Terms and Conditions
WEBSITE LEASE
This Website Lease Agreement is between Platinum Media Solutions, LLC hereafter referred to as the Lessor (Website Owner) and you and your company, hereafter referred to as the Lessee.
The Lessee, by executing and accepting this Website Lease Agreement, agrees to lease one or more websites with custom domain names and the ensuing website(s) which are to be constructed by Lessor within 21 business days of the execution of this agreement.
The website(s) will be created by Lessor to specifically target prospective medical spa clients in the Lessee’s general market area.
Lessor shall develop the website(s) content and focus based on Cellular Medicine Association procedures which may include the O-Shot®, P-Shot®, Vampire Facial®, Vampire Facelift®, Vampire Breast Lift®, Vampire Hair Restoration®, or other related services, procedures using Platelet-Rich Plasma (PRP), common questions related to CMA procedures, and other relevant topics. The Lessee may provide up to three (3) additional pages of content to be included on the website(s).
The website will incorporate the Lessor’s branding, company or practice name, logo, practitioner’s name, team member information, professional credentials, map, contact information, contact forms, disclaimers and disclosures as provided by the Lessee, special offers, articles, research, videos, and other related content for the purpose of promoting the Lessee's medical procedures to prospective clients.
The design and search engine optimization techniques used for the website shall be solely developed, designed and controlled by the Lessor.
EXCLUSIVITY.
For standard websites, which do not include direct competitive marketing services such as search engine optimization or pay-per-click advertising, there is no granted or implied exclusivity. In simple terms, more than one CMA member in your market area may use a similar website.
For competitive marketing services that include services such as Search Engine Optimization services, Pay Per Click Marketing, and Organic Traffic Generation systems, the Lessor agrees to provide this service exclusively to the Lessee in the defined geographical target market area and target niche, generally agreed upon as a geographical area encompassing a 10-mile radius around the practice address.
LEASE TERM. The term on this lease for websites shall be for twelve months from the date of initial payment and will automatically renew for an additional twelve-month term thereafter, and each successive twelve month period thereafter.
In the event Lessor or Lessee desires to terminate this lease, written notice must be given to the other party at the address or email address provided herein and postmarked or time-stamped not less than 30 days prior to the upcoming expiration date. Failure to give said notice in accordance herewith automatically renews the term of this lease.
Upon early termination of this lease by either party, the Lessee acknowledges and understands that Platinum Media Solutions, LLC (Lessor) shall retain full ownership rights to the domain, hosting, website design, search engine optimization techniques, strategies and content for the website in its entirety except for any images or textual content provided to Lessor by Lessee. In such case, Lessor will delete such images and content including Lessee's company name, logo, and contact information from the website within 7 days of the termination of this agreement.
Following termination of the website lease, the Lessor may utilize the domain and website at its own discretion. Following the completion of the first twelve-month lease term, assuming all outstanding payments have been received, the ownership rights to the domain, website, content, and images may be transferred to the Lessee upon request. If the Lessee wishes to transfer the website to a different hosting service, the transfer must be completed within 14 days of termination of this agreement. If the transfer has not been completed within 14 days, the Lessee will be responsible for the regular monthly payment for each 30-day extension of this agreement. Upon request, the Lessor will provide the necessary files and general support to facilitate the transfer to a new hosting environment. If additional support is required, there may be an extra charge incurred which will be billed at our normal support rate, currently $125 per hour.
REFUNDS: THERE ARE NO REFUNDS PROVIDED ON INITIAL DEVELOPMENT FEES OR MONTHLY PAYMENTS FOR ANY WEB OR MARKETING SERVICES. At the sole discretion of Platinum Media Solutions, LLC, a credit may be applied towards current or future services. Lessee agrees they will NOT request a CHARGEBACK OR DISPUTE A PAYMENT with their credit card provider. Platinum Media Solutions, LLC will make every reasonable attempt to rectify any complaints, issues or concerns without the necessity of unreasonable chargebacks and disputes. In the event the Lessee files a chargeback or dispute with their credit card company, Platinum Media Solutions, LLC reserves the right to cancel any and all other services with no refunds provided. Upon notification of a chargeback, all rights to websites, domains, and other digital assets, are immediately transferred to, retained by or reverted to Platinum Media Solutions, LLC.
PAYMENT TERMS. The Lessee shall make one initial payment by credit card herewith, and monthly installments by credit card payable on the first day of each month of the term and all renewals, beginning on the launch date of the website.
All fees and costs customarily involved with the construction of the website as named above, hosting, maintenance, domain purchasing, renewals and search engine optimization of the website shall be at the sole expense of the Lessor (owner of the website) and not the Lessee.
Ownership of the website and content. The website, content, and domain name will be deemed to be the property of the Lessor, regardless of the manner in which it may be attached to any other property or website. Domain registration shall at all times remain in the name of Lessor, its heirs, successors and/or assigns, and shall remain the responsibility of Lessor for the duration of this lease. Lessor shall keep registration up to date. Lessor shall not be responsible for errors or actions made by the registrar. Nothing herein shall be construed to affect a transfer of ownership, change of registrar, nor Technical or Administrative designees with Registrar. Lessee shall immediately advise Lessor regarding any notice of any claim, levy, lien, or legal process issued against the website, content, or domain name.
Guarantee: The Lessor does not guarantee the amount of website traffic nor the number of leads that are generated by the leased website with respect to this Website Lease Agreement. Geographic area and demographics play a large part in the traffic count and lead generation as does the website positioning and efficiency of Lessee in converting leads. The Lessor does agree to monitor the website positioning and further agrees to alter or revise the website as it deems necessary in order to obtain optimal website rankings on the major search engines for the exposure and branding of the Lessee. The Lessor's goal and intent is to provide exceptional exposure on the internet for the leased website in order to advance and enhance the new client development of the Lessee's practice.
Disclaimer: EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND PLATINUM MEDIA SOLUTIONS, LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PLATINUM MEDIA SOLUTIONS, LLC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability: PLATINUM MEDIA SOLUTIONS, LLC’S TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY LESSEE TO PLATINUM MEDIA SOLUTIONS, LLC FOR THE SERVICES (AS APPLICABLE) UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER PARTY SHALL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law: The Website Lease Agreement shall be governed by the laws of the State of North Carolina as they apply to contractual agreements and in accordance to the state whereby such Website Lease Agreement was executed by the Lessor (website owner). Except as provided herein, all rights of the parties involved are cumulative and additional to any rights that the parties may have in law or in equity.
Severability and Waiver: Should any provision of the Website Lease Agreement be held by a court of law to be illegal, unenforceable or invalid, the legality and enforceability of all other remaining provisions of the Website Lease Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Website Lease Agreement, unless waived in writing, shall not constitute a waiver of the party's right to enforce each and every other term and condition of the Website Lease Agreement.
ENTIRE AGREEMENT AND MODIFICATION. This Lease constitutes the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties.
The Lessee, by executing and accepting this Website Lease Agreement, agrees to lease one or more websites with custom domain names and the ensuing website(s) which are to be constructed by Lessor within 21 business days of the execution of this agreement.
The website(s) will be created by Lessor to specifically target prospective medical spa clients in the Lessee’s general market area.
Lessor shall develop the website(s) content and focus based on Cellular Medicine Association procedures which may include the O-Shot®, P-Shot®, Vampire Facial®, Vampire Facelift®, Vampire Breast Lift®, Vampire Hair Restoration®, or other related services, procedures using Platelet-Rich Plasma (PRP), common questions related to CMA procedures, and other relevant topics. The Lessee may provide up to three (3) additional pages of content to be included on the website(s).
The website will incorporate the Lessor’s branding, company or practice name, logo, practitioner’s name, team member information, professional credentials, map, contact information, contact forms, disclaimers and disclosures as provided by the Lessee, special offers, articles, research, videos, and other related content for the purpose of promoting the Lessee's medical procedures to prospective clients.
The design and search engine optimization techniques used for the website shall be solely developed, designed and controlled by the Lessor.
EXCLUSIVITY.
For standard websites, which do not include direct competitive marketing services such as search engine optimization or pay-per-click advertising, there is no granted or implied exclusivity. In simple terms, more than one CMA member in your market area may use a similar website.
For competitive marketing services that include services such as Search Engine Optimization services, Pay Per Click Marketing, and Organic Traffic Generation systems, the Lessor agrees to provide this service exclusively to the Lessee in the defined geographical target market area and target niche, generally agreed upon as a geographical area encompassing a 10-mile radius around the practice address.
LEASE TERM. The term on this lease for websites shall be for twelve months from the date of initial payment and will automatically renew for an additional twelve-month term thereafter, and each successive twelve month period thereafter.
In the event Lessor or Lessee desires to terminate this lease, written notice must be given to the other party at the address or email address provided herein and postmarked or time-stamped not less than 30 days prior to the upcoming expiration date. Failure to give said notice in accordance herewith automatically renews the term of this lease.
Upon early termination of this lease by either party, the Lessee acknowledges and understands that Platinum Media Solutions, LLC (Lessor) shall retain full ownership rights to the domain, hosting, website design, search engine optimization techniques, strategies and content for the website in its entirety except for any images or textual content provided to Lessor by Lessee. In such case, Lessor will delete such images and content including Lessee's company name, logo, and contact information from the website within 7 days of the termination of this agreement.
Following termination of the website lease, the Lessor may utilize the domain and website at its own discretion. Following the completion of the first twelve-month lease term, assuming all outstanding payments have been received, the ownership rights to the domain, website, content, and images may be transferred to the Lessee upon request. If the Lessee wishes to transfer the website to a different hosting service, the transfer must be completed within 14 days of termination of this agreement. If the transfer has not been completed within 14 days, the Lessee will be responsible for the regular monthly payment for each 30-day extension of this agreement. Upon request, the Lessor will provide the necessary files and general support to facilitate the transfer to a new hosting environment. If additional support is required, there may be an extra charge incurred which will be billed at our normal support rate, currently $125 per hour.
REFUNDS: THERE ARE NO REFUNDS PROVIDED ON INITIAL DEVELOPMENT FEES OR MONTHLY PAYMENTS FOR ANY WEB OR MARKETING SERVICES. At the sole discretion of Platinum Media Solutions, LLC, a credit may be applied towards current or future services. Lessee agrees they will NOT request a CHARGEBACK OR DISPUTE A PAYMENT with their credit card provider. Platinum Media Solutions, LLC will make every reasonable attempt to rectify any complaints, issues or concerns without the necessity of unreasonable chargebacks and disputes. In the event the Lessee files a chargeback or dispute with their credit card company, Platinum Media Solutions, LLC reserves the right to cancel any and all other services with no refunds provided. Upon notification of a chargeback, all rights to websites, domains, and other digital assets, are immediately transferred to, retained by or reverted to Platinum Media Solutions, LLC.
PAYMENT TERMS. The Lessee shall make one initial payment by credit card herewith, and monthly installments by credit card payable on the first day of each month of the term and all renewals, beginning on the launch date of the website.
All fees and costs customarily involved with the construction of the website as named above, hosting, maintenance, domain purchasing, renewals and search engine optimization of the website shall be at the sole expense of the Lessor (owner of the website) and not the Lessee.
Ownership of the website and content. The website, content, and domain name will be deemed to be the property of the Lessor, regardless of the manner in which it may be attached to any other property or website. Domain registration shall at all times remain in the name of Lessor, its heirs, successors and/or assigns, and shall remain the responsibility of Lessor for the duration of this lease. Lessor shall keep registration up to date. Lessor shall not be responsible for errors or actions made by the registrar. Nothing herein shall be construed to affect a transfer of ownership, change of registrar, nor Technical or Administrative designees with Registrar. Lessee shall immediately advise Lessor regarding any notice of any claim, levy, lien, or legal process issued against the website, content, or domain name.
Guarantee: The Lessor does not guarantee the amount of website traffic nor the number of leads that are generated by the leased website with respect to this Website Lease Agreement. Geographic area and demographics play a large part in the traffic count and lead generation as does the website positioning and efficiency of Lessee in converting leads. The Lessor does agree to monitor the website positioning and further agrees to alter or revise the website as it deems necessary in order to obtain optimal website rankings on the major search engines for the exposure and branding of the Lessee. The Lessor's goal and intent is to provide exceptional exposure on the internet for the leased website in order to advance and enhance the new client development of the Lessee's practice.
Disclaimer: EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND PLATINUM MEDIA SOLUTIONS, LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PLATINUM MEDIA SOLUTIONS, LLC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability: PLATINUM MEDIA SOLUTIONS, LLC’S TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY LESSEE TO PLATINUM MEDIA SOLUTIONS, LLC FOR THE SERVICES (AS APPLICABLE) UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER PARTY SHALL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law: The Website Lease Agreement shall be governed by the laws of the State of North Carolina as they apply to contractual agreements and in accordance to the state whereby such Website Lease Agreement was executed by the Lessor (website owner). Except as provided herein, all rights of the parties involved are cumulative and additional to any rights that the parties may have in law or in equity.
Severability and Waiver: Should any provision of the Website Lease Agreement be held by a court of law to be illegal, unenforceable or invalid, the legality and enforceability of all other remaining provisions of the Website Lease Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Website Lease Agreement, unless waived in writing, shall not constitute a waiver of the party's right to enforce each and every other term and condition of the Website Lease Agreement.
ENTIRE AGREEMENT AND MODIFICATION. This Lease constitutes the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties.
Terms and Conditions
DIGITAL MARKETING SERVICES
This Digital Marketing Services Agreement is between Platinum Media Solutions, LLC hereafter referred to as the Company (Company) and you and your company, hereafter referred to as the Client.
The Client, by executing and accepting this Digital Marketing Services Agreement, agrees to engage the Company to create, develop, and deliver digital marketing services such as video production, video post-production, video optimization, search engine optimization, local business listing optimization, press releases, lead generation, website traffic generation, online reputation marketing, and other products or services.
EXCLUSIVITY.
For standard websites, company websites, press releases, local business listing optimization, video production and post-production and other services which do not involve direct competitive marketing services, there is no granted or implied exclusivity. In simple terms, more than one company, practice, or CMA member in your market area may use a similar website, and we may provide services to more than one medical spa, physician, medical practitioner, or other business in a similar industry.
For competitive marketing services such as Search Engine Optimization services, Pay Per Click Marketing, Organic Traffic Generation systems, the Company agrees to provide this service exclusively to the Client in the defined geographical target market area and target niche, generally agreed upon as a geographical area encompassing a 10-mile radius around the practice address.
TERM. The term on this agreement for digital marketing services shall be month to month or by the project unless otherwise agreed to in writing.
REFUNDS: THERE ARE NO REFUNDS PROVIDED ON INITIAL DEVELOPMENT FEES OR MONTHLY PAYMENTS FOR ANY WEB OR MARKETING SERVICES. At the sole discretion of Platinum Media Solutions, LLC, a credit may be applied towards current or future services. Client agrees they will NOT request a CHARGEBACK OR DISPUTE A PAYMENT with their credit card provider. Platinum Media Solutions, LLC will make every reasonable attempt to rectify any complaints, issues or concerns without the necessity of unreasonable chargebacks and disputes. In the event the Client files a chargeback or dispute with their credit card company, Platinum Media Solutions, LLC reserves the right to cancel any and all other services with no refunds provided. Upon notification of a chargeback, all rights to websites, domains, and other digital assets, are immediately transferred to, retained by or reverted to Platinum Media Solutions, LLC.
PAYMENT TERMS. The Lessee shall make one initial payment by credit card herewith, and monthly installments by credit card payable on the first day of each month of the term and all renewals, beginning on the launch date of the website or digital marketing service, when applicable.
Ownership of the content. Digital assets, content, or videos created on behalf of the Client in respect to this agreement will be deemed to be the property of the Client, regardless of the manner in which it may be attached to any other property or website.
Guarantee: The Company does not guarantee the amount of website traffic nor the number of leads that are generated through the delivery of any digital marketing services with respect to this Digital Marketing Services Agreement.
Disclaimer: EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND PLATINUM MEDIA SOLUTIONS, LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PLATINUM MEDIA SOLUTIONS, LLC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability: PLATINUM MEDIA SOLUTIONS, LLC’S TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY LESSEE TO PLATINUM MEDIA SOLUTIONS, LLC FOR THE SERVICES (AS APPLICABLE) UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER PARTY SHALL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law: The Digital Marketing Services Agreement shall be governed by the laws of the State of North Carolina as they apply to contractual agreements and in accordance to the state whereby such Digital Marketing Services Agreement was executed by the Company. Except as provided herein, all rights of the parties involved are cumulative and additional to any rights that the parties may have in law or in equity.
Severability and Waiver: Should any provision of the Digital Marketing Services Agreement be held by a court of law to be illegal, unenforceable or invalid, the legality and enforceability of all other remaining provisions of the Digital Marketing Services Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Digital Marketing Services Agreement, unless waived in writing, shall not constitute a waiver of the party's right to enforce each and every other term and condition of the Digital Marketing Services Agreement.
ENTIRE AGREEMENT AND MODIFICATION. This Digital Marketing Services Agreement constitutes the entire agreement between the parties. No modification or amendment of this agreement shall be effective unless in writing and signed by both parties. This agreement replaces any and all prior agreements between the parties.
The Client, by executing and accepting this Digital Marketing Services Agreement, agrees to engage the Company to create, develop, and deliver digital marketing services such as video production, video post-production, video optimization, search engine optimization, local business listing optimization, press releases, lead generation, website traffic generation, online reputation marketing, and other products or services.
EXCLUSIVITY.
For standard websites, company websites, press releases, local business listing optimization, video production and post-production and other services which do not involve direct competitive marketing services, there is no granted or implied exclusivity. In simple terms, more than one company, practice, or CMA member in your market area may use a similar website, and we may provide services to more than one medical spa, physician, medical practitioner, or other business in a similar industry.
For competitive marketing services such as Search Engine Optimization services, Pay Per Click Marketing, Organic Traffic Generation systems, the Company agrees to provide this service exclusively to the Client in the defined geographical target market area and target niche, generally agreed upon as a geographical area encompassing a 10-mile radius around the practice address.
TERM. The term on this agreement for digital marketing services shall be month to month or by the project unless otherwise agreed to in writing.
REFUNDS: THERE ARE NO REFUNDS PROVIDED ON INITIAL DEVELOPMENT FEES OR MONTHLY PAYMENTS FOR ANY WEB OR MARKETING SERVICES. At the sole discretion of Platinum Media Solutions, LLC, a credit may be applied towards current or future services. Client agrees they will NOT request a CHARGEBACK OR DISPUTE A PAYMENT with their credit card provider. Platinum Media Solutions, LLC will make every reasonable attempt to rectify any complaints, issues or concerns without the necessity of unreasonable chargebacks and disputes. In the event the Client files a chargeback or dispute with their credit card company, Platinum Media Solutions, LLC reserves the right to cancel any and all other services with no refunds provided. Upon notification of a chargeback, all rights to websites, domains, and other digital assets, are immediately transferred to, retained by or reverted to Platinum Media Solutions, LLC.
PAYMENT TERMS. The Lessee shall make one initial payment by credit card herewith, and monthly installments by credit card payable on the first day of each month of the term and all renewals, beginning on the launch date of the website or digital marketing service, when applicable.
Ownership of the content. Digital assets, content, or videos created on behalf of the Client in respect to this agreement will be deemed to be the property of the Client, regardless of the manner in which it may be attached to any other property or website.
Guarantee: The Company does not guarantee the amount of website traffic nor the number of leads that are generated through the delivery of any digital marketing services with respect to this Digital Marketing Services Agreement.
Disclaimer: EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND PLATINUM MEDIA SOLUTIONS, LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PLATINUM MEDIA SOLUTIONS, LLC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability: PLATINUM MEDIA SOLUTIONS, LLC’S TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY LESSEE TO PLATINUM MEDIA SOLUTIONS, LLC FOR THE SERVICES (AS APPLICABLE) UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER PARTY SHALL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law: The Digital Marketing Services Agreement shall be governed by the laws of the State of North Carolina as they apply to contractual agreements and in accordance to the state whereby such Digital Marketing Services Agreement was executed by the Company. Except as provided herein, all rights of the parties involved are cumulative and additional to any rights that the parties may have in law or in equity.
Severability and Waiver: Should any provision of the Digital Marketing Services Agreement be held by a court of law to be illegal, unenforceable or invalid, the legality and enforceability of all other remaining provisions of the Digital Marketing Services Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Digital Marketing Services Agreement, unless waived in writing, shall not constitute a waiver of the party's right to enforce each and every other term and condition of the Digital Marketing Services Agreement.
ENTIRE AGREEMENT AND MODIFICATION. This Digital Marketing Services Agreement constitutes the entire agreement between the parties. No modification or amendment of this agreement shall be effective unless in writing and signed by both parties. This agreement replaces any and all prior agreements between the parties.