LobbyScreens.com - Subscription Agreement

Advertising Services Subscription Agreement

By ordering advertising services from LendSmart Consulting, LLC d/b/a LobbyScreens.com on this website you agree to the following terms and conditions. Please read carefully and print this page for your records BEFORE ordering subscriptions.

Parties

In the context of this agreement you will be referred to as “you”, “your” and/or “Customer”; this title is defined as yourself individually and the business enterprise using the services if you are the sole proprietor or greater than 25% owner of the business enterprise using the advertising services and if said enterprise is a subchapter S corporation, limited liability company or partnership; otherwise the agreement binds the business enterprise solely and you affirm that you are authorized to enter into contracts on behalf of the business enterprise.

Customer is entering into this Agreement with LendSmart Consulting, LLC d/b/a LobbyScreens.com (hereinafter referred to as “LobbyScreens”) to provide digital advertising content as described below in return for payment of a subscription fee. The type and frequency of advertising content as well as the amount of the subscription fee will be determined by the options exercised in ordering said subscription on this web site as well as by terms incorporated within this Agreement.

Services and Content

The digital advertising content delivered by LobbyScreens will consist of electronic images portraying the Customer’s business products and/or services solely and will be designed in accordance with: verbal instruction from customer, shared internet design session via internet and telephone, templates provided to Customer by LobbyScreens then completed by Customer and subsequently returned to LobbyScreens. Customer acknowledges that LobbyScreens reserves the right to restrict any content which in it’s sole discretion is deemed inappropriate or indecent for viewing by the general public. Customer will be responsible for providing the general substance and content - phrases, images, logos and sales material necessary for LobbyScreens to design and format the digital advertising content. Said content may only be displayed on equipment purchased from LobbyScreens and is not licensed or permitted for any other use. Customer acknowledges and agrees that the LobbyScreens.com label on the front bezel of all equipment shall remain in place during the term of this Agreement ad also that each series of advertisements will be appended by a screen containing the LobbyScreens.com logo.

Term of Agreement

The term of this Agreement is defined by the selections made when ordering subscriptions for which the records of the order maintained by the electronic payment service used in connection with the subscription purchase will be valid proof thereof and; will be, at minimum, for twelve (12) months. At the end of the initial term, the agreement will continue with full force and effect on the original terms in month-to-month 30 day increments. Customer will be responsible for subscription fees for the cumulative total amount of the subscription for the length of the subscription period whether services are used or not and should you cancel the subscription service before the end of its term you agree to pay the remaining amount owed for the full term of the subscription as liquidated damages for early termination and additionally as recompense for any discounts which may have been received on equipment purchased in connection with the service.

Amount and Terms of Payment for Subscription Services

You agree to pay for all subscription services either ordered or used at the rate evidenced by the electronic ordering or said services on this website for which the records of the order maintained by the electronic payment service used in connection with the subscription purchase will be valid proof of consideration received thereof and also for the amounts due for said services. If the means for electronic payments in insufficient, disabled or otherwise unavailable, you agree to remit amounts owing hereunder via check, draft, money order, bank transfer or other good means immediately and concurrently as due. We agree that the rate for subscription services will remain valid for 12 months after your initial order for the services, after which the rate may change at our discretion. You further acknowledge that the acceptance of monthly installments for payment of the subscription service is provided by LobbyScreens as a convenience and does not alter your responsibility of payment for the full amount of the contract on a cumulative basis. Should any amounts owed by you to LobbyScreens become delinquent by 30 days or more, you agree to pay a late payment charge of 1/2% per month for the amount of owed payment which is late and; also, you agree to pay any costs of collection including, but not limited to, attorney’s fees and court costs.

Third Party Web Sites, Services and Software

We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LENDSMART CONSULTING, LLC, LOBBYSCREENS.COM AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("LOBBYSCREENS") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE LOBBYSCREENS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE LOBBYSCREENS PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

General

This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Arkansas, United States of America applicable to contracts made entirely within Arkansas and wholly performed in Arkansas, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Craighead County, Arkansas. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.