|
A. All payments are due thirty (30) days from date of invoice. All advertisements must be paid in advance of the inception of the service period. Interest will be charged at rate of 1.5% per month on past due balances. Accounts exceeding ninety (90) days past due will be suspended and Advertiser’s advertising will be removed from the site until full payment is received.
B. Once an order for a Advertisement has been submitted it may not be cancelled without written approval by PACKEXPO.COM, INC.. Should PACKEXPO.COM, INC. agree to cancel an existing order, Advertiser will be responsible for the cost of any work performed or materials purchased in connection with the Advertisement, including the cost of services.
C. PACKEXPO.COM, INC., Inc. reserves the right at its sole discretion, and at any time, to cancel any order for an advertisement or reject any copy or content, whether or not the same has already been acknowledged and/or previously published. In addition, PACKEXPO.COM, INC. reserves the right to remove any advertisement at any time, in which case advertiser (“Advertiser”) shall have a remedy only if removal is without good cause, and such remedy shall be to receive a pro rata refund of amounts already paid, less expenses incurred by PACKEXPO.COM, INC.
D. In the event of material errors or omissions in the content of any advertisement due to the negligence of PACKEXPO.COM, INC., an Advertiser’s sole remedy shall be a timely correction of the same by PACKEXPO.COM, INC..
E. Advertiser represents that its advertisement shall comply with all applicable laws and regulations and will not violate the rights of, or be harmful to, any person, corporation or other entity, and will not infringe any copyright, trademark, or patent rights. Advertiser shall indemnify and save harmless PACKEXPO.COM, INC., and its members, employees, representatives, and shareholders, against all liability, loss, damage, and expense of any nature, including attorneys’ fees, arising out of any claims for libel, invasion of privacy, copyright or trademark infringement and/or any other claim or suit that may arise of out Advertiser’s Advertisement.
F. Advertiser shall reimburse PACKEXPO.COM, INC. for its attorneys' fees and costs in collecting any unpaid charge or portion of any charge for any Advertisement. In addition, future advertising on PACKEXPO.COM, or the purchase of any other service or product of PACKEXPO.COM or its parent organization the Packaging Machinery Manufacturers Institute (“PMMI”), and the right to participate in any event or activity of PACKEXPO.COM or PMMI, may be made contingent upon payment in full of any charge or other amount. Further, payments to PMMI for any product or service may instead be applied to indebtedness related to PACKEXPO.COM.
G. All issues relating to this Contract shall be governed by the laws of the Commonwealth of Virginia, and any action relating to this Contract, including collection for unpaid amounts, shall be brought in the state or federal court for Arlington, Virginia, and the parties hereby consent to the personal and subject matter jurisdiction of such courts and waive the right to raise any objections thereto, including any assertion of forum non conviens.
H. The foregoing terms and conditions shall govern the relationship between PACKEXPO.COM, INC. and Advertiser. PACKEXPO.COM, INC. has not made any representations to Advertiser which are legally binding. Unless expressly agreed to in writing by PACKEXPO.COM, INC., no other terms or conditions in contracts, orders, copy, instruction, or otherwise will be binding on PACKEXPO.COM, INC.
|