Innovo Media Group, LLC Terms & Conditions
This agreement takes effect the moment first payment is made by purchaser (user) to Innovo Media Group, LLC.
The following are terms of a legal agreement between you and Innovo Media Group, LLC. By using Innovo Media Group, LLC service or submitting your credit card or checking account information you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. This statement covers all Innovo Media Group, LLC. services. Section headings are provided for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.
ADVERTISING SERVICES TERMS AND CONDITIONS
- INTRODUCTION: Innovo Media Group, LLC. (Innovo Media Group, LLC ) a California Limited Liability Company, agrees to provide you ________________________ (the “USER”) with advertising services, subject to your compliance with the terms and conditions.
- TERM, PAYMENT, & MODIFICATION: The term of this agreement shall commence and
become effective as of the signup date, which coincides with the onetime nonrefundable
down payment (SETUP FEE). These advertising services are on a MONTH TO MONTH term
and shall remain that way until the end of the agreement or until USER no longer requires
services. USER will be charged on the credit card on file each month coinciding with the date of
set up. (If USER signs up March 1st, credit card will be charged each month on the 1st of the
month). Online Presence differs in results with each client depending on area and saturation of
industry. Innovo Media Group, LLC has continued success ranking their clients on the first page of search engines. Innovo Media Group, LLC is dedicated to producing results for USER faster than any competitor at a fraction of the cost. USER agrees that billing is monthly in accordance to date of sign up and shall remain that way until USER notifies Innovo Media Group, LLC in writing. USER must cancel with 5 days notice to not be billed for monthly charges. If USER cancels before monthly billing cycle is complete, USER agrees to pay for entire month.
- CANCELLATION: The periodic Innovo Media Group, LLC fee is valid from the period starting on the billing date and continues through the periodic anniversary date. Upon the fulfillment of the USER Agreement with Innovo Media Group, LLC , if USER wishes to terminate service more than 5 days prior to the next anniversary billing date, the next monthly fee will not be charged. If USER requests to terminate service within 5 days of the next anniversary billing date, then USER agrees to pay the charge due on the next billing date. When cancelling service with Innovo Media Group, LLC , USER must call in and receive a cancellation confirmation/confirmation number 5 days prior to USER’s anniversary billing date before service can be terminated. USER agrees that any charges incurred prior to cancellation are valid.
Innovo Media Group, LLC will refund one hundred percent (100%) of initial payment if the User
contacts Client Support and requests cancellation and a refund within the first three (3)
business days of initial payment.
- PAYMENT: Except as expressly set forth herein, all payments are nonrefundable. If payment
is made using a credit card or if there are any periodic charges for publication of a site, those
charges may be billed automatically to a credit card provided by USER. USER agrees to have
credit card on file charged monthly by Innovo Media Group, LLC. Unless Innovo Media Group, LLC provides a written billing agreement listing otherwise, charges will be automatically billed to the credit card USER designated during the setup process. Innovo Media Group, LLC reserves the right to collect and send to collection agencies any outstanding balance due 30 days after the payment due date. If USER’s credit card on file expires, USER hereby gives Innovo Media Group, LLC permission to charge the credit card with a later expiration date to allow for continued payment of Innovo Media Group, LLC service. Customer may provide updated credit card information to Innovo Media Group, LLC verbally, and allows Innovo Media Group, LLC to
use that information accordingly for continuation of service. In addition, a penalty fee may be
incurred or cancellation may be initiated if USER fails to update credit card information. USER
authorizes Innovo Media Group, LLC and/or its affiliates (Local Business Marketing and Web Marketing) to collect any charges related to the service of USER’s account.
- PAYMENT CHANGES: USER may designate another credit card at any time. In addition, a
penalty fee may be incurred or cancellation may be initiated if USER fails to update outdated, or
otherwise incorrect credit card information. USER must notify Innovo Media Group, LLC 30 days prior to make any changes to billing information or charging procedures.
- OWNERSHIP OF NONUSER PROPERTY: Title and full ownership rights in and to the
advertising services, together with any and all ideas, concepts, computer programs, and other
technology supporting or otherwise relating to Innovo Media Group, LLC Llc.’s operation of the Innovo Media Group, LLC network and website(s) (collectively, the “Innovo Media Group, LLC Materials”), shall remain at all times solely with Innovo Media Group, LLC and/or with the respective outsourced service provider or author.
- USER REPRESENTATIONS AND WARRANTIES: USER represents and warrants to
Innovo Media Group, LLC that for the term of this Agreement: this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; information or data that USER (including its agents or representatives) has provided or will provide for Advertising Services is and will be both accurate and complete to the best of USER’s knowledge; USER is the authorized owner or representative of the business for which Advertising Services will be performed; and, will not violate any applicable law or regulation; does not infringe in any manner any third party rights,
including, without limitation copyright, patent, trademark, trade secret, or other intellectual
property right or right of privacy or publicity; is not false or misleading; has not and will not result
in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind
to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses;
does not contain, promote, or offer any form of spyware, adware, or other advertising or
information collection software; and/or does not contain, link to or promote any of the following:
violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or age.
- USER COVENANTS: USER further agrees to perform as follows: USER will not hold
Innovo Media Group, LLC or its affiliates liable or responsible for the activities of visitors who come to USER’s website(s) through Advertising Services.
- COMMUNICATION: In efforts to consistently improve our services, Innovo Media Group, LLC always wants to hear from our customers. Whether comments, suggestions, praise, complaints, or any other communication, Innovo Media Group, LLC is listening. You grant Innovo Media Group, LLC a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your communication in any form, your name, and any related copyrights, moral rights, or other intellectual property rights.
- TERMINATION: Innovo Media Group, LLC may at any time and at its sole discretion terminate service to any USER for any reason. If USER initiates an inquiry or disputes charges for services, Innovo Media Group, LLC reserves the right to terminate the agreement between USER and Innovo Media Group, LLC with no refund available.
- USER INDEMNIFICATION OBLIGATIONS: USER agrees to indemnify, defend, and hold
harmless Innovo Media Group, LLC its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including
without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them
by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”)
for, including without limitation, libel, violation of right of privacy or publicity, copyright
infringement, trademark infringement, or other infringement of any third party right, fraud, false
advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule,
or regulation throughout the world in connection with Advertising Services performed on behalf
of USER, USER’s client’s website(s) or contents therein, USER’s conduct, acts or omissions, or
any alleged or proven breach by USER of any term, condition, agreement, representation, or
warranty herein, excluding any Claim that arises solely from the acts or omissions of
Innovo Media Group, LLC or its agents or employees. Innovo Media Group, LLC will notify USER of any claim, action, or demand for which indemnity is required in the reasonable opinion of Innovo Media Group, LLC and will cooperate reasonably with USER at USER’s expense. At the election of Innovo Media Group, LLC , USER shall advance to Innovo Media Group, LLC amounts in satisfaction of such Claim, which Innovo Media Group, LLC may hold in escrow pending resolution of such Claim. The law firm USER chooses to defend Innovo Media Group, LLC must be experienced in defending similar claims and will be subject to Innovo Media Group, LLC ‘s approval, which will not be unreasonably withheld. USER may not settle any lawsuit or matter relating to the culpability or liability of Innovo Media Group, LLC without the prior written consent of Innovo Media Group, LLC. Innovo Media Group, LLC will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Innovo Media Group, LLC shall have the right to set off any liability of USER to Innovo Media Group, LLC with respect to a Claim against any amounts held on deposit with Innovo Media Group, LLC by USER.
- LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: USER acknowledges and
agrees that it will not hold Innovo Media Group, LLC liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Innovo Media Group, LLC makes no representations or warranties relating to the results of Advertising Services, including without limitation, the number of impressions or click through and any promotional effect or return on investment thereof. As Innovo Media Group, LLC relies on third parties for certain data, Innovo Media Group, LLC makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Innovo Media Group, LLC be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
- FORCE MAJEURE: Neither USER nor Innovo Media Group, LLC will be in breach of its obligations under this Agreement (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this agreement. Such causes will include, but not limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of Innovo Media Group, LLC or USER.
- ENTIRE AGREEMENT: This Agreement between Innovo Media Group, LLC and USER and supersedes any other oral or written agreements regarding the advertising services specified in this agreement. Neither USER nor any agent of Innovo Media Group, LLC may amend these terms and conditions or add any provision to or delete any provision from this Application or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this agreement is binding on Innovo Media Group, LLC. Moreover, USER confirms that USER has not relied upon any such representation in entering into this Agreement.
- GOVERNING LAW: USER and Innovo Media Group, LLC. agree that this agreement and all disputes relating to this agreement will be governed by and interpreted according to the laws of the State of California. Exclusive jurisdiction and venue shall be in the Orange County, California Superior Court.
- AUTHORITY: The person submitting credit card or checking account information or
subscribing to serve hereby certifies that he or she is either USER, or that he or she has been
lawfully authorized to submit Agreement and authorize the placement of advertising on behalf of
USER. Terms and conditions are subject to change without notice.