eNewsLetter

KibbleChat.com Advertising Program Terms

These KibbleChat Advertising Program Terms are entered into by
KibbleChat.com ("KibbleChat") and the customer accepting these terms 
electronically ("Customer").  These terms govern KibbleChat's 
acceptance of the Customer's advertising creative and hyperlink, 
KibbleChat's insertion of the Customer's advertising into electronic 
mail communications and/or web pages, and the rate(s) charged by 
KibbleChat to the Customer and the associated terms of Payment.  
These terms are heretofore collectively referred to as the 
"Agreement."  KibbleChat and the Customer agree to the following:

1.  Customer Responsibility
Customer is solely responsible for (a) all graphics and text 
contained within the advertising ("creative") provided by Customer 
to KibbleChat, or created by KibbleChat for Customer, including but 
not limited to accuracy of information presented within the creative, 
and copyright compliance; (b) all content, text and graphic, on the 
hyperlinked landing page which the creative directs viewers to, 
including but not limited to sales and/or promotions presented, and 
products and/or services offered.

2.  Cancellation
Customer may cancel advertising by providing written or electronic 
mail notification to KibbleChat, prior to the published advertising 
commitment deadline.  If cancellation of advertising occurs after 
the published advertising commitment deadline, cancelled advertising 
may still be published by KibbleChat, and Customer will be responsible 
for payment for those ads.  KibbleChat may cancel any advertising for 
any or no reason.

3.  Grant of License
Customer warrants that it holds all rights in the creative and landing 
page and hereby grants KibbleChat all rights needed to publish creative 
in electronic mail communications, on pages within the KibbleChat 
domain, and in other advertising media as needed, including without 
limitation any rights needed to host, cache, route, transmit, store, 
copy, modify, distribute, perform, display, reformat, excerpt, analyze, 
and create derivative works of the creative.  Customer hereby warrants 
that KibbleChat's use of creative and landing page, as set forth herein,
will not violate any applicable laws, regulations, codes of conduct, 
intellectual property rights, or any other third party rights.  

4.  Disclaimer and Limitation of Liability
To the fullest extent permitted by law, KibbleChat disclaims all 
guarantees of advertising effectiveness, impressions, click-through 
rates, delivery of creative, accuracy of data, and conversion rate.  
Customer understands that third parties may generate impressions 
or clickthroughs on customers creative, and Customer accepts the risks 
and cost, if applicable, of such use.  Customer agrees to indemnify, 
hold harmless, and defend KibbleChat, our employees, officers, 
directors, agents, providers, and administrative designees from and 
against all claims, actions, or demands, including resonable legal 
fees and court costs, resulting from any breach by you of this Agreement 
or Site Terms of Use, from any action taken by a site visitor or agent 
thereof, or from any other liability.  Except for indemnification 
amounts payable by Customer to third parties under (4.), each party's 
liability to the other is limited to the advertising fee charged by and 
payable to KibbleChat for the advertising month giving rise to the issue.  
Except for indemnification amounts payable by Customer to third parties 
under (4.), neither party will be liable for punitive, consquential, 
indirect, or exemplary damages, including negligence, loss of profit, 
loss of revenue, loss or corruption of data, or loss of goodwill, even 
if advised of the possibility of such damages.

5.  Payment
Customer is responsible for all charges accrued and billed for each 
cycle, and Customer agrees to pay all such charges in U.S. dollars.  
Customer understands and agrees that payments will be accepted via 
PayPal or via mailed check, and that such payment is due 30 days from 
the date the statement is transmitted via electronic mail.  Customer 
understands and agrees that late payments will bear interest at the 
rate of 1.5% monthly, or the highest rate permitted by law.  Customer 
understands that invalid or returned checks will incur a $30 charge, 
and customer agrees to pay this charge.  Customer agrees that credit 
card or bank account information Customer provides during the payment 
transaction may be shared with, transmitted to, or directly collected 
by a third party, solely for the purposes of checking credit and/or 
processing payment.  KibbleChat shall not be liable by use, 
disclosure, or misuse of such information by such third parties.

6.  Miscellaneous
Any legal dispute arising in connection with these Terms of Use shall 
be first attempted to be settled by mediation. If that is not 
successful, then the dispute shall be settled by arbitration to be 
held in North Carolina in accordance with the rules of the American 
Arbitration Association, and this agreement to arbitrate shall be 
specifically enforceable. Any award shall be final and binding on all 
parties, and a final judgement may be entered in the appropriate court 
of law. Notwithstanding this, should any litigation ensue between the 
parties, then the prevailing party shall be entitled to reasonable 
expenses and attorney fees as set by the Court. This site is created 
and controlled by KibbleChat in the state of North Carolina, the 
United States of America, whose laws will govern these Terms of Use 
and any legal controversy. You consent to submit to the exclusive 
jurisdiction of the courts of the State of North Carolina and of the 
United States for any litigation arising out of our web site's use and 
operation, waive any objection to this state on improper jurisdiction 
an/or venue grounds, and agree not to argue that any such litigation 
brought there has been brought in an inconvenient forum. If any 
provision of this Agreement be deemed unlawful, void, or for any 
reason unenforceable by any court of competent jurisdiction, then that 
provision shall be deemed severable from the rest of the provisions 
and shall not affect the validity or enforceability of any of the 
remaining ones.  Customer understands that if civil or criminal action 
or investigation is pursued against Customer, KibbleChat will cooperate 
fully with any legal entity, including providing all identifying 
information of the Customer.
I have read and accept the above Advertising Program Terms