms and conditions under which The Cannabis Club Network accepts advertisements to be displayed on Cannabis Club Network web sites. The Cannabis Club Network Privacy Policy and The Cannabis Club Network Terms of Use are also part of this agreement.
By placing an order for advertising you indicate that you have read this Agreement and you that you accept the terms and conditions specified herein. You agree:
1) That you are solely responsible for complying with all applicable regulatory requirements in connection with your advertisements, including and without limitation, state and/or local regulatory requirements;
2) That your advertising does not, and will not ever, incorporate information which is or may be found to be false, misleading, defamatory, libelous, slanderous, illegal or threatening;
3) That your advertisement and/or any content of your advertising does not and will not infringe on any intellectual property or other rights of any third party.
And You Warrant:
4) That you have the power and authority to agree to be bound by the terms and condition this Agreement;
5) That you have sole right, title, and interest, or that you have written permission, to make use the name, logos, trademarks, and appurtenances of the entity under which you advertise and do business;
6) That you comply with all regulatory requirements in connection with and pertaining to your advertisements, and that you have all necessary rights, permits and licenses under all applicable laws, rules and regulations to provide your advertisements, and any financial rates and information included within such advertisements.
Positioning
Except as otherwise provided in the advertisement order, positioning of advertisements within Cannabis Club Network web sites is at the sole discretion of The Cannabis Club Network.
Content
All contents of advertisements are subject to The Cannabis Club Network approval. The Cannabis Club Network reserves the right to reject or cancel any advertisement, at any time, for any reason whatsoever, without bearing any liability for damages to Advertiser.
Date of Delivery
The Cannabis Club Network will endeavor to deliver the advertisement order on site as quickly as possible, but reserves the absolute right to determine the publication date. In the event of any delay in insertion, such delay will not prejudice any of the terms and conditions herein contained. All quoted dates are intended as a guide only as to commencement of display and do not constitute part of the contract. The advertiser is required to check for possible errors immediately following the placement and make any corrections within the first week after posting.
Payment and Pricing
The Cannabis Club Network charges for and collects in advance for all advertising and services, including renewals. After The Cannabis Club Network processes your advertising order, we immediately delete your credit card number from our computer system. Returned and/or bounced checks are subject to a $35 penalty fee. The Cannabis Club Network reserves the right to suspend or terminate your advertisement and this Agreement if your account becomes delinquent.
The Cannabis Club Network reserves the right to change any pricing. The Cannabis Club Network will provide the advertiser reasonable time allowance prior to any changes. If any price changes results in disagreement between The Cannabis Club Network and the advertiser, The Cannabis Club Network is entitled to terminate the contract immediately and without regard for the stipulated date of increase.
Renewals
Advertisers who would like to renew their advertising information will need to provide The Cannabis Club Network with new payment information. Except as expressly set forth in the advertisement order, any renewal and/or acceptance of any additional advertising order shall be at The Cannabis Club Network's sole discretion. Pricing for any renewal is subject to change by The Cannabis Club Network. The Cannabis Club Network reserves the right to refuse service to anyone for any reason.
Cancellations
Cancellation of this agreement will only be accepted before the end of the advertising month. For advertisers who cancel after the 1st of each month, your advertising package will continue to run until the end of the month. Cancellations are subject to a $100.00 cancellation fee. When you cancel your advertising package, your ad will continue to run until the end of the month. Your credit card will not be billed after you cancel. At the end of the month, your ads will be taken offline or transferred to the Standard Advertising Package, depending on your contract with the Cannabis Club Network.
Refund Policy
Unused portions of advertising contracts are refundable. Already published advertising is not refundable. The Advertiser will need to provide payment information in order for a refund to be processed. Setup fees, cancellation fees, and penalty fees are non-refundable.
Assignment
Advertiser may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract without liability to The Cannabis Club Network.
Usage
Unless otherwise agreed to by The Cannabis Club Network in writing, The Cannabis Club Network makes no guarantee of a particular level of usage or number of impressions for any advertisement. Advertiser acknowledges that statistics provided by The Cannabis Club Network are the official, definitive measurements of The Cannabis Club Network's performance. No other measurements or usage statistics (including those of Advertiser or a third party ad server) shall be accepted by The Cannabis Club Network or have bearing on the advertisement order.
The Cannabis Club Network reserves the right to refuse service to anyone for any reason.
Distribution and Design
The Cannabis Club Network reserves full rights over the design and presentation of the website or publication and from time to time vary the size/or design of the website or publication and amend or alter its color schemes and will not be liable to advise the advertiser of such alterations and any or all such changes shall in no way prejudice the terms and conditions of this agreement. The Cannabis Club Network also reserves the right to place any company types on site.
Satisfaction Guarantee
If, for any reason you are unsatisfied with your service, the Cannabis Club Network will make every reasonable attempt to remedy the problem. If satisfaction cannot be reached by both parties and you are within your first 30 days of service, a full refund will be issued. All remedies must abide by the terms of use and terms of service agreements.
Changed Terms
The Cannabis Club Network has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic mail. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
Indemnification
Advertisements are accepted upon the representation that Advertiser has the right to publish the contents of the advertisement without infringing the rights of any third party and without violating any law. Advertiser agrees to indemnify and hold harmless The Cannabis Club Network and its affiliates against any losses or expenses incurred by The Cannabis Club Network in connection with any claims arising out of publication of the submitted material.
You agree to indemnify, defend and hold The Cannabis Club Network, its affiliates, and their respective officers, directors, owners, agents, employees, and licensors (collectively, the "The Cannabis Club Network Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Cannabis Club Network party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. The Cannabis Club Network reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The Cannabis Club Network's defense of such claim.
Limitation of Liability
In no event shall The Cannabis Club Network be liable for damages of any kind, including, without limitations, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation any loss or damages in the nature of or relating to lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Web site or the Content, or your inability to use the Web site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if The Cannabis Club Network knew of or ought to have known of the possibility of such damages.
The Cannabis Club Network also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the Web site, or any advertiser or sponsor of the Web site ("third-party"). Under no circumstances shall The Cannabis Club Network be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party, and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any Web site linked to or from the Web site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if The Cannabis Club Network knew of or ought to have known of the possibility of such damages.
Disclaimers
IN NO EVENT SHALL THE CANNABIS CLUB NETWORK, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, LOST SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE DATA AND RELATED MATERIALS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT HSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY.
IN NO EVENT SHALL THE CANNABIS CLUB NETWORK, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO THE DESIGN, CONTENT, OR ANY UNAUTHORIZED ACCESS OR ALTERATION TO THE CONTENT OF YOUR ADVERTISEMENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Web site and the Content are provided "AS IS". While The Cannabis Club Network endeavors to provide information that is correct, accurate, current and timely, The Cannabis Club Network makes no representation, warranties or covenants, express or implied, regarding the Web site and the Content including, without limitation, no representation, warranty or covenant that (i) the Content contained in or made available through the Web site or any item(s) made available on or through the Web site will be merchantable quality and/or fit for a particular purpose; (ii) the Web site or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose; (iii) that the operation of the Web site will be uninterrupted or error-free; (iv) that defects or errors in the Web site or the Content, be it human or computer errors, will be corrected; (v) that the Web site will be free from viruses or harmful components; and (vi) that communications to or from the Web site will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Web site and the Content is entirely at your own risk and liability.
Miscellaneous
The parties agree to submit any dispute, of any nature whatsoever, between the parties arising out of or relating to Agreement, to arbitration in San Francisco, California, the proceedings of which shall to be conducted and resolved exclusively pursuant to the rules of the National Arbitration Forum (http://www.adrforum.com/). A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. This Agreement will be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, and the Parties irrevocably consent to jurisdiction and venue in San Francisco, California for any arbitration proceeding or any court action to enforce this Agreement as specifically permitted under this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions, which by their terms or sense are intended to survive. San Francisco Cannabis Clubs reserves the right to refuse service to anyone for any reason.
Entire Agreement
This Agreement represents the entire agreement between you and The Cannabis Club Network and supersedes all prior agreements, written and oral. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect. Any failure by The Cannabis Club Network to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. This Agreement shall bind both you and The Cannabis Club Network and our respective successors and permitted parties.