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Published on LOTOinfo.com (http://lotoinfo.com)

Advertising Contract

LOTOinfo.com ADVERTISING CONTRACT
Terms and Conditions

1. Parties to contract/assignment: This LOTOinfo.com contract, including these terms and conditions (together the “Contract”), is between Customer and LOTOinfo.com. LOTOinfo.com may assign this Contract, but Customer may not do so without publisher’s written consent.

2. Definitions: (a) Advertising means items specified on the Contract face which are to be posted on the website and for which a charge is assessed; (b) Limited Inventory Advertising (LIA) means advertising items that are limited in availability and/or quantity; (c) Business Listing means items specified on the Contract face which are to be posted within the Business Directory, and for which a charge may or may not be assessed; (d) Customer means the business, person or other legal entity shown as the Customer on the face of the Contract, its owners and successors; (e) Website means LOTOinfo.com, LakeAffairs.com and/or any on-line entity owned by LOTOinfo.com.

3. Effective Date: Contract is effective either when Customer signs this Contract or when Customer indicates acceptance of terms and conditions via the Website. Contract terms apply for a period of one year from date of acceptance.

4. Cancellation by Customer: Advertising and/or Business Listing(s) will be posted on the website specified on the Contract face for the term of the Contract or until canceled by Customer or LOTOinfo.com, or until superseded by a subsequent Contract. Customer may cancel this Contract by sending written notice to LOTOinfo.com, or by sending an e-mail via the website requesting cancellation. Customer may cancel the Contract prior to its expiration; however, no charges collected for the contract term will be refunded.

5. Change of Business: The Customer assumes the responsibility to notify LOTOinfo.com of any changes of business, including disconnection or change to telephone service to any telephone number appearing in any Advertisement/Business Listing(s), any discontinuance or change of location of business, or any other changes to Advertising or Business Listing(s) posted on the website. Discontinuation of business will be considered a cancellation of the Contract by the Customer; however, no charges collected for the contract term will be refunded.

6. Limited Inventory Advertising; Right to Renew: Customer has the right to renew the LIA specified on the Contract face for the succeeding Contract term provided that Customer executes a new Contract on or before the Renew/Cancel date specified. If no Renew/Cancel date is specified then the Right to Renew does not apply. LOTOinfo.com has the right to cancel Customer’s Right to Renew, without notice and without further obligation to Customer, if: (a) Customer has been past due as to any item of Advertising or Business Listing(s) for sixty (60) days or more; Customer owed past due advertising charges as of the Renew/Cancel date; Customer’s LIA does not comply with LOTOinfo.com’s policies, specifications, standards and/or guidelines; or LOTOinfo.com discontinues the Limited Inventory Advertising.

7. Payment for Advertising/Business Listing(s): Customer will pay the charges specified on the Contract face (plus applicable taxes) at the time of purchase, unless other arrangements are agreed upon between Customer and LOTOinfo.com. Space for Advertising and/or Business Listing(s) purchased via the website, but paid by check, will be held for a period of ten (10) days. If payment is not received within ten (10) days, the reserved space will be released for general sale, and no obligation shall exist for either the Customer or LOTOinfo.com. Customer will be liable to LOTOinfo.com for returned check fees and any other fees allowed by law.

8. Limitation of Liability/No Warranty: For purposes of this section, the term “website” includes LOTOinfo.com, it’s affiliates, directors, officers, agents and employees. LOTOinfo.com’s acceptance of this contract and the rates charged for the Advertising and Business Listing(s) are based upon the website’s limitation of liability as set out in this section and upon Customer’s agreement to all other terms and conditions of the Contract.

(a) Customer agrees that errors or omissions will sometimes occur in processing a request for Advertising and/or Business Listing(s) or in the on-line posting of Advertising and/or Business Listing(s), and that the website cannot and does not guarantee that Advertising and/or Business Listing(s) will be posted without error or omission, due to the possibility of such errors or omissions occurring. Corrections to errors or omissions will be made upon notification of the error or omission. LOTOinfo.com will not be liable to Customer for lost profits or any other consequential damages, including exemplary, incidental, indirect or punitive damages as a result of an error or omission in Customer’s Advertising and/or Business Listing(s).

(b)Customer agrees that technical issues and general maintenance will sometimes affect the performance of the website, temporarily preventing traffic to Customer’s Advertising and/or Business Listing(s). The website cannot and does not guarantee that there will not be temporary suspension of access to the website, and will not be liable to Customer for lost profits or any other consequential damages, including exemplary, incidental, indirect or punitive damages as a result of temporary suspension of access to the website.

(c) Customer agrees to permit ratings and reviews of their business by registered users of the website. The Website agrees to preview all review comments prior to posting, and will refuse to post any comments deemed abusive, obscene, vulgar, slanderous, fraudulent, malicious, hateful, threatening, sexually-oriented, unjustified, excessive or to contain any material that may violate any applicable laws. The Website will not be liable to Customer for lost profits or any other consequential damages, including exemplary, incidental, indirect or punitive damages as a result of posted ratings and/or reviews of Customer’s business.

9. Integration/Modification/Construction/Jurisdiction: This Contract is the entire agreement between LOTOinfo.com and Customer concerning the Advertising and/or Business Listing(s) specified on the fact of the Contract, and supersedes any and all prior agreements between the parties. The Contract cannot be modified except in a writing signed by both parties. Only a General Sales Manager, or its successor title, may sign any such writing on behalf of LOTOinfo.com. Other than modifications approved in writing by a General Sales Manager, or its successor title, no oral or written representation made by LOTOinfo.com’s sales representative or other employee, which purports to modify this contract, is binding on LOTOinfo.com. Moreover, Customer confirms that no such representation has been relied upon by Customer in entering into this contract. If any provision of this Contract is held to be invalid under the law, the remaining provisions shall be enforceable. This Contract may be executed in counterparts and by facsimile copies. All executed copies are duplicate originals, equally admissible in evidence. Customer’s claims or causes of action arising from or related to the Advertising and/or Business Listing(s) will be filed in the state court of Missouri. This Contract will be construed in accordance with the laws of the State of Missouri.

10. Customer’s Warranties and Obligations/Indemnification: Customer warrants that: it will provide LOTOinfo.com with all information necessary to post the Advertising and/or Business Listing(s) and will do so in a timely manner; all information in Advertising and/or Business Listing(s) is accurate, not misleading and complies with all laws and licensing requirements; no item of Advertising or Business Listing(s) requested by Customer violates the rights of any third party; Customer is authorized to be and is engaged in the business of providing the products and/or services corresponding with the category heading under which Customer wishes to advertise; and Customer is the sole beneficial owner of the Advertising and/or Business Listing(s) purchased under this Contract and has not and will not resell it or any interest in it to any third party. As to Advertising created by LOTOinfo.com for Customer, Customer is responsible to review said Advertising and confirm that it has the right to use and publish any name, address, trade name, trademark, service mark, picture, likeness, logo, reproduction, endorsement, copyrighted or copyrightable item or other content as included in such advertising. Customer warrants that Customer will honor any promise, offer or other statement set forth in the Advertising during the entire life of the Advertising, or until an expiration date stated in the Advertising, whichever occurs first. Customer agrees to indemnify and hold harmless the Website, its affiliates, directors, officers, employees and agents, against all claims and liabilities, including attorney fees and other expenses incurred in the defense of any claims, arising from Customer’s advertising including, without limitation, claims that the advertising infringes on a third party’s trademarks, copyrights or other intellectual property rights, contains misrepresentations or does not otherwise comply with Customer’s legal obligations. Customer’s obligations under this section survive the termination or cancellation of this contract.

11. Intellectual Property: The following applies to the Advertising, or any portion thereof, including but not limited to, text, graphics, illustrations, symbols, logos and photographs (together “Artwork”) to be posted on behalf of Customer. If any Artwork was created by or for the Website, the Website owns all rights, title and interest in and to the copyright in the Artwork. The Website may therefore use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works of the Artwork and the Advertising for posting on any of the Website’s affiliates in perpetuity. In addition, LOTOinfo.com may sell, license or otherwise transfer an interest in its Artwork without any accounting to Customer. To the extent that Customer claims any right, title or other interest in and to the copyright in the Artwork created by or for the Website or in the Advertising, it irrevocably assigns this interest to LOTOinfo.com. If any Artwork was created by Customer, or by a third party on Customer’s behalf (collectively “Customer’s Artwork”), Customer warrants and represents that it has the right to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works of Customer’s Artwork and the Advertising for posting on the Website, now or in the future. Customer will notify LOTOinfo.com immediately if Customer becomes aware of any facts or circumstances indicating that any of Customer’s representations in this Section (10) are untrue. If LOTOinfo.com receives notice that another person or entity contests Customer’s right to use a logo, name, trademark, service mark or other content Customer requested to be posted, the Website may terminate this Contract in its entirety and/or reject or cancel the Advertising, without liability, until such time as Customer has resolved the dispute with the other party to the Website’s satisfaction. If Customer’s right and authority to use any advertising content is terminated or otherwise changed or any proceeding contesting that right is begun, Customer will immediately provide notice to LOTOinfo.com, either in writing or by e-mail via the Website. Customer is solely responsible for the enforcement and protection of Customer’s intellectual property included in the Advertising.

12. Miscellaneous: Customer agrees to the following: (a) LOTOinfo.com has the sole right and discretion to operate its business in any manner it chooses, including but not limited to the right to determine and/or change the name, look, content, category headings, sequence of headings, design, policies, specifications, standards and guidelines of it Website and/or any of its affiliates. LOTOinfo.com has the right to reject Advertising that does not comply with its policies, specifications, standards and/or guidelines. Instead of rejecting Advertising in its entirety, LOTOinfo.com may, but is not required to, change a portion of the Advertising with or without notice to Customer, to resolve a policy, specifications, standards or guidelines conflict. LOTOinfo.com does not warrant to Customer that advertising of other customers will comply with such policies, specifications, standards and guidelines. LOTOinfo.com is not obligated to post any Advertising or Business Listing(s) that it, in its sole discretion, deems unacceptable. LOTOinfo.com does not guarantee that the advertising will be in any specific sequence or position on the website except as indicated on the Contract face. The failure of LOTOinfo.com to insist upon strict adherence to any term of this Contract on any occasion shall not be considered a waiver thereof. Any waiver by LOTOinfo.com must be in writing and, unless otherwise stated, shall be strictly limited to the circumstances explicityly waived and shall not deprive LOTOinfo.com of the right to insist upon strict adherence to the term waived in any and all other circumstances or to insist upon strict adherence to any other term of this Agreement. Customer will not represent to any third party that LOTOinfo.com approves or endorses any product or service of Customer. LOTOinfo.com may post advertising of any other party at any time. LOTOinfo.com may create, revise or cancel a discount of promotional offering at any time prior to the effective date of this Contract. No discount offered to Customer obligates LOTOinfo.com to offer any future discount not specifically included in the initial offer. Customer waives all provisions of state and federal “Do Not Call” laws in respect to LOTOinfo.com and agrees to accept phone calls, faxes, e-mails and other communications from LOTOinfo.com or LOTOinfo.com’s agents related to the Website’s services. Customer will provide contact telephone numbers, fax numbers and e-mail addresses, if any, to LOTOinfo.com upon request. LOTOinfo.com does not guarantee exclusivity in a business category for any Advertising or Business Listing(s).


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