- OMISSION OF BROADCASTS. We shall use reasonable efforts to broadcast the Participation(s) as specified in this Agreement. We may, however, in our sole discretion, omit the broadcast of any Participation(s) hereunder without notice to you, for whatever reason, including without limitation, a strike, labor condition, or to permit the broadcast of an event of public importance (including, but not limited to any political or sports broadcast), a special program, or any news report or news bulletin, or if any Participation(s) is in conflict with competitive advertising broadcast during the thirty-minute time periods before or after the Program. When a broadcast of a Participation is so omitted, such omission shall not be deemed a breach of this Agreement or a failure of performance by us. However, with respect to such omitted Participation, if a Prize was awarded to a contestant, then you shall deliver the Prize to the winning contestant upon our notification to you to do so, and we may elect either to pay you an amount equal to the supplier’s cost for the Prize, or provide an equivalent Participation (as determined by us) on another Program as soon as reasonably possible.
- RERUNS. We may in our sole discretion broadcast any number of reruns of any Participation(s) hereunder, without notice to you and without any payment to you for such reruns.
- WARRANTIES AND INDEMNITIES. With respect to each Prize, Product, Participation and the Promotional Materials, you hereby represent and warrant: (a) that the taping and/or broadcast thereof will not violate any federal, state, or municipal law, government regulation or the rights of any person, firm or corporation; (b) that you and your employees shall comply with Section 507 of the Federal Communications Act, as amended (the “Act”), concerning broadcast matter and disclosures required thereunder, insofar as that section applies to persons furnishing material for television broadcasting, and in this connection that no material offered includes or will include any matter for which any money, service or other valuable consideration directly or indirectly paid, or promised to, or charged or accepted by you other than as herein specifically described; (c) that you and your employees will comply with Section 508 of that Act and you warrant and represent that you will not cooperate or conspire in any “rigging” of a game show nor cooperate or conspire in any effort to predetermine the outcome of a game which is broadcast nor supply a contestant in such game with any special or secret assistance; (d) that you will not represent in connection with the furnishing of any Product or Prize or any other consideration hereunder that you are a sponsor of the Program; (e) that any Prize delivered to contestants hereunder shall be free of any defect, harmful ingredient or harmful effect and shall meet all statutory warranties and other statutory requirements regardless of any lack of privity of contract, and that if any defective prize is delivered, you agree to replace it promptly if so requested by us and indemnify and hold the CBS Entities (as defined below) harmless for any and all liability arising from any defect or damage caused by the Product; (f) that you own or otherwise have the authority to grant all intellectual property rights relating the Product, including without limitation the copyright and trademark, and that no further permissions from any third party is required for the exploitation of the rights granted herein; and
(g) the taping and/or broadcast thereof do not and will not defame, infringe or violate the rights of privacy of any third party and are not the subject of any actual or threatened litigation or claim.
You hereby agree to indemnify and hold harmless CBS, Producer, their parent companies, affiliated entities, subsidiaries, successors, transferees, assigns, licensees, and the agents, associates, officers, directors and employees of each of the foregoing (collectively, the “CBS Entities”), against any and all claims damages, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, arising out of the exploitation of the Participation(s) (including Promotional Materials, Products and/or Prizes furnished by you), and advertising or promotion in connection therewith, or arising out of the breach of any warranty, agreement or representation herein made by you (including, without limitation, paragraphs 6 and 7 below).
We similarly agree to indemnify and hold harmless you and your agents and employees from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees arising out of materials furnished by us in connection with the Prize or arising out of a breach of any agreement herein made by us, provided we are promptly notified of any claim or litigation to which this indemnity applies and provided we may assume the defense, at our discretion, of any such claim or litigation. Should we assume the defense of such claim or litigation, our obligation to you shall be limited to holding you harmless from and against any loss or damage or costs caused or arising out of any judgment, or any settlement approved by us in connection with any such claim or litigation.
You agree that, in the event of any breach by us or any third party, the damage, if any, incurred by you thereby will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief. You further agree that your rights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and you will have neither the right to rescind or terminate this Agreement or any of our rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Program, or any subsidiary or allied rights with respect thereto, nor terminate your obligations hereunder by reason of such breach.
- PRODUCT & PRIZE DISPLAYS; PROMOTIONAL MATERIALS. We shall not be liable or responsible for normal wear or tear in our use of any Product or Prize as display or for other promotional purposes. We may, at any time after one (1) year from the date of this Agreement and at our option and with no notice or compensation to you, sell, donate or otherwise dispose of any such Product or Prize still in our possession. You agree that any and all Promotional Materials furnished by you hereunder shall conform in all respects to CBS policy.
- ADVERTISING. You agree that you will not use the fact that the Product or Prize was used on the Program, or use the name of the Program, in retail advertising, publicizing or promoting your product(s) or service(s), or in any other way whatsoever.
Notwithstanding the foregoing, you shall have the limited right to post information on your company’s dedicated FACEBOOK and/or TWITTER page (and no other internet website or web pages without prior written approval in each instance) stating that a product sold by you will be featured on the Program, such posting to be strictly limited to the following form: “See one of our products on THE PRICE IS RIGHT episode scheduled for broadcast [tomorrow/today] on CBS.” Such posting shall be limited to the period commencing the day prior to the scheduled broadcast date; or, if the Program is scheduled for broadcast on a Monday, then commencing on the immediately preceding Friday. In no event shall any such posting reference the specific product to be featured on the Program.
- CBS POLICY. You acknowledge and agree that CBS policy, among other things, prohibits:
(i) false or unwarranted claims for any product or service;
(ii) infringement of any right of any person, firm or corporation by means of plagiarism, unfair competition, or otherwise;
(iii) disparagement of any product or service of any person, firm or corporation;
(iv) material which is defamatory, obscene, profane, vulgar, repulsive, or offensive, either in theme or in treatment;
(v) statements or representations that may be deceptive or misleading to the public;
(vi) deceptive or misleading visual presentation of any product or service or of its performance characteristics;
(vii) appeals for funds;
(viii) testimonials which cannot be authenticated; and
(ix) materials or announcements which may, in the opinion of CBS, be injurious or prejudicial to the interests of the public, CBS and/or its affiliated stations, or which may be contrary to honest advertising or reputable business in general.
You agree that you shall not do or cause to be done any of the foregoing, and that if you know of anyone else doing any of the foregoing, you shall immediately inform CBS.
- GENERAL PROVISIONS. Our obligations hereunder are subject to the terms of our governmental licenses, to all federal, state, and municipal law, and to all regulations of all governmental bodies and authorities now or hereafter constituted. The exercise or non-exercise of any right held by us under this Agreement or otherwise shall not be considered a waiver of any other obligations herein provided or provided by law, and no waiver by any party hereto of any of the provisions of this Agreement shall be or be deemed to be a waiver of such or any other provision hereof for the future or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative; and none of them shall be in limitation of any other remedy, right, undertaking, obligations or agreement of either party hereto. All notices given hereunder shall be given in writing by personal delivery or by mail at the respective addresses of the parties hereto as herein set forth; provided, however, that, if either party hereto at any time or times gives notice of any different address for itself, then notices hereunder shall be given to it at the last such address so designated.
Notice given by mail shall be deemed given on the date of mailing thereof with postage prepaid. This Agreement (together with all matters or issues collateral thereto) shall be governed by the laws of the State of California applicable to contracts entered into and performed entirely therein, and may be enforced in the Superior Court of California for the County of Los Angeles. You consent to jurisdiction and venue in that court for any dispute arising from this Agreement. This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter herein contained, and cannot be changed or terminated orally. The time set forth herein for all broadcast hereunder is approximate only and time of broadcast shall be specifically determined by us. The titles and paragraph numbers are for convenience only and shall not affect the interpretation of any paragraph or part of this Agreement or of the Agreement itself. In the event there are conflicts between the deal terms to which these Standard Terms and Conditions are attached and these Standard Terms and Conditions, the deal terms shall control.
67777.8 – Standard Terms and Conditions – Attached to Daytime Programming Agreement – April 2016
COPYRIGHT 2009–2017 TelevisionAdGroup Inc., ALL RIGHTS RESERVED.
This web site (this “Web Site”) is provided by TelevisionAdGroup, Inc. Your access to, and use of, this Web Site confirms your understanding and agreement with the terms and conditions contained in this document. These terms and conditions are not permitted to be modified by any TelevisionAdGroup representatives except in a writing signed by both parties. The term “you” (including, but not limited to, formatives thereof, such as “your”, and “yours”) means you, the person accessing this document, as well as any persons accessing or using this Web Site under your control, supervision, equipment, connection, and/or authority. The term “Web Site” includes but is not limited to all functionality arising from or related to this Web Site, such as electronic mail.
I. WEB SITE POLICIES
No Endorsement; No Opinion of Quality; Privacy. Reference herein to any client, customer, service or product provider, specific or general commercial products or services, process whatsoever, or any of the foregoing by trade name, trademark, manufacturer, or otherwise, is for convenience only and does not constitute or imply endorsement, recommendation, or preference by TelevisionAdGroup. SUCH REFERENCES MAY OR MAY NOT BE PAID FOR BY THE REFERENCED PARTY OR PRODUCT MANUFACTURER, AND TelevisionAdGroup MIGHT RECEIVE A REFERRAL FEE OR OTHER COMPENSATION IN CERTAIN CASES. YOU ASSUME THE RISK OF USE OF ANY REFERENCED PRODUCT OR SERVICE SO REFERENCED AND YOU SHALL INDEMNIFY AND HOLD TelevisionAdGroup HARMLESS, INCLUDING ATTORNEYS’ FEES, FROM ANY CLAIM AGAINST TelevisionAdGroup BY YOU OR OTHERS ARISING THEREFROM. Any views, statements, and opinions expressed herein, by TelevisionAdGroup or users of this Web Site, do not necessarily state or reflect those of TelevisionAdGroup, and shall not be used for advertising or product endorsement purposes. You consent to monitoring of this use by system or security personnel. No representation or warranty is made that message intended to be delivered by or through this system will be private or delivered to the proper party. You waive any right to privacy in and to the information which you convey by or through this Web Site.
Use. You represent and warrant that: (i) you guarantee the usage arising from, related to or through this Web Site; (ii) you shall indemnify and hold TelevisionAdGroup harmless in the event that this Web Site is used in any unauthorized manner; (iii) you shall not bypass or otherwise attempt to bypass any restrictions or passwords associated with this Web Site or content accessed or used by or through this Web Site; (iv) this Web Site shall be used only for lawful purposes, and it shall not be used as a means to commit or attempt to commit a crime, tort, invasion of privacy, harassment, breach of contract, or other unlawful activity; (v) you are at least eighteen (18) years of age; (vi) you are permitted to have access to materials that may be considered offensive, violent, inappropriate, or adult in nature, and you hereby agree to indemnify and hold TelevisionAdGroup harmless for such access; (vii) you are solely responsible for all hardware and software necessary for your access of this Web Site; (viii) any available disk space provided by TelevisionAdGroup (“Disk Space”), whether for storage of electronic mail, data, computer software, other executable-related or data files, or otherwise, shall not be used to store valuable, confidential or otherwise important information and you agree to keep backup/archive copies of any information stored in the Disk Space; and (ix) this Web Site shall not be used, directly or indirectly, for the purpose of “spamming” or otherwise sending unsolicited mass transmissions or multiple postings in a manner which, in TelevisionAdGroup’s sole discretion, is abusive, offensive, and inappropriate; (x) you are solely responsible for full compliance with all applicable statutes, regulations, ordinances, and other laws that govern the direct, indirect, or downstream use or intended use of this Web Site. Without limiting the generality of the foregoing, in connection with your use of this Web Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a TelevisionAdGroup official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus, or harmful or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Web Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national, or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
j) Delete or revise any Material posted by any other person or entity.
Access by TelevisionAdGroup. You agree that TelevisionAdGroup has the right to monitor your use of this Web Site electronically and to disclose any information as necessary to satisfy any law, regulation, or other governmental request (including, but not limited to, whether informal requests of authorities, or formal requests, such as legal process, subpoena, search warrant or court order), to operate the system properly, to protect itself or its subscribers, or otherwise. You shall indemnify and hold TelevisionAdGroup harmless from such monitoring and disclosure. TelevisionAdGroup reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or are believed to be in violation hereof. You hereby authorize TelevisionAdGroup, and hereby appoint TelevisionAdGroup, as your attorney-in-fact to take any action necessary or appropriate to comply with any statutes, regulations, ordinances or other laws, user policies and/or industry-standard organizational or governing bodies, including, but not limited to the ICANN and its successor(s), and hereby release TelevisionAdGroup from liability for any such acts. Except for certain products and services for which TelevisionAdGroup is expressly and specifically identified by TelevisionAdGroup as being itself the author, manufacturer, or authorized representative, all merchandise, content, information, and services offered or made available or accessible on the Internet or use of this Web Site are so offered or made available or accessible by third parties who are not affiliated with TelevisionAdGroup or its affiliates (“Third-Party Materials”). TelevisionAdGroup makes no endorsements, representations, and/or warranties regarding Third-Party Materials. You understand that the Internet contains materials which may be considered to be sexually explicit and/or may be extremely offensive (“Explicit and Offensive Materials”). You guarantee that your access to Explicit and Offensive Materials is at your own risk. You are solely responsible to “block” or otherwise prevent inappropriate access or content.
Do Not Rely on Articles for Advice; Services/Prices Subject to Change. Any articles or information, including, but not limited to, those explaining commercial issues, technical issues, legal issues or other subject matter are introductions only and not intended to contain advice upon which you may or should rely. Such materials are not intended to replace the advice of a properly engaged qualified professional who has examined your particular circumstances. TelevisionAdGroup makes no representation that articles provided by or through this Web Site remain accurate, up-to-date, or are appropriate for your situation. Any services and prices identified on or through this Web Site are subject to change without notice; some products and services are not available in all areas. TelevisionAdGroup does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed by use of by or through this Web Site.
Trademarks; Service Marks; Copyright. TelevisionAdGroup are trademarks and/or service marks of TelevisionAdGroup. All other references are marks of their respective owners and bear no relationship to TelevisionAdGroup. There is no association or relationship between TelevisionAdGroup and any business or web site accessed via this Web Site, through the frames or otherwise. This Web Site, and its content, is subject to the protection of the copyright laws of the United States and other countries. You may not reproduce any part of this Web Site, including, but not limited to, pictures and graphic images, without the prior written permission of TelevisionAdGroup. Any comments, data, information, or materials sent to TelevisionAdGroup arising from your use of this Web Site may be used without liability and for any purpose without compensation or attribution to you or the sender. TelevisionAdGroup may reproduce, sublicense, transfer, use, disclose, exhibit, display, transform, create derivative works, and distribute such content or materials to others without limitation; this includes, but is not limited to, any information (including, without limitation, ideas contained therein for new or improved products and services) you submit to or through the Web Site (including, but not limited to, bulletin boards, forums, and newsgroups) or by e-mail by all means and in any media now known or hereafter developed. You also grant to TelevisionAdGroup the right to use your name in connection with the submitted materials and other information, as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse for any alleged or actual infringement or misappropriation of any proprietary right in your communications to this Web Site. Domestic and International copyright and trademark laws protect the entire contents of the Web Site. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS WEB SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
II. CUSTOMER POLICIES
Refunds and Cancellation. TelevisionAdGroup places advertising in accordance with the directive of its customers with third-parties. In the event that a customer requests a promotion to be stopped or to be suspended, and only if TelevisionAdGroup is able to accomplish the stoppage or suspension, as the case may be, (which is not guaranteed), any payments by customer to third-party advertisers will be refunded only to the extent received from such third-parties. In some cases, if an advertiser permits cancellation, there is a three-week delay until the spots can be canceled. TelevisionAdGroup is not required to reduce any commission earned on the original advertising approved by customer and placed with the third-party. TelevisionAdGroup shall not be liable for delay, omission, or error in any advertisement. Nothing requires TelevisionAdGroup to undertake any promotional activities which are, in TelevisionAdGroup’s judgment, misleading, libelous, unlawful, indecent, or otherwise prejudicial to TelevisionAdGroup or to any of its customers’ interests, although TelevisionAdGroup shall have no duty of review.
No Representations of Success or Guarantee of Placement. TelevisionAdGroup places advertising in accordance with the directive of its customers with third-parties. In no event does TelevisionAdGroup represent or warrant any specific results from the advertisements placed; each client campaign is unique and historical results for any customer are not representative for any other campaign or customer. TelevisionAdGroup cannot guarantee the ultimate placement of any advertisement, including, but not limited to, because of discretionary “Network” standards and practices review at any media facility; it is not uncommon for “Network” standards and practices departments of media companies to require revision which shall be deemed to change any price quotation or estimate by TelevisionAdGroup. TelevisionAdGroup does not assume the risk that advertisement or other media is not placed; TelevisionAdGroup remains entitled to its fee irrespective of placement. Unless otherwise stated in writing, all prices quoted by TelevisionAdGroup are subject to adjustment, including for changes to pricing by media providers.
Neither TelevisionAdGroup nor its employees, agents, representatives, or affiliates make any express or implied warranties, representations, or endorsements whatsoever arising from, related to, or in connection with its services. Accuracy, completeness, and usefulness of all information and the quality of services is solely by the recipient thereof. TelevisionAdGroup necessarily uses the services of third-party vendors, including, but not limited to, media companies; the terms of TelevisionAdGroup services are necessarily subject to and limited to the terms and conditions of TelevisionAdGroup agreements with such third-party vendors.
No Warranties. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE. THIS WEB SITE AND ANY INFORMATION AND/OR MERCHANDISE OBTAINED THEREBY (INCLUDING, BUT NOT LIMITED TO, “THIRD-PARTY MATERIALS” AND “EXPLICIT AND OFFENSIVE MATERIALS”), ARE RECEIVED BY YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, YEAR-2000 COMPLIANCE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Notwithstanding anything herein to the contrary: i) TelevisionAdGroup does not represent or warrant the successful delivery of any electronic mail, or that such electronic mail will remain private or in its original form or format; ii) TelevisionAdGroup reserves the right, and TelevisionAdGroup is hereby specifically and expressly authorized by you, to delete, to archive or to otherwise remove information and/or data of any nature from access and/or use from anyone, including, but not limited to, you, if any claim is made that there is a direct or indirect improper use of the Web Site, and TelevisionAdGroup shall have no duty to investigate the merits of any such claim prior to taking such action.
Neither TelevisionAdGroup nor its employees, agents, representatives, or affiliates make any express or implied warranties, representations, or endorsements whatsoever arising from, related to, or in connection with this Web Site or its services. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information and the quality and merchantability of all merchandise provided through the Web Site or otherwise on the Internet and all services, if any. Neither TelevisionAdGroup nor its employees, agents, representatives, or affiliates warrant that: a) the Web Site access or use will be uninterrupted or error free; b) that a connection can or will be established; c) that information or data of any nature will remain private; or d) that any information, software, or other material accessible by or through the Web Site is free of viruses, worms, trojan horses, or other harmful components. TelevisionAdGroup necessarily uses the services of third-party vendors, including, but not limited to, telecommunication companies. The terms hereof are necessarily subject to and limited to the terms and conditions of TelevisionAdGroup agreements with such third-party vendors. You assume the risk that your use of the Web Site may be terminated or otherwise adjusted, without notice, in the event that such use is unacceptable at any time by such third-party vendors.
UNDER NO CIRCUMSTANCES SHALL TelevisionAdGroup, THE COMPANY, OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY INCLUDING, BUT NOT LIMITED TO, FROM TelevisionAdGroup SERVICES, OR YOUR USE OF OR INABILITY TO USE THE WEB SITE, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES PROVIDED BY TelevisionAdGroup, OR MERCHANDISE PROVIDED ON OR THROUGH THE WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. YOU HEREBY INDEMNIFY TelevisionAdGroup, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES FROM AND AGAINST ALL ACTIONS, CLAIMS, SUITS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEB SITE AND/OR ACCESS TO THE INTERNET. IN NO EVENT SHALL TelevisionAdGroup’s MAXIMUM LIABILITY EXCEED ANY FEE ACTUALLY PAID BY YOU FOR THIRTY (30) DAYS OF USE OF AND ACCESS TO THE WEB SITE OR ANY PAYMENT TO TelevisionAdGroup FOR THE SERVICES AT ISSUE. NEITHER PARTY SHALL BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS DUE TO CAUSES WHICH ARE BEYOND THEIR CONTROL AND OF A NATURE WHICH NEITHER HAS THE AUTHORITY OR POWER TO REMEDY.
No Warranties. This document and all issues arising from or related to your use of the Web Site shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. You agree that any legal action or proceeding between TelevisionAdGroup, the Company and/or you for any purpose concerning this document or your use of, or access to, this Web Site, or the rights/obligations hereunder, shall be brought exclusively in the county of Allegheny, Pennsylvania. This is the final, complete, and exclusive statement of the entire understanding with regard to the subject-matter hereof, and supersedes any prior and contemporaneous communications, whether oral or written. These terms may only be amended by a specifically executed agreement in writing and signed physically or electronically by TelevisionAdGroup and you.
Any cause of action or claim you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises, or such claims or cause of action shall be barred. TelevisionAdGroup’s failure to insist upon or enforce strict performance of any provision of this document shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision hereof. TelevisionAdGroup may assign its rights and duties hereunder to any party at any time without notice to you. Any rights not expressly granted herein are reserved.