Terms of Service

ClickBurst Media Terms of Service

 

Limitation of Liability:

 

ClickBurst Media believes that it is working with the finest quality advertising platforms, i.e., Google, Bing, FaceBook, etc. ClickBurst Media does not assure or warrant the abilities of the listed advertisers. The Terms & Conditions of the individual advertisers can be viewed at the links below:

 

http://adwords.google.com/select/tsandcsfinder
http://advertise.bingads.microsoft.com/en-us/resources/policies/microsoft-bing-ads-agreement
http://www.facebook.com/ad_guidelines.php

 

Customer agrees and acknowledges that ClickBurst Media shall not be liable for any loss or injury caused in whole or in part by contingencies beyond its control. EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, CLICKBURST MEDIA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY AND ALL SUCH WARRANTIES, CLICKBURST MEDIA HEREBY OFFERS THE FOLLOWING LIMITED WARRANTY: CUSTOMER SHALL HAVE 14 DAYS AFTER RECEIPT OF THE SERVICE/MERCHANDISE, TO INSPECT IT AND NOTIFY CLICKBURST MEDIA OF ANY PROBLEMS OR MISTAKES. If ClickBurst Media has made a material mistake, then ClickBurst Media will correct the mistake. If Customer does not notify ClickBurst Media within 14 days of his, her or its receipt of the service/merchandise of a problem or mistake, Customer then accepts the service “as is.” After the 14-day period has elapsed, ClickBurst Media shall have no liability whatsoever to the Customer. CUSTOMER EXPRESSLY AGREES THAT CLICKBURST MEDIA SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE SERVICES) WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE AND/OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. In no event shall ClickBurst Media entire liability exceed the total amount paid by Customer to ClickBurst Media for the affected service.

 

Choice of Law, Forum, and Jurisdiction:

 

These Terms and any disputes arising hereunder or otherwise related to the sale and/or use of the Service, or any portion thereof, shall be governed by the internal laws of the State of California, without regard to any conflicts of law principles. Both ClickBurst Media and Customer agree that any action, suit, or other legal proceeding regarding any matter arising under or relating to any provision of these Terms shall be commenced only in the state or federal courts located within Los Angeles County, California, and both parties consent to the exclusive jurisdiction of such courts.

 

Payment:

 

Customer agrees to pay ClickBurst Media a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Set-Up fees charged are non-refundable. Management fees are non-refundable if cancellation is not received prior to charge date. Payments may be made at the time of purchase or, annually or monthly (both billed in advance) as mutually agreed upon for the relevant Service/Merchandise. Customer may cancel the services by providing ClickBurst Media with a minimum one week written notice prior to the end of the current service month. ClickBurst Media may cancel services immediately at any time, and for any reason with or without cause, upon notice to Customer. Specifically, ClickBurst Media reserves the right to terminate a service for non-payment. Late payments may be assessed a $50.00 fee per instance.

 

Authorization:

 

You agree to keep your Payment Method information on file with us current (such as your address, card or account number, and expiration date, if any), and you also authorize us to update your Payment Method information with data we obtain from your financial institution, the issuer of your credit card or charge card, or from MasterCard or Visa. You authorize us to retain your Payment Method information until such time as you revoke this authorization in accordance with procedures prescribed by us. Any revocation by you of this authorization will become effective: (a) if your Payment Method is a credit or charge card, when all charges and fees associated with your use of our Services has been fully satisfied, as determined by us; or (b) if your Payment Method is a bank account, after three (3) business days. Your revocation of this authorization will have no effect on your liability for charges and fees that you have incurred in connection with your use of our Services prior to such revocation.

 

Recurring Billing:

 

Customer’s acceptance of these Terms constitutes its authorization for ClickBurst Media to automatically charge the credit/debit card provided by Customer, and, to continue charging the credit/debit card at the agreed-upon monthly intervals during the term of the service. Customer agrees to provide ClickBurst Media with complete and accurate billing and contact information, including: name, street address, e-mail address, and name and telephone number of authorized billing contact. Customer agrees to provide ClickBurst Media with updated information within 30 days of any change to billing information. If billing information is determined to be fraudulent, ClickBurst Media may immediately terminate Customer’s services, and it reserves the right to pursue any and all legal remedies. If Customer’s payment is declined, ClickBurst Media may restrict Customer’s ability to use the payment method that was declined. Failure of the recurring payment process does not absolve Customer’s payment obligations.

 

Cancellation:

 

Customer may cancel services by providing ClickBurst Media a request to cancel, in writing, by fax or via email. Notice must be received no later than one week prior to the end of the current monthly billing cycle. If received later, then ClickBurst Media may prorate fees at its discretion.

 

Chargebacks and Disputes:

 

Customer must contact ClickBurst Media prior to disputing any credit card charges. ClickBurst Media will make every effort to reconcile any disputes. If a disputed charge results in a chargeback, then ClickBurst Media will reserve the right to seek legal action to collect all fees.

 

Cost of Collection and Enforcement:

 

Customer agrees to reimburse ClickBurst Media for all costs and expenses, including but not limited to, reasonable attorney fees and costs of collection, incurred by ClickBurst Media in connection with the enforcement of these Terms or any provision hereof.

 

Modification of Terms:

 

These Terms represent the entire understanding of the parties relating to the Service and prevail over any prior or contemporaneous, conflicting or additional communications. ClickBurst Media reserves the right to modify these Terms or its policies relating to the Service at any time, effective upon posting of an updated version of these Terms on the website for the Service. Customer is responsible for regularly reviewing the Terms. Continued use of the Service after any such changes shall constitute Customer’s consent to such changes.

 

This policy was last updated on 10/9/2017.