NewsReleaseNow.com Terms of Service Agreement
“NewsReleaseNow.com” means NewsReleaseNow. “Client” means the party utilizing NewsReleaseNow.com’s services. “Agreement” means this Terms of Service Agreement. “Content” means all information and materials submitted by Client to NewsReleaseNow.com. “Service” or “Services” means any and all services provided to Client by NewsReleaseNow.com. “Partner” or “Partners” means a third party that has a joint venture, marketing or similar relationship with NewsReleaseNow.com; a third party who broadcasts, displays or distributes the Content with the permission of NewsReleaseNow.com; and any third party who otherwise uses the Content with NewsReleaseNow.com’s permission.
Clients must pay for Services by credit card at the time the Content is submitted. In the event there is a processing error for payment, NewsReleaseNow will invoice Client for the total amount due and payment is due immediately upon receipt of invoice.
Prices for NewsReleaseNow.com’s services may change from time to time. The price actually charged for a specific service will be the price in effect at the time the service is requested, less any applicable discounts that may have been contractually agreed upon in writing between Client and NewsReleaseNow.com.
NewsReleaseNow.com does not and cannot, in any way, guarantee media coverage for Clients. Editors, reporters and producers in the newsrooms ultimately determine Media coverage.
REPRESENTATIONS, WARRANTIES AND COVENANTS
Client is solely responsible for the accuracy and authenticity of the Content submitted by Client to NewsReleaseNow.com. NewsReleaseNow reserves the right to reject copy when necessary in its judgment.
Client represents and warrants to NewsReleaseNow.com that it has the right and is authorized to submit the Content to NewsReleaseNow.com for distribution, broadcasting and/or filing; that the Content is true and accurate; that the Client is not impersonating any person or entity or misrepresenting Client’s affiliation with any person or entity; that the Content complies with all applicable laws and regulations; that the Content will not violate or infringe upon any copyright, trademark, or service mark rights, any other property rights, privacy rights, non-solicitation rights, intellectual property rights, confidentiality rights or other proprietary or contractual rights of any person or entity; that the Content does not contain any information which is libelous, defames or slanders any person or entity, which violates the intellectual property or confidentiality rights of any person or entity; and that Client has investigated the desirability of utilizing NewsReleaseNow.com’s services and is not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service or in the materials on NewsReleaseNow’s web site, “NewsReleaseNow.com.com.”
Client hereby grants NewsReleaseNow.com a non-exclusive, royalty-free, sub-licensable, irrevocable, transferable and assignable license to store, display, reproduce, and distribute the Content submitted to NewsReleaseNow.com. Client also grants NewsReleaseNow.com the right to mention Client’s name in NewsReleaseNow.com’s marketing materials, unless Client requests in writing that NewsReleaseNow.com refrain from such mentions.
INDEMNIFICATION AND LIMITATION OF LIABILITY
In the event any third party brings any action, arbitration, or other legal proceeding (collectively, “legal proceeding”) against NewsReleaseNow.com, its officers, directors, shareholders, agents, employees or other representatives of NewsReleaseNow.com, or against any Partner (collectively hereinafter referred to as “the Indemnified Parties”), Client shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims, actions, suits, proceedings, liabilities, obligations, losses and damages, amounts paid in settlement, interest, costs and expenses (including reasonable attorneys’ fees, court costs and other out-of-pocket expenses incurred in investigating, preparing or defending the foregoing) (collectively, “Losses”) incurred or suffered by any Indemnified Party to the extent that the Losses arise by reason of, or relate to, this Agreement or any breach of any representation, warranty or covenant of Client contained in this Agreement, or the Services provided to Client.
Neither NewsReleaseNow.com, its affiliates nor Partners shall be liable in any way for indirect, incidental, consequential, special or exemplary damages, punitive damages or penalties (even if NewsReleaseNow.com has been advised of the possibility of such damages or penalties), arising out of this Agreement, including but not limited to, loss of revenue or loss of anticipated profits or lost business. This limitation of liability applies to any damages or penalties, including without limitation those caused by any failure of performance, error, omission, interruption, delay in operation or transmission, whether for breach of contract, tortious conduct, acts or omissions, negligence, or under any other claim or cause of action.
Any liability of newsreleasenow.com, its affiliates and partners in connection with, or for products and services provided pursuant to this agreement, shall be strictly limited to the applicable amount (if any) actually paid by or on behalf of client to Newsreleasenow.com.
NewsReleaseNow.com shall use all commercially reasonable efforts to maintain the confidentiality of, and shall not use for purposes unrelated to this Agreement any confidential information or material relating to Client that comes into the possession of NewsReleaseNow.com in connection with this Agreement. The foregoing shall not apply to information in the public domain or which has been previously obtained by NewsReleaseNow.com from a third party without breach of any obligation of confidentiality.
NewsReleaseNow.com shall not be liable for any delay or non-performance arising from any cause out of its reasonable control, including, without limitation, acts of God, government acts, war, riots, terrorism, civil commotion, industrial disputes, technical failure, communications failure, general availability of the internet, weather, flood, fire or explosion, and natural or local emergencies.
This Agreement supersedes all prior proposals; negotiations, representations, agreements and understandings between the parties, including those contained in any confidentiality agreements, and all terms and conditions contained in any Client-provided purchase orders, and constitute the complete and exclusive agreement between Client and NewsReleaseNow. Any notice by Client alleging a breach or dispute arising hereunder, and any other notice required hereunder (including, any notice of non-renewal) shall be sent by confirmed e-mail to Client’s Company sales representative, with a confirmation copy sent in writing and delivered by hand or by an overnight carrier with proof of delivery, to 402 W. Trade Street, Suite 102 Charlotte, NC 28202, Attn: Legal Department.
END OF GENERAL TERMS & CONDITIONS