Advertising Terms and Conditions

These Advertising Terms and Conditions apply to any advertising posted on the Understandingnano.com Web site (referred to as the "Web Site"), a web site owned by Hawk's Perch Technical Writing, LLC (referred to as "Web Site Owner").

1. Advertisement Positioning

The location of advertising on the Web Site will be specified in the Invoice or Advertising Agreement. The position of the Advertisement on the any specific page is at the discretion of the Web Site Owner unless a specific position has been agreed to in the Invoice or Advertising Agreement.

2. Payment

The Web Site Owner will provide the Client with an invoice, delivered by email, once the Advertisement has been posted on the Web Site. Client shall pay the amount due within 30 days of the date of the invoice. If the Client does not pay the amount due within that time period, the Web Site Owner may remove the Advertisement from the Web Site and charge a 5% late fee. All reasonable collection and legal actions to collect unpaid invoices may be pursued by the Web Site Owner.

3. Appropriateness of Advertising

The Web Site Owner reserves the right to determine if specific advertisements are appropriate for the Web Site and reject Advertisements at his discretion. The Web Site Owner may terminate the Advertisement at any time if the Web Site Owner believes that the Advertisement or the web site the Advertisement is linked to jeopardizes the reputation of the Web Site or places the Web Site Owner at legal risk. A prorated portion of the advertising fee will be returned to the Client in this event.

4. Termination of Agreement

The Web Site Owner may terminate this agreement at any time and for any reason with 30 days written notice. Any unused portion of the advertising fee that has been paid will be prorated and returned to the Client.

5. Warranty

Client warrants that it is the owner of any and all content, trade mark, brand name, logo, or copyright material incorporated in the Advertisement.

6. Limitation of Liability, Indemnification

Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance of the terms of this Agreement, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages. Client will indemnify and hold Web Site Owner harmless against any claims incurred by Web Site Owner arising out of or in conjunction with the placement or display of any Advertisement or Client's breach of this Agreement, as well as all reasonable costs, expenses and attorneys' fees incurred therein. Web Site Owner's total liability under this Agreement with respect to the Advertisements, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by Client to Web Site Owner.

6. Relation of Parties

The performance by Web Site Owner of its duties and obligations under this Agreement will be that of an independent contractor, and nothing in this Agreement will create or imply an agency relationship between Web Site Owner and Client, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties.

7. Non-assignment

Neither party will assign this Agreement, in whole or in part, without the prior written consent of the other party. This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein.

8. Arbitration

Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this Agreement will be governed by and construed and interpreted in accordance with the laws of the State of Washington. The arbitration will be held in the State of Washington. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.

9. Attorneys' Fees

If any litigation or arbitration is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs.