By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
By clicking "SEND" on “SUBMIT A SERVICE REQUEST“ page you authorize and agree that up to three companies may contact you using this information. You acknowledge that you have read and understood all of the Terms and Conditions of this website and agree to be bound by them. We do not guarantee that we will be able to match your service request needs with a service provider or that there is any service provider in your area that is either qualified or willing to complete your service needs.
WE DO NOT ENDORSE, RECOMMEND OR GRANTEE THE SKILLS OR REPRESENTATIONS OF SUCH SERVICE PROVIDERS. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, LEGALITY, OR ACCURACY OF ANY INTERACTIONS BETWEEN CONTRACTORS, CONTRACTOR NETWORKS, AND CONSUMERS, WHETHER ONLINE OR OFFLINE. WE DO NOT INSPECT, WARRANT, REPRESENT OR ENDORSE ANY CONTRACTORS OR CONTRACTOR NETWORKS. WHEN INTERACTING WITH CONTRACTORS, CONTRACTOR NETWORKS, OR CONSUMERS, YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. YOU HEREBY AGREE TO RELEASE MIAMICITYDIRECTORY.COM website (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING INTERLINK SYSTEMS, INC.) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDERS.
Permission is granted to temporarily download one copy of the materials (information or software) on MIAMICITYDIRECTORY.COM for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
Modify or copy the materials.
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
Attempt to decompile or reverse engineer any software contained on MIAMICITYDIRECTORY.COM website.
Remove any copyright or other proprietary notations from the materials or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by MIAMICITYDIRECTORY.COM at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format
The materials on MIAMICITYDIRECTORY.COM are provided “as is”. MIAMICITYDIRECTORY.COM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MIAMICITYDIRECTORY.COM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Non-Endorsement: Site Content and Site users.
MIAMICITYDIRECTORY.COM does not sponsor, recommend or endorse: (i) any Third Party Service Providers (including Advertisers) that are accessible by and through the website. The Site facilitates communication between Third Party Service Providers and Site visitors (“Visitors”) that are potential users of associated Third Party Offerings.
Please be advised that MIAMICITYDIRECTORY.COM does not itself provide any underlying products and/or services, and the ultimate terms and conditions of any Third Party Offerings will be determined by the applicable Third Party Service Providers. You understand and agree that MIAMICITYDIRECTORY.COM shall not be liable to you or any third party for any modification, suspension or discontinuation of any service offered by any Third Party Service Provider.
In no event shall MIAMICITYDIRECTORY.COM or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MIAMICITYDIRECTORY.COM Internet site, even if MIAMICITYDIRECTORY.COM or a MIAMICITYDIRECTORY.COM authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree that you would not use MiamiCityDirectory.com Website to
Post, email, transmit, upload or receive any kind of defamatory, obscene, offensive, threatening, blasphemous or racist material. These materials may not, in the judgment of MIAMICITYDIRECTORY.COM, cause any kind of inconvenience, anxiety or annoyance to any person
Post, email, transmit, receive or upload any material that breaches the copyright pertaining to a third party or any other governing intellectual property rights. You are not authorized to transmit information under any contractual law or duty.
Email, post, transmit or upload any unauthorized or unsolicited advertising, chain letters, spam, pyramid schemes, junk mail or any other forms of advertising commercial or solicitation. This is regardless of the content and does not cover the concepts that have been designated specifically for the purpose.
Post, upload, email or knowingly indulge in the distribution or transmission of any material that consists of any computer code or software viruses that have been designed to damage, destroy, limit or interrupt the functionality of any telecommunications equipment, software or hardware.
You abide by the terms that you wouldn’t make use of the website in a manner that the website faces damages or interruptions rendering it less efficient.
Revisions and Errata
The materials appearing on MIAMICITYDIRECTORY.COM could include technical, typographical, or photographic errors. MIAMICITYDIRECTORY.COM does not warrant that any of the materials on its web site are accurate, complete, or current. MIAMICITYDIRECTORY.COM may make changes to the materials contained on its web site at any time without notice. MIAMICITYDIRECTORY.COM does not, however, make any commitment to update the materials.
MIAMICITYDIRECTORY.COM has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MIAMICITYDIRECTORY.COM of the site. Use of any such linked web site is at the user’s own risk.
Any claim relating to MIAMICITYDIRECTORY.COM shall be governed by the laws of the State of Florida without regard to its conflict of law provisions General Terms and Conditions applicable to Use of a Web Site.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
ADVERTISING AGREEMENT TERMS AND CONDITIONS
Effective Date: January 13, 2020
These terms and conditions govern all Orders for print, and digital advertising placements fulfilled by Miami City Directory entities that publish and/or distribute such advertising (“Publishers”). Each Order and these terms and conditions together constitute the agreement (“Agreement”) between the advertiser (“Advertiser”) and the Publisher. The terms and conditions apply to all Orders entered into after the Effective Date above, and may be updated from time to time.
An insertion order (IO) is the final step in the ad proposal process; when an insertion order is signed, it represents a commitment from an advertiser to run a campaign.
The Term of this Agreement is defined in each Order (as defined in Section 3), either expressly as “the Term” or as the timeframe of the advertising campaign.
Insertion Order / Order
All terms and conditions of this Agreement shall apply to every publication and/or distribution of an advertisement on Advertiser’s behalf (each, an “Ad”). No terms of an Order or other communication from Advertiser that contradict or are inconsistent with the terms and conditions of this Agreement shall be binding on Publisher, unless in writing and signed by both parties.
Representations and Warranties.
Advertiser represents, warrants and covenants that
It has full power and authority to enter into this Agreement and perform its obligations hereunder.
Its performance of this Agreement will not violate any contracts with third parties.
All materials and digital files submitted to Publisher (“Ad Material”) do not contain any computer viruses or other damaging code.
All Ad Material and campaigns do not violate any rights of any third parties, including but not limited to copyright, trademark, patents, trade secrets, right to privacy, right of publicity (“Intellectual Property Rights”), and civil rights.
It is familiar with and all Ad Materials and campaigns comply with all applicable laws, regulations, and FTC and industry guidelines, including but not limited to: local, state and federal laws regarding political advertising and fair housing, and Native Advertising: A Guide for Businessat https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses (December 2015). By way of emphasis, Advertiser represents and warrants that it has obtained all necessary consents and releases before submitting Ad Material, and all statements and direct and indirect claims made in each Ad are accurate and true and supported by competent and reliable substantiation.
No Legal Review
Publisher does not assume any obligations to perform legal review of Ads.
5.1 Ad Preparation
On request, Publisher may assist Advertiser in preparing its Ads for publication. This assistance may include design, composition, text and artwork. Publisher retains all rights, including copyright, to all Ad layouts and other elements that represent the creative effort of Publisher or contain material prepared by Publisher. Advertiser shall not authorize photographic or other reproduction of any such Ad layout in any other publication without the express written consent of Publisher. Advertiser remains solely responsible for the contents of the Ad(s) and for compliance with any laws regulating such advertising as represented by Advertiser in Section 4 above.
5.2 Ad Acceptance
Submission of an Ad to Publisher does not constitute a commitment by Publisher to publish or distribute the Ad. Publisher accepts an Ad only by publishing or distributing such Ad.
5.3 Ad Material Delivery
Failure of Advertiser to meet any deadlines may result in additional charges and changes in publication or distribution dates.
Advertiser shall be responsible for timely providing to Publisher all Ad Material necessary for publication and distribution of the Ads, including all necessary artwork and/or digital files, the timing and formats of which may be more specifically set forth in the Order or in Publisher’s media kit. In the event that all necessary materials are not received in time for the scheduled run date, and unless otherwise specifically instructed by Advertiser, Publisher may, at its sole discretion, use artwork or other materials from previous Ads placed by Advertiser, if applicable. Publisher will not be responsible for Ad Material that is not properly formatted or displayed or that cannot be accessed or viewed because it was not received by Publisher in the proper form, in a timely manner, or in an acceptable technical quality for mobile or online publication.
Ad Materials that do not conform to the Order may result in a higher price. See Section 8.1 on Liability for Errors / Omissions / Cancellations.
Publisher prohibits, and may postpone, cancel or otherwise return, any Ad Material that violates its advertising standards, including but not limited to advertising that violates applicable laws, promotes pornography, illegal goods, illegal drugs, illegal drug paraphernalia, pirated computer programs, and instructions on how to assemble or otherwise make bombs, grenades or other weapons.
5.4 Rejection and Alteration of Ads
To ensure the integrity of our publications and for the benefit of our readers and advertisers, Publisher reserves the right to revise, reclassify, edit or reject any Ad Material or any portion thereof at any time. Publisher at all times reserves the right to refuse to publish any Ad text or other content for any reason and regardless of whether any such Ad Material was previously accepted by Publisher. Publisher reserves the right to alter any Ad Material in order for the material to conform to Publisher’s current mechanical or technical specifications. The rates stated in the Order or rate card shall remain the same upon a reduction in the size of any Ad as long as the Ad maintains the same proportion of the entire page. Print rates are based on column inch size rather than actual published size, which may have shrinkage related to the printing process.
5.6 Position Requests
For print Ads, placement or location of advertising is not guaranteed. Any specific ad placement condition shall not be legally binding upon Publisher but will be treated as a request only and Publisher shall not be deemed in breach of this Agreement if it does not publish or distribute an Ad in a requested position.
6 Rejection of Ads
Publisher shall notify Advertiser when it rejects Ad Materials due to unsatisfactory technical quality, inappropriate content, or any other reason.
Advertiser shall pay all Invoices within 15 days of Invoice date or as otherwise stated on the Invoice. “Invoice” means any electronic or paper request for payment regardless of the title of the document. Invoices may be titled “statement” or “bill.”
7.2 Invoice Disputes
Advertiser waives any dispute regarding any item included in an Invoice unless notice and amount of such dispute is provided to Publisher within thirty (30) days of the Invoice date. Send such notices to firstname.lastname@example.org or call the number on the Invoice.
7.3 Late Payment and Collections
Except for invoiced payments that Advertiser has successfully disputed, Advertiser shall be responsible for all costs incurred by Publisher in connection with the collection of any amounts owing hereunder, including without limitation, collection fees, court costs and reasonable attorneys’ fees.
7.3 Rate Changes
Publisher shall have the right to revise the advertising rates set forth in this Agreement at any time upon notice to Advertiser of such rates. Advertiser may terminate this Agreement on the date the new rates become effective by giving written notice within 30 days of such termination. In the event of such termination, Advertiser shall be liable for Ads published prior to such termination at the Current Agreement Rate. “Current Agreement Rate” is defined as the billing rate in effect at the time of placement.
If Publisher is printing the Ad and there is an increase in the cost of the publication at any time during the Term of this Agreement, Advertiser understands and agrees that the advertising rates in the Order may be adjusted to reflect that increase automatically upon the effective date of the cost of publication increase.
All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Advertiser pursuant to this Agreement. Advertiser shall be responsible for all such charges, costs and taxes and all amounts paid and payable by Publisher in discharge of the foregoing taxes. This provision shall survive the termination or expiration of this Agreement.
8 Liability for Errors/Omissions/Cancellations
8.1 For All Placements
It is Advertiser’s responsibility to check for errors in its Ads before and after publication or distribution. Advertiser shall check the first appearance of Ads for correction and Publisher shall be liable for only one incorrect publication or distribution. Publisher shall not be liable for any error if, at Publisher’s option, Publisher subsequently publishes a corrected Ad. Publisher’s liability for an error shall not exceed the cost of space occupied by the error.
Publisher is not responsible for errors on copy received after deadline. Publisher assumes no financial responsibility for typographical errors, or for omission of copy of Ads.
Advertiser shall be responsible for paying the rate card or media kit price for any Ads published based on Ad Materials that do not meet the criteria in the Order or media kit. For example, if the Order is for a black-and-white Ad, and Advertiser submits a color image, then Publisher will either convert the image to black-and-white, or have the right to use the color image in the Ad, and charge Advertiser the color Ad price.
Publisher is not responsible for errors involving Orders, cancellations or corrections given orally. Written or facsimile confirmation of Orders, cancellations or corrections must be received prior to Publisher’s cancellation deadline. Publisher will publish and distribute Ads and bill Advertiser for all Orders that are not canceled prior to the deadline. Advertiser may be subject to a cancellation charge when such cancellation results in production delays.
Publisher’s liability for failure to publish or display any Ad or distribute any Ad insert shall be limited to a refund of any amount paid to Publisher for such placement.
Publisher’s liability for errors or omissions in print display advertisements shall be limited to the cost of advertising space in an amount equal to the erroneous portion of the advertisement. Publisher’s liability for errors in distribution of advertising inserts shall be limited to the cost of distribution of the improperly distributed advertising inserts. Publisher shall have no liability for, and no credit shall be issued to Advertiser for, errors that do not materially affect the value of the advertisement or advertising insert or where Advertiser is responsible for the error or omission. Credits for errors in advertisements or advertising inserts materially affected by the error are allowed for the first publication or distribution only.
Publisher assumes no responsibility for damage that occurs to mail pieces as a result of the processing and delivery operations of the U.S. Post Office.
In the event the Advertiser has paid a premium for a particular position, damages for failure to publish in a particular position shall be limited to the refund of the premium paid. With respect to advertising inserts, such reimbursement shall be limited to a refund of that portion of the premium associated with the portion of the advertising inserts that were not distributed in accordance with the specific position request.
Advertiser shall defend, indemnify and hold harmless Publisher and its affiliates, subsidiaries, and their respective directors, officers, principals, managers, members, partners, shareholders, employees, and controlling persons and their affiliates (Publisher and each such person being an “Indemnified Party”), against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, demands, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees and the costs of enforcing any right to indemnification (collectively, “Losses”), arising out of or resulting from its breach of this Agreement; negligence or willful act or omission of Advertiser or its personnel or affiliates in connection with its performance of its obligations under this Agreement; the content of, or representations made in any Ad or any website linked to from an Ad; and any other claims of any nature arising from or attributable to the publication or distribution of any Ad.
10 Limitation of Liability
Except with respect to Advertiser’s indemnification and confidentiality obligations, in no event will either party be liable to the other for any consequential, incidental, indirect, exemplary, special or punitive damages whatsoever (including damages for loss of use, revenue or profit, business interruption and loss of information), whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages. In no event shall Publisher be liable to Advertiser for any amount greater than the amount paid by Advertiser to Publisher under this Agreement.
11 Advertiser Represented by Agency
Agency’s representative represents and warrants that he or she has all necessary authority to enter into this Agreement on behalf of Agency. Agency represents and warrants that it has all necessary authority to enter into this Agreement on behalf of Advertiser.
Any obligation of Advertiser pursuant to this Agreement may be satisfied by an advertising agency which has been duly appointed by Advertiser to act on Advertiser’s behalf (the “Agency”) and shall be deemed to be an obligation of Advertiser and the Agency. Additionally, any right of Advertiser pursuant to this Agreement may be exercised by the Agency, and shall be deemed to be a right of Advertiser and the Agency. Collectively, the Advertiser and Agency will be referred to as “Advertiser.” Each shall be jointly and severally liable for the obligations of the other.
Agency shall be liable for payment for all advertising placed and invoiced by each Publisher publication in which Agency places an advertisement, regardless of any contrary language in any past, contemporaneous or future writing, regardless of whether it receives payment from Advertiser, and regardless of whether the identity of the Agency’s client is known to such Publisher publication. Agency will make available to Publisher upon request written confirmation of the relationship between Agency and Advertiser and of Agency’s authorization to act on Advertiser’s behalf in connection with this Agreement. In addition, upon the request of Publisher, Agency will confirm whether Advertiser has paid to Agency in advance funds sufficient to make payments pursuant to the Order.
12 License to Ad Materials
Advertiser grants Publisher a non-exclusive, perpetual, irrevocable and worldwide license to copy, store, display, print and distribute any and all Ad Materials provided by Advertiser or its agents, including but not limited to photographs, artwork, text and graphics, in any media, presently known or unknown, including but not limited to Publisher’s electronic publications on the Internet and in any archival retrieval system whether that information is digitally stored or stored on any other media.
Publisher has no obligation to return any material (including Ad Material) submitted to Publisher by or on behalf of Advertiser to Advertiser or any other party, and Publisher shall have no liability for its loss or destruction. Publisher and its service providers shall have the right to use any Ad published in or distributed by a Publisher publication for the purpose of promoting any of the products and services of Publisher or applicable service provider.
Publisher shall have the right to terminate this Agreement at any time, with or without notice to Advertiser, for Advertiser’s failure to remit payment for Invoices by the due date of such bills
14 Other Terms
14.1 Force Majeure
Except for payment obligations, neither party will be liable for failure to perform any obligation required under this Agreement when such failure is due to fire, flood, labor disputes or strikes, unavoidable accident, government action, legal restrictions, acts of war or terrorism, civil or military disturbances, nuclear, system failure, technical failure, equipment breakdown, or natural catastrophes or acts of God, or any other cause beyond the control of that party.
Advertiser may not resell, assign, or transfer any of its rights or obligations under this Agreement without the prior written consent of Publisher. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties and their respective permitted transferees, successors, and assigns.
If any provision hereof is held invalid or unenforceable, such invalidity shall not affect the validity or operation of any other provision.
14.4 Relationship of Parties
Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the Parties. Publisher is an independent contractor pursuant to this Agreement. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement or undertaking with any third party.
14.5 Governing Law & Venue
This Agreement, including all Order documents, and all matters arising out of or relating to this Agreement, is governed by, and construed in accordance with the substantive law (excluding choice of law provisions) of the state of the relevant publication. Both parties hereby consent to exclusive jurisdiction and venue of the state and federal courts in the county of the relevant publication.
14.6 Complete Agreement, Modification, and Waiver
This Agreement constitutes the final, complete, and exclusive statement of the terms of the Agreement between the parties with respect to all advertising and supersedes all prior and contemporaneous understandings or agreements of the parties, unless otherwise noted in this Agreement. This Agreement may be modified only by a written document signed by an authorized representative of both parties. Waiver of any of the terms of this Agreement by Publisher in any instance shall not prevent Publisher from subsequently enforcing any provision of this Agreement in accordance with its terms.
15 “Sponsored Content”
“Sponsored Content” means content which supports a Client’s desired brand message or views, but does not expressly promote sales of particular products or services. “Client” means a client of Publisher’s brand.