Women of Wisdom Advertising Terms & Conditions
The following terms and conditions advertising agreement shall govern the relationship between Women’s Ecommerce Association, Int’l dba Women of Wisdom (herinafter referred to as Women of Wisdom) and Advertiser:
1. Terms of Payment
Payment is due in full prior to starting any advertising on the Women of Wisdom website.
Advertiser will be invoiced on the first day of the contract period set forth by this agreement. Payment shall be made to Women of Wisdom within thirty (10) days from the date of invoice. In the event of any failure by Advertiser to make payment, any Advertising currently on the Women of Wisdom Website will be removed until such time as advertising cost is paid.
2. Positioning
Except as otherwise expressly provided by Women of Wisdom, positioning of advertisements on the Women of Wisdom web site is at the sole discretion of Women of Wisdom. Advertiser acknowledges and agrees that, except as provided herein, Women of Wisdom has not made any guarantees, inducements, warranties or other representations with respect to usage statistics or levels of impressions for any advertisement. In some cases, Women of Wisdom provides the Advertiser with estimated usage statistics, but this is done only at the request of, and as a courtesy to, the Advertiser, and the Advertiser acknowledges and agrees that any such statistics are expressly excluded from these Terms & Conditions. Women of Wisdom shall not be held liable for any claims whatsoever relating to such usage statistics.
3. Renewal
Except as expressly set forth by Women of Wisdom, any renewal or acceptance of any additional advertising order shall be at Women of Wisdom’s sole discretion. Pricing for any renewal period is subject to change by Women of Wisdom from time to time.
4. No Assignment or Resale of Ad Space
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 Women of Wisdom.
5. Limitation of Liability
To the full extent permitted by law, Women of Wisdom’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, in the case of goods, at Women of Wisdom’s option, to (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired, and in the case of services Women of Wisdom’s liability is limited, at Women of Wisdom’s option, to (a) the supply of the services again or (b) the payment of the cost of having the services supplied again.
In no event shall Women of Wisdom be responsible for any consequential or special damages, lost profits or any other damages arising from any failure to publish any advertisement timely or otherwise. Without limiting the foregoing, Women of Wisdom shall not have any liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of Women of Wisdom affecting production or delivery in any manner.
6. Advertisers Representations; Indemnification
Advertisements are accepted only on the condition that the Advertiser warrants to Women of Wisdom that the Advertiser has the right to publish the advertisement without the infringement of any rights (including copyrights) of any party. In consideration of Women of Wisdom publishing the advertisement, the Advertiser indemnifies and holds Women of Wisdom harmless against any and all claims for any form of damages, losses, costs injury or harm sustained by Women of Wisdom or any other party (including all reasonable fees of any legal advisers) in consequence of the publication of, or any act or omission in relation to, the advertisement and/or any material of the Advertiser to which users can link through the advertisement. The Advertiser warrants that all product specifications, performance, service and other claims contained in the advertisement can be fully substantiated and are in conformity with relevant National and State laws, including all other forms of regulation.
7. Submitting of Advertising Materials
Advertiser will provide all materials for the advertisement (including GIF or JPG files), in accordance with Women of Wisdom’s policies in effect from time to time, including (without limitation) the manner of transmission to Women of Wisdom and the time prior to publication of the advertisement. Unless otherwise expressly agreed to by Women of Wisdom and the Advertiser, advertisements shall be submitted in either banner or button format. Unless otherwise expressly agreed to by Women of Wisdom and the Advertiser, button advertisements shall be submitted in GIF or JPG format exactly 125 X 125 pixels in width and height. No flash or java will be accepted. Total file size of button advertisements shall be less than 16 kilobytes. Women of Wisdom shall not be required to publish any advertisement that is not received in accordance with such policies. Women of Wisdom will not be liable for any form of damage, loss, costs, injury or harm sustained by the Advertiser or any other party in consequence of or resulting directly or indirectly out of any delay or error in, or omission, cancellation, publication or transmission of, any advertisement.
8. Right to Reject Advertisement
Women of Wisdom reserves the right to reject, remove or cancel any advertising, space reservation or position commitment at any time and for any reason in its sole discretion
9. Cancellations
Except as otherwise provided, this advertising agreement is non-cancelable by Advertiser and no payments are refundable.
10. Construction
No conditions other than those set forth in theseTerms & Conditions shall be binding on Women of Wisdom unless expressly agreed to in writing by Women of Wisdom.
11. Binding Agreement
By placing advertising with Women of Wisdom, advertiser agrees to be bound by these terms and conditions. These terms and conditions shall be governed by and construed in accordance with the substantive laws of the state of Florida. Any civil action or proceeding arising out of or related to this contract shall be brought in the courts of record of the State of Florida, Broward County or the U.S. District Court for the Broward County Florida. Advertiser and agency each consent to the jurisdiction of such courts and waive any objection to the laying of venue of any such civil action or proceeding in such courts. The parties hereto expressly intend the provisions of this Agreement to confer a benefit upon and be enforceable by, as third-party beneficiaries of this Agreement, the third persons referred to in, or intended to be benefited by, such provisions. No failure or delay by the Women of Wisdom in exercising any of its rights, powers or privileges hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof.
