CrossDaily.com Advertising Terms and Conditions

By participating in CrossDaily.com's Advertising Program (as defined below), you are entering into a binding and enforceable legal agreement with CrossDaily.com as set forth below. You represent and warrant that you are authorized to enter into this agreement. You understand that any website(s) you have listed with CrossDaily.com may be viewed by consumers who access your site(s) through CrossDaily.com or any licensed affiliate of CrossDaily.com. Please read these Terms and Conditions carefully since, by participating in the CrossDaily.com Advertising Program, you are signifying your assent to this agreement. As used in this agreement, the terms "Advertiser" and "You" mean you and the company or entity which you represent.

YOUR REPRESENTATIONS AND WARRANTIES TO US:

You represent that you are the authorized owner or representative of the website(s) for which links are requested and that such site(s) is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any libelous matter. You will not hold CrossDaily.com or its affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided from CrossDaily.com. You further represent that your site is not unsuitable for the CrossDaily.com Advertising Program. Unsuitable sites include those that promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; and violate or infringe upon the rights of any third party, including intellectual property rights. CrossDaily.com reserves the right to reject or remove any website if it is deemed unsuitable for the CrossDaily.com program.

PAYMENT:

The Advertiser agrees to pay CrossDaily.com based on their agreed upon advertising contract. Advertiser acknowledges that its payment obligation hereunder is based solely on their agreed upon advertising contract and not on Advertiser's ability to convert advertising to sales. The Advertiser represents that all payment information provided to CrossDaily.com will be accurate and complete. In the event that CrossDaily.com is unable to charge an Advertiser's credit card or a check issued by the Advertiser is returned, CrossDaily.com may, in its sole discretion, suspend or terminate the Advertiser's participation in the Advertising Program. If your account is reduced to $0 for 90 days or more, CrossDaily.com may terminate your participation in the CrossDaily.com Advertising Service. All payments to CrossDaily.com shall be in United States dollars, unless otherwise indicated on the Advertiser's contract with CrossDaily.com.

YOUR INDEMNIFICATION OBLIGATIONS:

Advertiser agrees to indemnify and hold CrossDaily.com, its affiliates and their respective employees, consultants and other agents harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with Advertiser's participation in the CrossDaily.com Advertising Program, Advertiser's website content or Advertiser's breach of any agreement, representation or warranty hereunder, including, without limitation, third party claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity. You agree that you are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to CrossDaily.com.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER THE CROSSDAILY.COM WEB SITE, INCLUDING THE CROSSDAILY.COM SEARCH ENGINE AND ADVERTISING PROGRAM, IS AVAILABLE ON AN "AS IS" BASIS. CROSSDAILY.COM MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE ANY SERVICE PROVIDED BY CROSSDAILY.COM FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICKS PER ADVERTISEMENT WHICH WILL BE DELIVERED AND THE SUCCESS OF YOUR ADVERTISEMENT. CROSSDAILY.COM, ITS EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY ADVERTISER IN CONNECTION WITH THE ADVERTISING PROGRAM OR INCURRED BY ADVERTISER AS A RESULT OF ANY SERVICES PROVIDED BY CROSSDAILY.COM AND/OR ITS AFFILIATES INCLUDING, WITHOUT LIMITATION, THE CONTENTS OF ANY WEB SITES OR PAGES, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, DELAY IN OPERATION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEB SITES OR RECORDS, OR OTHER INJURY DAMAGE OR DISRUPTION TO ADVERTISER. NOTWITHSTANDING THE FOREGOING, SHOULD CROSSDAILY.COM BE LIABLE FOR ANY REASON, ADVERTISER AGREES THAT IN NO EVENT SHALL CROSSDAILY.COM'S LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO CROSSDAILY.COM BY ADVERTISERIN THE SIX MONTHS PRIOR TO ANY ALLEGED LOSS. IN NO EVENT SHALL CROSSDAILY.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CROSSDAILY.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CROSSDAILY.COM WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, A DELAY IN CHANGING A BID BY YOU, OR IF IT'S SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. CROSSDAILY.COM MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. YOU FURTHER AGREE THAT YOU WILL NOT HOLD CROSSDAILY.COM RESPONSIBLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE CROSSDAILY.COM ADVERTISING PROGRAM, CROSSDAILY.COM WEB SITE, AND/OR SITES LINKED TO THROUGH THE CROSSDAILY.COM WEB SITE.

RIGHT TO REJECT:

All requested URL links, search terms, descriptions and bids are subject to CrossDaily.com's approval. CrossDaily.com reserves the right to reject, cancel or remove any URL link, advertisement or bids at any time for any reason whatsoever and CrossDaily.com, its employees, consultants and other agents shall have no liability for such decisions.

CANCELLATION:

You may cancel your participation in the CrossDaily.com Advertising Program by providing 72 hour written notice to CrossDaily.com. Following such notice period, you will be entitled to receive a refund for all amounts not yet charged to your account. We may cancel your participation in the Advertising Program at any time for any or no reason. CrossDaily.com reserves the right to cancel the Advertising Program at any time. If your account is inactive during any 90 day period, CrossDaily.com may disable the Listing and will notify you via a message sent to the email address designated by you on the registration form.

CHOICE OF LAW:

These Terms and Conditions shall be construed and controlled by the laws of Province of Ontario, Canada. Further, any disputes relating to these Terms and Conditions or the Site will be governed by the laws of the Province of Ontario, Canada without regard to its principles of conflicts of laws. Any claim relating to these Terms and Conditions or the Site shall be exclusively prosecuted in a federal or provincial court of competent jurisdiction located within the City of Toronto, Ontario, Canada, and Advertiser hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. CrossDaily.com will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms and Conditions.

MISCELLANEOUS:

These Terms and Conditions constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between Advertiser and CrossDaily.com. CrossDaily.com in their sole discretion may amend these Terms and Conditions, and Advertisers use of the Site after such amendment is posted on the Site will constitute acceptance of it by Advertiser. The section headings in these Terms and Conditions are for convenience only and must not be given any legal import. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Advertiser also agrees to abide by the Terms of Service as posted on CrossDaily.com.