Call: 1.888.805.3282, LLC Terms and Conditions

Company agrees to the following Terms and Conditions with respect to any Invoice / Order (“I/O”) from, LLC:

1. Payment: Company will remit payment to, LLC (”eTargetMedia”) in the total amount of the I/O per the terms stated thereon. In the event Company is a broker or agent that disavows responsibility for payment of the I/O if his/her/its client does not pay Company, Company agrees that eTargetMedia shall have the right to contact said client direct for payment on any outstanding balance that is 30 days past due. Outstanding balances that are 30 days past due will be subject to a late fee of 1.5% per month (18% annual) or the highest rate permitted under Florida law, whichever is higher. In the event eTargetMedia engages the services of a collection agency or an attorney to collect any past due amount, Company and/or Company’s client agrees to pay all costs of collection including court costs and reasonable attorneys’ fees.

2. No Refund Policy: Company acknowledges and understands that eTargetMedia has a NO REFUND, NO EXCEPTION POLICY. Company further acknowledges and understands that: (i) all postal orders cancelled after data processing require payment in full;(ii) postal data lists are rented on a ONE TIME USE ONLY basis unless otherwise agreed in the I/O; (iii) email orders cancelled after testing but prior to email deployment require a $250 cancellation fee; (vi) email orders cancelled after campaign approval and deployment require payment in full; and (v) I/Os are based on the matched quantity or the project minimum as stated within the append pricing quoted in the eTargetMedia I/O for which the minimum cancellation fee is $500.00; however, once the match process is begun, payment in full is required.

3. Indemnification: Notwithstanding anything to the contrary under this I/O or any other agreement between the parties, Company shall indemnify, defend, and hold harmless eTargetMedia and any of its third party service providers and/or affiliates from and against any and all liabilities, losses, damages, injuries, third-party claims, suits, and expenses including but not limited to all reasonable attorneys’ fees and costs of litigation that may arise out of Company’s use of the products or services hereunder and/or Company’s breach of its warranties or obligations hereunder.

4. Limitation of Liability: Company agrees that eTargetMedia SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS AND LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY that may arise out of this transaction or Company’s use of eTargetMedia’s products and/or services; under no circumstances will eTargetMedia, its officers, agents, and/or employees be liable to Company under any contract, strict liability, negligence or other legal or equitable theory, for any incidental, indirect, special or consequential damages, or lost profits, revenue or data hereunder even if Company has been advised of the possibility of such damages and even if such damages are foreseeable. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREUNDER, THE LIMIT OF ETARGETMEDIA’S LIABILITY FOR ANY AND ALL CLAIMS HEREUNDER SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID TO ETARGETMEDIA UNDER THE CORRESPONDING I/O.

5. Services; Data; Records: eTargetMedia services (“Services”) include, without limitation, email list rental campaigns, postal data lists, and email append services. Data delivered pursuant to the I/O contains records of persons provided for the purpose of third-party commercial advertising messages and the term “records” includes, without limitation, any or all of the following: email lists, postal data lists, and email appended data. Any and all records provided by eTargetMedia shall be used solely for the purpose as set forth in the I/O and for no other purpose whatsoever without the express written consent of eTargetMedia.

6. Warranties: Each party, where applicable, warrants that: (i) it has full power and authority to enter into this transaction; (ii) all Company campaigns, creative copy and content (“COMPANY Advertisement(s)”) shall be subject to eTargetMedia’s prior approval and eTargetMedia reserves the right to reject any of Company’s ADVERTISEMENTS; NOTWITHSTANDING,ETARGETMEDIA’S APPROVAL OF ANY COMPANY ADVERTISEMENT(S), ETARGETMEDIA SHALL NOT BE LIABLE FOR ANY COMPANY ADVERTISEMENTS THAT ARE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE IN ANY WAY INFRINGING, UNLAWFUL OR DISCRIMINATORY; (iii) neither the data nor the records nor the Company Advertisement(s) will violate the proprietary or intellectual property rights of any third parties; (iv) Company Advertisements shall not contain any content or material which is discriminatory, profane or obscene, or which is illegal in the United States; (v) email marketing campaigns shall be transmitted via email using eTargetMedia-approved Company Advertisement(s) to the “records” from eTargetMedia’s database(s) or affiliate vendors’ database(s) and all such Company Advertisements shall provide email recipients with a clear and concise opportunity to opt-out from receiving future email marketing messages; and (vi) the execution, delivery and performance by each party to this I/O does not and will not violate any law, statute or other governmental regulation. eTargetMedia further warrants that its collection, compilation of and transmittal of the data shall not be in violation of any law, statute or other governmental regulation. EXCEPT AS OTHERWISE SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES PROVIDED BY ETARGETMEDIA, EXPRESS OR IMPLIED. Company acknowledges and agrees that eTargetMedia makes NO GUARANTEE AS TO THE RESULTS OF ANY ADVERTISEMENT(S) and that results may vary based on the offer, the target audience and other variables. While eTargetMedia will make all commercially reasonable efforts to ensure that the I/O is filled within the target audience as outlined in the I/O using specific demographic, geographic, firmographic or business segmentation information as applicable, Company understands and agrees that because email data is self-reported and is based upon the information received upon sign-up, and postal data is subject to constant change, eTargetMedia makes NO GUARANTEES AS TO THE INTEGRITY, ACCURACY OR RELIABILITY OF ANY EMAIL DATA, POSTAL LISTS OR OTHER RECORDS PROVIDED; nor does eTargetMedia MAKE ANY WARRANTIES OR ASSURANCES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR PERFORMANCE RESULTS, including any tracking statistics provided to Company by eTargetMedia. Company further understands that it is paying eTargetMedia for a service and there are no refunds.

7. Entire Agreement; No Modification: The I/O, together with these terms and conditions, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings between the parties, whether written or oral. The terms of the I/O and/or these terms and conditions may only be changed, modified or amended in a writing duly executed by authorized representatives of each of the parties.

8. Counterparts: The I/O together with these terms and conditions may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. A faxed signature shall have the same legally binding effect as an original signature.

9. Force Majeure: Neither party shall be liable for delays or nonperformance hereunder caused by strike, fire, accidents or Acts of God, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.

10. Disputes: Insofar as possible, the parties shall attempt to settle any dispute, controversy or claim arising out of or in relation to the I/O and/or these terms and conditions by mutual consultation and consent. Should the parties be unable to reach such mutual consent and should any party bring any suit or action against the other, the parties agree that the prevailing party shall be entitled to recover the costs of bringing such suit or action (including reasonable attorneys’ fees and costs) from the defaulting or losing party. Any action by either party must be brought within three (3) months from the date of breach or claim.

11. Severability: Should any provisions hereunder be found invalid or unenforceable by a court of competent jurisdiction, such provisions shall be enforceable to the maximum extent permitted by law and/or shall be severed without affecting the validity or enforceability of any other provision.

12. Applicable Law; Venue: Any dispute, controversy or claim arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida exclusive of its conflicts of laws principles and the exclusive jurisdiction and venue for any proceeding brought pursuant to these terms and conditions shall be held in Broward County, Florida and shall benefit and be binding upon the parties hereto and their respective successors and assigns. The parties hereto waive any right to a trial by jury.

13. Authority: The individual signing on behalf of Company represents and warrants that he/she has full authority to bind the Company on whose behalf he/she is signing.