EnjoyMOAB Digital Advertising Terms And Conditions

Last updated: August 22, 2023

Welcome to EnjoyMOAB’s advertising platform! We’re stoked you’re considering us to elevate your brand in Moab. The nitty-gritty details of our partnership are below. Take a moment, grab your coffee (or desert tea), and read through. By advertising with us, you’re saying, “Yep, I’m on board!”

On EnjoyMOAB, we primarily cater to retail and service advertisements. If you’ve got a political, advocacy, employment, legal notice, obituary, or a significant national campaign, shoot us an email HERE. Our fun-loving team will be with you shortly.

1. Advertising Content

   • Ads Ownership: You retain ownership of your ads but grant EnjoyMOAB a license to use them.
   • Ads Content: You’re responsible for the content and ensuring it complies with laws and regulations.
   • Rejection or Removal: EnjoyMOAB can refuse or remove any ad that doesn’t comply with their policies.

2. Orders

   • Placement and Deadlines: You’re responsible for placing orders by the specified deadline.
   • Cancellation: Only cancellable with a written notice 2 days prior to the Start Date.

3. Placement and Positioning

   • Ad positioning: EnjoyMOAB determines the placement but will try to meet your preferences.
   • No exclusivity: Other similar ads might be placed close to yours.

4. Pricing and Discounts

   • Payment: You will pay the rates in the order, and these can’t be offset against other amounts.
   • Rate Changes: EnjoyMOAB can change rates but will inform you. You can terminate your order if you don’t agree with the new rates.

5. Ad Serving and Delivery

   • Usage of Third Parties: EnjoyMOAB can use third-party tools/services to serve ads.
   • Delivery: Ads will be delivered as stated in the Order. Over-delivery or under-delivery within 10% is deemed acceptable.

6. Payment Terms and Calculations

   • When payment is made: Payments can be collected immediately upon order placement or billed monthly after the ad is displayed.
   • Payment due date: Payments are due in-full prior to ads running.
   • Taxes: All prices exclude taxes.

7. Term and Termination

   • Effective date: The agreement starts when you place your order.
   • Termination due to breach: A party can terminate if there’s a material breach that isn’t cured within 30 days of written notice.
   • Cancellation of specific orders: Either party can cancel an order if it’s before the Deadline.
   • Obligations upon cancellation: If an order is canceled, you must pay all unpaid amounts for ad requests up to the cancellation date. If an order is terminated, the maximum refund you can get is any pre-paid amount that exceeds what you owe EnjoyMOAB. EnjoyMOAB and its affiliates are not liable for any other costs to you.

8. Liability, Warranty & Indemnity

   • Warranties by EnjoyMOAB: No warranties are made regarding site visitors, displayed pages, functionality, performance, or response times. EnjoyMOAB isn’t responsible for losses due to using their platform or similar platforms.
   • Limitation of Liability: EnjoyMOAB’s maximum liability is the amount you paid for the specific ad in question.
   • Your responsibilities: You must defend and indemnify EnjoyMOAB and its associates against losses arising from claims related to your ad, unless the claims are due to EnjoyMOAB’s gross negligence or intentional misconduct.

9. General Provisions

   • Jurisdiction and Governing Law: The agreement is governed by California law, and disputes must be settled in Sacramento, California.
   • Relationship: No partnership or employment relationship exists between the parties.
   • Assignment: You can’t transfer your rights without written consent from EnjoyMOAB.
   • Severability: If any part of this agreement is deemed unenforceable, the rest remains in effect.
   • Confidentiality: Both parties must maintain confidentiality. There are specific details about disclosure obligations and exceptions.
   • Entire Agreement: This agreement represents the complete understanding between the parties. Any changes must be in writing, though EnjoyMOAB can amend the agreement by notifying you.

It’s crucial to note that this summary is for informational purposes only. If you’re considering entering into a contract based on these terms, it’s recommended to consult with legal counsel.