These Terms & Conditions ("Terms") govern any engagement, order, or use of services (collectively, "Services") provided by USACTV, LLC ("USACTV," "we," "us"). By engaging USACTV for Services, you ("Client") agree to these Terms.
Services are provided on an "as-is" and "as-available" basis. USACTV makes no warranties, express or implied, regarding the Services, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and does not guarantee any particular advertising outcome, result, or performance metric.
Client represents and warrants that any text, images, logos, video, audio, trademarks, or other materials it provides to USACTV for use in connection with the Services ("Client Materials") are either owned by Client or that Client holds all rights, licenses, and permissions necessary to provide them to USACTV for that use. USACTV is entitled to rely on this representation without independent investigation.
To the maximum extent permitted by law, USACTV's total aggregate liability arising out of or relating to the Services, under any theory of liability (contract, tort, or otherwise), shall not exceed the total fees actually paid by Client to USACTV in the thirty (30) days immediately preceding the event giving rise to the claim. In no event will USACTV be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or lost business, even if advised of the possibility of such damages.
Client agrees to defend, indemnify, and hold harmless USACTV, its owners, and personnel from and against any third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising out of or relating to (a) Client Materials, including any claim that Client Materials infringe or misappropriate a third party's copyright, trademark, or other intellectual property or proprietary right, (b) Client's use of the Services, or (c) Client's breach of these Terms.
These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Nevada, and Client consents to the personal jurisdiction of those courts.
These Terms, together with any written proposal or order confirmed between the parties, constitute the entire agreement between Client and USACTV regarding the Services and supersede any prior discussions or understandings. USACTV may update these Terms from time to time; the "Last updated" date above reflects the current version.
USACTV, LLC
sales@usactv.com