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Renewal:
Except as expressly set forth in the Insertion Order,
any renewal of the Insertion order and acceptance of any
additional advertising order shall be at Hifunda.coms
sole discretion. Pricing for any renewal period is subject
to change by Hifunda.com from time to time and such rates
will be applicable on all renewable.
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No
Assignment or Resale of Ad Space:
Advertiser may not resell, assign or transfer any of his rights hereunder,
and any attempts to resell, assign or transfer such rights
shall result in immediate termination of this contract,
without liability to Hifunda.com.
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No
Warranty:
HIFUNDA MAKES NO WARRANTY, EXPRESS
OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT
LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY
DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
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Limitations
of Liability:
In the event that Hifunda fails
to publish an advertisement in accordance with the schedule
provided in the Insertion Order, or in the event that
Hifunda fails to deliver the number of impressions specified
in the Insertion Order (if any) by the End Date specified
in the Insertion Order, or in the event of any other failure,
technical or otherwise of such advertisement to appear
as provided in the Insertion Order, the sole liability
of Hifunda and exclusive remedy of Advertiser shall be
limited to, at Hifunda's sole discretion, placement of
the advertisement at a later time in a comparable position,
or extension of the End Date specified in the Insertion
Order until the total impressions are delivered. In no
event shall Hifunda be liable for any act or omission,
or any event directly or indirectly resulting from any
act or omission, of Third Parties (if any). IN NO EVENT
SHALL HIFUNDA BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL,
SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, WHETHER
BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF HIFUNDA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. HIFUNDA'S AGGREGATE LIABILITY UNDER THIS
AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED
BY HIFUNDA FROM ADVERTISER FOR THE INSERTION ORDER GIVING
RISE TO THE CLAIM. Without limiting the foregoing, Hifunda
shall have no liability for any failure or delay resulting
from any governmental action, fire, flood, insurrection,
earthquake, power failure, riot, explosion, embargo, strikes
whether legal or illegal, labor or material shortage,
transportation interruption of any kind, work slowdown,
or any other condition affecting production or delivery
in any manner beyond the control of Hifunda. Advertiser
acknowledges that Hifunda has entered into this Agreement
in reliance upon the limitations of liability set forth
herein and that the same is an essential basis of the
bargain between the parties.
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Advertisers
Representations:
Indemnification. Advertisements
are accepted upon the representation that the Advertiser
has the right to publish the contents of the advertisement
without infringing the right of any third party and without
violating any law. In consideration of such publication,
Advertiser agrees, at his own expense, to indemnify, defend
and hold harmless Hifunda.com and its employees, representatives,
agents and affiliates, against any and all expenses and
losses of any kind (including reasonable attorneys
fees and costs) incurred by Hifunda.com in connection
with any claims, administrative proceedings or criminal
investigations of any kind arising out of publication
of the advertisement and/or any material of Advertiser
to which user can link through the advertisement ( including
without limitation, any claim of trademark or copyright
infringement, defamation, breach of confidentiality, privacy
violation, false or deceptive advertising or sales practices).
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