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By signing an Order Agreement, Company and Customer agree to abide by the following terms and conditions, as well as the Terms of Service published by Company on its operated websites, which may change from time to time: http://www.ilostmyjob.com/about-i-lost-my-job.html.
Company hereby agrees to develop, publish and/or provide on a paid basis, on one or more of its company-operated websites, the Feature Content services indicated by Customer on this Order Agreement in professional manner consistent with best industry practices.
Customer hereby agrees that the Order Details and Publishing and Delivery Term contained in this Order Agreement are accurate, and further agrees to pay the entire Order Payment Total in order to initiate this Order. Delay in payment may result in a delay in fulfilling and/or publishing the ordered services.
Renewal & Termination: Non-renewed feature content items may be unpublished and no longer available on the websites on the Order Agreement expiration date. For promotional services, an invoice for the renewal of feature content services will be sent automatically 30 days before content expiration. The standard renewal term is 6 months per feature content item; this standard renewal term can be modified by the Customer upon request. Feature content items may be terminated (unpublished on Company sites) upon request by the Customer. Online product subscriptions may have varying renewal periods, but will typically be between 1 and 6 months.
Customizations: For paid promotional services, although the fee to be paid for any Customization Requests may be included in this Order Agreement, the customizations themselves may require participation by outside businesses, consultants, and/or creative talent. If customizations are requested, they must be detailed in an attached Customizations Checklist, which may include additional agreements with outside businesses.
Customer Materials Requirements: If ILostMyJob.com LLC is being paid to create or deliver digital content, Customer acknowledges that certain information and feedback is necessary in order for Company to produce high quality content (“materials”). Business and service details, customer testimonials, marketing collateral, and personal comments may all be required from the Customer in order for this Order to be fulfilled as scheduled. Delay in providing Creative and Content feedback may result in a delay in fulfilling the ordered services.
Creative Rights & Licenses: If ILostMyJob.com LLC is being paid to create or deliver content, Customer is responsible for obtaining all licenses and permissions required to provide, distribute, use, display, or access Customer materials on Company websites, including copyrights for written and digital works, as well as logos, designs, text, and media.
Not a Work for Hire, Right to Re-publish: ILostMyJob.com provides digital content and information on its sites as a service. The services provided in this Order Agreement are not defined as Work for Hire (17 U.S.C.A. § 101(2)). Feature content developed for Customer for publishing on Company websites is specifically designed and branded to provide the Customer with expanded presence on Company websites. However, perpetual, non-exclusive permission is granted by Company to Customer to reproduce entire or quoted items of feature content on Customer-operated websites as long as a proper citation and a link to the feature content item is provided.
Reports & Performance: Customer may request, up to once per week, and Company may provide, on a convenient time schedule, reports indicating the number of times feature content has been displayed. Additional metrics may be included in performance reports, including the source and nature of visitor traffic. The distribution of any performance report by Company to Customer is subject to Company data privacy practices.
Refunds: Subscription products paid on a monthly or one-time basis may be cancelled at any time. Typically, the refunded amount is limited to the amount of time remaining in the subscription, pro rated. As a "Satisfaction Guaranteed" organization, it is a strong desire to work directly with customers to solve their inquiries and concerns. Full refunds of unviewed or unusable/unused content services are possible, when approved by a Manager. There will be no refunds for fees paid for the creative and administrative fees related promotional Feature Content services or for customizations. Pre-paid monthly hosting fees may be refunded, pro-rated as of the date the content is unpublished. Refund requests should be submitted in writing or by email (to
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); refunds will be issued by check within 30 days of the date when the feature content is unpublished.
Representations and Warranties: In the case of paid promotional services, Customer will approve all feature content before it is published on Company websites. Customer is solely responsible for any legal liability arising out of or relating to the Feature Content they ordered and approved. Customer represents and warrants to Company that it has full authority to provide and use the Customer materials as contemplated by this Agreement, and that such provision and use of the Customer materials do not and will not violate any copyrights, trademarks, trade secrets or other proprietary rights of any third party or create any liability to any third party. Customer further warrants that the Customer materials are factual and do not contain any matter that is defamatory or which may cause injury or result in damage to any third party and that the Customer materials do not contain any matter that is false or deceptive. Customer also represents and warrants that it will comply with all applicable laws and rules or regulations regarding ethics, conduct and advertising in its performance under this Agreement. Customer acknowledges that any breach of Customer's representations and warranties in this Agreement is a material breach of this Agreement. Customer shall defend, indemnify and hold harmless Company from and against any and all third-party claims, actions, causes of action, liabilities, damages, costs, and expenses, including attorneys' fees, arising out of or related to any facts or alleged facts which, if true, would constitute a breach of such representations or warranties.
Disclaimer of Warranty: Company shall have no liability whatsoever for any claim(s) relating to any Internet user's inability to view subscription or Customer feature content or access Customer's website through links contained in feature content. Company websites and any services provided on them, are provided as is, without warranty of any kind, express or implied, including, but not limited to, warranties or performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currentness and delays. Neither Company nor its Affiliates or Agents make any warranty as to the results that may be obtained under this Agreement, that display of Customer feature content under this Agreement will be uninterrupted, or that display of Customer’s feature content or the ability of any Internet user to access Customer's sites through links published or contained within feature content will be error free.
Limitation of Liability: Company, its affiliates’ and its agents’ entire liability under this Agreement, if any, for any claim(s) for damages relating to this Agreement which are made against them, whether based in contract or tort (including negligence) shall be limited to the amount of charges paid by Customer relative to the period of occurrence of the events which are the basis of the claim(s). In no event will Company, its affiliates or its agents be liable for any lost profits or any consequential, exemplary, incidental, indirect or special damages arising from or in any way related to this Agreement or relating in whole or part to Customer’s rights under this Agreement, even if advised of the possibility of such damages.
Limitations of Claims: Except for claims relating to charges, no claim, regardless of form, which in any way arises out of this Agreement, may be made, nor action based upon such claim brought, by either Party more than one year after the basis for the claim becomes known to the Party desiring to assert it.
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