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  1. Agreement. These Terms and Conditions constitute a binding agreement between the advertiser identified on the Agreement and/or the invoice (“Advertiser”) and foXnoMad, LLC.  The Agreement may not be assigned or transferred by the Advertiser.
  2. Advertising. The conditions between the Advertiser and foXnoMad, LLC for an advertisement, promotion, partnership or other collaboration will be agreed upon prior to the start date of any advertisement, promotion, partnership or other collaboration.
  3. Positioning. Except as otherwise expressly provided and confirmed via email, positioning of advertisements is at the sole discretion of foXnoMad, LLC. Advertiser acknowledges that foXnoMad, LLC has not made any guarantees with respect to usage, statistics, or levels of impressions for any advertising. To the extent foXnoMad, LLC provides to the Advertiser with an estimated usage, it does so, only as a courtesy to the Advertiser and shall not be held liable for any claims related to usage.
  4. Payment. Payment requirements, including due dates will be indicated on invoices. foXnoMad, LLC reserves the right to request full or partial payment before publishing any advertisement and to cease publishing any advertisement when payment for previous advertising is more than 48 hours overdue. Advertiser is responsible for all expenses incurred in connection with the collection of past due amounts payable, including attorneys fees and costs.
  5. Images. foXnoMad, LLC can provide photographs and additional media if needed for a campaign. Exceptions can be made with previous written authorization. foXnoMad, LLC will retain all rights to any photographs or media provided to a campaign.
  6. Cancellation. Advertisements scheduled for insertion may be cancelled by the Advertiser if foXnoMad, LLC. is notified in writing 3 business days before the publication is published. When an Advertiser cancels, the Advertiser is responsible for payment of the rate differential resulting from such cancellation.
  7. Rejection of Advertisements. Notwithstanding anything in this Agreement to the contrary, foXnoMad, LLC. reserves the right to reject or cancel any advertisement at any time, for any reason (including but not limited to the belief that the advertisement conflicts with foXnoMad, LLC policy or association objectives, competes with foXnoMad, LLC products or services, is false or misleading, content has been duplicated in other websites, may degrade the graphic quality of foXnoMad, LLC website, or may subject foXnoMad, LLC to criminal or civil liability).
  8. Indemnification. Advertiser assumes all liability for content of advertising and agrees to defend, hold harmless, and indemnify foXnoMad, LLC from all claims, losses, judgments, damages, costs and expenses of any nature whatsoever, including but not limited to reasonable attorney fees, for which foXnoMad, LLC may become liable by reason of its publication of the Advertiser’s advertisements.
  9. Duration. All advertisements will be displayed in permanence for the duration agreed upon by the foXnoMad, LLC and the Advertiser, provided the duration is 365 days or less. Otherwise the minimum duration will be those according to the terms set by foXnoMad, LLC with a maximum permanent duration of one year.
  10. Liability Limitation. Liability for typographical errors, wrong insertions, late publications, and/or nonpublication, or other Association nonperformance is limited to the amount charged to the Advertiser. In no event shall foXnoMad, LLC be liable to Advertiser or to any third party for any indirect, special, or consequential damages, including but not limited to lost profits or unrealized business opportunity arising out of this agreement or the publication of or failure to publish any advertisement.
  11. Force Majeure. Neither party shall be held responsible for delay or failure in performance under this Agreement caused by acts of God, fires, floods, strikes, terrorism, work stoppages, breakdown of equipment, government action, internet or website downtime, or other causes beyond the affected parties’ reasonable control.
  12. Governing Law. This Agreement is governed by the laws of the State of Virginia without regard to its conflict of laws rules or principles.
  13. Termination. foXnoMad, LLC. shall be entitled to terminate this Agreement with or without cause upon 30 days written notice to Advertiser. In the event of termination under this paragraph, foXnoMad, LLC. shall refund or credit Advertiser for the unused pro-rata portion of the price of the advertising purchased.
  14. Changes. These terms may be updated from time to time for any reason. We will notify you of any changes to these Terms and Conditions by posting the new Terms and Conditions here. You are advised to consult these Terms and Conditions regularly for any changes. Payment, full or partial, is deemed approval of these Terms and Conditions and any changes to it.