INTRODUCTION: Biz-stay.com provides you access to the Biz-stay.com website for advertising purposes, subject to your compliance with the terms and conditions below
(the "Agreement"). Please read this Agreement carefully. By enrolling as an "Advertiser," you agree to be bound by these terms and conditions, including all payment terms
(collectively, the "Agreement"). In this Agreement, "you" and "your" refers to the Advertiser.
DEFINITIONS: For purposes of this Agreement, a "Listing" is a graphic image, accompanied by HTML text and a hyperlink to an external website, and "Biz-stay.com
Advertising" is the process by which Advertisers have Listings placed on the Biz-stay.com website at www.biz-stay.com, subject to Biz-stay.com's policies. A "Click" is
a selection of a hyperlink (by a Biz-stay.com website user) which directs the user to the Listing's website. Biz-stay.com reserves the right to not place your
Listing(s), and/or discontinue your Listing(s), should they be considered inappropriate for any reason by Biz-stay.com administrators. In all cases Listings must be
submitted in the form requested by Biz-stay.com.
PAYMENT: You agree to pay Biz-stay.com all applicable charges to your account in United States dollars, in accordance with the terms of this Agreement, including, if
any, all applicable taxes. You agree that deposits to your account are nonrefundable, except as specified in the section entitled "REFUNDS". You understand and agree
that for Banner Ads you will be charged for all Listing Clicks, and that such charges will be based on the number of Clicks as tracked by Biz-stay.com, multiplied by
the corresponding cost per Click, as specified at www.biz-stay.com/pa/home.cfm?page=get_listed. You understand and agree that if your account balance reaches zero, your
Listing(s) will no longer appear on the Biz-stay.com website, until funds are
deposited into your account. You may
pay Biz-stay.com by credit card, charge card, check or wire transfer. You agree and represent that all information you provide for the purpose of enrolling as an
Advertiser will be accurate, complete and current. Your right to access your account with Biz-stay.com is subject to any limits established by Biz-stay.com, its
contractors, or by your credit/charge card issuer. If payment cannot be charged to your credit/charge card, for whatever reason, or if there is a chargeback for any
reason, Biz-stay.com reserves the right to either suspend or terminate your account with Biz-stay.com. Suspension or termination includes but is not limited to,
removal of your Listings from the Biz-stay.com website.
REFUNDS: Refunds will in all cases be limited to your account balance at the time of refund, less any bonus deposits contributed by Biz-stay.com during the life of your account. You will be entitled to a refund under the following conditions: (a) Your account is terminated by Biz-stay.com. (b) Biz-stay.com discontinues Advertising services or otherwise becomes unable to provide Advertising services. (c) Advertising rates are increased for Biz-stay.com website pages on which you have Listings in place and you request termination of your account within 7 days following such rate increases. Biz-stay.com will provide email notification to all affected Advertisers of such rate increases a minimum of 48 hours in advance of the rate increase taking effect.
ADVERTISER'S RIGHTS AND RESPONSIBILITIES: (a) Advertiser Submissions: You may submit your material for your Listing(s) either by email sent to [email protected] or by using the Place Listing form accessible from your account log-in located at www.biz-stay.com/pa/home.cfm?page=log-in. Biz-stay.com reserves the right to reject or remove any Listing at its discretion. You represent and warrant that all information on the website to which the Ad is linked, (i) does not violate any law or regulation; (ii) does not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) is not false or misleading; and/or (v) is neither defamatory, libelous, slanderous or threatening. (b) Accepting Biz-stay.com editorial authority: Biz-stay.com reserves the right to edit or refuse any Listing at its discretion at any time.
YOUR SITE: You hereby acknowledge that Biz-stay.com is not responsible for the maintenance of your website(s) nor is Biz-stay.com responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your website(s). You must update your Listing(s) if any information is not a current and accurate description of information available on your website. You further acknowledge that your site does not contain any Biz-stay.com owned or licensed content except pursuant to a separate signed affiliate agreement with Biz-stay.com.
REPRESENTATIONS AND WARRANTIES: You represent and warrant that you have sufficient authority to enter into this Agreement. You represent and warrant that each of your Listings meets and shall meet the standards and requirements of the Advertiser Rights and Responsibilities section above.
INDEMNIFICATION: You hereby agree to indemnify and hold harmless Biz-stay.com, its information providers, licensors, licensees, consultants, contractors, agents, attorneys and employees from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, that may arise from your use of Biz-stay.com Advertising and/or your website and/or your breach of the terms of this Agreement, including, without limitation, the breach of any representation or warranty. You agree to be solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and Biz-stay.com. Biz-stay.com reserves the right to terminate or suspend the account of any Advertiser that may violate any of the terms in this Agreement.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF BIZ-STAY.COM ADVERTISING IS AT YOUR OWN RISK. BIZ-STAY.COM ADVERTISING IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER BIZ-STAY.COM NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING BIZ-STAY.COM ADVERTISING, THE SUCCESS OF YOUR AD(S) AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH BIZ-STAY.COM AND/OR BIZ-STAY.COM ADVERTISING OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. BIZ-STAY.COM HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF BIZ-STAY.COM ADVERTISING AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH BIZ-STAY.COM ADVERTISING; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
ANY LIABILITY OF BIZ-STAY.COM, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, ATTORNEYS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO BIZ-STAY.COM FOR PLACEMENT OF ADS IN THE PRIOR SIX MONTH PERIOD. IN NO EVENT SHALL BIZ-STAY.COM, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, ATTORNEYS OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE BIZ-STAY.COM ADVERTISING OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU WILL NOT HOLD BIZ-STAY.COM RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH BIZ-STAY.COM ADVERTISING, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM BIZ-STAY.COM CONTRACTS TO OPERATE VARIOUS PORTIONS OF BIZ-STAY.COM ADVERTISING AND THOSE TO WHOM BIZ-STAY.COM PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
CANCELLATION OR TERMINATION: If you are dissatisfied with Biz-stay.com Advertising or with any of the terms and conditions contained herein, your sole and exclusive remedy is to terminate your account. You may cancel your participation in Biz-stay.com Advertising at any time by sending a message to [email protected] Notwithstanding anything contained in this Agreement to the contrary, Biz-stay.com may, in its sole discretion, terminate your account, and discontinue your participation in Biz-stay.com Advertising. Reasons for Biz-stay.com's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, if Biz-stay.com believes that you violated this Agreement or other policies or guidelines of Biz-stay.com, or if Biz-stay.com believes your conduct may be harmful to other consumers, advertisers or licensees who participate in (or offer to its users) Biz-stay.com Advertising. All decisions made by Biz-stay.com in this matter will be final and neither Biz-stay.com nor its licensees (or distributors) shall have any liability with respect to such decisions.
IMPORTANT: CANCELLATION OR TERMINATION MAY ENTITLE YOU TO A REFUND. PLEASE SEE THE SECTION ENTITLED "REFUNDS" FOR MORE INFORMATION.
USE OF BIZ-STAY.COM ADVERTISING SUBMISSIONS: By submitting material to Biz-stay.com Advertising you are irrevocably granting Biz-stay.com the right to use all parts of the material, without limitation, as if it were in the public domain.
NOTICES: Biz-stay.com may give notices to you by electronic mail to your email address. You may give notice to Biz-stay.com by email to [email protected]
CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of California, United States of America. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts located in Los Angeles.
OTHER: This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between you and Biz-stay.com. Biz-stay.com may change this Agreement at any time upon notice published on Biz-stay.com Advertising or any one of Biz-stay.com's Web sites or by email notification to you. Any use of Biz-stay.com Advertising after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications. Biz-stay.com reserves the right to discontinue offering Biz-stay.com Advertising at any time.