Terms & Agreement

Advertising Agreement

The AD Buyer authorizes and directs DMVNXS, LLC Marketplace and its affiliated website (hereinafter called DMVNXS) to digitally publish advertisement(s) within the DMVNXS site specified to the AD Buy pursuant to the terms and conditions as stipulated in this agreement.

This agreement contains all the terms and conditions to which the parties are obligated and no representation or promises of any kind not set forth herein shall bind or in any way affect the obligations of the parties hereto, including expectation of editorial credit or specific response from advertising.

Reproduction of third parties works that are subject to copyright protection constitutes copyright infringement unless a license to reproduce such works has been obtain or another exception to copyright infringement exists. Use of another’s trademark in a way that is likely to cause confusion, mistake or deception as to source of goods or services constitutes trademark infringement.

You have asked DMVNXS, LLC (herein after referred to as DMVNXS) to make duplicates copies (which for purposes hereof includes publishing for the website or scanning and or printing) for you of the material identified within the AD placed by You.) DMVNXS will not digitally publish material which it knows is covered by the copyright of a third party and for which you do not have permission to print, copy or the copying of which is not fair use, nor will it knowingly copy material (such as photographs and advertisement material) to be used for trademark infringement. You must make sure that DMVNXS copying or digitally publishing of the material will not constitute copyright infringement or contribute to trademark infringement. Before DMVNXS will digitally publish or make copies of the material, you must confirm to DMVNXS’s terms and conditions that you have the right to have DMVNXS digitally publish or copy the material.

In this regard, you, the AD Buyer, declare under penalty of perjury, represent and warrant to DMVNXS that (a) your are at least 18 years of age, (b) your intended use of the materials will not confuse or mislead the public in any way, and (c) at least one of the following is true: (i) you own the copyright in the material; or (ii) you have been authorized as the agent of the owner of the copyright in the material to digitally publish or copy the material; or; or (iv) the digitally published or; or (v) the material is in the domain.

The undersigned acknowledges that DMVNXS is relying upon the foregoing in agreeing to digitally publish or copy the material. Accordingly, the AD Buyer shall indemnify, defend and hold DMVNXS harmless from any suit, demand, claim or liability arising from a breach of the foregoing warranty or any other basis arising from use of the digitally published or copies, including without limitation copyright infringement, trademark infringement and unfair competition. The undersigned shall pay any judgment or reasonable settlement offer and DMVNXS costs and fees (including without limitation attorney’s fees) incurred in connection with any such suit, demand, claim or liability, or in collecting upon the indemnification from the undersigned. DMVNXS may provide a copy of the AD Buy Order to anyone claiming that DMVNXS digitally publishing or copying of the material infringes such person’s rights.

Terms & Conditions

General Provisions

This agreement is made between DMVNXS, LLC (hereinafter called DMVNXS) and the Advertiser appearing on the AD Buyer’s contract
either directly or through their advertising agency (hereinafter collectively referred to as “ADVERTISER”,) both of whom shall be considered liable for payment and compliance with all other terms of this agreement.
As the advertising contracted for herein will be consolidated with other advertisements to facilitate production and digital publishing, cancellation is not allowed.
A waiver by either party or any default or breach by the other party shall not be considered as a wavier of any subsequent default or breach of the same or any other provisions of the agreement.

ADVERTISER'S Responsibility

ADVERTISER shall supply advertising materials to DMVNXS pursuant to DMVNXS current and prevailing mechanical specification
requirements.
ADVERTISER agrees to pay DMVNXS the agreed rate set forth on the AD Buy Agreement.
All advertisements submitted to DMVNXS for digital publishing are accepted only upon the express condition that this ADVERTISERS agrees to indemnify, hold harmless and defend DMVNXS and its team from and against any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees arising out of or relating to copy, copyrights, trademark or other material in any advertisement that subsequently may be determined as illegal, unauthorized or damaging in any way to any person or legal entity.

DMVNXS Responsibilities

DMVNXS reserves the right to limit the amount of advertising space to any one ADVERTISER or any category of ADVERTISER that may run on the website.
DMVNXS reserves the right not to accept or the right to accept any advertisement for any reason.
The ADVERTISER’S subject matter and advertising material is subject to the approval of DMVNXS.
Neither DMVNXS, nor its team shall be responsible for delays in digital publishing, delivery, or distribution due to strikes, lock-outs, embargoes, labor problems, fuel or power shortages, fire, floods, accidents, civil disturbances, war, acts of God, or other causes beyond their reasonable control.
DMVNXS reserves the right to cancel this AD Buy at any time upon ADVERTISER’S default in the payment of DMVNXS invoices, or in the event of any other material breach of this AD Buy. Upon such cancellation, all charges incurred by ADVERTISER shall become immediately due and payable.
DMVNXS represents to ADVERTISER that the advertisement will be reproduced in accordance with industry standards.
DMVNXS may assign this agreement in whole or in part to any person, firm or corporation directly or indirectly acquiring the right to publish the website offered by DMVNXS.
DMVNXS will not be bound by any terms or conditions or any notice whatsoever appearing on order blanks, copy instructions or insertion orders submitted by ADVERTISER when such terms or conditions conflict with any provisions contained in this AD Buy or DMVNXS published rate sheet.

Governing Law Remedies and Arbitration

This AD Buy Agreement shall be governed and construed in accordance with the laws of the State of Washington D.C. applicable to agreement wholly to be performed theirin.

(A) In the event that commercial collection. legal proceeding or arbitration proceedings are necessary to remedy any material breach of contract, ADVERTISER agrees to pay reasonable attorney’s fees/or collection fees or 20% of the unpaid amount due in addition to any arbitration fees, court costs and disbursements incurred to collect said balance due.

(B) ADVERTISER and DMVNXS agree that any disputes arising out of or concerning the interpretation performance, operation or breach of this AD Buy where the amounts in dispute are owed or in excess of $5,000.00 shall be submitted to arbitration in Washington D.C. before and pursuant to the rules of the arbitration Association; that a judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

SMS Terms & Conditions

The Terms of Service related to SMS communication must be included in the privacy policy or as a stand-alone document. Note: If the customer has a Terms and Conditions page, this information should be included there, not in the privacy policy. The document must include the following:

1- SMS Consent Communication:
Information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

2- Types of SMS Communications:
If consent has been given to receive text messages from DMVNXS, messages may be received related to the following (provide specific examples):
Appointment reminders
Follow-up messages
Billing inquiries
Promotions or offers (if applicable)
Example: "Hello, this is a reminder of your upcoming appointment with Dr. [Name] at [Location] on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time."

3- Message Frequency:
Message frequency may vary depending on the type of communication. For example, up to2 SMS messages per week may be received related to [appointments/billing, etc.].
Example:
"Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status."

4- Potential Fees for SMS Messaging:
Standard message and data rates may apply, depending on the carrier's pricing plan. These fees may vary if the message is sent domestically or internationally.

5- Opt-In Method:
Opt-in to receive SMS messages from DMVNXS can be done in the following ways:
Verbally, during a conversation
By submitting an online form
By filling out a paper form

6- Opt-Out Method:
Opting out of receiving SMS messages can be done at any time by replying "STOP" to any SMS message received. Alternatively, direct contact can be made to request removal from the messaging list.

7- Help:
For any issues, reply with the keyword HELP. Alternatively, help can be obtained directly from us at +1 (202) 4491300
Additional Options:
If SMS messages are not desired, the SMS consent box on forms can be left unchecked.

8- Standard Messaging Disclosures:
Message and data rates may apply.
Opt out at any time by texting "STOP."
For assistance, text "HELP" or visit our [Privacy Policy] and [Terms and Conditions] pages.
Message frequency may vary.

If you consent to receive text messages from DMVNXS, you may receive text messages related to new local shopping deals and upcoming events in the DMV area. Messaging frequency may vary. Message and data rates may apply. You can opt out at any time by texting "STOP." For assistance, text "HELP" or visit our https://www.dmvnxs.com/privacy-policy and https://www.dmvnxs.com/agreement.