Terms and Conditions

1.CONTRACT FOR ADVERTISING - I hereby authorize Find IT! AV to publish advertising and my companies listing on the Internet (finditav.com). The Category or Categories in which I am requesting Find IT! AV to publish advertising and/or company listing may include one or more print directories ("Print Directory" or "Print Advertising") or the finditav.com internet service, ("Internet Directory" or "Internet Advertising") and may include co-branded or private label versions thereof. "I" or "Advertiser" or "my" refers to the person who is requesting the advertising described in this Contract, and may be an individual, corporation or other entity or organization.

2.PUBLISHER NOT BOUND TO PUBLISH - I understand that this Contract is not an agreement by Find IT! AV to publish my advertising and Find IT! AV may choose not to publish my advertising. Find IT! AV may also choose not to publish any Directory. I understand that Find IT! AV will be bound by this Contract only if and when Find IT! AV publishes my advertising. If Find IT! AV does not publish my advertising, it will refund any money I previously paid for on the unpublished contract and have no further obligation to me. Find IT! AV may cancel my advertising at any time in its sole discretion for any reason, including without limitation, if Find IT! AV concludes that (i) I am in breach of any term of this contract; (ii) my advertising might be obscene or indecent; (iii) may violate a third party's intellectual property; or (iv) my advertising might be legally actionable or otherwise objectionable for any reason. No refunds will be given by Find IT! AV if my listing is removed for any of the reasons listed above.

3.PAYMENT FOR ADVERTISING - If Find IT! AV publishes my Print or Internet Advertising, I promise to pay Find IT! AV or its billing agent the monthly rates deemed appropriate by Find IT! AV in accordance with my listing for a minimum of 12 months. I will also pay any taxes due on my advertising. The number of months the advertising and/or listing is in circulation will be measured beginning on the first day Find IT! AV posts my advertising and/or listing to their website (finditav.com) and ending 365 days after that. Advertising and/or listing typically remains in circulation for 12 months, but Find IT! AV may at any time increase or decrease the number of months that any advertising and/or listing remains in circulation. If Find IT! AV increases the number of months the advertising and/or listing remains in circulation, the number of months of advertising that I must pay will be the current monthly rate for the period of that extension. I agree to pay for my advertising and/or listing for the agreed upon period thereof.

Unless advance payment is required, Publisher or its billing agent will bill me monthly for the charges deemed appropriate by Find IT! AV in accordance with my advertising and/or listing.  Find IT! AV may agree to or require other billing arrangements at its discretion.

Find IT! AV may require me to make partial or full payment for my advertising before it is published, and monthly billing may begin up to forty-five (45) days before or may begin after the beginning of the publication of my advertising and/or listing.  I will pay all bills for my advertising and/or listing by the due date on the bill. No acceptance of any payment or instrument marked with any restrictive covenant or other limited or conditional endorsement shall be deemed a waiver of any of Find IT! AV rights and recourses under this Contract.

(a) Late Charges. I will pay all bills for advertising by the due date on the bill. If Find IT! AV or their billing agent has not received the full amount I owe by the due date indicated on the bill, Find IT! AV or their billing agent may require me to pay a late charge. The amount of the charge will not exceed the lesser of 1.5 per month (19.5% per annum) of the amount overdue and the highest applicable lawful rate. If I do not pay any bill within thirty (30) days of the due date on the bill, Find IT! AV or their billing agent may require me to pay immediately all unpaid amounts I owe and will owe for all of my advertising in all directories for the entire time the print directories will remain in circulation and including pending advertising, and for the entire remainder of the term of any internet advertising.

(b) Billing Procedures. Bills for advertising may be sent by Find IT! AV, or their billing agent, or by an unrelated party. I understand my obligations to Find IT! AV, as they may arise throughout the period covered by the Contract, shall not be enlarged or reduced as a result of any act, or failure to act, by any billing party pursuant to the terms of its agreement with Find IT! AV pertaining to the submission of bills on behalf of Find IT! AV.

4.Find IT! AV OBLIGATIONS - (a) Find IT! AV shall have sole discretion over the means, methods and geographic areas of distribution of my advertising and.or listing. (b) Find IT! AV does not warrant that the distribution of any advertising and/or listing will begin or end on a particular day; and Find IT! AV does not warrant that any minimum or specific amount of traffic will be generated by your advertising and/or listing.

5.ADVERTISING COPY - Find IT! AV reserves the right to reject any or all advertising copy. I understand that Find IT! AV may change each name, street address, internet address and telephone number(s) in the advertising and/or listing copy to conform to Find IT! AV standards and practices. I represent that the statements contained in the advertising and/or listing copy are truthful and not misleading and that I am authorized to provide the services and products advertised. I represent that the advertising and/or listing copy complies with all applicable laws and regulations. I represent that I have all of the applicable licenses and permits required to provide the goods and services I am advertising in all of my geographic areas and to advertise under all the headings under which I am seeking to place my advertising and or listing. Placement for display advertising is not guaranteed, nor can exact reproduction of colors be guaranteed.

Right to use Copy, Trade-Marks, Etc. I represent that I have the unrestricted right and authority to use in any media (and to provide to Find IT! AV) any and all copy that I provide to Find IT! AV or that is included in any listing or advertisement published under this Contract, including the right and authority to use each copyright, trade-mark, trade name, service mark and name, domain name, statement, portrait, picture or illustration of any person or any other intellectual property as it is used in the advertising copy ("My Intellectual Property"). I agree that I am solely responsible for the enforcement and protection of any of My Intellectual Property, including that contained in my advertising. If Find IT! AV creates any advertising copy for me and I authorize Find IT! AV to use all or part of My Intellectual Property to do so, I agree that I am responsible for its content, but that Find IT! AV retains all rights in and/or ownership of advertising copy and that Find IT! AV reserves the right to supply such copy to other advertisers. I agree that I shall have no right to use advertising developed with copy created or supplied by Find IT! AV except in connection with this Contract, and shall not have the right to allow others to use such advertising or any such copy.

6.LIMITATION OF LIABILITY - If an error or omission of the advertisement occurs because of the negligence of Find IT! AV, in no event shall Find IT! AV liability exceed the amount paid or payable by the Advertiser for the item or items omitted, or in which errors occur, for the life of the issue of the Print or Internet directory involved. If an error or omission should occur, Find IT! AV must be advised within 30 days of publication to have the matter reviewed. After this time claims will not be considered. If the claim is within 30 days of the published advertising, the charges hereunder will be abated or refunded, whichever is appropriate on a pro rata basis proportionate to the extent to which such error affects the advertisement or listing.

I further agree to waive any claim for damages to the extent such damages exceed this amount. This limitation of liability will apply to any claim that I may have against Find IT! AV, or their respective affiliates, agents, employees or representatives, or any third party for whom Find IT! AV works with.

7.GENERAL DISCLAIMERS - To the maximum extent permitted by law, Find IT! AV disclaims any obligations and warranties, whether express or implied, that are not expressly set forth in this contract, including without limitation: Find IT! AV does not warrant the number of responses to my advertising, any other business benefit or the suitability of my advertising for any business purpose; and Find IT! AV does not warrant the number or percentage of residences or businesses that will actually receive or use any listing or view any heading or advertisement.

I understand that Find IT! AV cannot guarantee the number of people who will view my advertising on finditav.com. Accordingly, for the purposes of this Contract, Find IT! AV will have fulfilled its obligation under this contract if it includes my advertising and/or listing in the finditav.com database or otherwise hosts the advertising so that it is accessible to Internet users through the finditav.com service in response to appropriate queries; Find IT! AV do not warrant that the Internet service will be uninterrupted or error free; Find IT! AV do not guarantee the live date of the internet product.

8.DISCONNECTION OF ADVERTISER'S PHONE NUMBER OR SELLING OF BUSINESS - If Advertiser sells, discontinues business or disconnects telephone number before or after publication of the Directory, no payment or amount due under the terms of this contract will be waived. Customer will be responsible for the contracted advertising for the life of the advertisement and/or listing or the agreed upon term of the Internet directory contract.

9.RENEWALS AND CANCELLATIONS - If I wish to revise or cancel my advertising, I must do so by giving written notice to Find IT! AV or by calling 1-800-734-5919, no later than 10 days from the date I signed the contract or verbally authorized, by the directory advertising close date, whichever is earlier.

I will be deemed to have made a continuing request for repeated publication of the requested advertising and/or listing in each subsequent issue of the directory(ies), provided, however, I may withdraw or amend this request as it applies to any subsequent issue by notice in writing to Find IT! AV prior to the closing date of such subsequent issue of the directory(ies). Renewal will continue, and be subject to all rate increases, until I notify Find IT! AV in writing as to the cancellation and/or modification in accordance with this contract.

In the event I cancel my Internet advertising during or after the agreed upon advertising period, I will remain liable for the payment of all charges incurred through the final month of my advertising.

10.GOVERNING LAW - I agree that this Contract shall be governed by and interpreted in accordance with the laws of California in which my advertising appears and the laws of the United States of America applicable therein.

11.FORCE MAJEURE - Advertiser acknowledges and agrees that Find IT! AV will not be in breach of its obligations under this Contract in the event that, for cause or causes beyond its control, Find IT! AV is unable to perform, in whole or in part, any one or more of its obligations under this Contract. Such causes shall include, but not be limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the control of Find IT! AV.

12.AUTHORITY - The person signing on behalf of the Advertiser, or otherwise authorizing the placement of advertising, hereby certifies that he or she is either the Advertiser, or that he or she has been lawfully authorized to enter into this contract on behalf of the Advertiser.

13.ASSIGNMENT - Find IT! AV may assign this contract without notice to, or consent of, Advertiser. This Contract shall ensure to the benefit of and be binding on the permitted legal successors of each party.

14.NO WAIVER - Find IT! AV will not lose any of its rights under this Contract if it does not enforce a right or delays in enforcing a right.

15.ENHANCED LISTING ITEM (S) FOR INTERNET - Advertiser acknowledges and agrees that their Enhanced Listing item(s) (any or all of size, bold, color, italics, font, highlighting or extra line) may be different from that illustrated in any sales collateral, Website Copysheet or the finditav.com website, and that the associated listings' enhancement(s) may be omitted such that the listing may appear in its basic format, for technical reasons beyond Find IT! AV control, including without limitation, the online user's browser settings or the manner in which the listing is transferred to any third party co-branded or private label site prior to its display to the online user.