This agreement applies to (but not limited to) the following catalog/link submission programs and advertising services at TeachingCatalogs.com website: Free Link Submission Program, Catalog Showcase Program, Banner and Button Advertising Program.
By participating in any of the above listed linking programs and advertising services, you are entering into a binding and enforceable legal agreement with TeachingCatalogs.com (and/or its owners and operators as set forth below). You represent and warrant that you are authorized to enter into this agreement. Please read these Terms and Conditions carefully since, by participating in the in the above-mentioned linking/advertising programs and services, you are signifying your assent to this agreement. As used in this agreement, the terms "Client" and "You" mean you and the company or entity which you represent. The term "TeachingCatalogs.com" refers to TeachingCatalogs.com website (and/or its owners and operators as set forth below).
PAYMENT
- Free Link Submission Program: The Client may submit his/her catalog/website/link to TeachingCatalogs.com at no cost. A reciprocal link back to TeachingCatalogs.com is required in order for a free link to be included in the catalog directory. In its sole discretion, TeachingCatalogs.com may decline/remove any free listings at any time for any reason.
- Featured Listing Program: The Client agrees to pay TeachingCatalogs.com the one-time fee indicated in our program rate card at the time of this agreement. This one-time fee is non-refundable. Client acknowledges that its payment obligation hereunder is based solely on permanent catalog/URL inclusion in the TeachingCatalogs.com's database and not on Client's ability to convert click-throughs to sales. Client also acknowledges that TeachingCatalogs.com does not provide tracking reports for this program.
- Banner and Button Advertising Program: The Client agrees to pay TeachingCatalogs.com the fees indicated in our program rate card at the time of this agreement. Client acknowledges that its payment obligation hereunder is based solely on impressions and/or click-throughs and not on Client's ability to convert banner or button impressions and click-throughs to sales.
TERMINATION AND REFUNDS.
You may cancel your participation in any of the above listed linking programs and advertising services by sending us an e-mail notification of cancellation of account. We reserve the right to review, decline, approve, or issue refunds on a case-to-case basis. Refunds are as folows:
- Free Link Program: No fees were paid, so no refunds will be issued.
- Featured Listing Program: Non-refundable.
- Banner and Button Advertising Program: Fees paid for Banner and Button Advertising are non-refundable after 30 days. If Client elects to cancel before 30 days has expired, funds will be refunded less pro-rated fees plus $5.00 Set-Up fee.
TeachingCatalogs.com RIGHT TO REJECT
All URL links, banners, buttons, descriptions, advertising, are subject to TeachingCatalogs.com's approval. TeachingCatalogs.com reserves the right to reject, cancel or remove any URL link, banners, buttons, descriptions, advertising at any time for any reason whatsoever. Unsuitable sites include but not limited to those that promote sexually explicit material; gambling; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; and violate or infringe upon the rights of any third party, including intellectual property rights.
CATEGORY RELEVANCY
You may only submit to categories that are relevant to your website(s). Categories, keywords and description must be specific to your site and the content within your site.
YOUR REPRESENTATIONS AND WARRANTIES TO TeachingCatalogs.com
You represent that you are the authorized owner or representative of the catalog/website(s) for which links are requested and that such site(s) is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any libelous matter. You will not hold TeachingCatalogs.com (and/or its owners and operators)or its affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided from TeachingCatalogs.com. You further represent that your site is suitable for TeachingCatalogs.com linking/advertising programs. Unsuitable sites include but not limited to those that promote sexually explicit material; gambling; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; and violate or infringe upon the rights of any third party, including intellectual property rights.
YOUR INDEMNIFICATION OBLIGATIONS
Client agrees to indemnify and hold TeachingCatalogs.com (and/or its owners and operators) and its affiliates harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with Client's website content or Client's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
TeachingCatalogs.com (AND/OR ITS OWNERS AND OPERATORS) MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICK-THROUGHS WHICH WILL BE DELIVERED. TeachingCatalogs.com (AND/OR ITS OWNERS AND OPERATORS) SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY CLIENT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT. IN NO EVENT SHALL TeachingCatalogs.com (AND/OR ITS OWNERS AND OPERATORS) LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO TeachingCatalogs.com BY CLIENT HEREUNDER. IN NO EVENT SHALL TeachingCatalogs.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TeachingCatalogs.com HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. TeachingCatalogs.com WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. TeachingCatalogs.com MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
MISCELLANEOUS
This agreement shall be governed by and construed in accordance with the substantive laws of the State of Alabama and jurisdiction and venue of all matters relating to this agreement shall be vested exclusively in Phenix City, State of Alabama, and you agree to the jurisdiction of such Courts. No waiver, modification or addition to this agreement shall be valid. This agreement constitutes the entire agreement between the parties relating to the participation in TeachingCatalogs.com's Catalog/Link Submission and Advertising Programs, and other services. This agreement supersedes all prior and/contemporaneous agreements and Client has relied upon no representations, oral or otherwise, not contained within this agreement.
AMENDMENT TO TERMS
TeachingCatalogs.com (and/or its owners and operators as setforth below reserves the right to change the terms upon which it offers its Catalog/Link Submission and Advertising Programs, and other services to the public and may change this agreement by posting such changes. Notification of changes will be sent to all clients by e-mail. Client's continued participation in the Link Submission and Advertising Programs, and other services following such changes shall be deemed an assent to such changes.
Assignment, Subcontracting, Transfer
TeachingCatalogs.com may assign, subcontract, or transfer this Agreement and/or its Services anytime at its sole discretion.
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Ownership and Notice
TeachingCatalogs.com is owned by Josefina R. Howard DBA ChristianHomeschoolers.com, PSC 451 Box 303, FPO AE 09834-2800 USA. To direct any questions concerning this Agreement, please click here.
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