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Advertising Agreement for Home Solutions San Diego
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Your resource for real estate and home decorating in San Diego

Please read the Terms & Conditions agreement on this page and remember to print a copy
By signing the Advertising Agreement, the Advertiser hereby agrees to the following Terms and
Conditions, which are included and made a part of that Advertising Agreement as if fully set forth
therein. Submitting an order online and registering for this service will serve as the Advertiser's
signature and will be bound by the terms of the advertising agreement. The Terms and Conditions and
the Advertising Agreement shall be referred to herein collectively as the "Agreement." Home Solutions
San Diego is an online resource for real estate and home decorating.
Home Solutions San Diego makes no warranties, express or implied, other than those presented in this
Agreement.
Home Solutions San Diego reserves the right to refuse any advertisement for any reason. Home
Solutions San Diego shall be the sole and final arbitrator of whether or not any advertising material is
appropriate for inclusion on www.homesolutionssandiego.com. As used in this Agreement, the term
"Advertisement" shall refer to the web page designed by Home Solutions San Diego on behalf of
Advertiser, as well as any links to third party web pages included thereon.
Home Solutions San Diego reserves the right to discontinue advertisements in the event that Home
Solutions San Diego has received more than one unresolved complaint, or for any other reasonable
grounds, solely within the discretion of Home Solutions San Diego.
Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement,
(2) any claims or misrepresentations made via the Advertisement, and/or (3) any material to which
users can link through the Advertisement.
Advertiser represents and warrants that: (1) the material provided to Home Solutions San Diego is
original, copyrighted material belonging to Advertiser, or that Advertiser has obtained any and all
rights, permissions and licenses necessary for Home Solutions San Diego to use the material in the
preparation of Advertiser's web pages and in any other printed matter prepared by Home Solutions
San Diego in the normal course of business; (2) the use, reproduction, distribution, or transmission of
the Advertisement will not violate any criminal laws or any rights, title or interests of any third party,
including, but not limited to, copyright (whether in text, image, software code or music), patent,
trademark, trade secret, or any other proprietary or property right; and (3) that the Advertisement will
not contain material that includes false advertisements, unfair competition, defamatory material,
invasions of privacy or rights of celebrity, or violations of any anti-discrimination law or regulation.
Advertiser agrees to indemnify and hold Home Solutions San Diego, its assigns, employees, and heirs,
harmless from any and all liability, loss, damages, claims, or causes of action, and/or third party claims,
arising out of or related to Advertiser's breach of any of the foregoing representations and warranties,
including reasonable legal fees and expenses. When necessary to effectuate the intent of this
paragraph, the Advertiser agrees to request that Home Solutions San Diego be listed as an additional
insured on any policy issued to Advertiser under which there is coverage for any of the forms of legal
liability described in this paragraph.
IN NO EVENT WILL HOME SOLUTIONS SAN DIEGO BE LIABLE TO ADVERTISER FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT HOME SOLUTIONS
SAN DIEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement will be governed by and construed in accordance with the laws of the State of
California. The courts located in the State of California, County of San Diego (State and Federal) shall
have sole and exclusive jurisdiction over any controversies arising out of, relating to, or in connection
with this Agreement, or any breach thereof. Any service of process given to either party via certified
U.S. Mail, return receipt request, shall be deemed to have the same force and effect as personal
service given within the State of California. Advertiser understands and agrees that it is hereby waiving
any further objections to choice of law, venue, personal jurisdiction and subject matter jurisdiction in
any legal proceeding involving the terms and performance of the Agreement brought in accordance
with this paragraph.
This Agreement and any and all exhibits and attachments are the complete and exclusive
understanding between the parties with respect to the subject matter hereof, superseding and
replacing any and all prior agreements, communications, and understandings (both written and oral)
regarding such subject matter. The terms and conditions of this Agreement will prevail over any
contrary or inconsistent terms in any purchase order or prior correspondence between Advertiser and
Home Solutions San Diego. This Agreement may only be modified, or any rights under it waived, by a
written document executed by both parties.
Advertiser may cancel this Agreement at any time by giving Home Solutions San Diego thirty (30) days
written notice delivered to Home Solutions San Diego via email, fax or U.S.P.S. mail and further
provided that there is no outstanding balance with Home Solutions San Diego. Home Solutions San
Diego will make every effort to stop displaying Advertiser's web pages immediately upon receipt of such
notice. The Advertiser agrees that by cancelling the Agreement, it forfeits all fees paid in advance.
By signing the Advertising Agreement, Advertiser warrants that it has the full right, power, and authority
to enter into this Agreement and to make all of the grants, promises, and covenants herein contained.
By signing the Advertising Agreement, Advertiser acknowledges that it has read all of the Terms and
Conditions and fully intends and agrees to be bound thereby.