Advertisers who purchase marketing services from Hilium, LLC 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 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”. Hilium, LLC. shall be referred to as “Hilium”. Hilium makes no warranties, express or implied, other than those presented in this Agreement.
Hilium reserves the right to refuse any advertisement for any reason. Hilium shall be the sole and final authority of whether or not any advertising material is appropriate for inclusion on Hilium fliers/mailers.
——– SERVICE TO BE PERFORMED by Hilium ——–
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Create a 4″ x 3″ display ad that will be included on a mailer with other display ads.
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Mailers will be sent to 1,500 new businesses in your area with your display ad over 30 to 90 days.
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Hilium will buy the list.
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Hilium will print the mailers.
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Hilium will mail the mailers.
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 materials to which users can link through the advertisement.
Advertiser will not (1) place misleading statements in the advertisement; (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 Hilium is original, copyrighted material belonging to Advertiser, or that Advertiser has obtained any and all rights, permissions and licenses necessary for Hilium to use the material in the preparation of Advertiser’s ad on flier/mailer; (2) the use, reproduction, distribution, or transmission of the advertisement will not violate any criminal laws or 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 Hilium 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 services, regardless of cause or fault.
Advertiser agrees to indemnify and hold Hilium, 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 Hilium 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 Hilium 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 Texas. The courts located in the State of Texas, County of Bexar (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 Texas, provided, however, that in order to effectuate service upon Hilium, a copy also must be mailed to Hilium, LLC, 7400 Blanco Rd. Suite 263, San Antonio TX 78216.
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 prior correspondence between Advertiser and Hilium. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
——– CANCELLATION POLICY ——–
Advertiser may cancel this Agreement at any time by giving Hilium written notice via email up to 5 business days prior to the printing date of the ad’s first posting and further provided that there is no outstanding balance with Hilium. Hilium will make every effort to stop the display and distribution of Advertiser’s ad immediately upon receipt of such notice. In turn Hilium may terminate this Agreement immediately by giving written notice to customer if Hilium determines in good faith that Advertiser’s use of the Advertiser website or the Advertiser content violates any term or condition. If Advertiser 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, Hilium shall not refund to Advertiser any fees paid in advance of such cancellation. Advertiser agrees that no refund shall be given after print date of ad. Advertiser agrees that Hilium has no direct control over the actual mailing service and thus will not hold Hilium liable for the delivery of mailers.
Advertiser hereby confirms the above-mentioned advertising on Hilium and that Advertiser shall abide by all the terms and conditions as set by Hilium.