All advertising (classified ads, online classified ads, web banners, display ads) orders, contracts and copies are subject to www.lasubasta.com and La Subasta Inc.’s (Publisher and/or website) approval. Publisher and/or website reserve the right to refuse any advertisement for any reason. It is agreed the Publisher and/or website may not raise the advertising rates of the Customer (Advertiser) for the period specified in this agreement, and that the Advertiser may not cancel this agreement during such period.
In the event that Advertiser decides to remove the advertisement made the subject of this agreement, Advertiser must inform, via written notification, to Publisher and/or website five (5) days prior to the intended date of removal. Publisher and/or website will not be held responsible for continual posting of advertisement made the subject of this agreement unless properly informed as stated above. Written notification should be addressed to La Subasta Inc., and mailed to the following address: 6120 Tarnef; Houston, Texas 77074, return receipt requested.
Advertiser’s ad will go thru a review period where the Publisher and/or website reserve its right to make any corrections necessary. Advertiser will be notified if any modifications are necessary before ad is placed and charges are made. At this time advertiser will be able to accept or cancel the advertisement.
Publisher and/or website reserve the right to cancel this agreement any time for any reason.
When applicable, Publisher and/or website will provide the advertiser with free artwork for the advertisement made the subject of this agreement. All artwork produced and/or developed in conjunction with this agreement is and shall remain the property of the Publisher and/or website, and deemed a copyrighted “Work for Hire” for the benefit of Publisher and/or website and may not be reproduced unless written consent is granted from the Publisher and/or website.
The Advertiser and the advertising agency, when applicable, representing the Advertiser are jointly and severely responsible for payment of the advertisement. Publisher and/or website reserve the right to omit advertisement and cancel this agreement if payment is not received in accordance with the terms of this agreement, invoices and/or credit application.
Publisher and/or website does not guarantee Advertiser’s advertisement in any specific location or page unless specified in the agreement, and the Publisher and/or website’s liability for any error for which it may be legally held responsible will not exceed the cost of the omitted advertisement. This especially includes key numbers in the ad.
All advertisement is accepted for publication with the understanding that the Advertiser and the advertising agency, when applicable, assume full responsibility and liability for all copies submitted and hereby agree to indemnify the Publisher and/or website for any and all monetary expenditures and legal fees which were determined to be necessary by the Publisher and/or website to defend itself from a demand, claim, public attack and/or lawsuit arising from the publication of the contents of the advertising made the subject of this agreement. In agreement, Advertiser will hold harmless the Publisher and/or website, its officers, agents, representatives and employees from any liability and/or damages arising from the publication of the contents of the subject advertisement, including, but not limited to, claims for libel, violation of the right of privacy, copyright infringement and/or plagiarism and legal fees.
Publisher and/or website shall not be liable for failure to print, publish (online or otherwise) and/or circulate any or all issues wherein a tendered advertisement is contained, if such failure is due to the following: labor, disputes, material shortages, floods, fires, public enemy and/or failures in printing and/or transportation, technical failures, government orders, acts of God and/or any other cause beyond the Publisher and/or website’s control. The Publisher and/or website’s sole obligation for failing to print, publish (online or otherwise) and/or circulate any and all issue(s) wherein a tendered advertisement is contained for reason other than the ones stated above, shall be to credit and/or publish (online or otherwise) the subject advertisement in the next available issue. The Publisher and/or website maintain the option of issuing the Advertiser credit or publishing the subject advertisement in the next available issue or day.
Any copy or copy changes requested by advertiser must submitted before the deadline for the issue requested in printed publication or 24 hours prior to online publication; Publisher and/or website assumes no responsibility for copy material submitted after deadline date.
Accounts not paid by the due date will be forwarded to a third party for collection by a collection agency or Attorney.
It is understood and agreed that upon default in payment under this contract, Publisher and/or website may inform the local credit bureau and any other credit information service.
When applicable, the Advertiser herby applies for open accounts credit from the Publisher and/or website The Advertiser understands and agrees that (I) the Publisher and/or website is entitled to rely upon this Application for Credit and any financial statements or other financial information provided from time by or on behalf of the Advertiser, (II) the Publisher and/or website may at any time from time to time modify the limits of open account credit available to the Advertiser and the terms and conditions upon which open account credit accommodations will be extended to the Advertiser, (III) each invoice is due and payable in accordance with all the terms and conditions of this Application for Credit, advertising agreement and such invoice (including, but not limited to payment terms contained herein), notwithstanding any contrary provision in any purchase order, confirmation or other form or instrument prepared by the Advertiser, its employees or agents, (IV) in addition to any other remedy to which the Seller may be entitled, the Publisher and/or website shall be entitled to charge interest at the highest rate permitted by law on any invoice not paid in accordance with invoice terms, (V) the Advertiser shall be obligated for the costs and expenses of legal councils in collection, (VI) the Publisher and/or website is hereby authorized by the Advertiser to at any time and from time to time to generate or to obtain one or more credit or investigate reports from credit reporting agencies or others regarding the Advertiser, its principals and officers and any guarantor on the Advertiser’s obligation, (VII) the alternative Dispute Resolution Provision at the conclusion of this Application for Credit are Incorporated herein and specifically made a part thereof and (VIII) all obligations incurred by the Advertiser to the Publisher and/or website are performable in Harris County, Texas and jurisdiction and venue shall be in Harris County Texas.
ALTERNATIVE DISPUTE RESOLUTION PROVISIONS:
Any dispute which arises out of the sale of services by the Publisher and/or website to the Advertiser shall be submitted to binding arbitration in Houston, Harris County Texas, however violations or threatened violations of the Publisher and/or website’s intellectual property rights, shall give the Publisher and/or website the rights, at its option, to seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and in Harris County. The Advertiser agrees and consents to exclusive jurisdiction and venue in such courts in Harris County, Texas and that the law of Texas shall apply. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association in Houston, Harris County, Texas. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through mass or class arbitration proceedings or otherwise.