Advertising Terms and Conditions

1. Introduction. Please read this page carefully. It contains the Terms and Conditions governing your paid advertisement with Skexza, Inc. and use of the LifeAtCollege Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not advertise with Skexza, Incorporated. If you are using the Site and have entered into a Service Agreement with Skexza, these Terms and Conditions are part of that Service Agreement.

2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Skexza) form a binding agreement between you and Skexza, Inc. Your agreement to or use of the Skexza’s advertisement indicates your acceptance of these Terms and Conditions. You are agreeing to use the Advertising at your own risk. You are agreeing to pay for the Service prior to Skexza rendering any services, unless specified on the order form. In the event a payment arrangement has been agreed upon, you will be responsible for all payments due and agree to pay ALL payments on time. In the case of a late payment, the company may provide you with a five (5) day grace period before a ten percent (10%), or the maximum allowed by law, which ever is less, late charge is applied to the late payment. In the event a payment is 30 days past due, all advertising shall cease until the account becomes current.

3. Certain Definitions. The following definitions apply to these Terms and Conditions:
"LifeAtCollege Web Site" or the "Site" includes www.LifeAtCollege.com in its entirety and its related sites i.e. www.SaveInTheCity.com, owned or operated by Skexza Incorporated, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Site.
"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VB Script, databases, etc.) used on the Site.
"Advertisement" refers to any ad or post to the Site.
"Services" means any services provided by Skexza or its agents.
"User" refers to any individual or entity who uses any aspect of Skexza’s advertising services or the Site.
“Business" means a company or entity that is advertising using any of Skexza’s advertising services.
“Advertiser” means a company or entity that is advertising using any of Skexza’s advertising services.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
“Run” means the one time creation of multiple pieces an advertising form
“Campaign” refers to the time frame in which advertising is distributed
“Lot” refers to the four thousand (4,000) Flyers

4. Advertising Proofs. When advertisers change their ad copy an online proof will be created for the client. It will be the Advertisers' responsibility to contact Skexza and approve the ad changes. Ad approvals must be done by telephone, email, and/or postal service.

4.1 Mailed Proofs. One (1) free proof will be mailed to the "authorizing agent" on file, if so desired. Any additional proof(s) that require postal service will be billed at $2.00 each. The Advertiser's and/or Agency's acceptance of contractual terms will be held in the same light as a signed contract.

5. Cancellation Policy. If at any time during the course of this agreement you should terminate this Agreement, not to include your termination in the case of breach of this agreement by Skexza, Skexza shall reserve the right to receive all payments from you, if any of this Agreement. It is understood that due to the nature of the advertising and the upfront cost associated with it, there will be no refunds or cancellation.

6.0 Collection of Bad Debts. Any account that goes 45-Days past due will be sent to an outside collection agency. If it becomes necessary to turn an account over to attorneys or a collection agency for payment of advertising, the Advertiser will be responsible for paying interest and any fees that result from the collection action.

7. Types of Advertising Services. Skexza offers various advertising options and packages. The types of advertising available are listed below. 

7.1. Website Advertising Services. Skexza offers advertising on its LifeAtCollege.com website. The advertiser will: 1. receive a webpage (information must fit on an 8.5” by 11” piece of paper) 2. receive an animated gif 138 x 75 pixels (web commercial) 3. be listed on the Save at College portion of the selected school(s) 4. be listed on one (1) of the pages on the site(s) other than Save at College.

7.2. Discount Books. Skexza offers Discount Books that are limited to two (2) campaigns per college per year. Skexza will distribute 5,000 Discount Books per campaign. Each business shall have one (1) coupon included in each of the 5,000 Discount Books. Skexza shall design the Business’s coupon. The Discount Books will be individually distributed to the students. The standard coupon for the business shall be black and white. Color coupons are available for upgrade at an additional cost. Furthermore, additional coupons are available for purchase.

7.3. Flyers. Skexza offers Flyers that are directly distributed to the students. There is a minimum order of four thousand (4,000) Flyers and will be sold in lots. Skexza will design an Ad or Coupon for the Business to be included on the LifeAtCollege Flyer. The Flyers are printed on colored paper and are black ink. The flyers may be upgraded to full color ink for an additional charge. The flyers are approximately 4.25” x 3.67” in size. The size may very slightly due to the cutting process.

7.4. Discount Cards. From time to time Skexza may offer Discount Cards. The Discount Cards are exclusively offered to Skexza’s web advertisers and is limited to the first thirty (30) businesses to sign-up per school per run. Each of the thirty (30) advertisers will have their name displayed on the back of the cards. Each Discount Card will be individually distributed to the students. The total number of cards to be distributed will be determined by the size of the student body at each school. During distribution, the Discount Cards will include a list of actual discounts offered from businesses, so long as a specific discount was provided to Skexza two (2) weeks prior to the distribution date.

7.5. Website Design, Hosting, and Maintenance. Skexza offers Website Design, Hosting, and Maintenance to the Businesses. The cost for these services will be determined on a case by case basis and will very depending on the requirements.

8. Position Placement. The position placement will follow these rules and differ for each form of advertisement.

8.1. Website Advertising Services. The LifeAtCollege.com web site allows for multiple placements. The placement on the Save at College section will be category based. The Advertiser will be placed under the specific category for the product or service provided.  The categories shall go by alphabetical order. In the event the products or services do not belong to any of the existing categories, Skexza will create a new category for the Advertiser. Skexza reserves the right to modify the categories at any time to make them more all-inclusive. In regards to the animated gif (web commercial), the business’s gif will be placed in a random rotation on all 125 x 125 pixels gif sections on the specified school. Finally, the Advertiser’s listing on “another page” of the specified school will be determined by the placement of category. Skexza reserves the right to move the placement of any and all categories at any time.

8.2. Discount Books. The coupon placement of the Discount Books shall be in a random order.

8.3. Flyers. The Flyers will be distributed on a first come-first serve basis and is up to the discretion of Skexza. Skexza shall distribute one thousand (1,000) Flyers or one (1/4) lot at a time for each business.

8.4. Discount Cards. The coupon placement of the Discount Cards shall be in alphabetical order by business name.

9. Acceptable Use of the Site.

9.1 General Use Rules. You may use this Site only for lawful purposes within the stated context of Skexza's intended and acceptable use of the Site. Skexza Incorporated is the sole interpreter of the Site’s intended and acceptable use.

9.2 License to Use by Users Who are Businesses. Skexza hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking clientele and candidates for employment. This authorizes your advertisement to be placed in rotation with other animated gifs, included in appropriate categories, listed on the selected school(s) “Save At College” page, and posted within reason on the message boards. For further clarification please contact Customer Service at customerservice@lifeatcollege.com . Skexza reserves the right to suspend or terminate your access and use at any time if Skexza determines that you are in breach of any of these Terms and Conditions.

9.3 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.

9.4 House Rules for Posting, Conduct and Security. You agree to comply with the "House Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A.

10. Intellectual Property Rights. The Site and all right, title and interest in and to the Site are the sole property of Skexza or its licensors, and are protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Skexza reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "LifeAtCollege," the LifeAtCollege design logo and certain other names or logos are service marks or trademarks of Skexza, and all related product and service names, design marks and slogans are the service marks or trademarks of Skexza. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Skexza's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

11. Disclaimers and Limitations on Skexza's Liability.

11.1 Allocation of Responsibility. Skexza shall not post or distribute any advertisements for you until we receive your approval. Skexza assumes no responsibility for Advertisements that are posted or distributed upon your approval and has no responsibility for the activities, omissions or other conduct upon your approval.

11.2 Compensation. If errors are discovered, whether typographical or other, after the advertisements are distributed, Skexza, Inc. will not be held responsible for said errors because proofs were approved by the Advertiser and the Advertiser is responsible to contact our office and request corrections and copy changes.

11.3 No Endorsements by Skexza. None of the advertisements shall be considered an endorsement, representation or warranty with respect to any Business or third party, whether in regards to its Web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

11.4 No Guaranty of Results. Skexza makes no representations or guarantees regarding the effectiveness or timeliness of the Advertisements in meeting your advertising objectives. Skexza Incorporated does not guarantee that Advertisements for you will result in increases revenues and is not responsible for any promotions, for whatever reason made, made by you.

11.5 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SKEXZA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. LIFEATCOLLEGE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) SKEXZA DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SKEXZA IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Skexza makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Advertisements posted or distributed by/for you, or of any other form of communication engaged in by you. Advertisements may contain inaccuracies or typographical errors. You agree that any reliance on Advertisements posted or distributed by/for you, or on any other form of communication with Users, will be at your own risk.
(iii) Skexza makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

11.6 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE ADVERTISING SERVICE(S) AND THE SITE, THE INTERNET GENERALLY, AND THE ADVERTISEMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL SKEXZA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY ADVERTISEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKEXZA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN SKEXZA'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL SKEXZA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $200.00 (OR, IF YOU ARE A BUSINESS WITH A SERVICES AGREEMENT WITH SKEXZA, THE AMOUNTS ACTUALLY PAID BY YOU TO SKEXZA UNDER THIS AGREEMENT IF GREATER THAN U.S. $200.00).
(e) Due to the nature of these Terms and Conditions, in addition to money damages, Skexza will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

12. Links to Other Sites. LifeAtCollege.com contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Skexza of the contents on such third-party Web sites. Skexza is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

13. Amendments to this Agreement and Changes to Site. Skexza may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site or other forms of Advertiseing Services will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Advertising Service(s) or the Site any longer. Any new or different terms supplied by you are specifically rejected by Skexza unless Skexza agrees to them in a signed writing specifically including those new or different terms. Skexza may change the Site at any time.

14. Indemnity. You agree to defend, indemnify, and hold harmless Skexza (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Advertisement posted by/for you, or your breach of these Terms and Conditions. Skexza shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

15. User Information. The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through Skexza’s on-line operations only. In addition, Skexza reserves the right to comply, in its sole discretion, with legal requirements.

16. Questions and Notices. Questions concerning the use of the Site should be directed to webmaster@lifeatcollege.com . Notices shall be sent, for LifeAtCollege, to the address listed on www.LifeAtCollege.com , and, for you, to the address submitted by you or such other address as Skexza reasonably determines is an appropriate address for you.

17. General. Skexza contact information is listed on www.Skexza.com . Skexza makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access LifeAtCollege.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts in the State of Ohio. You and Skexza’s sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Skexza in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and Skexza.

Exhibit A -House Rules regarding Posting, Conduct and Security

Skexza is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at Skexza's discretion. Skexza reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.

A1. Posting Rules:
(a) Your Advertisement may not contain: (i) URLs or links to Web sites other than those specific to your business; (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Advertisement(s) to: (i) impersonate another company; (ii) post false, inaccurate or misleading information; (iii) post chain letters or pyramid schemes; or (iv) post opinions or notices, commercial or otherwise.
(c) Advertisements from any third party charging a fee are prohibited.
(d) Job postings must be individual openings for traditional, W-2 or 1099 employees.
(e) Skexza is under no obligation to monitor the Advertisements posted on the Site, but it may monitor Advertisements at random. Advertisements found to violate the above Posting Rules may be removed at Skexza's discretion.

A2. Conduct Rules:
(a) You may not send unsolicited commercial email to Users.
(b) Protect your password is provided. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify LifeAtCollege immediately of any unauthorized use of your registration and password.
(c) Report inappropriate postings or conduct to webmaster@lifeatcollege.com .
(d) You may not delete or revise any material posted by any other person or entity.
(e) If at any time during the term of this agreement Skexza comes to the understanding that you: (i) misled Skexza of your business practices and/or services, or (ii) purchased services that do not represent your precise business, Skexza reserves the right to terminate this agreement.
(f) Skexza is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.

A3. Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. Skexza will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.