Standard Terms and Conditions
Effective February 1, 2010
Acknowledgement & Acceptance of Agreement
EngineersEdge.com (Engineers Edge, LLC) publishes and maintains business listing(s) for, and/or link(s) to, its web site(s) for inclusion on EngineersEdge.com web site and on the web sites of EngineersEdge.com network partners.
Such listings and links may be any of the following types: Pay-Per-Click, Directory Inclusion, Article web pages "Editorial, Article", Press Releases, Premium Advertising Media and others. The terms and conditions applicable are set forth below. In connection with the Premium Advertising Media service and PPC (Pay Per Click), Advertiser may be granted access to EngineersEdge.com access program interface as required.
Notification of Changes
Whenever EngineersEdge.com changes the Listings Service Agreement (Agreement), we will post those changes to this web page and will update the "Last Updated" date at the top of this Agreement. Advertiser agrees to be bound to any changes to this Agreement when Advertiser uses the services after any such modification is posted. It is therefore important that Advertiser reviews this Agreement regularly to ensure Advertiser is updated as to any changes.
Terms of Agreement
EngineersEdge.com may, at any time in its sole discretion, with or without cause, terminate this Agreement, cancel any listings or links submitted under this Agreement and/or restrict, suspend or terminate Advertiser's access to the EngineersEdge.com advertising program and associated interfaces. EngineersEdge.com will attempt to notify Advertiser of such cancellation, termination, suspension or restriction through email, phone or another method chosen by EngineersEdge.com.
Advertiser's subscription to the Directory Inclusion service will be automatically renewed for successive one-year terms, unless Advertiser notifies EngineersEdge.com in writing at least thirty (30) days prior to such renewal of its intent to cancel the Directory Inclusion service. The cost of the renewed Directory Inclusion will be the then-current standard rate. Advertiser's credit card will be charged the non-refundable renewal fee in accordance with the terms of this Agreement. If EngineersEdge.com is unable to process Advertiser's credit card payment because the credit card has expired or is otherwise invalid, then EngineersEdge.com may contact Advertiser to obtain payment information and/or cancel Advertiser's Inclusion subscription.
Advertiser may cancel any listing or link, and/or terminate this Agreement by canceling all listings and links hereunder, with or without cause, at any time, subject to the terms of this agreement. Advertisers that cancel active listings or links will not receive any refund, and EngineersEdge.com shall have no obligations with regard to canceled listings or links.
Payment Terms and Fees
Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify EngineersEdge.com in writing within sixty (60) days after any such charge; failure to so notify EngineersEdge.com shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by EngineersEdge.com. No other measurements or statistics of any kind shall be accepted by EngineersEdge.com or have any effect under this Agreement.
Engineers Edge.com requires one of the following payment methods to be executed before advertising will commence.
Prepayment Option: To publish or renew advertising (Article Listing, Directory Inclusion, PPC, etc..), prepayment may be facilitated by issuing an advertiser's company check or utilizing Engineers Edge.com Credit Card payment form available on the following web page:
Prepayment may also be executed by Engineers Edge.com staff with a valid Visa, Master Card or American Express credit card number that is on file with us.
Invoicing Payment Option: To publish or renew advertising (Article Listing, Directory Inclusion, PPC, etc..) before payment is received by EngineersEdge.com with an invoice, Advertiser must maintain a valid Visa, Master Card or American Express credit card number on file with us; provided, however, that a credit card number is not required where Advertiser has applied for and received approval from EngineersEdge.com for payment exclusively by invoice.
Should Advertiser pay for advertising by invoice (subject to EngineersEdge.com's approval as set forth above), Advertiser will be billed via an invoice e-mailed to Advertiser at the e-mail address designated and maintained by Advertiser. Invoiced amounts are due within 20 days of the invoice date. If an invoiced amount has not been paid within twenty one (21) days after the date of invoice, EngineersEdge.com will have the right (without limiting its other rights and remedies) to charge the Advertiser's credit card on file with EngineersEdge.com (if any) for the amount due.
Editorial Standards and Requirements
Advertiser's entries may be written by EngineersEdge.com, or written by Advertiser subject to EngineersEdge.com's approval. Advertiser agrees to be bound by and follow the EngineersEdge.com editorial standards as described in EngineersEdge.com's Editorial Guidelines. Advertiser's submissions to the EngineersEdge.com site or network partner sites will be subject to EngineersEdge.com editorial review, modification and/or removal in EngineersEdge.com's sole discretion. EngineersEdge.com reserves the right, but not the obligation, to review Advertiser submissions.
ADVERTISER REPRESENTS AND WARRANTS THAT ITS LISTINGS, LINKS AND SUBMISSIONS TO THE ENGINEERSEDGE.COM SITE AND NETWORK PARTNER SITES DO NOT, AND WILL NOT INCLUDE CONTENT, OR LINKS TO CONTENT, WHICH MAY RESULT IN A CLAIM AGAINST, OR CIVIL OR CRIMINAL LIABILITY TO, ENGINEERSEDGE.COM OR ITS AFFILIATE(S) OR PARTNER(S) OR THAT OTHERWISE VIOLATES APPLICABLE LAW OR THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FRAUDULENT, DECEPTIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ADULT-THEMED, INFRINGING OR THAT VIOLATES THE PRIVACY, PUBLICITY OR ANY OTHER RIGHT(S) OF A THIRD PARTY.
ADVERTISER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS ENGINEERSEDGE.COM AND ITS AFFILIATES AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AGENTS, LICENSEES AND EMPLOYEES, FROM AND AGAINST ALL THIRD PARTY CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES (COLLECTIVELY, "LOSSES") THAT MAY AT ANY TIME BE INCURRED AS A RESULT OF ANY THIRD PARTY CLAIMS, SUITS OR PROCEEDINGS: (A) ARISING OUT OF ANY BREACH BY ADVERTISER OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; OR (B) ARISING FROM THE CONTENT OR SUBJECT MATTER OF ANY ADVERTISER LISTING, LINK, SUBMISSION OR CONTENT OF SITES TO WHICH VISITORS CAN LINK THROUGH ADVERTISER'S LINKS OR LISTINGS. ENGINEERSEDGE.COM RETAINS COMPLETE EDITORIAL DISCRETION WITH RESPECT TO ALL LISTINGS AND LINKS, INCLUDING, WITHOUT LIMITATION, REGARDING THE SELECTION, PLACEMENT, KEYWORDS, TITLE, DESCRIPTIONS AND MULTILINKS.
EngineersEdge.com endeavors to protect the security of Advertiser's payment information during transmission by using Secure Sockets Layer ("SSL") when receiving payment information through the EngineersEdge.com web site. It is important for Advertiser to protect against unauthorized access to your password and your computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser's account on EngineersEdge.com.
Advertiser hereby grants to EngineersEdge.com a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser's listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the "Advertiser Marks"), for purposes of providing the services covered by this Agreement; and (ii) incorporate in EngineersEdge.com's and its network partners' sites links provided by Advertiser as part of its listings and submissions.
NEITHER ENGINEERSEDGE.COM NOR ITS SUPPLIERS OR VENDORS MAKE ANY WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. ENGINEERSEDGE.COM'S OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, TERRORISM, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND ENGINEERSEDGE.COM'S REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT ENGINEERSEDGE.COM'S SITE IS OPERATED ON AN "AS IS", "AS AVAILABLE" BASIS, AND THAT NEITHER ENGINEERSEDGE.COM NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL ENGINEERSEDGE.COM OR ANY OF ITS SUPPLIERS, VENDORS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL ENGINEERSEDGE.COM'S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO ENGINEERSEDGE.COM BY ADVERTISER UNDER THIS AGREEMENT DURING THE SIX MONTH PERIOD PRIOR TO THE TIME THE APPLICABLE CLAIM ACCRUED.