IARP Website Advertising Program Terms and Conditions
Advertiser Representations and Warranties
The Advertiser is responsible for any liability arising out of or relating to any Ad and Advertising Materials provided by the Advertiser hereunder and any material to which users can link through such Ad (“Linked Content”). The Advertiser represents and warrants that no part of the Ad, Advertising Materials or Linked Content will: (a) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (b) violate any law, statute, ordinance or regulation, including, without limitation, laws and regulations governing export control, false advertising or unfair competition; (c) be defamatory or libelous; (d) be pornographic or obscene; or (e) contain viruses or other similar harmful or deleterious programming routines.
DISCLAIMER OF WARRANTIES
IARP PROVIDES ITS PUBLICATIONS, WEBSITES, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. IN THE EVENT OF ANY ERROR OR MALFUNCTION IN THE DISPLAY OR DISTRIBUTION OF ANY AD, IARP’S SOLE OBLIGATION WILL BE TO REPRINT OR REDISPLAY THE AD AS SOON AS REASONABLY FEASIBLE. IARP DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE AND EXPRESSLY EXCLUDES ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL IARP BE LIABLE BE LIABLE FOR ANY LOSS OF PROFITS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES OR LOSS OR CORRUPTION OF DATA OR INFORMATION, OR PURE ECONOMIC LOSS, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THIS ADVERTISER AGREEMENT INCLUDING ANY ADVERTISING ORDER REQUEST (EVEN IF IARP WAS ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING). UNDER NO CIRCUMSTANCES SHALL IARP BE LIABLE TO THE ADVERTISER OR ANY THIRD PARTIES FOR AN AMOUNT GREATER THAN THE AMOUNTS RECEIVED BY IARP UNDER THE RELEVANT ADVERTISING ORDER IN RELATION TO WHICH SUCH LIABILITY MAY ARISE. IN LIEU OF REFUND, IARP SHALL BE PERMITTED TO CAUSE THE PLACEMENT OF “MAKE-GOOD” ADVERTISING, IF THE “MAKE-GOOD” ADVERTISING IS PROVIDED WITHIN A REASONABLE PERIOD OF TIME AFTER THE LIABILITY HAS ACCRUED.
Indemnity
The Advertiser agrees to indemnify, defend, and hold harmless IARP and its affiliates, directors, officers, agents and representatives for and from any claims, liabilities, losses, costs and expenses (including reasonable legal fees and disbursements) resulting from or arising out of (a) the acts or omissions or breach of this Advertising Agreement by the Advertiser as applicable (including Advertiser’s Representations and Warranties set forth above), (b) the content or subject matter of any Ad or Advertising Materials, or (c) any violation of any applicable laws, rules, regulations, industry guidelines or policies, including without limitation relating to any end user or other data that it may collect or have collected in relation to the Ads placed according to the Insertion Order.
Advertising Orders are not refundable once placed. Advertising term orders are automatically set to renew on a recurring basis for the term purchased. Advertiser may cancel their next advertising term renewal anytime up to 5 days prior to the ad renewal date for any reason which will cancel the upcoming renewal.
Advertisers may submit an ad of their creation for their advertisement which must meet all specs as outlined on the respective ad page. IARP, in its sole discretion, may reject an ad if it does not meet our standards or for any reason whatsoever. If an ad is rejected IARP will notify the advertiser by email and advertiser will have the opportunity to modify the ad and resubmit.
If Advertiser opts to use the Ad Creation Service, the ad creation fee is is non-refundable. Ads created within the Ad Creation Service for Advertisers at the IARP website may not be used elsewhere or copied or displayed in any manner other than for the purposes of the said advertisement at the IARP website due to licensing requirements and copyright restrictions.
Additional
This Advertising Agreement, including these Advertising Program Terms and Conditions and associated Advertising Order(s), sets forth the entire agreement of the parties and supersedes any and all prior oral or written agreements or understandings between the parties as to the subject matter hereof. Only a written addendum signed by both parties may change this. This Advertising Agreement will be governed and construed in accordance with the laws of the State of Arizona. The Advertiser and IARP agree to submit to the exclusive jurisdiction of the courts of Phoenix, Arizona. If any provision of this Advertising Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
