DISCLAIMER OF WEBSITE CONTENT / AGREEMENT

Access to this website is provided to you without cost or consideration. The contents of this page and all items accessed through this page are provided on an "AS IS" basis. The owner of this site does not make any warranties regarding the items included on this page and hereby disclaims any and all such warranties, including but not limited to warranties of merchantability or fitness for a particular purpose. The owner of this site shall not be responsible for any damages, incidental, consequential or otherwise, arising from your access to this website. You should not assume that this site or the items available through this site are error-free or are suitable for the particular purpose that you may intended when accessing this site. Items accessible through or contained on this website may contain technical and typographical errors. Content may be changed or deleted without notice.

 

Products and programs may be deleted or changed without notice. The owner of this website assumes no responsibility to police or determine the accuracy or integrity of any information contained on or available through this website and is not responsible for the results of any errors, omissions or defects that may be found to exist in this site or the items/services available by access hereto or for any lost profits or other consequential damages that may result.

 

Not all products, information or services may be available in your jurisdiction. The display of such items accessible by a user within your jurisdiction should not be construed for any purpose to be an offer to provide such product, information, or service in your jurisdiction.

 

The components of this site include link functions through which you may be referred or transported to sites and information located on other servers and or through other websites. These servers may be located anywhere throughout the world. The owner of this site has no control or means of assuring the content of any website accessed through use of the link functions. Furthermore, the owner of this site can make no representation as to the accuracy or integrity of any item discovered using the link functions or whether any items that you may consider to be objectionable or otherwise will be discovered through use of the link functions. Moreover, the owner of this site can make no representation whatsoever regarding the integrity or quality of information, products, service, business ethics, or other matters that may pertain both to sites that you may access through use of the link functions, or to listings or any information found on the HistoricPreservation.com website itself, or on any of its pages. No express or implied endorsement or recommendation can be made as to any third party.

 

You should be aware that the results of your use of this website, or any of its functions may disclose material which you may consider to be objectionable. The owner of this site disclaims all responsibility therefore. Owner can make no guarantee that any use will bring your desired result or that extraneous or objectionable materials will not be disclosed through use of the website or any of its functions.

This Agreement For Internet Advertising Services ("Agreement"), is intended to set forth the general terms and conditions pursuant to which our company, HistoricPreservation.com, 4711 Forest Drive, Suite 3, #305, Columbia, SC 29206 (hereinafter "Advertising Service Provider") agrees to provide certain Advertising Services relative to your Listing Advertisement (hereinafter referred to as your "Listing"), and its Internet website.

The posting of your Listing to the LandscapeArchitecture.com website signifies our agreement to provide you Advertising Services subject to the terms and conditions set forth herein. By authorizing the placement of your Listing, and paying the associated Listing Fee, you agree to accept the terms of this Agreement.

 

Terms of Service:

 

1. We represent to you that we own and operate an Internet Website located at www.HistoricPreservationHistoricPreservation.com (the "Advertising Website") which contains graphical and text-based descriptions of advertised businesses, their components, and their websites ("Listings") along with hypertext and graphical links to said Listings' websites. When the hypertext or graphical links are selected by the party accessing the Advertising Website ("User"), the User is transported to the URL for the Listing's website via a new window.

 

2. You represent to us that you own and operate the Internet website associated with your Listing (the "Advertised Website") and that the current subject matter of the content of the Advertised Website is relevant to its assigned HistoricPreservation.com category.

 

3. By authorizing the posting of your listing to the HistoricPreservation.com website, you request and consent to us providing the Advertising Services described below for a term and amount described in and commencing on the date of your Listing Invoice, Listing Invitation, or Listing Confirmation.

 

4. You agree to submit to us, if necessary, advertising material to be used by us which shall meet our Uniform Advertising Specifications set forth and described in Exhibit "A" below. If we perform the set-up of your Listing for you, you authorize us to make use of the logo, image and/or lettering identifying your Listing and its components, along with other content in accordance with our Uniform Advertising Specifications, directly from your Advertised Website, and to make modifications to such for placement within the LandscapeArchitecture.com Advertising Website. The time period between the date of your Listing Invoice or Listing Confirmation and the actual posting of your listing, which is used by us for the set-up of your Listing, may vary, and shall be considered part of the Listing term indicated on your Listing Invoice.

 

5. We have the right and option, but not the obligation, to reject, in our absolute discretion, your advertising material, if we find that it does not meet our Uniform Advertising Specifications, if it is objectionable to us in any way, if it contains false or misleading information, if it contains any illegal information, if it contains any vulgar or pornographic items, or for any other reason, in our sole discretion. If we reject any of your adverting material, we will notify you. Even after we accept your advertising material, we have the right to remove it if it does not function correctly or for any of the reasons described above. Our placing your advertising material on our pages does not in any way signify our approval of it, or our waiver of the right to object to it in the future.

 

6. We have the right to terminate this Agreement if we remove or fail to accept any of your advertising material that you submit to us, or that we have obtained, in which case any pre-paid advertising fees shall be returned to you. You will not have any damages or other remedies, in law or in equity against us for failing to place or remove any of your advertising material.

 

7. You may periodically request changes to your advertising material which we must also accept. We will charge you a fee (quoted in advance) at our standard fee schedule rate for making changes to your advertising material on our Website. You will provide us with all changed material that you desire to integrate. We will use our reasonable efforts to make the changes that you submit to us within 10 days after we accept the same.

8. We agree to provide you advertising as per the specifications in Exhibit "A' in the formats as described in Exhibit "B" hereto at the pricing rates described on your Listing Invoice or Listing Confirmation.

 

9. We do not guarantee any given amount of Impressions to your website or any of its page as a result of our advertising services.

 

10. We will use our reasonable efforts to make our Advertising Website available for display through the World Wide Web, twenty four hours per day, seven days per week. We are not responsible for periodic downtime for maintenance, backup, acts of God, power outages, and other circumstances beyond our control or which are a normal part of the Internet business.

 

11. We shall not be responsible for tracking Impressions to your website through the advertisements that are included on our Website.

 

12. We make no warranties that the advertising contained on our Website will be free from errors or defects or that the use of the hypertext links or access to our site will be uninterrupted. WE SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL WE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.

 

13. We reserve unto our own discretion all decisions and matters concerning placement and order of your advertisement on pages of our Website, software solutions, hardware configurations and selection, system components, categories & locations of advertising, search engine results and search and/or browse parameters and other matters pertaining to our Website, including, but not limited to its construction, operation, organization, design, navigation, layout, "look & feel" and administration, all of which may change at any time without notice.

 

14. In consideration of our advertising services, you agree to pay the advertising fee indicated on your Listing Invoice or Listing Confirmation.

 

15. We will each retain all proprietary rights in and to our respective websites and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. We do not grant the other any rights in and to such proprietary material except that you hereby grant us a non-exclusive license to use the advertising material that you provide us, or that we obtain from your website in accordance with Paragraph 4 of this Agreement, including your trademarks and copyrights, and the right to hyperlink to your website from our Website during the term of this Agreement. Upon termination of this Agreement, we agree to remove your hyperlink and associated advertising materials from our Website within a reasonable time.

 

16. You represent and warrant to us that the advertising material that you provide us, or that we obtain from your Advertised Website directly, is not false and misleading, does not contain any untrue, defamatory, harmful, abusive, vulgar or obscene materials, is in compliance with all applicable laws, does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights. You also warrant and represent that you have the unrestrictive and exclusive right to use all such materials.

 

17. You will indemnify, defend and hold us harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that you have made to us and otherwise arising directly or indirectly from the placement of your Listing and associated advertising material on our Website.

 

18. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, the predominantly prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "predominantly prevailing party" is defined as the party to this Agreement that is awarded an amount that is at least ninety percent (90%) of the relief sought in the legal action or proceeding.

 

19. We will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond our control.

 

20. You may terminate this Agreement, with or without cause, by giving 60 days advance notice of your intent to terminate. We reserve the right to terminate this Agreement for any reason, with or without cause, upon ten (10) days written notice to you.

 

21. This Agreement and the Exhibits hereto constitute the entire agreement and understanding between us with respect to the subject matter hereof. It supersedes and replaces all previous discussions, negotiations, and understandings between us. This Letter Agreement may only be amended by a written amendment signed by authorized representatives of both of our companies. Interpretation hereof will be under the laws of the State of South Carolina and any legal action shall be brought in Richland County, State of South Carolina. You are not permitted to assign your rights or responsibilities hereunder.

 

22. All notices called for herein shall be to the parties at the addresses on your Advertised Website and our Advertising Website respectively, and shall be by certified United States Mail, return receipt requested or by reputable national overnight delivery service, such as Federal Express.

 

23. If this agreement is not accepted within 30 days of your Listing Invoice, the offer to perform the described services is withdrawn and shall be null and void.

 

EXHIBIT "A"
UNIFORM ADVERTISING SPECIFICATIONS

 

1. Compact Listing Format
- Listing Name (Hyperlinked to Advertised Website)/Listing Telephone Number/Listing Address.
- Listing Logo Image or Identifying Lettering and/or Components(Hyperlinked to Advertised Website)in .jpeg or .jpeg format (114 pixels x 39 pixels) or (123 pixels x 42 pixels).
- Listing Website Address (URL)(Hyperlinked to Advertised Website).

 

2. Expanded Listing Format
- Listing Name (Hyperlinked to Advertised Website)/Listing Telephone Number/Listing Address.
- Listing Logo Image or Identifying Lettering and/or Components(Hyperlinked to Advertised Website)in .jpeg or .jpeg format (114 pixels x 39 pixels) or (123 pixels x 42 pixels).
- Listing Website Address (URL)(Hyperlinked to Advertised Website).
- Imgage Obtained From Advertised Website(Hyperlinked to Advertised Website).
- Narrative Language About Advertised Website Obtained From Advertised Website.
- Power Bar: Four separate hyperlinks to most relevant pages of Advertised Website.

 

3. Special Formats
- LandArchSpec (If Applicable).
- Today's Highlights (If Applicable).
- Featured Listing (Expanded Format)(If Applicable).
- Featured Listing (Compact Format)(If Applicable).

EXHIBIT "B"
ADVERTISING FORMATS

 

Targeted Result Display - Listing will be displayed on Result Pages in response to browse selections by end users of the Advertising Web site and be displayed on the following specific pages of the Advertising Web site:

 

Listing (alphabetical order)

- Latest Listings (This placement will be temporary and in random order).
- Master Alphabetical Listing Name Index.
- Your Category Listings.
- Your Categorical Location Listings (If Available).

 

Featured Listing (Random Order) (If Applicable).

- Specific Feature Box Page indicated on Listing Invoice or Listing Confirmation or as presented on Advertising Website.

Today's Highlights (Random Order) (If Applicable).

- Specific Today's Highlights column indicated on Listing Invoice or Listing Confirmation or as presented on Advertising Website.