Terms and Conditions for
Expertsites LoanStar.net Advertising Program

WHEREAS, Advertiser ("Advertiser", "You", or "Your") desires to accept from Company the service of advertising Advertiser's goods and/or services on and through Company's website; and

WHEREAS, "Visitors" and "Viewers" desire to access Company's website and/or Advertiser's website for the purpose of obtaining information regarding Advertiser's goods and/or services.

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties, intending to be legally bound, agree as follows:

1. Services. Subject to the terms and conditions of this Agreement, Company agrees to perform and provide to Advertiser, the services of advertising of non-exclusive, worldwide storage, presentation, copying, transmission, performance and display of the graphical image files, text, animation, software, links, product or service names, and trade or service marks or names ("Banners") provided by Advertiser on and via Company's website ("Site") and available to persons accessing the Site by means of web browser software.

2. Delivery. Within thirty (30) days of the effective date of this Agreement, Advertiser shall deliver Banner advertisement in common electronic format such as .jpg, .gif, .html, or .bmp. Advertiser shall be solely responsible for providing the Banner in the format required for display on and via the Site. Within fourteen (14) days of Advertiser's delivery of the Banner to the Company, Company shall commence performance of the services. Advertiser acknowledges that Company shall not be responsible for any delays in Company's performance of services in the event the Advertiser fails to deliver the Banner in standard, acceptable formats.

3. Limitation of Delivery. 

Advertisements are displayed on the Expertsites LoanStar.net directory pages or within websites created by Expertsites LoanStar.net. You as the Advertiser agree to indemnify, defend and hold Expertsites LoanStar.net and its licensors, licensees, consultants, contractors, agents, attorneys and employees harmless from and against any and all liability, loss, damages, claims or causes of action, including internal and external legal fees and expenses, arising out of, related to or which may arise from your use of the Expertsites LoanStar.net Directory, your Expertsites LoanStar.net Website, and/or your breach of the terms of this Agreement, including, without limitation, the breach of any representation or warranty.

4. Reporting Statistics. You acknowledge that any statistics provided to you by Expertsites LoanStar.net, including, but not limited to, statistics regarding clickthrough rate, are for purposes of informally measuring viewership and are not guaranteed as to accuracy or fitness for any other purpose.

5. No Warranties. THE Expertsites LoanStar.net ADVERTISING PROGRAM IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY. All content, products and services on Expertsites LoanStar.net or obtained from a website to which the site is linked (a "Linked Site") are neither warranted by Expertsites LoanStar.net nor its parent, affiliates or subsidiaries.

BY USING THIS WEBSITE, YOU FURTHER AGREE THAT Expertsites LoanStar.net AND OTHER PARTIES INVOLVED IN CREATING OR DELIVERING THIS WEBSITE'S CONTENT HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES, CONTENT, OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS WEBSITE. IN REGARD TO ADDITIONAL SPECIFIC SERVICES PROVIDED BY Expertsites LoanStar.net TO ITS CUSTOMERS, ALL MODIFICATIONS TO THIS AGREEMENT MUST BE MADE BY SEPARATE CONTRACT; UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY WITH SUCH SEPARATE CONTRACT EXCEED THE FEES PAID TO US FOR PROVISION OF SERVICES.

BY AGREEING TO THESE TERMS OF USE, YOU AGREE THAT Expertsites LoanStar.net's SOLE AND MAXIMUM LIABILITY FOR ANY ERRORS OR SYSTEM MALFUNCTION, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US FOR THE Expertsites LoanStar.net SERVICES RELATED TO OR ARISING UNDER THIS AGREEMENT.

NEITHER Expertsites Expertsites LoanStar.net NOR ITS PARENT, AFFILIATES OR SUBSIDIARIES IS LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE OR A LINKED SITE, WHETHER OR NOT Expertsites LoanStar.net IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. This limitation includes, but is not limited to, the transmission of any viruses or Trojan horses that may affect a Visitor's equipment, failure of any electronic or telephonic equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure. Expertsites LoanStar.net does not guarantee continuous, uninterrupted or secure access to this Site or a Linked Site.

6. Limitation of Liability.

a. Neither Expertsites LoanStar.net nor its parent, affiliates or subsidiaries are liable for any loss or damage caused by a Visitor's reliance on: (1) any information or (2) any product or service obtained through this Site or a Linked Site. Visitors are responsible for assessing the accuracy and completeness of any information obtained from this Site or a Linked Site.

b. Neither Expertsites LoanStar.net nor its parent, affiliates or subsidiaries are responsible or liable for any inaccuracies, errors or omissions in the Content or in the products or services offered on this Site or a Linked Site.

c. Neither Expertsites LoanStar.net nor its parent, affiliates or subsidiaries is liable in any way for any indirect, special, punitive, consequential, or indirect damages in connection with the use of this Site or a Linked Site or with the delay or inability to use this Site or a Linked Site, whether or not Expertsites LoanStar.net is made aware of the possibility of such damages. This limitation includes, but is not limited to, the transmission of any viruses or Trojan horses that may affect a Visitor's equipment, failure of any electronic or telephonic equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure. Expertsites LoanStar.net does not guarantee continuous, uninterrupted or secure access to this Site or a Linked Site.

d. IN NO EVENT SHALL Expertsites LoanStar.net, ITS EMPLOYEES, AGENTS, ATTORNEYS CONSULTANTS OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES. IN NO EVENT SHALL Expertsites LoanStar.net, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS AGGREGATE LIABILITY UNDER THIS AGREEMENT. ANY CLAIM SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO Expertsites LoanStar.net FOR ADVERTISEMENTS IN THE PRIOR SIX MONTH PERIOD.

e. Without limiting the foregoing, Expertsites LoanStar.net shall have no liability for any failure of, or delay with respect to, your advertisements resulting from any governmental action, natural disaster, computer virus, communications line failure, Internet failure or any other condition affecting production or delivery in any manner that is beyond the control of Expertsites LoanStar.net. Advertiser acknowledges that Expertsites LoanStar.net has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.

f. Unacceptable Content. Company reserves the right, at any time and in Company's sole discretion, to refuse to perform delivery of advertising services with respect to the Banner or any portion thereof that: (1) fails to conform to standard electronic formats (e.g., jpg, gif, .txt, .html); (2) may constitute or is the subject of a notice or claim of any Lanham Act violation, Espionage Act violation, Copyright Act violation, false designation of origin, false advertising, unfair competition under the law of any jurisdiction; (3) contains or is alleged to contain any content, work, name, mark, designation, materials or link that actually or potentially violates any applicable law or regulation or infringes any proprietary, intellectual property, contract or tort rights on any person; or (4) contains any content, work, name, mark, designation, materials or link that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious.

7. Term and Termination

a. Term. The term of this Agreement shall commence on the effective date and shall continue as defined in the written sales agreement.

b. Advertiser Cancellation or Termination. If you are dissatisfied with the Expertsites LoanStar.net Advertising Program or with any of the terms and conditions contained in this Agreement, your sole and exclusive remedy is to terminate your participation. You may cancel any Advertisement or your participation in the Expertsites LoanStar.net Advertising Program at any time for any reason. If you cancel an Advertisement, such Advertisement will be discontinued within 5 business days of Expertsites LoanStar.net's receipt of such notice by e-mail or fax.

c. Expertsites LoanStar.net Cancellation or Termination. Notwithstanding anything contained in this Agreement to the contrary, Expertsites LoanStar.net may, in its sole discretion, terminate or discontinue the Advertising Program at any time or discontinue your participation in the Advertising Program or cancel your Advertisements. Expertsites LoanStar.net may exercise its discretion to so terminate, discontinue, or cancel, as provided for above, for any reason providing notice by e-mail or fax.

d. Effect of Cancellation or Termination. In the event of any termination or cancellation by either Advertiser or Expertsites LoanStar.net, Advertiser shall remain liable for any amount due to Expertsites LoanStar.net before the date of such termination or cancellation, and such obligation to pay shall survive any termination of this Agreement.

e. Advertiser will pay Expertsites LoanStar.net a non-refundable guaranteed payment for all artwork and a minimum of three (3) months of the advertising program for the total amount specified in the Invoice. All promotional advertising agreements are null and void upon termination of this agreement and do not affect the amount owed by Advertiser to Expertsites LoanStar.net.

8. Notices. Unless otherwise set forth in this Agreement, Expertsites LoanStar.net may give general notices to you by posting on the Expertsites LoanStar.net Website and, where possible, by electronic mail to your email address.

9. Indemnification by Advertiser. Advertiser agrees to indemnify, hold harmless and defend Company and its directors, officers, employees, agents, parent company and any subsidiaries from and against any action, claim, demand, dispute, or liability, including reasonable attorney's fees, arising from or relating to (a) any allegation that the Banner infringes a third person's copyright, trademark or service mark, name, trade name, or misappropriates a third person's trade secret, name, likeness or identity; (b) any negligence or willful misconduct by Advertiser; (c) any allegation that the Banner is or causes any Lanham Act violation, false designation of origin, or constitutes false advertising or unfair competition under the law of any jurisdiction; and (d) any sale or license of Advertiser's goods or services to a third person from or relating to the Site or Banner. Advertiser agrees that Company shall have the right to participate in the defense of any such claim through counsel of its own choosing.

10. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to principles of conflicts of law. You agree that the exclusive venue for any disputes arising under this Agreement shall be the state and federal courts located in Maricopa County, Arizona.

11. Severability. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

12. Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Expertsites LoanStar.net. Expertsites LoanStar.net may modify the terms of this Agreement at any time upon notice published on the Expertsites LoanStar.net Website. Any use of the Advertising Program after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.