I.Terms for Ordered Products and Services
This Agreement applies to any order, purchase, receipt, delivery or use of any products and services (collectively, “purchased”) from Eye To Ad Media Inc., d/b/a Eye To Ad Media or any of its subsidiaries or affiliates (“Seller”) or an authorized reseller of Seller (“Reseller”), unless you enter into a separate written agreement with Seller.
Advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. You are responsible for paying all taxes associated with your order. Seller may change prices without notice to you before Seller enters your order and may modify and substitute products and components without notice to you prior to shipping. Payment is due at the time stated in your invoice or when product is shipped unless Seller has extended credit to you. Amounts not paid when due bear interest at the rate of 1.5% percent per month (18% per annum) or the highest rate allowed under applicable law, whichever is lower.
III.Limitation of Seller Liability.
SELLER SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS PURCHASER FROM AND AGAINST ANY OR ALL DAMAGES AND COST INCURRED BY PURCHASER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS BY PRODUCTS. SELLER SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY PURCHASER OR ANY OTHER PARTY, OF PRODUCTS DELIVERED TO PURCHASER, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF SELLER. IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY SELLER, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY PURCHASER HEREUNDER. IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH SELLER’S BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING, INSTALLATION, SERVICING, USE OR PERFORMANCE OF ANY PRODUCTS OR INFORMATION SELLER SHALL PROVIDE HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES. PURCHASER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR SUCH DAMAGES. FURTHERMORE PURCHASER AGREES THAT ANY AND ALL ACTIONS PERFORMED BY EYE TO AD MEDIA, INC. ITS SUBSIDIARIES AND SUBCONTRACTORS ONE BEHALF OF PURCHASER, IN REGARDS TO SEO SERVICES, WEB DEVELOPMENT, PR OR OTHER BUSINESS SERVICES; THAT EYE TO AD MEDIA INC. SHALL BE FREE FROM ANY LIABILITY, AND THAT THE PURCHASER WAIVES THE RIGHT TO ANY LEGAL RECOURSE FOR SERVICES PROVIDED BY EYE TO AD MEDIA INC. EYE TO AD MEDIA INC. SHALL NOT BE LIABLE TO PURCHASER, CLIENT OR ANY THIRD PARTY FOR LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCEDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE.
IV. Copyrights and Trademarks
The client guarantees that any and all elements of text, graphics and photos, designs, and trademarks, or artwork furnished to Eye To Ad Media, Inc. for inclusion in the web pages and advertising are fully owned by the client or purchaser or has express written consent to utilize artwork provided to Eye To Ad Meda Inc.
V. Refunds and Returns
There shall be no refunds for any reason. All sales are final. There are no returns or cancellations of services ordered. Furthermore purchaser agrees they will not attempt to issue a credit card charge back for any reason and that purchaser agrees to give up all rights to authorize credit card refunds, credit card charge backs or returns of any type for services provided by Eye To Ad Media Inc.
All products and services are sold “as is” without warranty. Websites and design work receive one revision at no charge. Revisions that exceed one correction will be billed at current flat rate price.
VII. Restrictions on Use.
Eye To Ad Media Inc. will preserve and protect all confidentiality of all confidential information; Eye To Ad Media will not disclose to any third party, excepting its employees,
And subcontractors, the existence, source, content or substance of the confidential information or make copies of the confidential information; Eye To Ad Media will not deliver confidential information to any third party, excepting its subcontractors and employees.
VIII. Dispute Resolution
You and Seller agree that any Dispute between You and Seller will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“Arbitrator”) and conducted under its rules, except as otherwise provided below. You and Seller will agree on another arbitration forum if Arbitrator ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Seller. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person whichever method of presentation You choose. If You prevail in the arbitration of any Dispute with Seller, Seller will reimburse You for any fees you paid to Arbitrator in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than Arbitrator, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C.A. Section 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from Seller, or (iii) any other dispute arising out of or relating to the relationship between You and Seller; the term “Seller” means Seller, Inc, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, and/or any third party who provides products or services purchased from or distributed by Seller; and the term “You” means you, or those in privity with you, such as family members or beneficiaries. Information may be obtained from Arbitrator on line at adr.org or by calling (800)778-7879.
IX. Project Completion
Work shall begin when all preparation materials have been received from purchaser and shall be completed in a timeframe established by the purchaser and Eye To Ad Media.
You may not assign this Agreement without Seller’s written consent. Seller and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from Seller, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Colorado, without giving effect to conflicts of law rules. Please send correspondence regarding this Agreement to: Eye To Ad Media Inc., P.O. Box 19175 Denver, CO 80219.