Billboard Advertising Terms & Conditions
These terms and conditions are an Agreement between you (“Advertiser”) and 5 Star Outdoor, L.L.C. (“5 Star”) By using this service, Advertiser hereby agrees to these terms and conditions.
Advertiser’s ad will show approximately 1,080 times daily on each billboard that is selected and paid for by Advertiser during the term that is selected by Advertiser.
Payment. Payment shall be made before the advertising start date. In the event Advertiser fails to pay any amounts due by the due date, (1) 5 Star reserves the right to discontinue rights under this contract, and resell the contracted display panel, (2) Advertiser remains responsible for the above contracted advertising fees until another advertiser enters into an advertising contract for the advertising display panels identified above, and (3) Advertiser agrees to pay all reasonable collection expenses, actual attorney fees, and court costs incurred by 5 Star for the collection of any amounts outstanding until paid. 5 Star shall attempt to mitigate its damages in good faith.
Artwork. Advertiser shall provide 5 Star with artwork in standard file formats. 5 Star reserves the right to refuse or withdraw at any time, before or after display, any advertising copy which is, in its sole opinion, objectionable, offensive, unlawful, false, misleading, deceptive or for any other reason or no reason at all. Any artwork or artwork changes must be received at least 2 business days before the posting date.
Real Estate. This Agreement allows Advertiser to advertise on the billboard faces listed above according to the terms and conditions of this Agreement. This Agreement shall in no way be construed to be a lease of real property, or vest in Advertiser any rights, powers, and/or privileges accorded by law to one in possession of real property.
Billboards. The billboards and the billboard structures are the property of 5 Star.
Service & Disruption of Service. 5 Star shall not be responsible for any failure or delay in the performance of undertakings hereunder when due to fire, governmental restrictions, governmental use, vandalism, power outages, lockouts, software issues, acts of God, mechanical failure or any other act, thing or event beyond its control.
Advertiser’s Responsibilities. Advertiser warrants that it has the legal right and authority to enter into this Agreement. Advertiser warrants that it retains full legal right to use, and to allow 5 Star to use as intended in this Agreement, all information, artwork and/or copy of any kind, type and/or form delivered by Advertiser to 5 Star and/or any artwork that is approved by Advertiser. Advertiser shall indemnify, defend, and hold harmless 5 Star and all its officers, directors, members, employees, and agents from all claims, losses, costs and other damages suffered by 5 Star because of Advertiser’s breach of this Agreement. Advertiser’s obligations in this paragraph shall survive the termination of this Agreement. If this Agreement is executed for Advertiser by a representative, employee, staff member, agent, etc., that person hereby affirms that he/she is allowed to enter into this Agreement on behalf of Advertiser.
Transfers & Assignment. Advertiser may not transfer its interests, rights, and obligations in this Agreement, nor shall Advertiser sublet or donate any advertising hereunder without prior written consent of 5 Star. 5 Star may freely transfer its interests, rights, and obligations in this Agreement at its sole discretion.
Cancellation. Advertiser may not cancel this Agreement. 5 Star reserves the right to terminate this Agreement at any time for any reason, or for no reason at all, upon written notice to Advertiser. In the event that 5 Star does cancel this Agreement, Advertiser will be refunded for any unused portion of advertising time that Advertiser has already paid for or only pay the prorated portion required for the following period.
Headings. The section headings used in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Michigan without regard to conflicts of law.
Venue. Venue for the resolution of any dispute arising out of this Agreement or to enforce its terms shall lie exclusively in the state courts of Oakland County, Michigan.
Miscellaneous. No provision/part of this Agreement shall be interpreted against 5 Star. Advertiser agrees thatall displayed advertising copy, designs or artwork may be used by 5 Star for its promotional purposes.
5 Star may modify, amend or change these terms and conditions without notice to Advertiser.
Severability. The illegality or invalidity of any provision of this Agreement shall not affect the remainder of this Agreement.
Binding Agreement. This Agreement shall be binding upon the successors, and/or assigns of the parties hereto.
Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous understandings or written or oral agreements between the parties.