Last Updated: December 29, 2023
Terms and Conditions
These Terms & Conditions are incorporated into the attached Insertion Order (the “Insertion Order”) between the individual or company (“Advertiser”) and Anewgo Inc and together, along with any other policies incorporated herein, shall be considered the “Agreement”.
Payment Terms
The Advertiser will pay Anewgo the fees listed in the Insertion Order for the products and services provided. For variable-priced products like CPL advertising, payment will be based on actual quantity delivered. Payment methods will be as specified in the Insertion Order.
Anewgo will invoice the Advertiser monthly for amounts due. Invoiced amounts must be paid within 30 days from the invoice date (the “Due Date”). Overdue payments will accrue 1% interest per month (or the maximum allowed rate). Upon request, Anewgo can automatically charge the Advertiser’s credit card for invoiced totals. Final reconciliation of any prepaid amounts will occur after all advertising campaigns end.
If the Advertiser fails to pay on time, they will be responsible for Anewgo’s reasonable collection costs including attorneys’ fees. Non-payment or other Agreement breaches allow Anewgo to suspend performance or immediately terminate this Agreement and any others with the Advertiser.
Additionally, either party can terminate this Agreement for any reason with 10 days written notice, regardless of other termination rights herein.
Provision of Advertisements
Unless stated otherwise in the Insertion Order, the Advertiser is fully accountable for developing and providing Anewgo all advertisements (“Advertisements”) to be shown on any Anewgo websites (“Anewgo Sites”) under this Agreement.
The Advertiser grants Anewgo an indefinite, global, irreversible, sub-licensable, royalty-free license to utilize, recreate, publicly perform, and publicly exhibit all Advertisements. This license is non-exclusive and perpetual.
Positioning of Advertisements
Except as provided in the Insertion Order, positioning of Advertisements within the Anewgo Sites is at the sole discretion of Anewgo. Anewgo and/or its affiliates may, at their sole discretion, modify or discontinue any portion of the Anewgo Sites. Anewgo’s sole liability to Advertiser, and Advertiser’s sole remedy, for the modification or discontinuation of any advertising positions identified in the Insertion Order.
Unless otherwise stated in the Insertion Order, Anewgo has full discretion over the placement of Advertisements on Anewgo Sites.
Anewgo and its affiliates may also alter or remove any part of the Anewgo Sites as they see fit. If Anewgo modifies or discontinues any advertising positions specified in the Insertion Order, Anewgo’s sole liability and the Advertiser’s only remedy will be limited to positions identified in the Insertion Order.
Right to Reject Advertisements
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit”) any Content on or through the Anewgo Sites, you agree to provide truthful, accurate and complete information and to not impersonate or misrepresent your affiliation with any person or entity.
You are fully accountable for any Content you submit or otherwise make available via the Anewgo Sites. You also warrant and confirm that you either own or have full rights to all such Content, including the rights needed to Transmit it and transfer your and others’ interest in that Content to Anewgo as stated below.
Representations / Indemnification
The Advertiser represents and warrants that it holds all necessary rights to allow Anewgo to utilize and display the Advertisement(s) as per this Agreement. The Advertiser further warrants that no advertising content provided to Anewgo will:
a) Infringe on any third party’s personal, proprietary, or intellectual property rights; b) Violate any law, rule, regulation of any governmental or quasi-governmental body; c) Be defamatory or libelous; d) Be pornographic or obscene; or e) Contain viruses or other harmful programming.
The Advertiser agrees to indemnify, defend, and hold harmless Anewgo, its employees, agents and affiliates (“Indemnified Parties”) from any expenses, costs, losses, liability (including reasonable attorneys’ fees) (“Losses”) arising out of or related to:
i) Any breach of the Advertiser’s representations, warranties, or obligations hereunder;
ii) The publication of any Advertisement under this Agreement; and/or
iii) Any material, product or service accessible through the Advertisements.
Additionally, if a third party (“Agent”) enters this Agreement on the Advertiser’s behalf, the Agent (1) represents and warrants it has full authority to execute this Agreement for the Advertiser and bind the Advertiser to its terms; and (2) agrees to indemnify the Indemnified Parties for any Losses arising from the Agent’s breach of this representation and warranty.
Disclaimer of Warranties.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, ALL PRODUCTS AND SERVICES PROVIDED BY ANEWGO UNDER THIS AGREEMENT ARE OFFERED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ANEWGO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ADDITIONALLY, ANEWGO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACTUAL NUMBER OF ADVERTISEMENT IMPRESSIONS THAT WILL BE DELIVERED OR THE LEVEL OF CONSUMER ENGAGEMENT WITH ANY ADVERTISEMENT.
Limitation of Liability
IN THE EVENT ANEWGO FAILS TO DELIVER ANY ADVERTISING SERVICES AS OUTLINED IN THE INSERTION ORDER, ANEWGO’S SOLE LIABILITY TO THE ADVERTISER, AND THE ADVERTISER’S SOLE REMEDY, SHALL BE LIMITED TO ONE OF THE FOLLOWING, AT ANEWGO’S DISCRETION:
A) A REFUND OF ANY PREPAID AMOUNTS FOR SUCH SERVICES; B) AN EXTENSION OF THE RELEVANT TERM UNTIL SERVICES ARE PROPERLY DELIVERED; OR C) PROVISION OF COMPARABLE ALTERNATIVE ADVERTISING SERVICES.
UNDER NO CIRCUMSTANCES WILL ANEWGO BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST REVENUE OR PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PUBLICATION OF ANY ADVERTISEMENT, EVEN IF ANEWGO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, ANEWGO’S MAXIMUM AGGREGATE LIABILITY ASSOCIATED WITH THIS AGREEMENT AND/OR THE PUBLICATION OF ANY ADVERTISEMENT SHALL NOT SURPASS THE TOTAL AMOUNT PAID BY THE ADVERTISER UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL ANEWGO’S LIABILITY TO THE ADVERTISER AND/OR AGENCY EXCEED THE ACTUAL DOLLAR AMOUNT RECEIVED BY ANEWGO FROM THE ADVERTISER FOR THE ADVERTISEMENT(S) AT ISSUE.
Assignment Restrictions
Neither party may resell, assign, or transfer its rights or duties under this Agreement, either wholly or partially, without the other party’s prior written approval. Such consent is not required for mergers, reorganizations, acquisitions, consolidations, or asset sales including all or substantially all assets. Any assignment attempt unauthorized herein will be considered void. This Agreement’s terms will extend to and bind both parties’ respective successors and authorized assignees.
Governing Law and Dispute Resolution
This Agreement will be governed by the laws of the State of North Carolina, without regard to its conflicts of law principles.
The Advertiser consents to the exclusive jurisdiction and venue of the state and federal courts located in Wake County, North Carolina for any disputes arising out of or related to this Agreement.
In any such dispute, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.
Notices
Any notices under this Agreement must be in writing and delivered by: (i) personal delivery; (ii) express courier; (iii) confirmed fax; (iv) confirmed email; or (v) certified or registered mail, postage prepaid with return receipt. Notices are effective upon: personal delivery; one (1) day after deposit with express courier; five (5) days after mailing; or receipt confirmation for faxes or emails.
Notices will be sent to the address provided by each party below or to an updated address properly specified in writing under this section.
Independent Contractors
The parties are independent contractors without authority to assume or establish any obligations or duties on behalf of the other. This Agreement shall not create or imply any partnership, agency, joint venture or other such relationship between the parties.
Severability and Modifications
If any provision or part of this Agreement is deemed unenforceable by a court of competent jurisdiction, then that provision will still be enforced to the maximum extent possible to fulfill the parties’ intent. The remainder of this Agreement shall remain in full effect.
This Agreement can only be modified, or any rights under it waived, by a written document signed by both parties that explicitly references this Agreement’s terms.
Insertion Agreement
As a presently complimentary self-service listing platform, Anewgo does not currently require the execution of a formal insertion order or similar paid advertising agreement to generate property listings on our website. However, we reserve the right to transition parts or all of Anewgo’s listing services to a paid subscription model in the future, at which point a contract and accompanying insertion order stipulating advertising terms may need signed in advance to pay for and guarantee listings on the platform.
All active unpaid listings remain visible at the discretion of the listing creator and may be freely modified or withdrawn without constraint. Should Anewgo develop paid listing solutions, new or renewed listings may necessitate an updated legal agreement and insertion order tied to those promotional products outlining the transaction. We will notify any users of policy or contractual changes requiring payment, insertion orders, or advertising commitments in order to continue listing services.
