Voice Broadcasting: Terms of Service

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Terms and Conditions of Us

Orders For Advertisements
1.1 Orders. All orders or other requests for advertising, whether from an advertiser (hereinafter "Customer"), or as applicable from an advertising agency or agent on advertiser's behalf (also hereinafter "Customer"), are governed by these standard terms and conditions. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with such orders, including without limitation those contained on or accompanying checks or other forms of payment, shall be binding on Vision Media (hereinafter "Vendor"), whether in conflict with or in addition to these standard terms and conditions. Orders which quote rates which vary from the Rates Listed in Vendor's web site and written material shall not be binding on Vendor, and shall be deemed requests for advertising at then-current rates. Orders are binding on Customer and not subject to cancellation, except as provided below under Cancellation.

Cancellation
2.1 Refunds. Full refunds are given if the request is placed 24 hours before your Voice Broadcast Advertisement is scheduled to run. Once an ad is running, we can not stop it. For this reason, unless you fall into the 24-hour rule above, Vision Media does not offer refunds. Vision Media offers NO REFUNDS for advertising services.

Acceptance
3.1 Unconditional Acceptance. Vendor's offer to publish advertisements for Customer is made on these standard terms and conditions only, and the placement of an order for advertising with Vendor shall constitute Customer's unconditional acceptance of these standard terms and conditions; no acceptance shall be effective until it is received by Vendor.

3.2 Refusal by Vendor to Accept this Agreement. Vendor reserves the right not to publish any advertising in its sole discretion. Failure by Vendor to publish any requested advertisement does not constitute a breach of contract or otherwise entitle Customer to any legal remedy.

Responsibility For Advertisements
4.1 Sufficient Authorization. Customer represents and warrants to Vendor that it is fully authorized to publish the entire contents and subject matter of all requested advertisements (including, without limitation, all text, graphics, URLs, and sites to which URLs are linked), and that all such materials will comply with all applicable laws and regulations.

4.2 Indemnification. In consideration of the publication of advertisements, Customer agrees unconditionally to indemnify and hold harmless Vendor and its respective officers, agents and employees, from and against any and all loss, liability and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out the contents or subject matter of such advertisements, including without limitation claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, and trademark infringement.

4.3 Representations. Customer warrants and represents to Vendor that each Internet site identified by URLs in advertisements: (i) is controlled by Customer and operated by Customer and/or its independent contractors, (ii) will be functional and accessible at all times, and (iii) is in compliance with all applicable laws and regulations, and suitable in all respects to be linked to from the applicable site containing the advertisement. Vendor may test Customer's URLs, and in Vendor's sole discretion may remove any URLs at any time that fail to comply with the above requirements.

4.4 Positioning. Except as otherwise specified by Vendor herein, all order provisions regarding positioning of advertisements shall be treated as requests, which shall be fulfilled at Vendor's sole discretion.

4.5 3rd Party Servers. Vendor reserves the right to refuse advertising buys from third parties that require ads to be served from said third party's servers. All leads will be delivered within 30 business days from the date advertisement is scheduled to run. If your advertisement is not generating an adequate amount of leads, Vision Media reserves the right to redesign your advertisement so it performs better. If your advertisement needs to be redesigned, the time in which you will receive all of your leads could take up to 30-days from the date each subsequent ad is designed and approved. This could mean up to 90-days after the initial co-op begins.

Commitment; Payment Terms
5.1 Liability for Costs. By submitting an order for advertising to Vendor, Customer shall be liable for the cost of such order.

5.2 Total Cost. Customer will pay Vendor the Total Fee due hereunder at the time of Order Submission.

Terms Continued

No Representations or Warranties; No Damages
6.1 Limitation of Warranty. ALL services provided to Customer that are the subject of these terms and conditions are provided without warranties of any nature. Vendor disclaims all warranties, EXPRESS OR IMPLIED, including without limitation any implied warranties of merchantability and fitness for a particular purpose.

6.2 Limitation of Liability. IN NO EVENT SHALL VENDOR BE LIABLE TO CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY VENDOR FROM CUSTOMER FOR THE ADVERTISEMENT(S) AT ISSUE.

6.3 Consequential and Special Damages. IN NO EVENT SHALL VENDOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES WHATSOEVER RESULTING FROM ANY BREACH OF THESE TERMS AND CONDITIONS OR OTHERWISE ARISING OUT OF, OR RELATING TO, THE SERVICES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General Provisions
7.1 Entire Terms and Conditions. These Terms and Conditions, including all attachments which are incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous understandings or agreements, written or oral, regarding such subject matter.

7.2 Governing Law. These terms and conditions are governed by the laws of Texas. Customer consents to the exclusive jurisdiction and venue of courts in Odessa, TX for all disputes arising out of or relating to the subject matter hereof. In the event that any provision of these standard terms and conditions is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions shall remain valid and enforceable, and the unenforceable provisions shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

7.3 Notices. Any notices required under these Terms and Conditions may be hand delivered or shall be deemed received three (3) business days after mailing by U.S. mail, first class, postage prepaid, and addressed as follows:
Vision Media
4315 Esmond Drive, Suite 2203
Odessa, TX 79762

7.4 Section and Paragraph Headings. The section and paragraph headings in this document are for convenience only; they form no part of these Terms and Conditions and shall not enter into the interpretation thereof.

7.5 No Partnership. Nothing in these standard Terms and Conditions shall be deemed to create a partnership or joint venture between the parties and neither Vendor nor Customer shall hold itself out as the agent of the other, except for that specified in this Agreement.

7.6 No Waiver. No delay or failure of Vendor in exercising any right under these standard terms and conditions and no partial or single exercise of any right by Vendor shall be deemed to constitute a waiver of such a right or any other right under these standard terms and conditions.

Vision Media Marketplace^TM
Phone: 800-706-0353 or 432-366-2228