Advertiser Terms And Conditions

The Advertiser acknowledges and agrees that the use of Media UpSurge is at the Advertiser’s own risk. Media UpSurge makes no representations or warranties relating to the results of Advertisement, including without limitation, the number of impressions or CTs such Advertisement will receive and any promotional effect or return on investment thereof.

Media UpSurge makes no warranty or representation whatsoever regarding Media UpSurge, any information, services or products provided or available through or in connection with Media UpSurge or any results obtained through the use thereof.

Media UpSurge hereby disclaims on behalf of itself and all information providers, licensors and/or licensees of any and all warranties including, without limitation: any warranties as to the availability, accuracy or content of Media UpSurge and/or information, products or services available through Media UpSurge; and any warranties of title or warranties of merchantability or fitness for a particular purpose.

Any liability of Media UpSurge, its information providers, licensors, licensees, employees, agents, consultants or contractors, including, without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, failure of delivery of merchandise or information, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or unlawful use of Media UpSurge records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount already paid to Media UpSurge, its information providers, licensors, licensees, employees, agents, consultants or contractors, be liable for any indirect, special, incidental, or consequential damages, arising out of the use or inability to use Media UpSurge and/or the sites linked to Media UpSurge or for any breach of warranty.

Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor or material shortage, carrier interruption of any kind or work slowdown.