Applicability of Terms
These advertising terms shall apply to all online and e-mail Advertisements (“Advertisements”) that are submitted to Fitt Insider, and which Fitt Insider accepts for publication. For the purposes of these Terms & Conditions, “Fitt Insider” shall refer to all publications with the Fitt Insider entity, including e-email and online versions of Fitt Insider, WellToDo, Fitt Jobs, and Headlines. The Advertiser, by submitting an Advertisement to Fitt Insider, agrees to be bound by these Terms & Conditions. “Advertiser” shall be defined to include any agent, broker, or other intermediary submitting an Advertisement, as well as the ultimate customer whose products or services are advertised in the Advertisement. An Advertiser’s standard terms and conditions shall not apply.
Fitt Insider Advertising Standards
All ads submitted for publication must comply with applicable U.S. and International laws, and may not be indecent, obscene, or defamatory. All advertising is subject to Fitt Insider’s approval. Fitt Insider reserves the right to refuse any advertisement at its sole discretion for any reason whatsoever, including without limitation for offensive or inappropriate content.
All accepted Advertisements must comply with the relevant advertising specifications. Fitt Insider has the right to request or to make changes to an Advertisement to the extent it reasonably believes necessary to comply with the Can-Spam Act and/or federal or state advertising laws. This includes, without limitation and by way of example only, by modifying the subject line of an e-mail advertisement or adding an “SPONSORED” label to content that appears to be editorial in nature.
All payments shall be made in the currency stated on the invoice, within the agreed time period, without any deduction or set-off for any reason whatsoever, unless specified otherwise in the invoice. Advertiser shall not be entitled to suspend its payment obligations.
Written cancellation of order must be received at least three weeks prior to issue date to avoid billing. No cancellation will be accepted without written acknowledgement from Fitt Insider confirming receipt.
Any order canceled after the issue deadline will incur the full insertion cost. Late delivery of assets may incur advertising dates to be rescheduled.
Intellectual Property Rights
You retain copyright in your Advertisements. By submitting Advertisements, however, you hereby grant Fitt Insider a worldwide, irrevocable, non-exclusive, and transferable license to reproduce the Advertisement, including any trademarks therein, and including without limitation in any future archive or database in any medium, now known or later invented.
Warranties and Indemnity
Advertiser warrants and represents that the Advertisement does not contain any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Advertiser is the owner of such rights or has permission from their rightful owner for purpose of the Advertisement. By submitting an Advertisement, Advertiser represents and warrants that it owns or has the necessary licenses, rights, consents, and permissions. Advertiser also represents and warrants that an Advertisement is not defamatory or libelous, obscene, or contrary to applicable local, national, and international laws and regulations.
Advertiser agrees to defend, indemnify, and hold harmless Fitt Insider and all of their officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any breach, or alleged breach, of the warrantees identified in this section.
Limitation on Liability, Disputes
In no event shall Fitt Insider, its officers, directors, employees, or agents be liable to the Advertiser for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever relating to the Advertisement. Any liability by Fitt Insider shall be limited to the amount paid for an Advertisement. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree that any dispute arising from, relating to, or in any manner connected with, this agreement shall be construed under and resolved in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of its choice of law principles. Any such dispute shall be litigated only in the local or federal courts of the Commonwealth of Pennsylvania, to the personal jurisdiction of which you hereby consent.
Should any provision in these Advertising Terms & Conditions be deemed ineffective or unenforceable, that shall not affect the validity or enforceability of the remaining provisions of these Advertising Terms & Conditions.
No alterations or variations of the Advertising Terms & Conditions shall be valid unless made in writing. Neither the failure of Fitt Insider to enforce at any time any of the provisions of this Agreement nor the granting at any time of any other indulgence shall be construed as a waiver of that provision or of the right of Fitt Insider afterwards to enforce that or any other provision. This Agreement may not be amended, nor any obligation waived, except in writing and signed by an authorized representative of Fitt Insider.