Advertising Contract
Terms and Conditions
Thank you for considering advertising on MountainBikeTx.com. The following outlines the terms and conditions of entering into contract with MountainBikeTx.com in regard to advertising on this website.
The term "MountainBikeTx.com" or "Us" or "We" refers to the owner of this website. The term "You" or "Advertiser" refers to the individual or business wishing to advertise on MountainBikeTx.com.
- In order to maintain a Texas-centric website, the advertiser MUST be a Texas-based individual, organization, or business. Requests for exception may be directed to the site administrator here. Keep in mind, however, that non-Texas entities are eligible for site sponsorship. Click here for more information on Sponsoring MountainBikeTx.com
- Banner ads submitted for use must be horizontal banner ads and may not exceed 468 x 60 pixels.
- Payment in full is due within thirty (30) days of submission of Advertising Contract. Advertising privileges will be suspended on accounts over thirty (30) days past due. All expenses and legal fees incurred in collecting outstanding invoices will be paid by the Advertiser. MountainBikeTx.com reserves the right to require payment in advance of publication.
- Advertiser shall submit to MountainBikeTx.com all graphics not later than fourteen (14) days prior to start of advertising period. Graphics requiring further editing will be charged an additional fee of $20. When no other graphic is provided by Advertiser by the insertion date, MountainBikeTx.com may insert a graphic currently used on MountainBikeTx.com (if available). Insertion orders are binding after closing dates. Cancellations must be received no later than five (5) days prior to the Insertion Date. Advertisers canceling after this date will be billed for space ordered. No cancellations are accepted after insertion dates without written agreement from MountainBikeTx.com.
- We reserve the right to reject any advertisement at any time after receipt of proof of text, copy and/or graphics, even though a prior similar order may have been approved. MountainBikeTx.com shall have the right to omit any advertisement when the space allotted to advertising has been filled. Failure of MountainBikeTx.com to insert any advertisement shall be considered immaterial and shall not constitute a breach of this Agreement, nor shall MountainBikeTx.com be liable for damages thereof. In such event, Advertiser shall have the option of having such advertisement displayed at a future time under these Terms and Conditions or of having payment refunded in full for such advertisement not inserted.
- MountainBikeTx.com shall not be liable for any damages for failure to fulfill an order for any reason whatsoever, including but not limited to labor disputes, strike, war, riot, insurrection, civil commotion, fire, flood, accident, storm, act of God, or any other circumstances. In such event, Advertiser’s sole remedies shall be those in paragraph 5 above.
- Any taxes which may be imposed on any advertising shall be advanced by MountainBikeTx.com on behalf of Advertiser, be billed to Advertiser and be due and payable immediately.
- We reserve the right to cancel this Agreement at any time upon Advertiser’s failure to pay any bill when due.
- In the event MountainBikeTx.com must employ an attorney to collect sums due hereunder or to enforce compliance by Advertiser with any of the terms of this Agreement, Advertiser shall pay to MountainBikeTx.com attorney’s fees and other costs incurred by MountainBikeTx.com in connection with any legal actions and appeals thereof.
- Advertisers will be short rated if, within a 12 month period from the date of the first insertion, they do not use the amount of space upon which their billing has been based.
- Advertiser shall indemnify MountainBikeTx.com and hold MountainBikeTx.com harmless from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Us on grounds alleging that any advertisement submitted hereunder by or on behalf of Advertiser violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights. Advertiser agrees at Advertiser’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against MountainBikeTx.com, provided that MountainBikeTx.com shall promptly notify Advertiser with respect thereto. The Advertiser shall reimburse MountainBikeTx.com for any amount paid by MountainBikeTx.com in settlement of claims or in satisfaction of judgments obtained by reason of display of such advertising copy, together with all expenses incurred in connection therewith, including but not limited to, reasonable attorney’s fees and court costs.
- This writing contains the entire Agreement of the Parties. No representations were made or relied upon by either party, other than those expressly set forth in this Agreement. No agent, employee or other representative of either party is empowered to alter any of the terms hereof, unless done in writing and signed by a duly authorized officer, employee or other representative of the respective parties.
- Should any part of this Agreement, for any reason, be declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid portion thereof eliminated and it is hereby declared the intention of the parties hereto that they would have executed the remaining portion of this Agreement without including therein any such part, parts, or portion which may, for any reason, be hereafter declared invalid.
- This Agreement shall be construed under the laws of the State of Texas. Venue for any legal actions regarding this Agreement shall be in the State of Texas.