Legal Section Rental Terms of Service
Below are the terms & conditions for renting a legal section from the American Herald. (AH)
The agreement contained in this “Legal Section Rental Agreement” is between AH, (“Newspaper”) and you (“Member”) constitutes the sole agreement between Newspaper and the Member regarding renting a website from Newspaper.
Rental Agreement Overview:
Member agrees to pay a monthly rental fee for a legal section of the newspaper for all of their legal and Public Notice needs. AH performs all legal notice reviews, uploads PDF format documents and publishes the notices. AH reserves the right to deny some publications due to the legal liabilities that may cause the Member.
- In no event will Newspaper be liable to the Member or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability of website usage.
- Newspaper represents and warrants to Member that it has the experience and ability to perform services required by this Agreement; that it will perform said services in a professional and competent manner: that is has the power to enter into and perform this agreement.
- Independent Contractor
- Member acknowledges that the services rendered by Newspaper under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture.
- Newspaper recognizes and acknowledges that this Agreement creates a confidential relationship between Newspaper and Member and that information concerning Member’s business affairs, Members, vendors, finances, properties, methods of operations, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Member is hereinafter collectively referred to as “Confidential Information”.
- Newspaper agrees that, except as directed by Member, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to Member all documents, papers, and other matter in its possession or control that relate to Member.
- Compensation And Term
- The initial rental fee is due before account is opened.
- The initial term of the agreement is month-to-month.
- The monthly rental charge is 10.00 USD for 3 publication per month. Any publication over the 3 publication limit per month will be 5.00 USD per publication.
- Member can pay the invoice with any major credit/debit card thru PayPal.
- The Member must pay via debit or credit card to be auto-withdrawn monthly
- Newspaper will not publish anything until payment is received.
- If Member misses a payment or their card has insufficient funds, a notice will be sent from Newspaper to Member. If Newspaper does not receive Member’s payment within 15 days, Newspaper reserves the right to disable Member’s account until payment in full.
- Member may terminate the agreement at anytime by notifying the Newspaper in writing. Termination submitted by email meets this requirement.
- Newspaper will keep the legal notices already published indefinitely, however any new publications, after account has expired for 30 days, will cost 120.00 dollars for the year.
- Laws Affecting Electronic Commerce
- From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Member agrees that the Member is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Newspaper from any claim, suit, penalty, tax, or tariff arising from the Member’s exercise of Internet electronic commerce.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Member guarantees that any elements of text, graphics, photography, trademarks or other artwork provided by Member are owned by Member, or that Member retains permission to use them. Member will hold AH harmless against any and all claims, losses or costs arising out of or resulting from the use of unlicensed text, artwork and photography.
OTHER LEGAL STUFF:
AH can’t guarantee that the functions contained in any web page templates or in the completed website will remain error-free forever. AH is not liable to Member or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if Member has advised AH the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The contract cannot be transferred to anyone other than Member without the permission of AH.
To the maximum extent permitted by applicable law, in no event shall either party or its subsidiaries or affiliates be liable to the other party for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to, lost profits (except on AH’s fees for services), business interruption, loss of business information or other pecuniary loss, and including any of such alleged to result from such party’s exercise of its rights under this agreement) regardless of whether such liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages. The parties understand and agree that the exclusions and limitations of liability set forth in this section represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this agreement. The fees payable to AH reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability.
THIRD PARTY RIGHTS:
AH represents, warrants and covenants to Member that, (a) AH’s contribution to the Design Services constitute wholly original work; and (b) to the best of AH’s knowledge, AH’s contributions to the Design Work do not violate, infringe upon or misappropriate any third party rights. Notwithstanding the foregoing, AH has not conducted any trademark clearance and makes no representation as to the availability of any element of the Design Work for AH’s use as a trademark or service mark. Member shall be solely responsible for conducting any and all trademark clearance in connection with any element of the Design Work.
Each party will defend, indemnify, and hold the other party, its affiliates and each of their respective officers, employees, affiliates and agents harmless from and against all third party claims, suits, judgments, losses, damages, fines or costs (including reasonable outside attorney’s fees and expenses) related to or arising out of such party’s gross negligence, willful misconduct or material breach of this Agreement. The parties’ obligations under this paragraph will survive the expiration and/or termination of this Agreement.
Constant communication and follow up feedback via phone, in person, or email between AH and Member is necessary to complete assignments on a timely basis and is a huge factor in the estimated timeline.