This Site gives users the ability to request quotes from media sellers (“Media Sellers”) for billboards and other non-traditional media in a designated geographic area (the “Quote Service”). While Provider expects each Media Seller participating in the Quote Service to promptly respond to any inquiry from Site users, Provider does not and cannot represent and warrant or guarantee any of the following: (1) the performance or results of the Quote Services provided by any Media Seller will be satisfactory to you; (2) any Media Seller will promptly or professionally respond to any inquiry submitted through the Site or other correspondence or that there is a Media Seller to respond to a request for quote; or (3) the Quote Service or any Media Seller will meet your standards.
Provider Is Not a Dealer, Broker or Agent
The Quote Service is a non-traditional media referral service. Provider does not buy media and is not a Media Seller. Moreover, Provider is not a media broker and does not act as a buyer’s or seller’s agent. Provider is not a party to a transaction between any Media Seller and media buyer and is not compensated based upon the success or failure of any transaction between the Media Seller and the media buyer.
Any retail or invoice prices appearing on the Site are for educational purposes and do not reflect the actual selling price of a particular piece of media and do not include additional fees, such as taxes and fees, printing or posting. The actual price for the media and the conditions of sale for media will be the result of your negotiation and agreement with the Media Seller.
The results of the Quote Service can only be returned due to (i) the results not meeting the specifications given to Provider by you before your receipt of such results and/or (ii) the results matching information already obtained by you through the operation of your own Web site. Should you desire to return the results of the Quote Service, you shall notify Provider of such desire within 24 hours of receipt. Failure to notify Provider of your desire to return the results of the Quote Service within 24 hours of receipt shall constitute purchase of the results and you will be billed accordingly.
All information and content available on this Site (collectively, the “Content”) is protected by copyright and other intellectual property laws. The Content is owned by the Provider and its respective licensors (collectively, “Licensors”). While you may interact or download a single copy of any portion of the content for your use or information, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Provider.
The Content includes certain trademarks and service marks owned by Provider. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. Other product and company names herein may be trademarks of their respective owners.
Links to Third Party Sites
This Site may contain links to and/or may frame websites operated by parties other than Provider. Such hyperlinks are provided for your reference only. Provider may not control such websites and is in no way responsible for their contents. Provider’s inclusion of hyperlinks to such websites does not imply any endorsement of such websites or the materials thereon.
The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to Provider’s customers or others; (b) engaging in activity that is fraudulent, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (c) engaging in commercial activities and/or sales without Provider’s prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes, (d) using the Site’s lead forms to advertise or promote products and services to Provider’s customers, (e) using any robot, spider, other automatic device, or manual process to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without Provider’s prior expressed written permission; (f) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (g) decompiling, reverse engineering, disassembling, or otherwise attempting to obtain the source code for the software underlying the Site; or (h) taking any action that imposes an unreasonable or disproportionately large load on the Site’s hardware and software infrastructure.
You agree to defend, indemnify, and hold Provider, its Licensors, and its and their respective parents, affiliates, subsidiaries, officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or expenses, including attorneys’ fees, arising from: (i) your use of the Site or the Quote Service, or any reliance on the Content, (ii) your breach of these Terms of Service, or (iii) any actual, prospective, or terminated sale or other transaction between you and a Media Seller.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE AND QUOTE SERVICE AND RELIANCE ON THE CONTENT IS AT YOUR OWN RISK. PROVIDER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE QUOTE SERVICE, CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, QUOTE SERVICE, AND CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, QUOTE SERVICE, OR CONTENT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE).
You understand and agree that in Provider’s sole discretion, and without prior notice, Provider may terminate or suspend your access to this Site. You further agree that monetary damages may not provide a sufficient remedy for your violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without posting of a bond.
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. These Terms of Service will be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Franklin County, Ohio within one (1) year after the cause of action arises or the cause is barred. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Provider to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties.