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SOLD.com Guaranteed Display Terms of Use

These SOLD.com Guaranteed Display Terms of Use (the "Agreement") govern the placement of SOLD.com Guaranteed Display advertisements (collectively, "Ads") with SOLD.com, Inc. ("SOLD.com" or the "Company") by the customer ("Advertiser") placing an Ad order (an "Ad Order"). If Advertiser submits an Ad Order on SOLD.com (as defined below) or via phone with SOLD.com sales team, Advertiser is purchasing the Ad directly from SOLD.com. In either case, SOLD.com and Advertiser agree and acknowledge that the Terms in this Agreement apply.

1. Policies

Advertiser shall use the SOLD.com Ads subject to the SOLD.com Privacy Policy, Terms and Conditions, and other policies and requirements published by SOLD.com from time to time (collectively, "Policies"). The Policies are incorporated by reference herein and SOLD.com may modify the Policies at any time.

2. Ads Program

a. Advertiser Responsibilities

  1. Advertiser is solely responsible for all: materials submitted to SOLD.com for inclusion in an Ad, including, without limitation ad photos, information, and other content. Advertiser represents and warrants to SOLD.com that it is authorized to act on behalf of and has bound to the terms of this Agreement any third party for which Advertiser places Ads.
  2. If Advertiser does not yet have a Referral Fee Agreement (“RFA”) in place with SOLD.com at the time of purchase of this subscription program, Advertiser may proceed with reserving their zip codes by way of paying for the subscription. However, Advertiser acknowledges that they will not be displayed on the SOLD.com platform until the RFA is executed. If no RFA is executed within 30 days of subscription purchase, SOLD.com may terminate the subscription.

b. Display

SOLD.com shall, for a period of time as indicated in the corresponding Ad Order (the "Term" or “Subscription Term”), display an Ad including the Ad Materials on www.SOLD.com and/or other URLs controlled by SOLD.com (the "SOLD.com Sites"), and on websites and applications owned or operated by SOLD.com's authorized licensees (the "Licensee Sites") when applicable. SOLD.com shall display Guaranteed Display Ads on search results pages for areas located in the ZIP code designated by Advertiser, or on other pages on the SOLD.com Sites or the Licensee Sites served to users who have visited pages for those ZIP codes. The order process may include a prediction of how many times the Ads are estimated to be viewed during the Term and/or how many leads Advertiser will receive but SOLD.com cannot guarantee the number of views or leads for Ads. Advertiser understands that users of the SOLD.com Sites and Licensee Sites, automated computers, third parties, and SOLD.com itself may generate views, impressions or clicks on Advertiser's ads for proper or improper purposes. SOLD.com has priced the Ads with this risk in mind, and Advertiser accepts this risk in purchasing an Ad.

c. Ad Correction

SOLD.com does not review all Ads prior to display, but SOLD.com or users of the SOLD.com Sites or the Licensee Sites may identify concerns with any given Ad. SOLD.com may send Advertiser an email notifying Advertiser to modify Ad Materials as posted, due to error or due to a violation of this Agreement, the Policies, the Terms of Use for the SOLD.com Sites, or for any other reason. If Advertiser does not modify the Ad Materials to comply after notice, SOLD.com will not be required to display the corresponding Ad or to refund any prepaid amounts to Advertiser. Alternatively, SOLD.com has the right, but not the obligation, to modify the Ad Materials for format, spelling, or other matters of presentation, or to comply with the terms of this Agreement, the Policies, or the Terms of Use for the SOLD.com Sites. Advertiser grants SOLD.com permission to utilize an automated software program to retrieve and analyze websites associated with the Advertised Properties and Services for ad quality and serving purposes.

d. Impression-based Guaranteed Display

Although an Ad Order may include an estimate of how many times an Ad will be displayed each month, SOLD.com cannot guarantee that impressions of the Ad will be uniformly distributed during any month or that the estimated number of impressions will be delivered during the Term.

e. Listing Ad Updates

SOLD.com may send email to Advertiser, asking Advertiser to confirm the continued currency and accuracy of an Ad. If Advertiser does not respond to the update request within the time frame specified, SOLD.com may remove the Ad from the SOLD.com Sites without refunding any prepaid amounts to Advertiser. Advertiser may reinstate the Ad, or revise it with different content, at any time during the remainder of the Term of the Ad.

3. Termination

a. Non-refundable

All Ad purchases are nonrefundable for the term or months that have expired. Refunds will only apply as outlined in Section 3(c.).

b. Term

Guaranteed Display Ads run for the Term, then automatically renew for a subsequent equal term. Term renewals are as described below.

c. No Refund; Repayment of Discount for Early Termination.

SOLD.com may, in its sole discretion, change the price to be paid by an Advertiser for such Guaranteed Display Ad, effective as of the beginning of any such renewal term. Advertiser will be notified via email of any change in price and may terminate a Guaranteed Display Ad by sending an email to contact@SOLD.com. Advertiser may also terminate a SOLD.com Ad by calling SOLD.com Customer Support at844-953-7653. Upon providing notice to SOLD.com, Advertiser may terminate a Guaranteed Display Ad before the end of the Term, however: (A) past months are not refundable; (B) if Advertiser cancels during a billing cycle or in the middle of the month, Advertiser will be billed the full amount for the billing cycle or month of the then current Term or Subscription Term, as applicable; and (C) if Advertiser has received a discount, upon early termination, SOLD.com will hold back from the requested refund an amount equal to the total discount that Advertiser would have received during the months remaining in the Term or Subscription Term (D) a refund will only be applicable to unused months that remain in the term and SOLD.com will not be responsible for any other charge, refund, expense or cost. Upon providing notice to Advertiser, SOLD.com may terminate a Guaranteed Display Ad, effective immediately.

d. Restart

In the event Advertiser or SOLD.com stops the display of Advertiser's Ads, Advertiser is responsible to restart display, which may require a modification to the Ad Materials. Ads terminated online will cease serving shortly after cancellation or suspension.

e. Survival

SOLD.com reserves the right to suspend or terminate any Ads program and/or the terms of this Agreement at any time. Sections 1, 2(a), 3, 4, 5, 6, 7, and 8 will survive any termination of this Agreement.

4. Prohibited Uses; License Grant; Representations and Warranties

Advertiser shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions for Advertiser's own advertisements or any other advertisements on the SOLD.com Sites or the Licensee Sites; (b) use any automated means of scraping or data extraction to collect SOLD.com advertising-related information from any SOLD.com Site or Licensee Site except as expressly permitted by SOLD.com in writing; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice. Advertiser represents and warrants to SOLD.com that it holds and hereby grants SOLD.com all rights (including any copyright, trademark, patent, publicity or other rights) in Ad Materials, Website Content and Advertised Properties and Services necessary for SOLD.com to operate the Ads program (including any rights needed to use, reproduce, modify, distribute, perform, display, and create derivative works of Ad Materials) in connection with this Agreement. Advertiser represents and warrants to SOLD.com that all Advertiser information provided in connection with Advertiser's account and any Ad Order is complete, correct and current. Further, Advertiser represents and warrants that, regarding any rights granted by Advertiser hereunder, Ad Materials, Website Content and Advertised Properties and Services will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third-party rights (including intellectual property rights). Violation of the foregoing may result in immediate termination of Advertiser's Ad Order(s) and/or Advertiser's account without notice, without limiting any other remedies available to SOLD.com.

5. Disclaimer and Limitation of Liability

SOLD.COM PROVIDES THE ADS PROGRAMS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLD.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOLD.COM, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NONINFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, SOLD.com disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on any SOLD.com Site or Licensee Site, or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the SOLD.com Site(s) or the Licensee Site(s). EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SOLD.COM BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

6. Payment

Advertiser shall be responsible for all charges as provided via Advertiser's account, and shall pay all charges in U.S. Dollars. For purchases directly from SOLD.com, charges are made against Advertiser's credit card at the time of purchase. In the event Advertiser fails to pay, unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Charges are exclusive of applicable taxes. Advertiser is responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) SOLD.com incurs in collecting unpaid amounts. To the fullest extent permitted by law, Advertiser waives all claims relating to charges (including any claims for charges based on suspected invalid clicks) unless claimed within sixty (60) days after the charge (without prejudice to Advertiser's credit card issuer rights). Charges are based solely on SOLD.com's measurements for the Ads program. To the fullest extent permitted by law, refunds (if any) are at the sole discretion of SOLD.com. Nothing in this Agreement may obligate SOLD.com to extend credit to any party. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to SOLD.com may be shared by SOLD.com with companies who work on SOLD.com's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to SOLD.com and servicing Advertiser's account. SOLD.com may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. SOLD.com shall not be liable for any use or disclosure of such information by such third parties.

7. Changes to Terms of the Agreement and or the Ads Programs

SOLD.com may change the terms of this Agreement at any time upon notice and without liability. SOLD.com may give notice as described in Section 10 below, or SOLD.com may give notice by email. SOLD.com further reserves the right to change or discontinue any or all of the Ads programs at any time with or without notice.

8. Indemnification

Advertiser shall indemnify and defend SOLD.com, its authorized licensees, suppliers, agents, affiliates, and licensors from any third-party claim or liability arising out of: (i) Ad Materials, (ii) Advertised Properties and Services, (iii) Website Content, (iv) Advertiser's violation of federal, state, local or any other laws or regulations; and (v) Advertiser's breach of this Agreement or any other applicable terms and conditions, including but not limited to the Guaranteed Display Terms of Use and the SOLD.com Terms and Conditions.

8. Indemnification

Advertiser shall indemnify and defend SOLD.com, its authorized licensees, suppliers, agents, affiliates, and licensors from any third-party claim or liability arising out of: (i) Ad Materials, (ii) Advertised Properties and Services, (iii) Website Content, (iv) Advertiser's violation of federal, state, local or any other laws or regulations; and (v) Advertiser's breach of this Agreement or any other applicable terms and conditions, including but not limited to the Guaranteed Display Terms of Use and the SOLD.com Terms and Conditions.

9. Consent

Advertiser agrees that SOLD.com, or a third party acting on behalf of SOLD.com, may call and/or send text messages to the telephone number(s) provided by Advertiser, including calls and text messages using an automatic telephone dialing system and/or an artificial or prerecorded voice (“Other Messages”). Advertiser further agrees that such calls and/or text messages may constitute telemarketing, e.g. SOLD.com may call with information about new service offerings available to Advertiser. Advertiser understands that agreeing to receive Other Messages that constitute telemarketing is not a condition to purchase.

10. Miscellaneous

This Agreement is governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Advertiser agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Orange County, California for any and all disputes, claims and actions arising from or in connection with the Ads or this Agreement. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses. This Agreement, including the corresponding Ad Order(s), constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void. Advertiser may grant approvals, permissions, extensions and consents by email, but any modifications by Advertiser to the Agreement must be agreed upon in a writing executed by both parties. Notice to Advertiser may be effected by sending an email to the email address specified in Advertiser's account, or by posting a message to Advertiser's account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for a message). A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. SOLD.com and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the applicable Ads program is terminated, SOLD.com shall not be obligated to return any materials to Advertiser.