Effective Date: [Insert effective date]
Last Updated: [Insert last updated date]
Welcome to the website of Open Plains Media LLC (“Open Plains Media,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of www.openplainsmedia.com and any related pages, forms, content, and services made available through the website (collectively, the “Website”).
By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.
Open Plains Media is an advertising and marketing business that offers, or may offer, services including:
The Website is provided for general informational and business-inquiry purposes. It is intended to help prospective customers learn about our company, services, process, products, and frequently asked questions, and to allow interested businesses to request information or a consultation.
Information on the Website is not an offer to sell a particular advertising package, an agreement to provide services, or a guarantee of availability, pricing, placement, distribution area, response rate, sales results, customer traffic, or other outcome.
Submitting an inquiry, contact form, email, or other communication through the Website does not create a client relationship, advertising agreement, agency relationship, partnership, joint venture, or other contractual relationship between you and Open Plains Media.
A binding agreement for advertising or related services exists only when Open Plains Media and the applicable customer enter into a separate written agreement, proposal, insertion order, service agreement, invoice, or other document accepted by both parties.
Any such separate agreement will govern the applicable services, including scope of work, payment, deadlines, creative approvals, production specifications, distribution or placement details, cancellation terms, and any performance-related terms.
The Website may allow you to submit an inquiry by providing information such as your name, phone number, email address, business name, and a message describing your business, products, services, or advertising needs.
When submitting an inquiry, you represent and warrant that:
We may contact you using the phone number, email address, or other contact information you provide in order to respond to your inquiry, discuss potential services, provide requested information, or conduct reasonable business follow-up.
By providing your contact information through the Website, you authorize Open Plains Media to contact you regarding your inquiry and potential business relationship by phone, email, or other reasonable communication methods.
If you choose to receive promotional emails from us, you may opt out of future marketing emails by using the unsubscribe link included in the email or by contacting us at [insert business email address]. Opting out of marketing messages does not prevent us from sending non-promotional communications regarding an existing inquiry, service request, agreement, invoice, or business relationship.
If Open Plains Media later uses text-message marketing or automated calling systems, additional consent language and procedures may be required. Do not add such communications without updating these Terms, the Privacy Policy, and the applicable form language.
Advertising effectiveness depends on many factors outside Open Plains Media’s control, including offer quality, pricing, market conditions, customer demand, timing, competition, design approvals, distribution conditions, consumer behavior, business operations, and the customer’s ability to respond to leads.
Unless expressly stated in a separate written agreement signed or accepted by Open Plains Media:
If you become a customer and provide logos, images, text, trademarks, offers, coupons, business information, promotions, or other advertising materials (“Customer Materials”), you represent that you own or have obtained all necessary rights, licenses, permissions, and approvals to use those materials.
You are responsible for ensuring that Customer Materials and the advertised products, services, offers, claims, promotions, pricing, and business practices comply with all applicable laws, regulations, industry rules, and third-party rights.
Open Plains Media may decline, remove, suspend, or request changes to any advertising content that we reasonably believe is unlawful, misleading, deceptive, offensive, infringing, unsafe, technically unsuitable, inconsistent with a venue’s standards, or otherwise inappropriate for distribution or placement.
The Website and its contents—including text, photographs, graphics, logos, designs, layouts, videos, service descriptions, branding, trademarks, and other materials—are owned by or licensed to Open Plains Media and are protected by applicable intellectual-property laws.
You may view and use the Website for your personal or internal business purposes only. You may not, without our prior written permission:
“Open Plains Media” and related names, logos, and slogans may be trademarks or trade names of Open Plains Media LLC. All other trademarks belong to their respective owners.
You agree not to use the Website in a manner that:
We may restrict or terminate access to the Website if we reasonably believe that you have violated these Terms or applicable law.
The Website may contain links to third-party websites, services, social-media platforms, mapping tools, embedded content, or other external resources. These third parties operate independently of Open Plains Media.
We do not control, endorse, or assume responsibility for third-party websites, content, availability, privacy practices, policies, products, services, or transactions. Your use of third-party services is governed by the terms and privacy policies of those third parties.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN PLAINS MEDIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not warrant that the Website will be uninterrupted, error-free, secure, timely, complete, or free of harmful components, or that information on the Website will always be accurate or current.
TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN PLAINS MEDIA LLC, ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the fullest extent permitted by law, Open Plains Media’s total liability for claims arising out of or relating to the Website will not exceed $100.
Some jurisdictions do not allow certain limitations of liability. In that case, the limitations above apply only to the extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless Open Plains Media LLC and its owners, members, managers, employees, agents, contractors, affiliates, and service providers from and against claims, liabilities, damages, losses, costs, and expenses—including reasonable attorneys’ fees—arising from or related to:
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect personal information submitted through the Website. Please review the Privacy Policy below.
We may update these Terms from time to time. Changes become effective when we post the revised Terms on the Website and update the “Last Updated” date above.
Your continued use of the Website after revised Terms are posted means that you accept the updated Terms.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the Website will be brought exclusively in the state or federal courts located in or serving the county in Texas where Open Plains Media LLC maintains its principal place of business, unless applicable law requires otherwise. You consent to the personal jurisdiction and venue of those courts.
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
For questions about these Terms or the Website, contact:
Open Plains Media LLC