Ritzy Group Advertising Agreement
Ritzy Group, et.al., is comprised of RITZYTOO MAGAZINE AND RITZYFAIRE MARKETPLACE
WELCOME ADVERTISERS! PLEASE READ THIS IN ORDER TO EXPEDITE PLACEMENT OF YOUR ADVERTISING INSERTION ORDER(S) FOR RITZY GROUP, et.al’s PUBLICATIONS AND SERVICES WHICH REQUIRE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
YOU SIGNIFY YOUR ACCEPTANCE OF RITZY GROUP’S TERMS AND CONDITIONS BY THE SIMPLE ACT OF PROVIDING CONTENT LOGGING IN TO YOUR ACCOUNT, MAKING AN ADVERTISING INSERTION ORDER, PAYING RITZY GROUP FOR USE OF ANY ONE OR MORE OF ITS PUBLICATIONS AND ADVERTISING PRODUCTS/SERVICES, DIGITAL OR PRINT.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement include, without limitation, you, the prospective advertiser, content provider, hereinafter referred to as, “ADVERTISER” and any or a combination of the following : an unincorporated business organization, with limited liability in the form of a trust(s), or corporation, LLC, and/or Limited Partnership hereinafter referred to as, “RITZY GROUP” or “RITZY GROUP, et.al.,” together with its related websites, publications, online marketplace, and investors, trustees, officers, directors executives, managers, contracted services under its control; and Persons or entities who are not direct participants in this contract but who have an indirect relationship, such as contractors, subcontractors, suppliers, joint venture partners, membership organizations, or sales affiliates, are herein described as “THIRD PARTY OR THIRD PARTIES.” The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering ADVERTISER with the same rights, duties, and obligations as the ADVERTISER, but may also be referred to hereinafter as ‘RECIPIENT”.
This agreement shall take effect immediately upon placement of the ad order or payment for the same and shall remain in full force and effect until cancelled in writing by either party.
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on a RITZY GROUP website and/or in an email or other publication, video, recordings, graphic art, voice over, search engine results, blogs or telephone calls referencing this website, and said websites and/or emails/telephone calls and its contents, without limitation, which constitute a complete description of the product, service or membership that is the subject matter of this Advertising Agreement shall be and are incorporated herein and made a part hereof by reference. This bundle of offerings, including additional items promoted on the order page, on the payment gateway or processor shall, together, be termed ‘product’ throughout this agreement but the word ‘product’ shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials, and disclaimers.
RitzyToo Magazine advertising service fulfillment will be deemed satisfied so long as the specific ad requested is included in any one or more of the following: digital magazine, print magazine, email, website, video or other RitzyToo products or combination of products until such advertising is terminated by either party to this advertising agreement.
Once magazine/directory or other format has published there are no refunds. Request for cancellation of advertising in future publications must be received by the 15th of the month prior to payment due date. No refunds are provided for any ad purchased where ad copy is not received by the ad deadline. Advertising where ad copy is not received by the deadline will be published in the next available publication. All RITZY GROUP products sold, by whatever means, regardless of the format, and are ditigal in nature, once product is downloaded there are no refunds.
EDITS OR AD COPY CHANGES
Any edits or ad copy changes must be received by RITZY GROUP no later than the 15th of the month prior to publication.
RIGHTS AND OBLIGATIONS OF THE ADVERTISER
The ADVERTISER must pay the full consideration for this product that the RITZY GROUP requires, if any, as the total price of the advertising product. This consideration includes not only the purchase price, but other obligations that the ADVERTISER accepts as well as potential rights the ADVERTISER agrees to forego. By accepting this Advertising Agreement, ADVERTISER agrees to receive continuing follow-up contact from the RITZY GROUP including email, mail, newsletters, product updates, product recall notices, product improvements, and telephone calls from RITZY GROUP or its agents.
The ADVERTISER agrees to allow the RITZY GROUP to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the ADVERTISER. The ADVERTISER , specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information.
CREDIT CARD FRAUD
The true and/or authorized owner of the credit card attempts to commit fraud upon the RITZY GROUP, he authorizes each and every credit card company or merchant service provider to disclose to the RITZY GROUP all information that could be construed as proof of credit card fraud.
Any ADVERTISER who attempts to perpetrate a fraud upon RITZY GROUP involving the use of a credit card herewith gives authorization for the RITZY GROUP to access all credit information about the ADVERTISER from credit reporting agencies and also authorizes the RITZY GROUP to discover all relevant information from any source about the fraudulent practices of the ADVERTISER, if any, and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
ADVERTISER agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against the RITZY GROUP account, that RITZY GROUP is authorized to re-charge the ADVERTISER’s credit card that was used for the original purchase to the extent that will make the RITZY GROUP whole. ADVERTISER agrees to, in addition to actual damages, it will pay to RITZY GROUP liquidated damages of an amount equivalent to one month billing at ADVERTISER’S regular contract rate in US $ for every separate fraudulent action ADVERTISER commits.
GUARANTEE AND WARRANTY
This product is sold ‘as is’ without warranty or guarantee of any kind. ADVERTISER warrants their understanding that RITZY GROUP is not a licensed professional of any kind and hereby covenants not to use the information communicated as professional advice of any kind or as a substitute for their advice, research, consulting, or work of a licensed professional. ADVERTISER covenants to seek the assistance of a lawyer, accounting or other professional, if and when such is needed.
ASSUMPTION OF RISK
ADVERTISER agrees to accept all risk, without limitation, associated with the use of this product and the products Advertiser is promoting, including but not limited to, ingestion of or application to ADVERTISER person or that of ADVERTISER’S customer or any other recipient, the use of the product personally or in business, all taxes and regulations applicable to this product, and all legal compliance issues related to this product. ADVERTISER warrants an understanding that the RITZY GROUP is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this product or the products ADVERTISER is promoting. ADVERTISER covenants that it understands that issuing consumer products warnings is its sole and exclusive responsibility for the products it is advertising with RITZY GROUP.
LIMITATION OF LIABILITY AND DISCLAIMER
ADVERTISER warrants an understanding, as required consideration, that RITZY GROUP disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. ADVERTISER understands that RITZY GROUP disclaims liability for any information contained in sales or promotional materials or the product itself that that is not current or is unintentionally misleading or incorrect that might cause damage to ADVERTISER.
ADVERTISER expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or any contact with RITZY GROUP or Third Parties.
ADVERTISER expressly agrees that no matter what may happen because of his or her purchase of Ritzy Group’s product or service, and no matter what damage may be allegedly or actually caused by the use of this product, if any, including, without limitations, copyright violations or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of RITZY GROUP liability shall be an amount no greater than the purchase price of the product, judgments, laws, regulations, and precedents to the contrary not withstanding, and that payments thereof issued by RITZY GROUP to ADVERTISER at ADVERTISER’s address or credit card of record shall automatically generate a fully binding General Release in favor of Seller without any signature or affirmation required.
ADVERTISER agrees and understands that, RITZY GROUP, specifically but not exclusively, disclaims liability for all damage to ADVERTISER’s person or business by using RITZY GROUP’s advertising product, including harm to buyer’s computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. RITZY GROUP disclaims liability for ADVERTISER’s interaction with Third Party soliciting agents who were provided ‘leads’ by RITZY GROUP. RITZY GROUP disclaims liability for ADVERTISER interactions with advertisers on the site. RITZY GROUP disclaims liability for ADVERTISER interaction with other visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
ADVERTISER agrees that the RITZY GROUP’s total liability, even for erroneous product content that causes damage to the ADVERTISER, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
ADVERTISER agrees that RITZY GROUP’S total liability even from harm caused to the ADVERTISER or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
ADVERTISER agrees that the RITZY GROUP’S total liability, if any, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY LIMITATION
ADVERTISER warrants their understanding that some states do not allow limitation of liability, but fully accepts RITZY GROUP’s assertion of limitations placed on liability claims as stated herein.
SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS’, ‘DISTRIBUTION OR RELATED CLAIMS’, ‘INCOME CLAIMS’, OR ‘EARNINGS CLAIMS’ IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims about income or earnings resulting from the use of this product are made, such claims are true for the persons who made the claims, including but not limited to claims made by RITZY GROUP about its own experience with its products.
However, ADVERTISER cannot simply rely on these statements as being duplicable by ADVERTISER because many factors affect results, including just dumb luck. Some people buy ADVERTISER’S product to make money and, in fact, make no money. Some folks seemingly take to it like a duck to water and can’t stop making money. Nothing promoted on this website should be construed as a ‘promise or guarantee of sales’. ADVERTISER understands and agrees that substantial value exists from the use of RITZY GROUP’S advertising and related products such as public relations and branding to name a few.
If the Ritzy Group product ADVERTISER is purchasing is for a particular purpose and if the promotional materials make claims about the results from the use of this product, ADVERTISER hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular ADVERTISER. ADVERTISER warrants his clear understanding that results from the use of the RITZY GROUP advertising product can and do vary and are subject to many things including ADVERTISER’S sales logic, call to action, attitude, wording, overall presentation, competition, products, pricing, circumstances, commitment, and effort, and even subject to economic conditions generally, all of which are out of RITZY GROUP’S control.
If the ADVERTISER is purchasing a membership or a product ‘plan’ that claims to produce specific benefits or results or that otherwise involves a recurring fee, the ADVERTISER has a right to terminate the membership or ‘plan’ upon notice to RITZY GROUP according to the procedures set forth by RITZY GROUP’s payment processor . In this case, the promotional materials describing the membership and the ‘plan’ and the remedy for dissatisfaction shall be controlling. If the promotional materials say that part of a fee is not refundable, then it is not.
No warranties are made whatsoever about the amount of new customers or sales, if any, or the distribution, circulation, reach, impressions, views, and readership rates that ADVERTISER will experience from this product or service, if any.
Where this disclaimer and claims made in sales and promotional materials or the product are in conflict, this Purchase Agreement shall be controlling except, and unless, RITZY GROUP deliberately and specifically misled ADVERTISER. The sole burden is on the ADVERTISER to substantiate any deliberate deception. ADVERTISER accepts the obligation to reimburse RITZY GROUP for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event ADVERTISER brings suit or administrative claims against RITZY GROUP and does not fully prevail at the parties’ sole dispute resolution option hereunder, arbitration, which, if any, must be conducted exclusively in RITZY GROUP’S jurisdiction according to the rules governing arbitration in that jurisdiction. In every other instance each party shall bear their own such costs.
ADVERTISER, again, warrants its understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this product, the maximum amount of liability shall be the purchase price of the product. ADVERTISER hereby warrants and covenants to hold RITZY GROUP free and harmless from any and all claims, if any, brought against RITZY GROUP by any ADVERTISER customer or customer beneficiary. ADVERTISER warrants its clear and complete understanding that it is never RITZY GROUP’S duty or responsibility, directly or indirectly, to provide direction or oversight to ADVERTISER in the development or publishing of its ad size, design or content in the RITZY GROUP system.
RIGHT TO PUBLISH SUBMISSIONS
ADVERTISER warrants that it is the sole owner of all right title and interest in all photos, content, videos and copyRIGHT thereto and agrees that RITZY GROUP may publish for its own commercial purposes the full or partial content of any ad and all communication with ADVERTISER at the RITZY GROUP’S sole discretion for whatever private or commercial purpose, without further permissions required from ADVERTISER.
ADVERTISER agrees to indemnify RITZY GROUP for any and all damages that result from or are caused, directly or indirectly, from ADVERTISER using the product or information contained on this website that results in any damage award against RITZY GROUP.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
ADVERTISER agrees that RITZY GROUP has the right to discontinue the advertising product, the service or the membership at any time without notice for any or no reason. ADVERTISER understands that the RITZY GROUP may discontinue or alter customer service and/or rates on a product or service at any time without notice for any or no reason.
CALIFORNIA RESIDENTS NOTE
As part of the consideration for this agreement, ADVERTISER covenants to first make best good faith efforts to resolve any disputes or claims directly with RITZY GROUP.
In the event a dispute(s) cannot be successfully resolved directly with RITZY GROUP and ADVERTISER undertakes legal proceedings against RITZY GROUP, ADVERTISER covenants as partial consideration to this agreement to waive any and all rights to initiate or participate as a representative member of any class in a class action pertaining to any claim subject to litigation.
In the event of litigation, ADVERTISER covenants to pay the legal fees of both parties regardless of outcome, judicial ruling, judgement, statute, or precedent, and ADVERTISER, as partial consideration to this agreement, and also covenants that the sale agreed upon and proper jurisdiction, for dispute resolution shall be limited to courts in the jurisdiction of RITZY GROUP’S legal domicile, exclusively and accordingly hereby irrevocably waives all rights to proceed in any other jurisdiction anywhere, statutes, precedent, or judicial rulings to the contrary not withstanding.
LEGAL COMPLIANCE/APPLICABLE LAW
RITZY GROUP hereby notifies ADVERTISER and ADVERTISER accepts that RITZY GROUP is not and cannot ever be responsible for knowledge of or compliance with all of the potentially applicable codes, regulations, statutes, and case law variation in each and every jurisdiction around the world. Therefore the parties hereto agree that the sole and exclusive jurisdiction for dispute resolution hereunder is RITZY GROUP’S domicile.
Viewer, visitor, member, subscriber or ADVERTISER agrees that the applicable law to be applied shall, in all cases, be exclusively that of the nation state jurisdiction wherein RITZY GROUP is domiciled, any and all conflict of law theories, statutes, precedents, or court rules to the contrary notwithstanding.
ADVERTISER herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product, if any, at the email address provided to RITZY GROUP on the ordering page. Further, ADVERTISER agrees that the right to contact ADVERTISER concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the RITZY GROUP in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the ADVERTISER grants RITZY GROUP irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the ADVERTISER has to sever contact with RITZY GROUP.
This written agreement alone represents the sole and exclusive agreement between the parties. This Purchase Agreement cannot be modified in any manner by the ADVERTISER unless modifications are made in writing signed by both parties. However, RITZY GROUP may assign or modify this Purchase Agreement, including without limitation its fees and rates, at any time without notice to the instant ADVERTISER.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, ADVERTISER and RITZY GROUP agree that, if any provision is found to be invalid or unenforceable, the courts of proper jurisdiction shall construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
RITZY GROUP’S waiver (failure to enforce) of any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of that or other breaches.
SELLER CONTACT INFORMATION
By taking the affirmative step of offering/providing content or purchasing a RITZY GROUP product, service, or membership, ADVERTISER attests that it has fully read, understood, and accepts the terms of this Purchase Agreement contract, and warrant to RITZY GROUP that said payment for services or affirmative digital acceptance shall be deemed to be the same as if an authorized signature had been affixed to this Purchase Agreement contract.