Advertising Terms of Service
1. This site is owned and maintained by J. Holt & Associates.
2. Applicability and Acceptance of Advertising Terms of Service. By accessing or otherwise using this Site, you expressly agree to these Advertising Terms of Service as a binding legal agreement between you and J. Holt & Associates. J. Holt & Associates reserves the right, at any time, to modify, alter, or update these Terms of Service without prior notice. J. Holt & Associates may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.
3 .Representations and Warranties; Indemnity. You represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform its obligations hereunder; (b) you own (or have the right to use) all content, including all trademarks and copyrighted material, in the Advertising you submitted in your Order; (c) the Advertising and any Web site the Advertising links to will not violate or infringe any law, rule, regulation or right of any third party; (d) you will fulfill all representations and commitments made in any Advertising; and, (e) you will act at all times in accordance with all applicable laws, rules and regulations. You agree to release, indemnify, defend and hold harmless J. Holt & Associates and its affiliates, and each of their officers, directors, shareholders, employees, representatives and contractors, from every claim, liability, expense or injury related to any allegation regarding: the breach of any representation or warranty made, or failure to perform any obligation undertaken by you pursuant to this Agreement; the content of, or representations made in, any Advertising provided by you or on your Web site or any other Web site linked to from your Advertising; and any other content, material or information provided, created or used by you. J. Holt & Associates will have the right to reasonably control the defense of any claim involving J. Holt & Associates and/or its affiliates.
4. Advertising Policies and Practices.
You will not:
5. Payment. Payment is due in accordance with the payment provisions that apply to your Order.
6. License. J. Holt & Associates reserves the right to change the design, look and feel of its online publications at any time for any reason.
7. Advertising Submitted. Confirming your Order for an advertisement ("Advertising") through this Site constitutes acceptance of these Terms of Service, as well as the applicable provisions of the Rate Cards of the publications you selected to publish your Advertising. You shall be solely responsible for the content of all Advertising you request to be published through an Order made through this Site. J. Holt & Associates shall publish the Advertising on a space-available basis. Advertising must comply with J. Holt & Associates advertising policies and practices. J. Holt & Associates may reject or remove any Advertising (or any portion thereof) at any time for any reason. Online Advertising may include a link to your Web site.
Errors. Customer must promptly check proofs of Advertising (if provided to the Customer by J. Holt & Associates) and notify J. Holt & Associates of any errors in the proofs or in published Advertising. J. Holt & Associates does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone. Customer must send any claim for credit or republication in writing to J. Holt & Associates no later than 3 days after the date of publication of the Advertising.
8. Limitation of Liability. If J. Holt & Associates is unable to publish any Advertisement for any reason, J. Holt & Associates shall at its option either (a) provide substitute advertising of comparable value, or (b) refund to you a pro rata portion of the fee you have paid to J. Holt & Associates.
9. Termination. Except as otherwise provided herein, either party may terminate this Agreement for any breach of the terms of this Agreement; provided, however, that in the event of a minor breach, the breaching party shall be afforded a reasonable cure period. J. Holt & Associates may terminate this Agreement immediately if you fail to make any payment required herein. Upon termination resulting from a breach by you, all amounts due under this Agreement shall immediately become due and payable. Upon termination resulting from a breach by J. Holt & Associates, and provided that you are not in breach of this Agreement and except for indemnity obligations which shall survive termination of this Agreement, J. Holt & Associates shall return to you all monies previously paid for services that were not performed and you shall not owe money for Advertising you ordered that J. Holt & Associates did not publish.
10. Rate Cards. This Agreement expressly incorporates the terms and conditions of the Rate Cards that apply to the publications in which you have requested that Advertising be published. If there is any conflict between these Terms of Service and an applicable Rate Card, the Rate Card shall control. If there is a conflict between your Order and the Rate Card, the Order will control. J. Holt & Associates reserves the right to amend the Rate Cards at any given time. Any amendments will apply only to advertisements ordered for publication after the effective date of the amendment.
11. Governing Law. These Advertising Terms of Service will be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Washington County, Oregon.