This Terms and Conditions Agreement (this "Agreement") contains the complete terms and conditions that apply to an individual's or entity's use of the Newswire.com web services (the "Services").
You are responsible for taking all reasonable precautions to ensure that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
As used in this Agreement, "We" means Newswire.com, "You" means the applicant, "Site" means a World Wide Website, "Links" means the links, headlines, and source names delivered by Newswire.com as a part of the Services, and "Publishers" refers to the creators of the articles to which we point.
Disclaimer of Warranties
We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability of information or material displayed on our web site. Newswire.com disclaims any responsibility for the deletion, failure to store, or delivery of any material.
Newswire.com disclaims any responsibility for any harm resulting from accessing any material on the Internet through the service.
You acknowledge that the Services contain links, descriptions and other material (collectively, the "Links") that are protected by copyright, trademark or other proprietary rights of Newswire.com and third-party content providers.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Services, even if we have been advised of the possibility of such damages. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the use of the Services on your Site other than in accordance with the terms and conditions of this Agreement.
THE Newswire.com SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE Newswire.com SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Newswire.com AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Newswire.com AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Newswire.com SERVICES. Newswire.com AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Newswire.com SERVICES. Newswire.com AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Newswire.com SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Newswire.com SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Newswire.com SERVICES.
Credits
Available credits can only be used on products and services that utilize credits. Newswire Credits do not have a monetary value and cannot be redeemed for cash. Unless explicitly stated, single press release credits have a 60-day expiration date from the date of the original purchase transaction. Value Pack Annual Subscriptions (multiple press releases in a single order) press release credits will provide an expiration date based on the number of credits purchased up to 365-day expiration date from the date of the original subscription purchase.
Also, at the sole discretion of Newswire, we may modify product offerings and include services related to pre-purchased credits. All current credits will be given an equal or greater value with any switch related to specific distribution channels or media end points. We will do our best to provide you with advanced notice but cannot guarantee any specific time frame for the changes based on initial notice.
Contracts And Agreements
All fully executed contracts, agreements and Value Pack Subscriptions will automatically renew for an additional year upon reaching the end of the established Service Term date unless notice of cancellation is provided in writing 30 days prior to renewal date.
If at any time, the recurring payments of an established contract cannot successfully be completed via Newswire processor, we will immediately contact you to help resolve the issue. If the payment has not been resolved within 10 days of initial failure, then the entire amount of the contract will become due and payable immediately. Should this occur, Newswire will provide a final invoice for services that will accrue interest at 1.5% per month rate until resolved. Further, Newswire may pursue all opportunities available under Uniform Commercial Code (UCC) to collect the aggregate amount due to breach of contract.
Monthly and Annual Plans without contract: For any accounts that sign up for a monthly or annual plan without a specific contract will be governed by standard automatic renewal terms. If no cancellation is received prior to the next renewal period as established in the customer's account, Newswire will be under no obligation to provide a refund for that renewal period.
Assignment
Neither party may assign this Agreement, or any of its interest herein, without the prior written consent of the other party, which consent may not be unreasonably withheld or delayed; provided, however, that no such prior approval shall be required for an assignment (a) in connection with a sale of all or substantially all of a party’s business related to the subject matter of this Agreement, (b) in connection with or any merger, sale of a controlling interest, or other change of control of such party, or (c) Newswire's assignment of all or part of its obligations under this Agreement to an affiliate. Notwithstanding anything to the contrary herein, Customer may not assign this Agreement (whether through sale of assets, merger, or change of control) to any Issuer Direct Competitor. This Agreement applies to and binds the permitted successors and assigns of the parties.
Terms of Service Changes
We may modify our services from time to time, for any reason, and without prior notice. We reserve the right to terminate this service with or without prior notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time in order to learn about changes of this agreement.
Newswire Service Pledge
At Newswire, our focus is our client's satisfaction. We work tirelessly to ensure the best possible results and pledge that we will provide the highest quality of service and process your press release in a timely and professional manner. Newswire cannot guarantee search engine ranking results, specific placement or media usage of your press release. Should you have concerns related to the performance of your press release, please contact our Client Services team (support@newswire.com) so we can do our best to assist in resolving the issue or take appropriate action related to a refund request.
Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of The USA, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
