Advertiser Terms

The terms that govern advertising on Nimbus Pages.

NIMBUS PAGES — ADVERTISER TERMS AND CONDITIONS

These Advertiser Terms and Conditions constitute a legally binding agreement between Nimbus Pages LLC, a Colorado limited liability company, and the Advertiser Account, governing the purchase, placement, and display of advertising on the Nimbus Pages service. These Advertiser Terms supplement the Nimbus Pages Terms of Service. In the event of conflict, these Advertiser Terms control for advertising matters.

BY CREATING AN ADVERTISER ACCOUNT, FUNDING A CAMPAIGN, OR OTHERWISE PURCHASING ADVERTISING ON THE SERVICE, ADVERTISER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE ADVERTISER TERMS.

1. DEFINITIONS
"Advertiser Account" means the business account through which advertising is purchased, separate from any individual user account. "Authorized User" means a registered Nimbus Pages user granted a role (Owner, Manager, or Billing). "Campaign" means an advertising placement configured by Advertiser. "Click" means a user viewing or saving Advertiser's full business card. "Creative" means the business name, logo, service keywords, and other content supplied by Advertiser. "Impression" means Advertiser's card displayed in sponsored placement. "Prepaid Balance" means funds loaded in advance, drawn down by Impressions and Clicks.

2. ADVERTISER ACCOUNTS; ELIGIBILITY; VERIFICATION
All advertising shall be purchased through an Advertiser Account, which is the sole contracting party. Each individual accessing an Advertiser Account must be an Authorized User. Each Account has exactly one Owner; ownership is transferable. Prior to any Campaign delivery, Advertiser shall complete domain verification by confirming ownership of its business domain from an email address at that domain.

3. PREPAID BALANCE; BILLING; REFUNDS
All advertising is provided on a prepaid basis. Consumed Prepaid Balance is NON-REFUNDABLE. Unconsumed balance shall be refundable per the Company's refund policy. Payment methods attach to the Advertiser Account. The Company does not store full payment card numbers. Advertiser may establish spend caps. The Company may impose spend limits or hold funds as fraud-prevention measures.

4. CREATIVE; CAMPAIGN CONFIGURATION; COMPANY RIGHTS
Advertiser shall supply Creative and configure each Campaign's targeting radius (minimum 1 mile or 200 households, whichever is greater). Advertiser is solely responsible for the accuracy, legality, and non-infringement of all Creative. The Company reserves the right to reject, suspend, or remove any Creative, keyword, Campaign, or Advertiser Account at any time. Where removal is not for cause, unconsumed Prepaid Balance shall be refunded pro-rata.

5. MEASUREMENT
The Company's measurement systems constitute the system of record for all Impressions, Clicks, and Prepaid Balance consumption, absent manifest error.

6. DISPLAY OF ADVERTISER DATA; USER PRIVACY
Advertiser's business name, logo, and keywords may be displayed to any user whose search or location matches Campaign targeting. NO PERSONAL DATA OF ANY USER SHALL BE SHARED WITH ADVERTISER AT ANY TIME. Advertiser receives aggregate Campaign metrics only (Impression and Click counts). Advertiser shall not attempt to identify, re-identify, or profile individual users from Campaign data. Any such attempt constitutes a material breach permitting immediate termination.

7. DISCLAIMER; NO PERFORMANCE GUARANTEE
THE COMPANY DOES NOT GUARANTEE CAMPAIGN PERFORMANCE, PLACEMENT POSITION, IMPRESSION OR CLICK VOLUME, OR ANY BUSINESS OUTCOME. ADVERTISING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

8. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE PREPAID BALANCE CONSUMED DURING THE THREE MONTHS BEFORE THE CLAIM AROSE.

9. PRICING
Current per-Impression and per-Click rates are disclosed at Campaign creation. Pricing may change upon notice; changes apply prospectively only.

10. TERM; SUSPENSION; TERMINATION
Either party may terminate at any time. The Company may suspend or terminate immediately for breach of these Terms or applicable law. Sections 3, 6, 7, 8, 11, and 12 survive termination.

11. INDEMNIFICATION
Advertiser shall indemnify and hold harmless the Company from claims arising out of Creative, business information supplied by Advertiser, breach of these Terms, or violation of applicable law including advertising, consumer-protection, and intellectual-property laws.

12. DISPUTE RESOLUTION; ARBITRATION; GOVERNING LAW
Disputes shall be resolved by binding arbitration under AAA Commercial Arbitration Rules, in Colorado, on an individual basis. THE PARTIES WAIVE JURY TRIAL AND CLASS OR REPRESENTATIVE PROCEEDINGS. Colorado law governs.

13. AMENDMENTS; GENERAL PROVISIONS
The Company may amend these Terms upon notice. Continued Campaign activity after the effective date constitutes acceptance. Notices: legal@nimbuspages.com.