Once we place this advertising into your account it will be considered fulfilled by us.  You alone are the sole determining factor in the success of this or any advertising.  Failure to pay for any advertising fulfilled by us may subject you to legal action.  As a consequence, it is possible that not all visitors sent will create an actual account.  In no event shall jammarketinginc be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of information or other pecuniary loss) arising out of the use or inability to use the package, even if jammarketinginc has been advised of the possibility of such damages.

If we are unable to deliver your traffic as describe herein, you may claim a refund.  In the unlikely event that jammarketinginc does not deliver the number of visitors promised, we will provide a refund of your entire purchase price on a pro-rata basis.  In cases where refunds are claimed, we reserve the right to require proof that the proper number of visitors were not delivered.  Statistics, data and other information from third party counters are not sufficient to establish a claim. These counting systems tend to yield an improper count. Raw server logs for the time period in question is the only other method to confirm the delivery amount.

jammarketinginc will not deliver visitors to sites with page redirects and javascript alert windows.  If a pop-up window is installed on the URL the ad will be delivered as a layered ad and could slow down the delivery.  jammarketinginc may stop the campaign and you will not be entitled to a refund if you sites break out of frames, multiple forwarding or redirections, illegal material, hate content, or use any type of script or programming code to change a browsers normal surfing routine.  A breach in any of these terms is subject to cancellation of your campaign with no refund.

jammarketinginc will not deliver general visitors to sites containing content that is not appropriate for viewing by a general audience.  Inappropriate content includes, but is not limited to, hate text, illegal content (in the US) and content that encourages illegal activities or violence.  What constitutes inappropriate content shall be determined at the sole discretion of jammarketinginc. jammarketinginc will review your site before beginning the campaign.  If your site is changed during the campaign such that it includes inappropriate content, jammarketinginc may stop your campaign immediately.  In this case, you will not be provided a refund on a pro-rata basis.  If your site contains inappropriate content, you must order adult traffic.

jammarketinginc cannot be held responsible for factors beyond our control that may interfere with our ability to deliver visitors to your URL. Such factors include, but are not limited to: downtime on your server, overuse of your bandwidth quota (if applicable), errors on your site, pop-up smashers and network outages beyond our servers.  Please contact your web hosting company or network provider if you are unsure about whether your hosting account is sufficient for the traffic program you are ordering.

This Agreement is governed by the laws of the United States of America (USA) and outlaying countries. This Agreement is the entire agreement between you and jammarketinginc and supersedes any other understandings or agreements, including, but not limited to, advertising with respect to the package.  Any action relating to this Agreement must be brought in the federal or state courts located in the USA, and you irrevocably consent to the jurisdiction of such courts.

TERMINOLOGY:

(1) In the present context, a visit generally occurs when a text file is loaded from your server (this includes HTML files).  A hit occurs when a file is loaded from your web server.  Since loading a single web page can cause several files to load (e.g. images), several hits usually occur when a page is loaded.  Thus, the number of hits is always greater than (or equal to) the number of visits.  The term -number of visitors- is interchangeable with the term -number of visits.- Several -visits- may originate from a single IP address or individual. This generally occurs when an individual returns to or reloads a web page.

(2) Pro-rata- refunds are calculated by dividing the number of visits we delivered by the number of visits you ordered.  The result of this calculation is subtracted from 1 and the resulting figure is multiplied by your purchase price to derive the pro-rata- refund.

(3) Targeted campaigns are any campaign that is language, category, or site specific.  Non-targeted are not language, category or site specific.

If any provision of this Agreement is deemed invalid or unenforceable by any jurisdiction or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect. These terms are subject to change at any given time without notice.