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This is a contract between you (“you” or “your”) and Ad-Vantage
Online.COM CORP. ("Ad-Vantage Online"). It states the terms and
conditions which apply to your purchase and use, in any manner, of the
Ad-Vantage Online web hosting, e-mail and domain services (collectively,
the "Services"), as described at http://www.Ad-VantageOnline.com (the
"Site").
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL
POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED
BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES
BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END
USER OF THE SERVICES (COLLECTIVELY, THE “END-USERS”). YOU AGREE TO
ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL
POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED
BY REFERENCE HERETO.
Ad-Vantage Online reserves the right to change or modify this Agreement,
and any policy or guideline incorporated by reference at any time and
from time to time in its sole discretion, and to determine whether and
when any such changes apply to customers. Any changes or modification
will be posted by Ad-Vantage Online, and become effective upon posting
of the revisions on the Site. Ad-Vantage Online will post a notice of
such changes or modifications on the Site for thirty (30) days. You are
responsible for regularly reviewing the Site to obtain timely notice of
such changes or modifications. Your continued use of the Services
following Ad-Vantage Online' posting of any changes or modifications
will constitute your acceptance of such changes or modifications. IF YOU
DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE
THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF TERMINATION OF THIS
AGREEMENT IN ACCORDANCE WITH SECTION 1.1 BELOW.
1. Term and Payment for Services
1.1 Term and Termination. The Services are provided on a fixed term
basis and shall be provided, unless Ad-Vantage Online receives
additional payment from you, until the last day of the fixed term
(“Termination Date”). Either party may at any time terminate this
Agreement, prior to the Termination Date, provided that Ad-Vantage
Online will provide the Services until the Termination Date. Subject to
1.2 below, no credits shall be provided to you for the value of the
Services between the date that you notify Ad-Vantage Online that you no
longer wish to receive the Services and the Termination Date.
Notice of Termination. You must provide Ad-Vantage Online with notice of
termination in writing by fax to 1-855-229-4678 (North America)
1-941-755-1214 (International) or by e-mail (from the email account
specified by you when first ordering the Services) to cancel@Ad-VantageOnline.com.
You shall provide Ad-Vantage Online with sufficient identification
information so that Ad-Vantage Online may properly identify you and your
account. Any notice of termination will be effective thirty (30) days
following Ad-Vantage Online's receipt thereof.
1.2 Thirty-Day Refund Policy. If you terminate this Agreement within
thirty (30) days of agreeing to be bound hereto, you shall receive a
refund for all amounts paid by you to Ad-Vantage Online for the
Services, excluding any amounts paid for Non-Refundable Amounts, as
defined below. “Non-Refundable Amounts” include set-up fees, Miva
Merchant license key fees, additional bandwidth charges and additional
storage charges.
1.3 Liability and Obligations on Termination. Should the Agreement
expire or be terminated for any reason, Ad-Vantage Online will not be
liable to you because of such expiration or termination for
compensation, reimbursement or damages on account of the loss of profits
or sales (anticipated or actual), goodwill or on account of
expenditures, investments, leases or commitments in connection with your
business, or for any other reason whatsoever flowing from such
termination or expiration. Any termination of this Agreement shall not
relieve you of any obligations to pay fees and costs accrued prior to
the termination date. Ad-Vantage Online shall not be obligated to notify
any third party of the termination of your account or provide any
termination assistance. Without limiting the generality of the
foregoing, Ad-Vantage Online shall have no obligation to forward any
email messages, data, information or other content related to your use
of the Services, and you acknowledge that all such email messages, data,
information and content may be immediately deleted by Ad-Vantage Online.
1.4 Charges. You agree to pay all fees and charges (and applicable
taxes) incurred which relate to your use of the Services, in accordance
with the rates, terms and conditions established from time to time by
Ad-Vantage Online. Such rates, terms and conditions will be posted on
the Site or otherwise made available to you by Ad-Vantage Online.
Ad-Vantage Online shall begin charging you on the date that you
subscribe for the Services, unless otherwise specified by Ad-Vantage
Online. All prices on the Site are net of tax and you shall be
responsible for the payment of all federal, provincial, and local sales,
use, value added, excise, duty and any other taxes assessed with respect
to the Services, other than taxes based on Ad-Vantage Online' net
income.
1.5 Payment. All charges for the Services must be paid in advance
according to the then current price applicable to the Services. When
ordering the Services through the sign-up server at the Site, you must
elect to pay for the Services by credit card. Ad-Vantage Online reserves
the right to modify the forms of payment it will accept, at any time, in
its sole discretion.
1.6 Credit Card Payment. When you pay for the Services by credit card,
you expressly authorize Ad-Vantage Online or its agents to charge all
fees and charges incurred by you under this Agreement to such credit
card, and such authorization will survive termination of this Agreement
until there are no charges owing by you under this Agreement. If you use
a credit card and Ad-Vantage Online does not receive payment from the
card issuer, you agree to pay all amounts due, upon demand by Ad-Vantage
Online. You must notify Ad-Vantage Online of any changes to your credit
card account (including, without limitation, applicable account number
or cancellation or expiration of the account), your billing address, or
any information that may prohibit Ad-Vantage Online from charging your
account.
1.7 Failure to Pay. If you fail to pay any fees and taxes within ten
(10) days from applicable due date for credit card payments, late
charges of the lesser of one and one-half per cent (1.5%) per month
(i.e. 18% per annum) or the maximum amount allowable under applicable
law shall also become payable by you to Ad-Vantage Online. In addition,
your failure to fully pay any fees and taxes within ten (10) days after
the applicable due date will be deemed a material breach of this
Agreement, justifying Ad-Vantage Online' immediate suspension of its
performance of the Services and/or termination of this Agreement. You
are responsible for any fees associated with reinstating the Services.
Any such termination would not relieve you from paying past due fees
plus interest. In the event of collection enforcement, you will be
liable for any costs associated with such collection, including, without
limitation, legal fees, court costs and collection agency fees.
2. Use of Services
2.1 Responsibility for Use. You are responsible for use of the Services
and the maintenance of all passwords related to the Services. You are
solely responsible and liable for any and all activities that occur in
respect of your use of the Services, including without limitation all
activities of any users authorized by you or using your passwords. You
are also responsible for maintaining the confidentiality of all
passwords related to your use of the Services. You agree to immediately
notify Ad-Vantage Online of any unauthorized use of the Services or your
passwords or of any other breach of security and to provide assistance
to Ad-Vantage Online, as requested, to stop, prevent or remedy any
breach of security.
2.2 Applicable Policies and Agreements.
The Ad-Vantage Online Acceptable Use Policy at http://www.Ad-Vantage
Online.com/usepolicy.html (the "Use Policy") governs the general
policies and procedures for use of the Services.
The Ad-Vantage Online Privacy Policy at http://www.Ad-Vantage Online.com/privacy.htm
(the "Ad-Vantage Online Privacy Policy") describes how Ad-Vantage Online
collects, stores, processes and uses information associated with your
use of the Services. You hereby consent to the collection, use and
disclosure by Ad-Vantage Online and its agents of your personal
information (whether previously collected or to be collected) for the
purposes identified in the Ad-Vantage Online Privacy Policy.
The Domain Registration Agreements at http://www.Ad-Vantage Online.com/domainagreement.html
govern the use of domain names and applicable dispute resolution
processes.
The Service Level Agreement at http://www.Ad-Vantage Online.com/sla.htm
sets out the minimum service levels provided and guaranteed by
Ad-Vantage Online.
All agreements and policies may be updated or amended from time-to-time.
2.3 Material and Product Requirements. You must ensure that all material
and data placed on Ad-Vantage Online' equipment is in a condition that
is "server-ready," which is in a form requiring no additional
manipulation by Ad-Vantage Online. Ad-Vantage Online will make no effort
to validate any of this information for content, correctness or
usability. In the event that your material is not "server-ready",
Ad-Vantage Online has the option at any time to reject this material.
Ad-Vantage Online will notify you of its refusal of the material and
afford you the opportunity to amend or modify the material to satisfy
the needs and/or requirements of Ad-Vantage Online. Use of the Services
requires a certain level of knowledge in the use of Internet languages,
protocols and software. This level of knowledge varies depending on the
anticipated use and desired content of your web site. You must have the
necessary knowledge to create and maintain a web site. It is not
Ad-Vantage Online' responsibility to provide this knowledge or customer
support.
2.4 Bandwidth, Storage, and E-Mail Use. You agree that use of the
Services hereunder will not exceed the bandwidth, storage and E-mail
usage limits set out in the Site for the Services ordered by you. If you
use any bandwidth or storage space in excess of the agreed upon number
of megabytes per month or if you exceed E-Mail storage and attachment
size limitations, Ad-Vantage Online may, in its sole discretion, assess
you with additional charges according to Ad-Vantage Online' then current
pricing policy, suspend the performance of the Services, or terminate
this Agreement. In the event that Ad-Vantage Online elects to take any
corrective action, you will not be entitled to a refund of any unused
pre-paid fees. Warning messages will be emailed to you as you exceed 80%
and 90% of your package's respective bandwidth and disk space limits. If
payment for extra usage is not received within two weeks of the invoice
date, the expiry date of the account will be adjusted according to the
amount outstanding.
2.5 Domain Names. As part of the Services, you will provide Ad-Vantage
Online with a registered domain name or names or Ad-Vantage Online will
register such domain name(s) selected by you, provided that such domain
name is available for registration and does not violate any registrar’s
policies, or any law or regulation. You agree to promptly reimburse
Ad-Vantage Online for any fees paid by Ad-Vantage Online to any
registrar with respect to the registration and maintenance of such
domain name(s). In the event of any dispute or cause of action arising
out of or related to your domain name used in connection with the
Services, upon your request Ad-Vantage Online will attempt to register
with the registrar an alternative domain name chosen by you. You agree
to be bound by the terms the registrar’s then current domain name policy
and/or the policies of the national DNS registration authorities to
which you become subject upon registration of a domain name. The
inability to use a domain name shall not entitle you to a refund by
Ad-Vantage Online of any fees paid with respect to the registration of
such unusable domain name. There is no charge for indefinite parking of
domains on Ad-Vantage Online servers or to transfer to another service
provider. However, in the event a domain that was registered by
Ad-Vantage Online is transferred to another service provider, and
requires manual intervention by Ad-Vantage Online support staff to
complete the transfer, there will be an administrative transfer cost
charged for each domain plus applicable taxes. Domain Parking does NOT
include any hosting services. You may not submit your own DNS entries
because Ad-Vantage Online is NOT a Registrar and hosting services for
domain names residing on the Ad-Vantage Online system must be provided
by Ad-Vantage Online. Domain name payments are non-refundable. Once a
domain name is registered, the WHOIS database stores the information and
is kept there for a period of one year, until the date of renewal.
Payment with respect to domain names will NOT be refunded or credited to
your credit card. You are responsible for spelling a domain name
correctly while registering it online. Ad-Vantage Online will not
provide refunds or credits for misspelled domain names.
2.6 Miscellaneous Components. You acknowledge that the Services do not
include, without limitation, content design, development, FTP master
maintenance, uploading and publishing, Common Gateway Interface scripts
and other such executables and that all of the foregoing are your
responsibility. You may not compile or install binary files other than
the ones provided by Ad-Vantage Online. Ad-Vantage Online does not make
C compilers available and the PERL binaries provided will not have
networking support (for example, socket ph, ftp.pl, etc.) You may use
ftp to access your home directory for the purpose of installing and
editing your web pages.
3. Intellectual Property Rights
3.1 Ad-Vantage Online Property. You hereby acknowledge and agree that
all programs (in object code and source code form), data, services,
processes, designs, technologies, materials and all other things
comprising the Services are owned by and shall remain the sole property
of Ad-Vantage Online, its licensors or its suppliers and are protected
by applicable copyrights, trade-marks, patents, trade secrets and/or
other proprietary rights and laws. Ad-Vantage Online shall also maintain
and control ownership of all Internet protocol ("IP") numbers and email
addresses that may be assigned to you by Ad-Vantage Online. Ad-Vantage
Online reserves, in its sole discretion, the right to change or remove
any and all such IP numbers and email addresses at any time.
3.2 Your Content. Ad-Vantage Online does not claim ownership of
information, materials, software or other content (collectively, the
"Content") that you post, upload, input, provide, submit or otherwise
transmit to Ad-Vantage Online or any third party, using the Services.
However, you agree that by posting, uploading, inputting, providing,
submitting or otherwise transmitting the Content to Ad-Vantage Online or
any third party, using the Services, you have thereby granted Ad-Vantage
Online a royalty-free, non-exclusive license to use, copy, distribute,
transmit, display, edit, delete, publish and translate such content to
the extent reasonably required by Ad-Vantage Online for the purposes of
rendering and operating the Services to you under this Agreement or to
ensure adherence to or enforce the terms of this Agreement You expressly
(a) grant to Ad-Vantage Online a license to cache the Content, and (b)
agree that such caching is not an infringement of any of your rights or
any third party's rights.
4. Enforcement
4.1 Investigation of Violations. Ad-Vantage Online may investigate any
reported violation of this Agreement, its policies and guidelines or any
complaints and take any action that it deems appropriate and reasonable
under the circumstance to protect its interests, including without
limitation, its systems, servers, facilities, customers and/or third
parties. Ad-Vantage Online will not access or review the contents of any
e-mail or similar stored electronic communications except as required or
permitted by applicable law or legal process.
4.2 Actions. Ad-Vantage Online reserves the right in its sole and
absolute discretion to restrict or remove from its servers any content
that it deems to be in violation of this Agreement, its policies or
guidelines, third-party intellectual property rights or any laws.
Ad-Vantage Online may immediately take action, including, but not
limited to, (a) issuing warnings, (b) suspending or terminating the
Services, (c) restricting or prohibiting any and all uses of content
hosted on Ad-Vantage Online' systems, and/or (d) disabling or removing:
(i) any hypertext links to third-party web sites, (ii) any of your
content distributed or made available for distribution via the Services,
or (iii) other content not supplied by Ad-Vantage Online. It is
Ad-Vantage Online' policy to terminate Services to infringers. The above
stated rights of action, however, do not obligate Ad-Vantage Online to
monitor or exert editorial control over the information made available
for distribution via the Services and you acknowledge that Ad-Vantage
Online has no obligation to censor or monitor use of the Services by
you, or any obligation to censor or monitor any content, material or
other information sent, received or accessible through the Services. In
the event Ad-Vantage Online takes action due to such possible violation,
Ad-Vantage Online shall not be obligated to refund to you any fees paid
in advance of such action.
4.3 Disclosure Rights. To comply with applicable laws and lawful
governmental requests, to protect Ad-Vantage Online' systems and
customers, or to ensure the integrity and operation of Ad-Vantage
Online' business and systems, Ad-Vantage Online may access and disclose
any information it considers necessary or appropriate, including,
without limitation, user profile information (i.e., name, e-mail
address, etc.), IP address and traffic information, usage history, and
content residing on Ad-Vantage Online' servers and systems. Ad-Vantage
Online also reserves the right to report any activity that it suspects
violates any law or regulation to appropriate law enforcement officials,
regulators, or other appropriate third parties. To the extent any
inconsistency exists between any terms of Ad-Vantage Online' Privacy
Policy and Ad-Vantage Online's right to disclose under this section,
Ad-Vantage Online's right to disclose under this section will prevail.
5. Warranties and Disclaimers
5.1 Your Warranties and Representations to Ad-Vantage Online. You
warrant, represent, and covenant to Ad-Vantage Online that (a) you are
at least eighteen (18) years of age; (b) you possess the legal right and
ability to enter into this Agreement; (c) you will use the Services only
for lawful purposes and in accordance with this Agreement and all
applicable policies and guidelines; (d) you will be financially
responsible for use of the Services; (e) you have acquired or will
acquire all authorization(s) necessary for hypertext links to
third-party web sites; (f) you have verified or will verify the accuracy
of materials distributed or made available for distribution via the
Services, including, without limitation, your Content, descriptive
claims, warranties, guarantees, nature of business, and address where
business is conducted, and (g) your Content does not and will not
infringe or violate any right of any third party (including any
intellectual property rights) or violate any applicable law, regulation
or ordinance.
5.2 Warranty and Disclaimer. THE SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. Ad-Vantage Online DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Although
Ad-Vantage Online will use commercially reasonable measures to maintain
the security of the Services, Ad-Vantage Online assumes no
responsibility for the effectiveness of these security measures provided
by Ad-Vantage Online.
6. Exclusion and Limitation of Liability
6.1 Exclusion of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, IN NO EVENT SHALL Ad-Vantage Online, ITS PARENTS,
SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY,
THE "Ad-Vantage Online ENTITIES" AND EACH, A "Ad-Vantage Online ENTITY")
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL,
OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM
OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF
ACTION AND EVEN IF ONE OR MORE OF THE Ad-Vantage Online ENTITIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT
NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO
DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY,
INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY
INFORMATION, MATERIAL OR DATA OVER OR THROUGH Ad-Vantage Online' SYSTEMS
OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.
6.2 Limitation of Liability. CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE
ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE Ad-Vantage Online
ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE Ad-Vantage
Online ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT
ACTUALLY PAID TO Ad-Vantage Online BY YOU UNDER THIS AGREEMENT DURING
THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM
ACCRUED OR (B) THE SUM OF ONE HUNDRED (CDN$100.00) CANADIAN DOLLARS.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY Ad-Vantage Online HEREUNDER HAVE
BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK.
ACCORDINGLY, YOU HEREBY RELEASE THE Ad-Vantage Online ENTITIES FROM ANY
AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION
STATED IN THIS PARAGRAPH.
6.3 Interruption of Service. You hereby acknowledge and agree that
Ad-Vantage Online and its suppliers will NOT be liable for any delay,
outages or interruptions of the Services. Further, Ad-Vantage Online
shall not be liable for any delay or failure to perform its obligations
under this Agreement, where such delay or failure results from any act
of God or other cause beyond its reasonable control (including, without
limitation, any mechanical, electrical electronic, communications or
third-party supplier failure).
7. Indemnification
7.1 Indemnity to Ad-Vantage Online. You hereby release and hold
harmless, and agree to indemnify, the Ad-Vantage Online Entities against
any and all claims, actions, proceedings, suits, liabilities, damages,
settlements, penalties, fines, costs or expenses (including, without
limitation, reasonable attorneys' fees and other litigation expenses)
incurred by the Ad-Vantage Online Entities, arising out of or relating
to (a) your violation or breach of any term, condition, representation
or warranty of this Agreement, or any applicable policy or guideline;
(b) your use the Services; or (c) your violation, alleged violation, or
misappropriation of any intellectual property right (including, without
limitation, trademark, copyright, patent, trade secrets) or
non-proprietary right of a third party (including, without limitation,
defamation, libel, violation of privacy or publicity).
7.2 Third Party Beneficiaries. You are hereby notified that the
Ad-Vantage Online Entities are intended third-party beneficiaries of
this Agreement, with a right of enforcement of the exclusions and
limitations of liability and the indemnities contained in this
Agreement.
8. General Provisions
8.1 Entire Agreement. This Agreement, including any domain registration
agreements, documents, web sites, rules, terms, policies and guidelines
referenced herein, constitutes the entire agreement between Ad-Vantage
Online and you with respect to the matters referred to in this Agreement
and supersedes all prior and contemporaneous agreements and
understandings, whether electronic, oral or written, between Ad-Vantage
Online and you with respect to such matters.
8.2 No Waiver. The failure of Ad-Vantage Online to insist upon or
enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course
of conduct between you and Ad-Vantage Online nor trade practice shall
act to modify any provision of this Agreement.
8.3 Severability. In the event that any portion of this Agreement is
held to be invalid or unenforceable, the invalid or unenforceable
portion shall be construed in accordance with applicable law as nearly
as possible to reflect the original intention of you and Ad-Vantage
Online, and the remainder of this Agreement shall remain in full force
and effect.
8.4 Choice of Laws. This Agreement shall be governed by and construed in
accordance with the laws of the Province of Ontario without reference to
rules governing choice of laws and the federal laws of Canada applicable
therein. You hereby irrevocably consent to the exclusive jurisdiction of
the courts of the Province of Ontario and the federal courts situated in
the Province of Ontario in connection with any matter arising under this
Agreement. Use of the Services in any jurisdiction that does not give
effect to all provisions of this Agreement, including without limitation
this paragraph, is prohibited.
8.5 Successor Sites. All references to Ad-Vantage Online web site
addresses in this Agreement shall also include any successor or
replacement web sites containing substantially similar information as
the referenced web site(s).
8.6 Assignment. Ad-Vantage Online may at any time assign its rights and
obligations under this Agreement, in whole or in part, without notice to
you. You may not assign this Agreement.
8.7 Enurement. This Agreement will ensure to the benefit of and bind you
and Ad-Vantage Online and its respective personal and legal
representatives, successors and permitted assigns.
8.8 Currency. All monetary amounts expressed in this Agreement are in
Canadian dollars, unless otherwise expressly stated.
8.9 Cumulative Rights. The rights, powers and remedies of Ad-Vantage
Online in this Agreement, including without limitation the right to
suspend, restrict or terminate Services, are cumulative and in addition
to and not in substitution for any right, power or remedy that may be
available to Ad-Vantage Online at law or in equity.
8.10 Survival. Any provisions, including without limitation the
disclaimers of warranty and limitations and exclusions of liability
contained herein, that by their meaning are intended to survive
termination of this Agreement shall survive the termination of this
Agreement.
8.11 Independent Contractors. You agree that no joint venture,
partnership, employment or agency relationship exists between Ad-Vantage
Online and you as a result of this Agreement or use of the Services.
8.12 Headings. The section headings in this Agreement are for
convenience only and have no legal or contractual effect.
8.13 Notices. Any notices or other communications sent by Ad-Vantage
Online to you shall be deemed to have been duly given and delivered to
you when delivered by email to the account specified by you when first
ordering the Services
Any notices or other communications sent by you to Ad-Vantage Online
shall be deemed to have been duly given and delivered to Ad-Vantage
Online when delivered by email to accounts@Ad-Vantage Online.com or by
fax to 1-855-220-4678 (North America)/ 1-941-755-1214 (International). |
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