1. Use of Services and registration
2. Disclaimer of Warranties
The Services are provided by Brokerad, on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Brokerad, makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services in terms of its correctness, accuracy, reliability, or otherwise. Brokerad, shall have no liability for any interruptions in the use of the Services. Brokerad, disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
BROKERAD, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BROKERAD, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BROKERAD, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
5. Modifications to Service
Brokerad, reserves the right to modify or discontinue the Service with or without notice to the Member. Brokerad, shall not be liable to Member or any third party should Brokerad, exercise its right to modify or discontinue the Service.
Member will pay all charges incurred in connection with the Services, in immediately available funds or as otherwise approved by Brokerad, within a commercially reasonable time period specified by Brokerad (e.g., in the Services user interface or IO). Late payments for clients using credit bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Member will pay (i) all taxes and other government charges and (ii) reasonable expenses and attorneys’ fees Brokerad incurs in collecting late payments. Charges are solely based on Brokerad’s measurements for the Services and the applicable billing metrics (e.g., clicks or impressions). Any portion of a charge not disputed in good faith must be paid in full. No party may offset any payment due under these Terms against any other payment to be made under these Terms. Brokerad may, in its sole discretion, extend, revise or revoke credit at any time. Brokerad is not obligated to deliver any Services in excess of any credit limit. If Brokerad does not deliver Services, then Member’s sole remedy is to make a claim for advertising credits within 30 days of the claim period, after which Brokerad will issue the credits following claim validation which must be used by a Brokerad specified date (“Use By Date”). Member understands that third parties may generate impressions or clicks on Member’s Advertisements for prohibited or improper purposes and that its sole remedy is to make a claim for advertising credits within the Claim Period, after which Brokerad will issue the credits following claim validation which must be used by a Use By Date. TO THE FULLEST EXTENT PERMITTED BY LAW, (A) ADVERTISER AND MEMBER WAIVE ALL CLAIMS RELATING TO ANY SERVICE CHARGES UNLESS A CLAIM IS MADE WITHIN THE CLAIM PERIOD AND (B) THE ISSUANCE OF ADVERTISING CREDITS (IF ANY) IS AT BROKERAD'S REASONABLE DISCRETION AND IF ISSUED, MUST BE USED BY THE USE BY DATE. Upon written/email request, unused funds will be returned to Member within 10 business days depending on the original payment method.
7. Third-Party Sites
9. Governing Law
10. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Copyright Infringement
Except as expressly provided herein, Brokerad shall have the sole and exclusive ownership of all right, title and interest in and to the Services, any enhancements thereto, any documentary or other materials regarding the use thereof and related thereto. Brokerad shall remain the sole and exclusive owner of all right, title and interest in and to the Services and related documentation including, without limitation, any patents, patent applications, trademarks (whether registered or not), trade names and copyright in all territories.
Brokerad responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Brokerad provides information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please contact company(at)brokerad.co.
12. Acceptable Use
12.1 You are solely responsible for all aspects of any advertisements or additional materials created, delivered, or managed through your Account or User Name (“Advertisements”). You will conduct all of your marketing, business, and other activities related to the Advertisements and use of the Services in compliance with all local, state, and federal laws, rules and regulations applicable to its business, including but not limited to those of the Federal Trade Commission and state Unfair and Deceptive Trade Practices Acts and the laws of any other state or federal regulatory agency that has jurisdiction over Company’s business activities.
12.2 You agree not to use the Services in connection with, or to promote campaigns or ads containing: (i) content that is an invasion of privacy, degrading, defamatory, libelous, unlawful, profane, obscene, pornographic, hate material, or discriminatory; (ii) content that promotes any illegal activity including without limitation the promotion of gambling where prohibited, illegal substances, software piracy, or hacking; (iii) content that infringes on the personal rights, trademark, service mark, trade dress, trade name, logo, publicity right, copyright, patent rights, or any other intellectual property right of any third party; (iv) content, links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse including but not limited to the sending of unsolicited bulk e-mail and the distribution or use of spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar software; or (v) content that you know to be false or misleading.
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