TERMS & CONDITIONS

This is where we get into the dry and gritty part... the fine print, the hidden agenda, the secret storehouse of legalistic, fine-tuned precepts hidden away in some remote cave halfway around the world, abandoned by a nomadic people thousands of years ago. This stuff is sure to be a great read.

Last updated: July 1, 2011

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEB-SITE (INCLUDING THE ORDERING OF PRODUCTS THROUGH THIS WEBSITE) YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE TO BOUND BY THIS WEB-SITE'S TERMS & CONDITIONS AND APPLICABLE LAW, OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE.
NOTE: AS MORE FULLY EXPLAINED BELOW, AD MARKETING RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES. RELATED POLICIES AND TERMS

There are certain additional policies, terms and conditions that apply to the use of specific portions of this Web Site, and to the purchase of products from AD Marketing. These additional policies, terms and conditions are included as and shall be deemed to be part of these Terms and Conditions (collectively all such terms and conditions are referred to as the "Site Terms"). Please refer to and review all additional specific terms and conditions, including the following:

The Site Terms apply exclusively to your access and/or use of this Web Site and do not alter in any way the terms or conditions of any other written agreement you may have with AD Marketing. AD Marketing values its customers' privacy. Please make sure you review the Privacy Statement section of this Website so that you may understand how AD Marketing collects and uses information.

MODIFICATION OF SITE TERMS
AD Marketing reserves the right to modify, change and/or amend the Site Terms (these Terms and Conditions and/or one, more or all of the additional terms and policies reference above) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of AD Marketing. If the Site Terms are changed, modified and/or amended, AD Marketing will post the new terms on this Website and the "last updated" date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website. If you do not agree with any change, modification or amendment AD Marketing may make to the Site Terms you may withdraw your consent to and agreement to be bound to them by notifying AD Marketing in writing immediately.

AD Marketing may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions AD Marketing has elected to notify you via such additional means does constitute an agreement of any kind by AD Marketing that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.

SITE USE
You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the product and service offerings on the Website. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of AD Marketing or any third party. Unless you receive AD Marketing's express written consent, you may not:

You agree to abide by these Site Terms and not to use the products and services offered by AD Marketing for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of improper solicitation. AD Marketing may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Customer Provided Content
For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, "Customer Content") to AD Marketing for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to AD Marketing you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold AD Marketing and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by AD Marketing in defending against such suit, demand or claim.

You agree that you will not send, upload, post or otherwise transmit to AD Marketing any Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person's privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of AD Marketing and/or or any servers or networks connected to or used in connection with the delivery of such service and production.

You acknowledge that AD Marketing does not pre-screen Customer Content, but that AD Marketing reserves the right to do so at any time and that AD Marketing and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that AD Marketing may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AD Marketing, its employees, users and the public in general.

Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, AD Marketing retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of AD Marketing. This site may contain links to websites that are owned and/or operated third parties, and that are not under the control of AD Marketing. These links are provided only as a convenience. You expressly understand and agree that if you access any such sites through a link provided by AD Marketing then you do so at your own risk.

Payment
All prices and dollar amounts on this Website are in United States dollars. AD Marketing presently accepts the following credit cards: VISA, MasterCard, American Express, and Discover via PayPal. We reserve the right to stop accepting credit cards from one or more issuers.

In order for you to register with and order products and services from AD Marketing it is necessary for you to provide a valid, authentic and current credit card, which you are authorized to use. By submitting a credit card number to AD Marketing you are representing and warranting that the credit card information you provide is valid, authentic, current, and one that you are authorized to use it. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another credit card number that is valid, authentic and current, and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by an AD Marketing customer service representative if extended processing is required to complete your transaction request through our Website. This may affect to your estimated delivery date.

Unless AD Marketing agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card with AD Marketing or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. (AD Marketing will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.

In the event that AD Marketing and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that AD Marketing may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.

Order Cancellation
A print order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production an AD Marketing Customer Service representative will inform you of any cancellation charges incurred. A print order cannot be canceled and no refund will be given once it has entered into production or any process thereafter. No refunds are issued for Logo and Graphic design services. All cancellations must be completed through this website by accessing your Pending Orders. If you do not see a button for cancellation, the job has gone into production and cannot be canceled.

INTELLECTUAL PROPERTY
Copyright Ownership. This Website, the Website layout and design, and all Website page themes and skins are the property of AD Marketing and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content"), constitutes the copyrighted property of AD Marketing or of those parties from whom AD Marketing has licensed such property, and is protected by United States, international and other laws. AD Marketing reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. AD Marketing reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.

Trademarks. "AD Marketing" and "NJBizCards.com" and their respective designs and/or logos, are either trademarks or registered trademarks of AD Marketing and may not be copied, imitated or used, in whole or in part, without the prior written permission of AD Marketing. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of AD Marketing, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AD Marketing. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.

Restrictions on Use. Except as expressly stated in the Site Terms, none of the materials and Intellectual Property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of AD Marketing, or the respective intellectual property owner. Any use of Site Content -- including any commercial use, reproduction for purposes other than as permitted under these Site Terms, modification, distribution, republication, display, or performance -- without the prior written permission of AD Marketing is strictly prohibited.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AD MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. AD MARKETING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. AD MARKETING IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. AD MARKETING DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF AD MARKETING OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL AD MARKETING, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE ,UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT AD MARKETING HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM AD MARKETING (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

AD MARKETING, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO AD MARKETING (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE UNDER NO CIRCUMSTANCES WILL AD MARKETING BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.

GOVERNING LAW
The Site Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of New Jersey, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Newark, NJ, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

INDEMNIFICATION
You agree that you shall indemnify and defend and hold AD Marketing and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this AD Marketing, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.

SECURITY AND PRIVACY
To order products from AD Marketing it will be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for AD Marketing to guarantee absolute confidentiality or security. The information AD Marketing collects and how it is that information is used is subject to AD Marketing's Privacy Statement.

TERMINATION
AD Marketing may suspend or terminate your account and or your right to utilize the services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.

Notwithstanding any of these Site Terms that may suggest otherwise, AD Marketing reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms shall still apply.