Linx Edition Advertising Subscription Terms and Conditions

Effective Date: [Insert Date]

These Advertising Subscription Terms and Conditions (the "Agreement") are entered into by and between CE Kitch INC, doing business as Linx Edition ("Linx Edition," "Company," "we," "us," or "our"), with a business address at 1688 Meridian Ave, Suites 600 and 700, Miami Beach, Florida 33139, United States, and the person or entity enrolling in the subscription service ("Customer," "Advertiser," or "you").

By checking the acceptance box, submitting a signup form, providing payment information, or otherwise enrolling in a Linx Edition advertising subscription, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

1. Advertising Subscription Service

Linx Edition operates an online platform featuring golf and country club communities, related directories, club pages, property listings, and advertising placements. Under this Agreement, Linx Edition provides recurring advertising services to approved advertisers, including businesses, companies, real estate agents, and other approved professionals, subject to the subscription tier selected by the Customer.

Subscription tiers may include, without limitation:

  • Premium Placement — $50.00 per month
  • Club Placement — $25.00 per month
  • Card Placement — $15.00 per month

The subscription selected by the Customer at signup, or otherwise confirmed by Linx Edition, will determine the Customer's applicable placement category and monthly fee.

2. Free Trial

Each new advertising subscription begins with a thirty (30) day free trial period beginning on the date the subscription is activated by Linx Edition.

During the free trial, Linx Edition may create, format, edit, and publish the Customer's advertisement so that the Customer receives the benefit of the full trial period. The Customer understands and agrees that the advertisement may go live during the free trial even if the Customer has not yet reviewed it or provided comments or approval.

The free trial is offered solely at Linx Edition's discretion and may be limited to one trial per advertiser, business, professional, household, payment method, or account.

3. Recurring Billing Authorization

By enrolling in the subscription service and providing a payment method, the Customer expressly authorizes Linx Edition to store the payment method on file and automatically charge the applicable subscription fee to that payment method on a recurring basis unless and until the subscription is canceled in accordance with this Agreement.

The first charge will occur immediately upon expiration of the thirty (30) day free trial unless the Customer cancels before the end of the trial period. Thereafter, the subscription will automatically renew on a recurring monthly basis, and Linx Edition will charge the card on file approximately every thirty (30) days for the then-current subscription fee applicable to the Customer's selected plan.

The Customer is responsible for maintaining a valid payment method and accurate billing information at all times. If a payment is declined, fails, is disputed, or cannot be processed, Linx Edition may suspend, remove, or terminate the advertisement or subscription until payment is successfully completed.

4. Subscription Tiers and Placement Features

4.1 Premium Placement for Companies

For company advertisers, Premium Placement may include:

  • placement on the Linx Edition homepage with a link to the advertiser's profile;
  • a business profile in a searchable local directory;
  • advertising placement on the club page selected by the advertiser, rotating with other advertisers upon page requests; and
  • advertising placement on listing pages, rotating with other advertisers upon page requests.

4.2 Premium Placement for Agents

For agent advertisers, Premium Placement may include:

  • placement on the homepage within an agent section;
  • inclusion in an agent directory;
  • profile placement as a contact agent on club pages; and
  • profile placement as a contact agent on listing pages.

4.3 Other Placement Types

Club Placement, Card Placement, and any other subscription offerings will include the features, display logic, and page placements designated by Linx Edition for those offerings at the time of signup or renewal.

4.4 Platform and Layout Changes

The Customer acknowledges that Linx Edition may update or modify its website, club pages, listing pages, directories, ad layout, display order, rotating placements, page designs, or feature presentation from time to time in the ordinary course of business, provided that Linx Edition continues to provide substantially similar subscription services consistent with the Customer's selected tier.

5. Customer Content; Ad Creation

The Customer may provide copy, logos, photos, branding assets, contact information, links, descriptions, and other content for use in the advertisement, but is not required to do so. If the Customer does not provide materials, Linx Edition may create advertisement content using information supplied by the Customer, the Customer's website, public business information, prior correspondence, listing details, or other reasonably available sources.

By submitting or permitting the use of any content, the Customer represents and warrants that:

  • the Customer owns or has all necessary rights, licenses, permissions, and authority to use and authorize Linx Edition to use such content;
  • the content is accurate, lawful, and not misleading;
  • the content does not infringe, violate, or misappropriate any copyright, trademark, privacy, publicity, contractual, or other rights of any third party; and
  • Linx Edition may use, reproduce, publish, distribute, display, format, edit, crop, resize, and otherwise modify such content as reasonably necessary to create, host, and display the advertisement.

6. Revisions and Updates

Linx Edition may create and publish the Customer's advertisement without waiting for Customer feedback in order to provide the Customer with the full benefit of the thirty (30) day free trial.

After publication, the Customer may request changes, corrections, or updates to the advertisement at any time by emailing office@linxedition.com. Linx Edition will use commercially reasonable efforts to implement requested changes within a reasonable time, but does not guarantee same-day or immediate changes.

7. Cancellation

The Customer may cancel the subscription at any time by sending written notice to office@linxedition.com.

Cancellation may be made either before or after the expiration of the free trial. Cancellation stops future renewal charges only. Upon cancellation, the Customer's advertisement and subscription benefits will remain active through the end of the then-current trial period or then-current paid billing period, as applicable, after which the subscription will terminate and no further recurring charges will be made unless the Customer re-enrolls.

For avoidance of doubt:

  • if the Customer cancels during the free trial, the advertisement may remain live through the end of the free trial period;
  • if the Customer cancels during a paid month, the advertisement may remain live through the end of that paid monthly term; and
  • cancellation does not entitle the Customer to a refund, credit, or pro rata adjustment.

The FTC's rule requires cancellation mechanisms for covered recurring offers to be simple and at least as easy to use as signup in applicable contexts; this draft keeps your email-cancellation channel, but you should have counsel confirm whether your specific signup flow should also include an online cancellation path.

8. Refunds

All charges are non-refundable.

The Customer acknowledges and agrees that once a billing period begins, Linx Edition has reserved advertising inventory, provided account setup, ad creation, publication, hosting, placement, and related services. Accordingly, no refunds, credits, partial refunds, or prorated reimbursements will be issued for:

  • partial months;
  • unused subscription time;
  • cancellation before the end of a billing term;
  • dissatisfaction with ad performance;
  • removal or suspension of an ad for Customer breach; or
  • failure by the Customer to use or update the subscription.

9. Price Changes

Linx Edition may revise subscription rates from time to time. Any price change will take effect only after Linx Edition provides advance notice to the Customer by email or by other reasonable written notice associated with the Customer's account.

Unless otherwise stated in the notice, the revised rate will apply beginning with the Customer's next renewal billing cycle occurring at least thirty (30) days after notice is provided.

If the Customer does not wish to continue at the revised rate, the Customer may cancel the subscription before the new rate takes effect by emailing office@linxedition.com.

10. No Guarantee of Results

The Customer understands that advertising results vary by market, geography, club, property inventory, seasonality, ad category, competition, consumer demand, and many other factors beyond Linx Edition's control. Linx Edition does not guarantee any particular level of:

  • impressions;
  • traffic;
  • clicks;
  • views;
  • inquiries;
  • calls;
  • leads;
  • appointments;
  • conversions; or
  • revenue.

Linx Edition agrees to use commercially reasonable efforts and good-faith best efforts to operate and promote its platform and to provide the advertising services described in the Customer's selected tier, but no specific business outcome is promised or guaranteed.

11. Right to Reject, Suspend, Remove, or Terminate

Linx Edition reserves the right, at any time and in its sole discretion, to reject, decline, suspend, remove, disable, or terminate any advertisement, account, or subscription, with or without prior notice, if:

  • payment fails or is reversed;
  • the Customer breaches this Agreement;
  • the Customer's content is false, misleading, unlawful, defamatory, offensive, inappropriate, infringing, or otherwise objectionable;
  • the Customer engages in fraud, abuse, chargebacks, unauthorized use, or misuse of the platform; or
  • Linx Edition reasonably determines that removal or termination is necessary to protect its business, website, users, reputation, or legal interests.

If Linx Edition terminates for cause, all accrued charges remain due and non-refundable.

12. Service Availability and Technical Limitations

Linx Edition does not guarantee that its website, pages, directories, club pages, listings, rotating placements, contact forms, links, or associated services will be uninterrupted, error-free, always available, or free from delays, bugs, outages, data loss, or third-party interruptions.

The Customer acknowledges that advertisement display may be affected by maintenance, redesigns, browser limitations, device compatibility issues, platform changes, hosting issues, internet outages, and similar technical factors.

13. Disclaimer of Warranties

To the fullest extent permitted by law, the advertising subscription service and all related website features, placements, directories, and advertising functions are provided on an "as is," "as available," and "with all faults" basis.

Linx Edition disclaims all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, performance, accuracy, or results.

14. Limitation of Liability

To the fullest extent permitted by law, CE Kitch INC, Linx Edition, and their officers, directors, owners, employees, contractors, affiliates, agents, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, or for any loss of profits, loss of business, loss of data, loss of goodwill, loss of opportunities, business interruption, or diminution in value arising out of or relating to this Agreement or the subscription service, even if advised of the possibility of such damages.

In all cases, Linx Edition's aggregate liability arising out of or relating to this Agreement, the subscription service, or any advertisement shall not exceed the total amount actually paid by the Customer to Linx Edition for the subscription during the three (3) months immediately preceding the event giving rise to the claim.

Some states restrict certain liability limitations, so counsel should confirm whether you want any carveouts for non-waivable rights.

15. Indemnification

The Customer shall defend, indemnify, and hold harmless CE Kitch INC, Linx Edition, and their officers, directors, employees, contractors, affiliates, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • the Customer's advertisement or submitted content;
  • any allegation that Customer content infringes or violates any third-party rights;
  • the Customer's breach of this Agreement;
  • the Customer's violation of any applicable law, rule, or regulation; or
  • the Customer's negligence, fraud, or misconduct.

16. Compliance with Law

The Customer agrees that it will not use Linx Edition's services to promote any unlawful, deceptive, discriminatory, infringing, fraudulent, or misleading products, services, content, or conduct.

The Customer is solely responsible for ensuring that its advertisement, claims, licenses, disclosures, and promotional statements comply with all applicable federal, state, and local laws, regulations, and professional standards.

Because you are using auto-renewing paid subscriptions, counsel should specifically review your signup disclosures and cancellation flow for compliance with the FTC's negative-option rule and any other state consumer laws that may apply to your specific sales flow.

17. Notices

All notices from the Customer relating to cancellation, requested updates, billing questions, or other subscription matters must be sent to:

office@linxedition.com

Linx Edition may provide notices to the Customer by email, through the account, at checkout, or by posting updated terms or policies on the applicable website, except where a specific method of notice is required by law.

18. Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

Any dispute, claim, action, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each party irrevocably submits to the personal jurisdiction and venue of such courts.

19. Electronic Acceptance

The Customer agrees that electronic signatures, checkbox acceptances, digital acknowledgments, online submissions, and electronic records are valid and enforceable and may be used to evidence the Customer's agreement to this Agreement and authorization for recurring billing.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, discussions, proposals, representations, and communications, whether oral or written, relating to the advertising subscription service.

21. Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

22. No Waiver

No waiver by Linx Edition of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of Linx Edition.

23. Assignment

The Customer may not assign, delegate, or transfer this Agreement or any rights or obligations hereunder without Linx Edition's prior written consent. Linx Edition may assign this Agreement in connection with a merger, acquisition, sale of assets, corporate reorganization, or by operation of law.

24. Modifications to this Agreement

Linx Edition may modify this Agreement from time to time. Any material change will be communicated by reasonable notice, including email notice or notice posted through the subscription signup flow or website. Continued use of the subscription service after the effective date of an updated Agreement constitutes acceptance of the revised terms.

25. Contact Information

For all cancellation requests, ad changes, support matters, billing questions, or other notices under this Agreement, contact:

CE Kitch INC d/b/a Linx Edition
1688 Meridian Ave, Suites 600 and 700
Miami Beach, FL 33139
United States
Email: office@linxedition.com