General Terms and Conditions
Advertisers who place an ad on FloridaHalfbacks.com hereby agree to the following
Terms and Conditions, and fully intend and agree to be bound thereby. These
Terms and Conditions are included and made a part of that Advertising Agreement
as if fully set forth therein. Advertisers who place an ad on FloridaHalfbacks.com
warrant that it has the full right, power, and authority to enter into this
Agreement and to make all of the grants, promises, and covenants herein contained.
The Terms and Conditions and the Advertising Agreement shall be referred to
herein collectively as the "Agreement." FloridaHalfbacks.com is a
service of Leisure Linx, LLC. FloridaHalfbacks.com shall be referred
to herein as "FHB".
FHB makes no warranties, express or implied, other than those presented in
this Agreement.
FHB reserves the right to refuse any advertisement for any reason. FHB shall
be the sole and final authority of whether or not any advertising material
is appropriate for inclusion on www.FloridaHalfbacks.com,
as well as any links to third party web pages included thereon.
Advertisers who submit an advertisement for employment or real estate agree
to obey all applicable anti-discrimination laws, including the federal Fair
Housing Act. Furthermore, it is against the rules of this site to use language
in employment or real estate ads that discriminates on the basis of classes
protected by law, including but not limited to: race or color, national origin,
religion, sex, mental or physical handicap, familial status (families with
children), pregnancy, veteran’s status, sexual orientation, marital status,
and income source.
Advertiser is solely responsible for any legal liability arising out of or
relating to (1) the Advertisement, (2) any claims or misrepresentations made
via the Advertisement, and/or (3) any material to which users can link through
the Advertisement.
Advertisers will not (1) Place misleading statements in the Advertisement (i.e., "You
will win $10,000."); (2) Redirect traffic to a Website other than that
listed by the particular Advertiser; (3) Ask Users to take advantage of other
Ads or offers other than those listed by the particular Advertiser;
Advertiser represents and warrants that: (1) the material provided to FHB
is original, copyrighted material belonging to Advertiser, or that Advertiser
has obtained any and all rights, permissions and licenses necessary for FHB
to use the material in the preparation of Advertiser's web pages and in any
other printed matter prepared by FHB in the normal course of business; (2)
the use, reproduction, distribution, or transmission of the Advertisement will
not violate any criminal laws or any rights, title or interests of any third
party, including, but not limited to, copyright (whether in text, image, software
code or music), patent, trademark, trade secret, or any other proprietary or
property right; and (3) that the Advertisement will not contain material that
includes false advertisements, unfair competition, defamatory material, invasions
of privacy or rights of celebrity, or violations of any anti-discrimination
law or regulation.
Advertiser agrees not to hold FHB responsible for any liability, loss, cost,
claim, damage or causes of action of any kind that it may suffer as a result
of the transactions contemplated hereby, including but not limited to loss
resulting from service delays and incomplete or interrupted service, regardless
of cause or fault.
Advertiser agrees to indemnify and hold FHB, its assigns, employees, and heirs,
harmless from any and all liability, loss, damages, claims, or causes of action,
and/or third party claims, arising out of or related to Advertiser's breach
of any of the foregoing representations and warranties, including reasonable
legal fees and expenses. IN NO EVENT WILL FHB BE LIABLE TO ADVERTISER FOR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT FHB HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement will be governed by and construed in accordance with the laws
of the State of Florida. The courts located in the State of Florida, County
of Lee (State and Federal) shall have sole and exclusive jurisdiction over
any controversies arising out of, relating to, or in connection with this Agreement,
or any breach thereof. Any service of process given to either party via certified
U.S. Mail, return receipt request, shall be deemed to have the same force and
effect as personal service given within the State of Florida, provided, however,
that in order to effectuate service upon FHB, a copy also must be mailed to
Leisure Linx., LLC, 1306 SW 18th St., Cape Coral, FL, 33991. Advertiser understands
and agrees that it is hereby waiving any further objections to choice of law,
venue, personal jurisdiction and subject matter jurisdiction in any legal proceeding
involving the terms and performance of the Agreement brought in accordance
with this paragraph.
This Agreement and any and all exhibits and attachments are the complete and
exclusive understanding between the parties with respect to the subject matter
hereof, superseding and replacing any and all prior agreements, communications,
and understandings (both written and oral) regarding such subject matter. The
terms and conditions of this Agreement will prevail over any contrary or inconsistent
terms in any purchase order or prior correspondence between Advertiser and
FHB. This Agreement may only be modified, or any rights under it waived, by
a written document executed by both parties.
Advertiser may cancel this Agreement at any time by giving FHB thirty (30)
days written notice delivered to Leisure Linx., LLC via email, fax or U.S.P.S.
mail and further provided that there is no outstanding balance with FHB. FHB
will make every effort to stop displaying Advertiser's web pages immediately
upon receipt of such notice. The Advertiser agrees that by canceling the Agreement,
it forfeits all fees paid in advance.
FHB may terminate this Agreement immediately by giving written notice to Customer
if FHB determines in good faith that Advertiser's use of the Advertiser Web
site or the Advertiser Content violates any term or condition. If FHB cancels
this Agreement prior to the end of the Term for Advertiser’s breach of
this Agreement and related agreements, the Advertiser's use of the Services
disrupts, FHB shall not refund to Advertiser any fees paid in advance of such
cancellation and Advertiser shall be obligated to pay all fees and charges
accrued prior to the effectiveness of such cancellation; further, Advertiser
shall be obligated to pay 100% of all charges for all Services for each month
remaining in the Term.
Advertiser hereby confirms the abovementioned advertising on FHB and
that Advertiser shall abide by all the terms and conditions as set by FHB.
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