For as long as JumpFly is providing services to Customer, Customer hereby grants JumpFly a royalty-free, worldwide, nonexclusive right and license to use, copy, reproduce, modify, use, display and transmit to the public all trademarks, service marks, artwork, logos, copyrightable works or other information or materials of a proprietary nature which are communicated and/or forwarded by Customer to JumpFly in order for JumpFly to provide services to Customer, all as reasonably determined by JumpFly (collectively, “Intellectual Property”). Customer represents and warrants that it has proper title to all of the Intellectual Property and that it is entitled to use such Intellectual Property in the manner contemplated herein and that Customer is entitled to grant JumpFly the right to use such Intellectual Property as set forth above. Customer shall indemnify JumpFly against all claims, damages, demands, liability, costs and fees (including reasonable attorneys’ fees) whatsoever arising out of or in any way connected to a breach of the representations and warranties contained in this Section.
Customer agrees to pay a service charge equal to the lesser of one and one-half percent (1.5%) per month on the outstanding past due balance and the maximum amount permitted by law.
EXCEPT FOR THOSE WARRANTIES CONTAINED HEREIN, JUMPFLY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN. NO AFFIRMATION OF JUMPFLY, BY WORDS OR ACTIONS, OTHER THAN AS SET FORTH IN THIS SECTION SHALL CONSTITUTE A WARRANTY.
JUMPFLY’S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR STRICT LIABILITY) FOR SERVICES RENDERD OR NON-PERFORMACE OF SERVICES SHALL BE LIMITED TO JUMPFLY CREDITING OR PAYING CUSTOMER AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH SERVICES. IN NO EVENT SHALL JUMPFLY BE LIABLE FOR CONSEQUENTIAL DAMAGES.
See JumpFly pricing for PPC advertising, SEO consultation, social media advertising, and Amazon advertising.
Customer is responsible for all costs and expenses incurred by Seller in enforcing its rights, including, without limitation, reasonable costs and attorneys’ fees related to any lawsuit or claim by and/or between Customer and JumpFly. In the event of Customer’s breach of any obligation (which includes, but is not limited to, Customer’s failure to pay), Customer agrees to pay all reasonable attorneys’ fees, collection fees and costs of JumpFly, including those incurred post-judgment, in any action brought to enforce the terms and conditions of any transaction. Furthermore, Customer acknowledges and agrees that JumpFly may seek equitable relief without the necessity of posting a bond.
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