MILESTONE EDCOM.IN is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the MILESTONE EDCOM.IN Service, whether caused by users visiting the Site, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or Member of the MILESTONE EDCOM.IN Service whether online or offline. MILESTONE EDCOM.IN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or Member communications. MILESTONE EDCOM.IN is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the MILESTONE EDCOM.IN Site and/or in connection with the MILESTONE EDCOM.IN Service. Under no circumstances will MILESTONE EDCOM.IN be responsible for any loss or damage to any person resulting from anyone's use of the Site or the Service and/or any Content posted on the MILESTONE EDCOM.IN Site or transmitted to MILESTONE EDCOM.IN Members. The exchange of profile(s) through or by MILESTONE EDCOM.IN should not in any way be construed as any offer and/or recommendation from/by MILESTONE EDCOM.IN. MILESTONE EDCOM.IN shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of MILESTONE EDCOM.IN. The Site and the Service are provided "AS-IS AVALIABLE BASIS" and MILESTONE EDCOM.IN expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MILESTONE EDCOM.IN cannot guarantee and does not promise any specific results from use of the Site and/or the MILESTONE EDCOM.IN Service.
Except in jurisdictions where such provisions are restricted, in no event will MILESTONE EDCOM.IN be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the MILESTONE EDCOM.IN Service, even if MILESTONE EDCOM.IN has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MILESTONE EDCOM.IN, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MILESTONE EDCOM.IN, for the Service during the term of membership.
If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Bangalore, India.
You agree to indemnify and hold MILESTONE EDCOM.IN, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MILESTONE EDCOM.IN Website or through the MILESTONE EDCOM.IN Services causes MILESTONE EDCOM.IN to be liable to another.
• MILESTONE EDCOM, and "Advertiser", enter into this Advertiser Agreement ("Agreement") to establish the terms and conditions by which Advertiser may display advertisements on MILESTONE EDCOM properties.
• This Agreement, in conjunction with the corresponding Release Order, shall constitute the entire agreement between MILESTONE EDCOM of the one part, and the Advertiser, its Advertisers and Agents (herein collectively referred to as "Advertiser") of the other part.
• The Advertiser agrees and acknowledges that:
o MILESTONE EDCOM.IN is an advertising medium and a platform where students come for information on education; and
o MILESTONE EDCOM.IN acts as an interface between the education seeker and an education provider;
o MILESTONE EDCOM cannot govern the volume of responses from students for specific activities;
o MILESTONE EDCOM's sole obligation to the Advertiser is to promote the Advertiser's products or services by showing banners, taglines, text links or SMS or email creative ("Creative") provided by the Advertiser on site(s) across the MILESTONE EDCOM online properties or in email transmissions or through SMS text messages.
• The submission of a signed release order by Advertiser to MILESTONE EDCOM is construed as an acceptance of all the rates, terms and conditions under which advertising is sold at that time. Advertiser agrees that MILESTONE EDCOM may, but is not obligated to, display creative across the MILESTONE EDCOM online properties or on specific site(s).
• MILESTONE EDCOM may, at its option, modify the launch date of a campaign(s) if the creative or linking URLs are not delivered on time, there are delays due to 3rd party ad-serving, inventory fluctuation or other issues. All rates quoted herein, orally, or through written communications are only valid fourteen (14) days from date of such statement. If no agreement is reached within this time frame MILESTONE EDCOM reserves the right to change rates. In case the Advertiser alters any changes in the criteria of the leads, MILESTONE EDCOM.IN is at a liberty of reviewing the overall deal period without affecting the contracting value.
• All payments will be made in advance unless agreed upon otherwise or credit is approved and MILESTONE EDCOM is under no obligation to perform agreed upon services until payment is received.
• It is the sole responsibility of the Advertiser to provide the necessary Creative as per MILESTONE EDCOM requirements.
• It is the Advertisers responsibility to validate all impressions, clicks, leads and/or acquisitions. The Advertiser must report any discrepancies related to their campaign to MILESTONE EDCOM within seven (7) days of the occurrence. MILESTONE EDCOM is not liable for any discrepancies not reported within this time frame and Advertiser waives all right, title, and intent to dispute payment to MILESTONE EDCOM based upon any discrepancy not reported within this time frame. No feedback will be entertained on lead quality 7 days from the day of assignment of the lead in the Advertiser's account. Furthermore, no refund claims will be entertained on grounds of unsatisfactory leads the feedback for which has come beyond this time frame. Notwithstanding the foregoing, no refund claims whatsoever will be entertained in respect of branding solutions.
• Either party may cancel this Agreement upon providing one month's written notice via email, fax or Indian Post/Courier services. If Advertiser terminates campaign early - payment in full for work performed and delivered up to the modified cancellation date will be owed and due and payable in full. Any cancellation notice will be based on the date the written notice was received by MILESTONE EDCOM.
• If Advertiser fails to pay overdue invoices for previous campaigns, MILESTONE EDCOM reserves the right to immediately terminate any active campaigns.
• Either party may cancel this Agreement upon providing one month's written notice via email, fax or Indian Post/Courier services. If Advertiser terminates campaign early - payment in full for work performed and delivered up to the modified cancellation date will be owed and due and payable in full. Any cancellation notice will be based on the date the written notice was received by MILESTONE EDCOM.
• If Advertiser fails to pay overdue invoices for previous campaigns, MILESTONE EDCOM reserves the right to immediately terminate any active campaigns.
• In the event Advertiser pays with credit card, Advertiser expressly agrees not to charge back on credit card account. Advertiser agrees to follow dispute resolution agreement as specified in section 7 herein.
• All payments must be made in US Dollars for non India based Advertisers and INR for India based Advertisers. Advertiser understands and agrees that in no event, and under no circumstance will data provided by any MILESTONE EDCOM representative constitute final billing numbers. Only invoices mailed directly to Advertisers and Agencies are to be construed as representative of billable amounts.
• MILESTONE EDCOM SHALL NOT HAVE ANY LIABILITY TO THE ADVERTISER FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT MILESTONE EDCOM'S TOTAL OBLIGATIONS AND/OR LIABILITY CAN NEVER EXCEED THE CHARGE FOR THE ADVERTISEMENT IN QUESTION. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MILESTONE EDCOM MAKES NO OTHER WARRANTIES TO ADVERTISER AND DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• All Creative is accepted and published upon the representation that the Advertiser is authorized to publish the entire contents and subject matter thereof. Advertiser agrees to indemnify and hold MILESTONE EDCOM, its Publishers or Lists Providers and its respective affiliates, employees, officers, agents, directors and representatives ("MILESTONE EDCOM Indemnified Parties") harmless from all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys' fees, costs related to in-house counsel time, court costs and witness fees) (collectively "Losses") for any claim or suits for libel, defamation, violation of rights of privacy, plagiarism, attorney's fees, trademarks, copyright infringement, unauthorized content (including text, illustrations, representatives, sketches, maps, labels, or other copyrighted matter) contained in creative or the unauthorized use of any person's name or photograph, arising from MILESTONE EDCOM reproduction and publishing of such creative pursuant to Advertiser's submission.
• Advertiser guarantees that data regarding consumers gained by this campaign will be only used for legal purposes and Advertiser will indemnify, defend and hold harmless the MILESTONE EDCOM Indemnified Parties from any and all losses, liabilities, claims, obligations, costs, expenses (including without limitation reasonable attorney's fees) and losses which result from any claim of damages brought or sought against MILESTONE EDCOM that alleges consumer data gained by this campaign was used for any purpose in violation of any applicable laws. MILESTONE EDCOM will have sole control over the litigation or settlement of such claim. The provisions of this Paragraph shall survive the termination of this Agreement.
• Advertiser agrees not to resell, market, or transfer any data regarding consumers gained through this campaign to any third party unless expressly permitted by MILESTONE EDCOM in writing.
• MILESTONE EDCOM is not liable for delays in delivery and/or non-delivery in the event of an act of God, actions by any governmental or quasi-governmental entity, Internet failure, equipment failure, power outage, fire, earthquake, flood, insurrection, riot, act of terrorism, act of war, explosion, embargo, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond MILESTONE EDCOM's control affecting production or delivery in any manner.
• Parties have disclosed or may disclose to each other information relating to each party's business (including, without limitation, data and other information pertaining to publisher mobile sites/services, affiliates and vendors that are or have been part of the MILESTONE EDCOM online properties), all of which to the extent previously, presently or subsequently disclosed to each other is "Proprietary Information". Proprietary Information does not include information that each party can document (a) is or becomes (through no improper action or inaction of each party or its representatives (as defined below)) generally known by the public, (b) was in its possession or known by it without restriction prior to receipt from the other party or (c) becomes available to a party from a source other than the other party or its representatives having no obligation of confidentiality. ("Representatives," when used with respect to either party, means that party's affiliates, agents, officers, directors, consultants and employees). Parties agree (i) to hold Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions each party employs with respect to its most confidential materials), (ii) not to make any use whatsoever at any time of such Proprietary Information, except for the purpose of evaluating the results of Advertiser's advertising campaign, (iii) not to copy any Proprietary Information for any purpose whatsoever without written permission from each party, and (iv) not to divulge any Proprietary Information or any information derived there from to any third party or employee, except those of each party's employees who have a legitimate "need to know" and are bound in writing to the restrictions herein. Each party will be responsible for a breach of this Agreement by any of its Representatives. Each party shall promptly notify the other party upon discovery of any unauthorized use or disclosure of Proprietary Information and will cooperate with the other party in every reasonable way to help regain possession of such Proprietary Information and prevent its future unauthorized use.
• It is agreed that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be exclusively governed by Indian law, with the jurisdiction of the courts at Bangalore. The prevailing party of any litigated dispute arising out of or relating in any way to this Agreement shall receive its reasonable attorney's fees, together with its costs and expenses incurred resolving the dispute as part of the judgment.
• Failure of either party to require strict performance by the other party of any provision shall not affect the first party's right to require strict performance thereafter. Waiver by either party of a breach of any provision shall not waive either the provision itself or any subsequent breach.
• Advertiser is willing to collaborate with press releases and/or be mentioned as a new Advertiser.
• All leads provided are registered users of MILESTONE EDCOM and have expressed interest to be contacted by MILESTONE EDCOM partners.
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the MILESTONE EDCOM.IN service, contains the entire agreement between you and MILESTONE EDCOM.IN regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or anything which is in violation of this Agreement, you shall forthwith report such violation to MILESTONE EDCOM.IN by writing to INFO[at]MILESTONE EDCOM[dot]IN. On receipt of such complaint, MILESTONE EDCOM.IN may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a Member shall make such Member liable for termination of his / her membership Please email us at INFO[at]MILESTONE EDCOM[dot]IN if you have any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.