ADVERTISER'S REPRESENTATIONS AND WARRANTIES: Advertiser represents and warrants that Advertiser is authorized to enter into this Agreement and is in compliance with all applicable laws and licensing requirements. Advertiser agrees that Advertiser is solely responsible for all materials Advertiser provides. Advertiser warrants that Advertiser has a legal right to use or publish all information Advertiser provides including, but not limited to, all artwork, graphic design, photos, images, text, and/or Internet website hyperlinks. Advertiser warrants and represents that: (a) Advertiser has full power and authority to grant to PostHousing Inc. licenses to any copyrights and trademarks and to any other intellectual property rights related to the advertising for all purposes contemplated under this Agreement; (b) the advertising under this Agreement will not in any way constitute an infringement or other violation of any copyright, trademark, or any other rights of any third party; and (c) PostHousing Inc. will not be required to obtain permission from, or make any payments to, anyone in connection with the exercise of any of the rights granted under this Agreement.
PAYMENT TERMS: All orders are subject to acceptance by PostHousing Inc. in its sole discretion. Payment for all advertising charges is due upon Advertiser's delivery of this Agreement. PostHousing Inc. reserves the right to withhold advertising from its websites for any reason whatsoever and if advertising is withheld, Advertiser's payment for such advertising shall be refunded. Advertiser, and any agent of Advertiser that executes this Agreement, shall be jointly and severably liable for full payment. Should any dispute arise under this Agreement, venue shall be proper in Olympia, Washington and Advertiser and its agent expressly waive any objections to venue or personal jurisdiction therein. In any legal action, the prevailing party shall be entitled to award of reasonable attorneys' fees in addition to any relief granted.
CANCELLATION POLICY: Advertiser has a period of three (3) days from the date payment is received (the "Cancellation Period") to cancel their Advertisement. You must notify us during the Cancellation Period either by telephoning the Advertising Manager at 800-520-0549 or emailing us at inquiries@posthousing.com. If proper notice is received within the Cancellation Period, you will be issued a refund of the amount paid for the advertisement less a $50 processing fee. After expiration of the three (3) day Cancellation Period, no refund will be issued.
INDEMNIFICATION: Advertiser agrees to indemnify, hold harmless, and defend PostHousing Inc., its affiliates and their owners, Directors, officers, employees, and agents against any and all claims, demands, suits, damages, expenses, attorneys' fees, or any other liability resulting from any breach of Advertiser's warranties and representations contained in this Agreement, or the content of any advertising provided by Advertiser. This Agreement reflects the entire agreement of the parties with respect to the subject matter herein.
AD CONTENT AND INTELLECTUAL PROPERTY RIGHTS: Advertiser assumes sole responsibility for the protection of its copyrights, patents, trademarks, trade names, trade secrets, service marks and other intellectual property rights in all of Advertiser's content. Unless specifically communicated by PostHousing Inc. to Advertiser in writing, PostHousing Inc. does not guarantee any specific position on the screen for Advertiser's advertisement, nor the appearance of such advertisement under any particular menu or heading.
DISCLAIMER: Advertiser acknowledges that "www.posthousing.com" is an innovative service offered by PostHousing Inc., which is a private enterprise and not a governmental organization. PostHousing Inc. makes no warranties whatsoever, whether express or implied, about www.posthousing.com or the use or operation thereof, and hereby disclaims any warranties of merchantability, fitness for a particular purpose, freedom from error, or uninterrupted use. Any liability of PostHousing Inc. under this Agreement shall be limited to the fees paid by Advertiser under this Agreement.
DATA PROTECTION: Certain individuals serve as Independent Advertising Sales Representatives for PostHousing Inc.. These persons are independent contractors and are neither employees, nor agents, of PostHousing Inc., and PostHousing Inc. accepts no responsibility for their conduct. With regards to your submission of any confidential or financial data, you are encouraged to submit such information directly to PostHousing Inc. through this website rather than provide such information to any third-party, including any Advertising Sales Representative.
ACCEPTANCE OF ADVERTISING CONTRACT: By executing this Agreement Advertiser and its agent (if any) agree to be bound by the terms of this contract, and request PostHousing Inc. to insert the above-indicated items/links of advertising in/on www.posthousing.com, for which Advertiser agrees to pay in accordance with this Agreement.
