Terms of Service
1) Advertiser must deliver to eData Media Group, Inc. ("eData Media Group") the content of the advertisement Advertiser is contracting eData Media Group to place (the "Copy") no less than three (3) days prior to the desired email broadcast date. All Copy shall be subject to eData Media Group's approval and must meet all of eData Media Group's Creative Guidelines and Procedures. A hard copy of these Creative Guidelines and Procedures may be obtained by contacting a eData Media Group marketing consultant. eData Media Group shall not be legally obligated for any failure to advise Advertiser of such non-compliance.
2) eData Media Group scheduled a specific broadcast date for Advertiser. Should Advertiser need to re-schedule this broadcast date Advertiser must notify eData Media Group within three (3) days of the scheduled broadcast date. A new broadcast date must be scheduled at the time of notification. New broadcast date must be scheduled with-in thirty (30) days of original broadcast date. Advertiser agrees to re-schedule broadcast date no more than two (2) times. Failure to properly notify eData Media Group of any schedule broadcast change will result in a loss of revenue for eData Media Group; therefore, Advertiser will be responsible for payment in full.
3) Advertiser shall pay in full the fees charged by eData Media Group in the invoice. All sales are final. If Advertiser fails to pay the full amount of the charges detailed in any eData Media Group invoice within the "payment terms" of such invoice, the unpaid amounts of such invoice shall accrue interest at a rate of 18% per annum and a Late Fee in the amount of 5% of the charges detailed in the invoice shall be assessed. Additionally, Advertiser agrees to pay all of eData Media Group's cost of collection of such charges, including without limitation eData Media Group's reasonable attorneys' fees.
4) Advertiser represents and warrants to eData Media Group that it has prepared the content of the advertisement and that to the best of its knowledge all of the information contained in the advertisement is true and correct as of the date delivered to eData Media Group and that it has done sufficient review of the materials contained in the content so as to make this representation.
5) Advertiser shall indemnify, defend and hold harmless eData Media Group against all third party claims, actions and liabilities (including all reasonable costs, expenses and attorneys' fees) arising from or in connection with (a) Advertiser's product(s) services or the content of the Advertiser's copy, including without limitation any claim alleging that the advertisement contained any untrue statement of material fact of any violation of any third party's intellectual property rights; or (b) Advertiser's breach of any of it s obligations, representations or warranties under these Terms and Conditions. eData Media Group shall promptly notify Advertiser in writing of all such claims and shall accommodate Advertiser's reasonable requests for cooperation and information.
6) eData Media Group makes no warranty whatsoever as to the email advertisements, express or implied. eData Media Group expressly disclaims any warranties that could be implied in contract, in law or in equity, including without limitation any implied warranty of merchantability, fitness for a particular purpose, quality, accuracy, completeness, reliability or performance or arising from usage of trade, course o dealing or course of performance.
7) In no event shall eData Media Group be liable for indirect, special, exemplary, consequential, incidental or punitive loss, damage or expense (including lost profits). The limit of eData Media Group's liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) for any and all claims related to these terms and conditions shall not in the aggregate exceed the fees paid to eData Media Group under the invoice
8) Neither party shall be liable for delays or nonperformance of these Terms and Conditions caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
9) Neither party may assign its rights or obligations under these Terms and Conditions with the prior written consent of the other party.
10) The parties are independent contracting entities, and there is no partnership or agency relationship between them.
11) Except as modified or supplemented by a writing execute by both parties, the Terms and Conditions described herein and in the invoice, incorporated by reference herein, are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
12) Each party hereby waives any right to a trial by jury in the event of any controversy or claim relating to these Terms and Conditions. The law of the State of Florida shall apply to any resulting claim or action, and the exclusive jurisdiction and venue for any proceeding brought pursuant to these Terms and Conditions shall be Palm Beach County, Florida.
13) Should any provisions of these Terms and Conditions be found invalid or unenforceable, all such provisions are to be enforced to the maximum extent permitted by law, and beyond such extent shall be deemed severed from these Terms and Conditions without affecting the validity of enforceability of any other provision.
Anti-Spam Policy
Edata Media Group has a no tolerance spam policy.
Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have
requested to receive it, you are following accepted permission-based email guidelines.
Every email piece that Edata Media Group deploys must contain a mandatory unsubscribe link.
The recipient of your email has made a purchase, requested information, or responded to a questionnaire or a survey.
The recipient of your email has been clearly and fully notified of the collection and use of his email address and has
consented prior to such collection and use.
The federal anti-spam law, CAN-SPAM Act of 2003, went into effect on January 1st, 2004 and preempts all state laws.
While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers.
The law is specific about requirements to send commercial email and empowers the federal government to enforce the law.
The penalties can include a fine and/or imprisonment for up to 5 years.
Please click on the link below to read the CAN-SPAM Act of 2003 in its entirety.