As an occupant and/or lessee of a Domain-Identity Internet Billboard™ on the ProfessionalGuys&Gals.com internet platform, you are bound by the following Universal Internet Billboard Lease Terms, Definitions, & Provisions
UNIVERSAL INTERNET BILLBOARD LEASE TERMS, DEFINITIONS, & PROVISIONS
General Lease Terms
Lessor
Cridders LLC, P.O. Box 5, Techny, IL 60082 (800) 985-5357
Lessee
You, or Your Company
Property (the “Site”)
Your Domain-Identity Internet Billboard™
Lease Payment (Annual)
$240 Premium Towns, $60 Standard Towns (unless otherwise indicated for promotional purposes)
Lease Term
1 Year (unless specified otherwise in your Billboard Manager)
Lease Commencement Date
Date of Lease Payment
Lease Expiration Date
1 year after the Lease Commencement Date (unless specified otherwise in your Billboard Manager)
Lease Renewal Policy
First Right of Refusal
Lease Payment Refund Policy
Full Refund up through ten (10) days after the Lease Commencement Date – for any reason. Pro-Rata Refund after 10 days – for any reason.
Basic Site Rules
Irrelevant Lessee-Related Site Content prohibited
Universal Lease Definitions & Provisions
Binding Effect
By leasing the internet Site referenced in this Internet Billboard Lease Agreement (the “Agreement”) you warrant that you fully understand and agree to be bound by this Agreement as amended and/or supplemented from time to time by Cridders LLC (the “Lessor”) at its sole and absolute discretion. The Lessor will provide amended versions of the Agreement accordingly, for your review. If at any time you find this Agreement unacceptable, you must immediately cease all use of the Site. Upon request, the Lessor will refund the cost of your lease per the Lease Payment Refund Policy.
Property
You, the Lessee, are leasing a Domain-Identity Internet Billboard™ located at the domain name mentioned in this agreement. You understand that you are NOT leasing the domain name itself. The Lessor will maintain possession and control of the property throughout the term of the lease. The Lessee will maintain the right to display the Lessee-Related Site Content throughout the term of the lease.
Premium Property: Premium properties are those located in our top 50 towns.
Standard Property: Standard properties are those located outside of our top 50 towns.
You understand that the Property is that of Cridders LLC. Cridders LLC may periodically reference your Domain-Identity Internet Billboard™ as a “sample” for marketing purposes through various forms of communication and/or marketing platforms including, but not limited to, Facebook, Twitter, LinkedIn, email, and print advertising. You understand that such activity only creates further visibility for you and your internet billboard.
Lessee-Related Site Content
The Lessee-related content of the Site is to be managed by the Lessee. The lessee-related content will consist of 11 components:
- Individual Name
- Business Name
- A primary photo or logo
- A secondary photo or logo
- A link to the lessee’s website (hyperlink from “Visit Website” button)
- Description (of Company, Individual, or Service offering)
- Areas of Service/Practice
- Primary Geographic Markets
- Industry Disclosure
- Company Address
- Phone Number
Content may be amended by the lessee at any time.
Lease Payment
The Lease Payment is a one-time cost, per Lease Term, to be paid at the time the Agreement is accepted based on the Lease Price for the respective year.
Lease Price
The Lease Price is defined by the universal cost of our properties for the respective year. Our lease prices will change annually based on market conditions. We will announce our lease prices for the upcoming year on November 1st of each year.
- 2012 Premium Property Lease Price: $240 for 1 year
- 2012 Standard Property Lease Price: $60 for 1 year
(unless otherwise indicated for promotional purposes)
Lease Term
The Lease Term is the total amount of time the lessee maintains use of the Site. The Standard Term for our leases is 1 year (12 months).
Lease Commencement Date
The lease will commence when your leased property is available for public view and use.
Lease Expiration Date
The Lease Expiration Date is defined by the Lease Commencement Date plus the Lease Term.
Lease Renewal Policy
The Lessee will have First Right of Refusal on renewing the lease prior to the Lease Expiration Date at the Prevailing Lease Price, to be determined by the Lessor. There is no periodic or life cap placed on the Lease Price.
Early Renewal Period
Between November 1st and December 31st, you may add 1 year to the term of your lease at the current year’s Lease Price, regardless of your Lease Expiration Date.
Billboard Transfer Policy
The Lessee will have the ability, at any time during the term of their lease, to transfer the use of their billboard to any individual of their choice. The lease rights will remain in the name of the lessee.
Lease Transfer Policy
During the renewal period, the lessee will have the ability to transfer the lease rights to an individual of their choice.
Lessee Handoff
Lessee handoff is the act of non-renewal, or Early Termination of Lease. The lessee, by choosing to abandon their billboard, is “handing off” the billboard to the next prospective lessee in line.
Early Termination of Lease Policy
The Lease can terminate early under any of the following circumstances:
- Prohibited Uses or Acts violations (see below)
- Lessee Dissatisfaction
Early Termination of Lease Date
The Early Termination of Lease Date is the date on which the lease is terminated early. This date will be used to calculate the proration of the Lease Payment..
Lease Payment Refund Policy
Your lease payment may be refunded in full, for any reason, during the Full Refund Period, or if your use of the site is interrupted for an extended period of time (see Site Use Interruption Policy). Your lease payment may be refunded on a pro-rata basis, for any reason, during the Pro-Rata Refund Period. The pro-rata refund calculation will be based on the number of full months remaining in the term of your lease.
Full Refund Period
The period of time between the Lease Commencement Date and midnight of the 10th full calendar day after the Lease Commencement Date
Pro-Rata Refund Period
The period of time between the expiration of the Full Refund Period and the Lease Expiration Date
All refunds will be executed within 30 days from the day the refund is requested.
Billboards For Breast Cancer™ Awareness & Support Program
As a Lessee, you understand and accept that a percentage of your Lease Payment will be allocated towards an annual donation to breast cancer organization(s) every Christmas Season.
Site Use Interruption Policy
In the event the use of your site is interrupted for more than 24 hours, for any reason, your Lease Expiration Date will be changed accordingly. The Lessor will add the amount of “down time”, in 24-hour increments, to the end of your lease term. If the Site Use Interruption exceeds 30 days consecutively, the Lessee will alternatively be offered the option of “Handing Off” their billboard to the next in line and, under this option, the Lessee will be entitled to a Full Refund of the entire Lease Payment.
Prohibited Uses or Acts
The Lessor imposes certain restrictions on your permissible use of the Site. Violation of any Prohibited Uses or Acts may result in an immediate Early Termination of Lease.
Site Content & Links
You are prohibited from uploading content to the site, or providing content to the Lessor for the purpose of uploading content to the site, that may be offensive to the general public or industry participants. This content nature includes, but is not limited to, pornography, vulgarity, racism, libel and slander, etc…
You are prohibited from linking to a site that contains content that may be offensive to the general public or industry participants. This content nature includes, but is not limited to, pornography, vulgarity, racism, libel and slander, etc…
You are prohibited from linking the site to any website that is not related to the profession for which the domain-identity is intended.
Security
You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Lessor in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Warranty Disclaimer
LESSOR HEREBY DISCLAIMS ALL NON-EXPRESSED WARRANTIES. LESSOR IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LESSOR EXPRESSLY DISCLAIMS ANY AND ALL NON-EXPRESSED WARRANTIES, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LESSOR DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limited Liability
LESSOR'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LESSOR BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY LESSOR. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Indemnity
You agree to indemnify Lessor for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Lessor, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Lessor will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Governing Law
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Palm Beach County, Florida in all disputes arising out of or related to the use of the Site or Service.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Modifications
Lessor may, in its sole discretion and without prior notice, (a) revise this Agreement; and (b) modify the Site and/or the Service. Lessor shall provide access to any revisions to this Agreement to the Lessee, and the revisions shall be effective immediately on such accessibility. You agree to review this Agreement to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.