HSH� Advertiser Agreement
By placing an order for advertising you indicate that you have read this Agreement and you that you accept the terms and conditions specified herein. You agree:
1) that you are solely responsible for complying with all applicable regulatory requirements in connection with your advertisements, including, without limitation, compliance with federal Truth-In-Lending, Fair Credit, and Community Reinvestment requirements, and state and/or local regulatory requirements;
2) that your advertising does not, and will not ever, incorporate information which is or may be found to be false, misleading, defamatory, libelous, slanderous, illegal or threatening;
3) that your advertisement and/or any content of your advertising does not and will not infringe on any intellectual property or other rights of any third party.
And You Warrant:
4) that you have the power and authority to agree to be bound by the terms and conditions this Agreement;
5) that you have sole right, title, and interest, or that you have written permission, to make use the name, logos, trademarks, and appurtenances of the entity under which you advertise and do business;
6) that you comply with all regulatory requirements in connection with and pertaining to your advertisements, and that you have all necessary rights, permits and licenses under all applicable laws, rules and regulations to provide your advertisements, and any financial rates and information included within such advertisements.
7. New Advertisements:
HSH accepts display ads on its sites. All advertising is subject to the approval of HSH, and HSH is the sole arbiter of acceptable advertising. HSH has the right to refuse, reject or remove ads at its sole discretion. Examples of ads which may not be acceptable include advertisements which have excessive animation, flashing images, sound, or video, or which may be offensive. HSH will not be responsible or liable for any loss or damage incurred, or later arising, from your failure to comply with this section.
HSH may offer suggestions regarding the design of your advertisement. You have absolutely no obligation to accept suggestions and you are free to use, modify, or ignore any or all suggestions, as you wish. Under no circumstances, however, shall HSH have any liability whatsoever, or incur any obligation in connection with any suggestions.
HSH may offer various design services for your advertisement at a reduced rate, or at no charge. Rates and specifications are subject to change.
8. 'Showcase' Rate Postings:
HSH Showcase pages are advertising venues (list) which include home pages for lenders (and others) to advertise their loan programs (and other products). HSH issues a password to each advertiser. Your password enables you to log on to HSH.com and update, edit, alter, or otherwise post the rates, terms, and products you wish to display in your advertisement. Passwords are unique and only you or your designated agent can access your advertisement. You may select one or more agents to update your advertisement by simply disclosing your password to them. YOU ARE ADVISED THAT ANYONE USING YOUR PASSWORD IS ASSUMED TO BE YOU, OR YOUR DESIGNATED AGENT, AND IS AUTHORIZED TO UPDATE YOUR ADVERTISEMENT.
HSH may offer to design a Showcase home page or page elements such as logos, images, text, etc. You recognize and understand that all such work will remain the property of HSH, and HSH reserves all copyright for any such work performed. However, HSH may, at its option, release certain elements of the work to you. You understand and agree that is your sole responsibility to carefully inspect, review, and approve your advertisement prior to publication, and you agree that you are solely responsible for the content. You agree that under no circumstances shall HSH have or incur any liability in connection with any content or design services provided.
HSH does not and will not offer suggestions regarding the product types, rates, terms, fees or any other aspect, or relating to any product or service which may be unlawful, regulated, licensed, subject to inspection, or otherwise supervised by any authority or in any jurisdiction.
HSH does not regularly review the content of your advertisement, and you are solely responsible for all rates, terms, products, and associated content displayed in your advertisement. However, HSH reserves the right to remove or suspend your advertisement if, on review by HSH, it determines your advertisement does not comply with any then-current HSH requirement, or for any other reason.
HSH reserves the right to refuse, cancel or remove any advertisement, or any content thereof which, in HSH's sole discretion, does not comply with HSH requirements, or for any reason, or for no reason. HSH shall not be required to provide any reason.
You are encouraged to update your rates at least daily. Advertisements are displayed in latest-to-earliest update sequence.
IN NO EVENT SHALL HSH, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, LOST SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE DATA AND RELATED MATERIALS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT HSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY.
IN NO EVENT SHALL HSH, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO THE DESIGN, CONTENT, OR ANY UNAUTHORIZED ACCESS OR altERATION TO THE CONTENT OF YOUR ADVERTISEMENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HSH.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF ANY REMAINING PREPAID ADVERTISING FEE OR $100, WHICHEVER IS LESS.
HSH charges for and collects in advance for all advertising and services, including renewals.
HSH will automatically renew and bill your account (if payment is via credit card) or issue an invoice in appropriate time to prevent expiration of your advertisement. The renewal charge will be equal to the then-current fees in effect at the time of renewal, inclusive of any applicable sales taxes.
HSH reserves the right to suspend or terminate your advertisement and this Agreement if your account becomes delinquent. At its option HSH may continue to display your advertisement for an indefinite period, and to forward customer requests. However, you agree and acknowledge that HSH has no obligation to forward any customer request.
Delinquent invoices are subject to interest of 1.5% per month on any outstanding balance, plus all expenses of collection. HSH may remove or suspend your advertisement at any time after payment is past due, and may charge a re-activation fee should an advertisement be removed or suspended for non-payment or other breech of this Agreement.
11. Entire Agreement:
This Agreement represents the entire agreement between you and HSH and supersedes all prior agreements, whether written or oral. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect. Any failure by HSH to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. This Agreement shall inure to the benefit of and be binding upon both you and HSH and our respective successors and permitted assigns.