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Terms of Customer Use Agreement

TERMS OF USE

Effective Date: These Terms of Use are effective as of October 6, 2009.

I. GENERAL

These Terms of Use, and the related Privacy Policy (available on the website and incorporated herein by reference), as each is amended from time to time, as well as all any other rules and restrictions set forth on this web site, apply to you when you view, access or otherwise use the web site located at www.On-Site-Media.com and the advertising service User Interface ("UI") developed and publically displayed by OnSite, which is intended by the parties hereto to be visited by You various end users, and that displays your logos, trademarks, copyrights and other content (collectively referred to as " Your IP ") (the website and the UI are collectively referred to as the "Site") as well as which such Site will also display the trademarks logos and copyrights of other third parties with which OnSite chooses to contract. The Site is owned by OnSite Media, LLC. ("OnSite"), and for the purposes of these Terms of Use, the terms "we," "us," "our," and refer to OnSite. "You" refers to you, as a user of this Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use and the related Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so.

We reserve the right to change these Terms of Use and the Privacy Policy at any time, and you agree that each visit to the Site shall be subject to the then-current Terms of Use and the Privacy Policy. Accordingly, you should check these Terms of Use and the Privacy Policy periodically for changes prior to using the Site. In the event we decide to make material changes to our Privacy Policy, we will attempt to notify you and other users of this site by sending a notice to the primary email address provided to us and/or by placing a notice on our Site. You should periodically check the Site for such notices.

II. USE OF THE SITE AND SITE CONTENT

(a) License to Use the Site

We grant you a nonexclusive, nontransferable, limited right to access, the Site and the copyrighted materials (including but not limited to photographs, graphics, and logos), trademarks and other proprietary information provided hereon ("Site Content"), provided that you comply fully with these Terms of Use. You agree to use the Site and the Site Content only to engage OnSite to display Your IP for view by end users who may or may not be resultant customers of your goods or services . Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose. Your license to use the Site and the IU as set forth above, is subject to and expressly conditioned upon offers or information attached hereto and incorporated herein by this reference and as are applicable to the offers for which you may opt to utilize at OnSite. Your license to access the Site may be immediately terminated by OnSite without notice to You.

(b) Copyright Protection

The Site and all Site Content contained thereon is protected by copyright, including but not solely as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, OnSite by You or other customers of OnSite listed as the provider of the applicable Site Content. UNAUTHORIZED REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAYING, TRANSMITTING, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING OR IN ANY WAY EXPLOITING ANY OF THE SITE CONTENT IS PROHIBITED. All software used on the Site is the exclusive property of OnSite or our software suppliers and protected by United States and international copyright laws. You may download any downloadable Site Content displayed on the Site only for the use described in II (a) above, provided that such downloadable Site Content is also subject to the terms of this Section II, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Site Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:

' OnSite Media, LLC -2009. www.On-Site-Media.com, "OnSite", and all associated trademarks, trade names, logos and other marks appearing on the Site are owned by or licensed to OnSite for for use by OnSite and are protected by applicable state, federal, and/or international law. Other company, product and website names used on the Site are properties of their respective owners. All rights reserved.

(c) Patents and Trademarks

One or more patents owned by OnSite apply to the Site and to the features and services found on the Site. Other features and services on the Site may operate under the license of one or more patents.

www.On-Site-Media.com, "OnSite", and all associated trademarks, trade names, logos and other marks appearing on the Site are owned by OnSite and are protected by applicable state, federal, and/or international law. They may be used publicly only with permission from OnSite. Fair use of any such trademarks or other marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

(d) Commercial Use of the Site

You many not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit portions of or link to this Site or any Site Content contained hereon. Upon request that you cease access to the Site or cease any such unauthorized exploitation, you shall immediately cease such access or cease such unauthorized exploitation.

(e) Accuracy of Information

We strive to provide accurate and complete information about our business and our activities, and to provide updated information on the Site; however, we do not warrant that any information on the Site is complete or free from error.

(f) Links to Other Sites and/or Materials

Links may appear on the Site that may be used to link to other site(s). These links are provided solely as a courtesy to our Site visitors. We reserve the right to add, change, decline or remove any link at any time. Other than with respect to linked sites which are expressly stated on such sites as being owned or controlled by us ("OnSite Related Sites"), we have no control over the linked sites or the materials, information, goods or services available or contained on these linked sites ("Linked Sites"). Each OnSite Related Site may have an individual privacy policy and/or terms of use which govern your use of and access to such OnSite Related Site, and we recommend that you review the policies applicable to these sites prior to your use. We are not responsible for and do not endorse or warrant in any way any materials, information, goods or services available through Linked Sites or any privacy or other practices of such Linked Sites. If you decide to access any of the Linked Sites, you do so entirely at your own risk.

(g) User Submitted Content- Your Personal Information

You may submit Your Information, including information and material that may be protected by copyright, through the Site. You represent that Your information is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any information you provide.

(h) Notice and Take-Down of Infringing Content

We respect the intellectual property rights of others. If you believe that any user-submitted content or other material or content found on the Site constitutes copyright infringement of your work or content, please mail the following information to our postal address in Section VII(e):

  • Your contact information, including your mailing address, telephone number and e-mail address;
  • A description of the copyrighted work that you believe has been infringed upon;
  • A description of the material or content that you believe infringes upon the copyrighted work, including the location on the Site or elsewhere where you located the allegedly infringing material or content;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owners, its agent, or the law;
  • A statement by you, made under the penalty of perjury, that the information contained in your notice (including without limitation all the items listed herein) is accurate and that you are the owner of the allegedly infringed copyright or authorized to act on such owner's behalf; and
  • A physical signature of the person authorized to act on behalf of the owner of the allegedly infringed copyright.

IV. PROHIBITED ACTIONS

You agree that you will not: (i) transmit any material to us that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site; (ii) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (iii) intentionally or unintentionally violate any applicable local, state, national, or international law, including without limitation laws related to copyright and intellectual property; (iv) transmit any material, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (v) use the Site for commercial purposes, other than as permitted in Section II(d); or (vi) copy, reproduce, distribute, publish, modify, display, transmit, adapt or create derivative works from, or otherwise exploit, the images displayed on the site or the designs and articles depicted by such images.

V. DISCLAIMERS AND LIMITATION OF LIABILITY

(a) Disclaimer of Liability

NEITHER WE NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THIS SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE SITE.

THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT (INCLUDING, WITHOUT LIMITATION, SOFTWARE) OR SERVICE ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

(b) Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, AND ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT, PRODUCTS OR SERVICES CONTAINED ON THE SITE, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUR OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CIRCUMSTANCES OUR MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU TO US FOR ACCESS TO THIS WEBSITE. WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS WHICH EXCEED THIS LIABILITY LIMIT.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. WE SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT WE HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

(c) Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site, or its products or services, or breach of these Terms of Use. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

VI. DISPUTE RESOLUTION

In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim relating to these Terms of Use (referred to as "Claim") will be resolved as follows:

(a) Informal Resolution


You and we agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. We will send our notice to your billing address, with a copy via email to your email address. You will send your notice to OnSite.


(b) Formal Resolution


(i) Agreement to Arbitrate. Except as provided in Section V(b)(iii) below, if we cannot resolve a Claim informally, we agree that any and all Claims either of us asserts shall be resolved solely through binding arbitration. The arbitration will be conducted under the rules of the American Arbitration Association ("AAA") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in these Terms of Use. If there is a conflict between AAA rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. If you initiate the arbitration, you agree to pay a fee of $125 or, if less and you tell us in writing, the amount that you would pay to initiate a lawsuit against us in the appropriate court of law in your state. Other fees will be paid in accordance with AAA rules. The arbitration will be held in Las Vegas, Nevada, unless you and we both agree to another location. In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Forms and other information on filing such a Claim can be found at http://www.adr.org.


BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.


(ii) Special Rules. You and we agree that the type of arbitration in which we both agree to participate is between OnSite and You. YOU AND WE ARE AGREEING THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.

(iii) Exceptions. Notwithstanding the foregoing, (A) any Claim involving a violation of applicable trademark or copyright laws, or a Claim for injunctive relief, may be decided only by a federal court (or, for injunctive relief, federal or state court) in Las Vegas, Nevada, (B) neither you nor we shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level, and (C) unless otherwise expressly stated herein, we preserve all rights and remedies available to us at law or in equity.

(c) Severability


You and we agree that if Section VI(b)(i) is found to be unenforceable by a court of competent jurisdiction, it shall be severed from these Terms of Use and -- in that event -- you and we agree to submit to personal jurisdiction in Nevada and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the County of Clark Nevada. You and we also agree that if Section V(b)(ii) is found to be unenforceable by a court of competent jurisdiction, then -- regardless of the enforceability of Section V(b)(i) -- any class action Claim shall be exclusively brought in the appropriate state or federal court in Las Vegas, Nevada and you agree to submit to personal jurisdiction in Nevada.

VII. MISCELLANEOUS

(a) Governing Law and Jurisdictional Issues

This Agreement is governed in all respects by the substantive laws of the State of Nevada and of the United States of America. Notwithstanding the foregoing, Section VI(b) above shall be governed by the Federal Arbitration Act. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. This Site is controlled and operated from our offices in Las Vegas, Nevada, United States of America, and we make no representations that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from any territory where the content is illegal is prohibited. You may not use or export any of the Site materials in violation of U.S. export laws and regulations.

(b) Email May Not Be Used to Provide Notice

Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to us or any of our employees, agents or representatives, such as where notice to us is required by contract, or any federal, state or local laws, rules or regulations. Any such legal notice should be sent to the address provided in Section VI(e).

(c) Interpretation and Entire Agreement

These terms and conditions form the complete and exclusive agreement between you and us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and us relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use and Privacy Policy. If any provision of these Terms of Use and Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and Privacy Policy and shall not affect the validity and enforceability of any remaining provisions.

(e) Contact Us


If you have any questions, comments or concerns regarding about these Terms of Use and Privacy Policy and/or the Site, please send an email to: addevelopment@on-site-media.com

Legal notices should be sent to:

OnSite Media, LLC,

2551 N. Green Valley Parkway, Suite 205B

Henderson, NV 89014