Terms & Conditions
Each person or entity placing an advertisement on the Inns-for-Sale.com website (hereinafter referred to as an "Advertiser") hereby agrees to the following Terms and Conditions, which shall constitute an Advertising Agreement between the Advertiser and Inns-for-Sale.com. The Terms and Conditions of this Advertising Agreement shall be referred to herein collectively as the "Agreement." Inns-for-Sale.com is a service of Quantum Hospitality Group, Inc., a Maine corporation located at 584 Maine Street, Damariscotta, ME 04543, telephone 207-563-2772 (hereinafter, Inns-for-Sale.com and Quantum Hospitality Group, Inc. shall be referred to collectively as either "Inns-for-Sale.com" or the "Company").
Neither Inns-for-Sale.com nor the Company make any warranties, express or implied, other than those presented in this Agreement.
Inns-for-Sale.com reserves the right to refuse any advertisement for any reason in its sole and exclusive judgment. Inns-for-Sale.com shall be the sole and final arbitrator of whether or not any advertising material is appropriate for inclusion on its website, www.inns-for-sale.com (the "Website"). As used in this Agreement, the term "Advertisement" shall refer to the web page(s) created for the Website by the Advertiser utilizing the templates provided by Inns-for-Sale.com or designed by Inns-for-Sale.com on behalf of Advertiser, as well as any links to third party web pages included thereon.
Inns-for-Sale.com reserves the sole and exclusive right to discontinue any or all Advertisements by any Advertiser for any inn(s) in the event that Inns-for-Sale.com has received more than one unresolved complaint concerning one or more Advertisement of Advertiser, or for any other reasonable grounds, solely within the discretion of Inns-for-Sale.com. Reasonable grounds for discontinuance of any Advertisement shall include, without limitation, the non-payment of any fees when due to Inns-for-Sale.com for such Advertisement.
Advertiser is solely responsible for any legal liability arising out of or relating to (1) any Advertisement, (2) any claims or misrepresentations made in any Advertisement, or (3) any material to which users can link through the Advertisement.
Advertiser represents and warrants that: (1) any Advertisement placed on the Website by Advertiser, or any material provided to Inns-for-Sale.com for placement on the Website, is original, copyrighted material belonging to Advertiser, or that Advertiser has obtained any and all rights, permissions and licenses necessary for Inns-for-Sale.com to use the material in the preparation of Advertiser's web pages and in any other printed matter prepared by Inns-for-Sale.com in the normal course of business; (2) the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights, title or interests of any third party, including, but not limited to, copyright (whether in text, image, software code or music), patent, trademark, trade secret, or any other proprietary or property right; and (3) that the Advertisement will not contain material that includes false advertisements, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violations of any anti-discrimination law or regulation.
Advertiser hereby specifically and irrevocably agrees to indemnify and hold the Company, Inns-for-Sale.com, their directors, officers, or employees, and any assigns and heirs of any of the foregoing, harmless from any and all liability, loss, damages, claims, or causes of action, and/or third party claims, arising out of or related to Advertiser's breach of any of the foregoing representations and warranties, including reasonable legal fees and expenses. When necessary to effectuate the intent of this paragraph, the Advertiser agrees to request that the Company and Inns-for-Sale.com be listed as an additional insured on any policy issued to Advertiser under which there is coverage for any of the forms of legal liability described in this paragraph.
In no event will the Company or Inns-for-Sale.com be liable to advertiser for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not the Company or Inns-for-Sale.com has be advised of the possibility of such damage.
This Agreement will be governed by and construed in accordance with the laws of the State of Maine. The courts located in the State of Maine shall have sole and exclusive jurisdiction over any controversies arising out of, relating to, or in connection with this Agreement, or any breach thereof. Any service of process given to either party via certified U.S. Mail, return receipt request, shall be deemed to have the same force and effect as personal service given within the State of Maine, provided, however, that in order to effectuate service upon the Company or Inns-for-Sale.com, a copy also must be mailed to Quantum Hospitality Group, Inc. and Inns-for-Sale.com, 584 Main Street, Damariscotta, Maine 04543. Advertiser understands and agrees that it is hereby waiving any further objections to choice of law, venue, personal jurisdiction and subject matter jurisdiction in any legal proceeding involving the terms and performance of the Agreement brought in accordance with this paragraph.
This Agreement and any and all exhibits and attachments are the complete and exclusive understanding between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order or prior correspondence between Advertiser and Inns-for-Sale.com. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
Advertiser may cancel this Agreement at any time by giving Inns-for-Sale.com thirty (30) days written notice delivered to Innkeeper Services via email, fax or U.S.P.S. mail and further provided that there is no outstanding balance owed to Inns-for-Sale.com. Inns-for-Sale.com will make every effort to stop displaying Advertiser's web pages immediately upon receipt of such notice. The Advertiser agrees that by canceling the Agreement, it forfeits all fees paid in advance.
By accepting these Terms and Conditions, Advertiser warrants that it has the full right, power, and authority to enter into this Agreement and to make all of the grants, promises, and covenants herein contained.
