HitCity.net

Terms of Sales and Service

Automatch, LLC
549 A Pompton Ave. #363
Cedar Grove, NJ 07009
973-857-1902

Welcome to the HitCity.Net (hereinafter “HitCity”) web site, and Thank You for considering our products. HitCity will provide their goods and services to You subject to the following terms and conditions. Please read this information carefully before placing any orders. By placing an order with HitCity, You agree to be bound by the following Terms of Sales and Service (Agreement):

1. PRIVACY POLICY: The HitCity Privacy Policy is located at http://hitcity.net/privacy.php and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand the HitCity policies.

2. EMAIL CAMPAIGN AND DELIVERY SERVICES: HitCity will provide You with professional delivery of the email advertisements created by You from the HitCity.net web site. HitCity will provide tracking reports with full statistics for each email marketing campaign including emails sent/contracted, opened, and clicked. “Unsubscribes” will be processed by HitCity.

a. HitCity hereby retains the right to accept, reject, postpone or cancel any email campaign or advertisement for any reason, or no reason, in their sole discretion.

i. Advertisements or other content that HitCity deems unacceptable include, but are not limited to; gambling, pornography, sexual products, multi level marketing programs, and pharmacological products.

ii. HitCity will return any payment received for an email campaign not run as a result of a decision by HitCity under this section.

FEES FOR SERVICES: For each of the Products described above, the fee will be provided by HitCity and paid by client at the time the service is ordered.

4. REFUND POLICY: Due to the nature of our product, You agree and acknowledge that HitCity maintains a no refund policy on all products and services offered. If You are dissatisfied with any product or service offered by HitCity Your exclusive remedy is to discontinue use of the service without refund of any kind whatsoever.

5. GRANT OF LICENSE. As further consideration to employing HitCity to provide email marketing services, you hereby grant HitCity a perpetual world-wide license to use any content You provide, and You hereby warrant to HitCity that You have the right to use any content provided by you to HitCity. You hereby authorize HitCity to republish the advertisements mailed on your behalf solely for HitCity's promotional purposes.

6. WARRANTIES: HITCITY SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY HITCITY IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HITCITY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HITCITY DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY HITCITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES HITCITY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY HITCITY OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY HITCITY. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY HITCITY IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. HITCITY DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ANY SERVICE OFFERED BY HITCITY OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY HITCITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HITCITY OR THROUGH ANY SERVICE OFFERED BY HITCITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HITCITY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY HITCITY, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY HITCITY, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF HITCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT HITCITY IS NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD, OR STORE EMAIL TRANSMITTED THROUGH THE SERVICE. YOU AGREE THAT HITCITY DOES NOT ENDORSE THE SUBJECT MATTER OF ANY OF ITS LISTS OR ANY OF THE CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS SERVICE. YOU ALSO AGREE THAT HITCITY SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY HITCITY. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY HITCITY YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. YOU AGREE, AND ACKNOWLEDGE AWARENESS THAT HITCITY MAINTAINS A NO REFUND

8. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless HitCity, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by HitCity or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law including but not limited to Can-Spam violations, copyright infringement, trademark infringement, patent infringement or plagiarism. HitCity may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by HitCity, however, shall not excuse any of Your indemnity obligations.

9. FORCE MAJEURE: Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.

10. ASSIGNMENT: Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.

11. RELATIONSHIP OF THE PARTIES: The parties are independent contracting entities, and there is no partnership or agency relationship between them.

12. INTENDED FOR USERS OVER 13: HitCity web site is intended for use by individuals 13 years of age or older only.

13. ENTIRE AGREEMENT: Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.

14. DISPUTES: In the event of a dispute, You agree to attempt to resolve the dispute by contacting services@hitcity.net prior to taking any other action. Failure to contact HitCity to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of the HitCity web site are governed by the laws of the State of New Jersey, and the courts of general jurisdiction located within Essex County, New Jersey, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning Agreement and HitCity. In addition to the foregoing, in the event of any breach or violation of this Agreement, HitCity shall be entitled to enforce all of its legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.

15. SEVERABILITY: If any provision, or portion thereof, of Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.

16. HEADINGS: The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.

This Agreement was last revised on June 2, 2009.