1. Overview

This Universal Terms of Service Agreement (this “Agreement”) is between Now Advertising Media LLC, an Oregon limited liability company with its mailing address at 106 NW F St, #424, Grants Pass, Oregon 97526 (“Now Advertising Media,” “we,” “us” or “our”), and you. It takes effect on the date you first use nowadmedia.com (the “Site”) or accept it electronically.

This Agreement governs your use of the Site and the products and services you purchase or access through it (the “Services”). Additional agreements and policies apply to certain Services in addition to this Agreement, including the Now Advertising Media Advertising Contract, the Circuit Bender End User License Agreement (for our software, at https://nowadmedia.com/circuit-bender-license-agreement/), the Refund and Returns Policy and the Privacy Policy. If a Services agreement conflicts with this Agreement, the Services agreement controls for that Service.

“You,” “your,” “User” and “customer” mean any individual or entity that accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement gives rights or benefits to any third party.

2. Modification of Agreement, Site or Services

We may change this Agreement, and any policy incorporated into it, at any time. Changes take effect when posted to the Site. We may also notify you of changes by email, so keep your account email address current. We are not responsible if you do not receive a notice because your email address is inaccurate.

If you keep using the Site or Services after a change, you accept the Agreement as revised. If you do not agree, stop using the Site and Services. We may modify or discontinue any aspect of the Site or Services, including prices and fees, at any time. For a Service you have already bought for a set period, a price change takes effect when that Service comes up for renewal. If we make a material change to the terms of a subscription that renews automatically, we will give you clear notice of the change and how to cancel before it applies to you.

3. Eligibility; Authority

The Site and Services are available only to individuals and entities that can form legally binding contracts under applicable law. By using them, you represent that you are at least 18 years old, are able to form a binding contract, and are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.

If you accept this Agreement for a business or other entity, you represent that you have authority to bind it, and “you” then includes that entity. If we later learn you did not have that authority, you are personally responsible for the obligations in this Agreement, including payment. You are bound by transactions entered into by anyone acting as your agent or using your account, whether or not you authorized them.

4. Your Account

Some features and Services require an account. You represent that all information you give when you create your account is accurate, current and complete, and you agree to keep it that way. We may suspend or terminate an account if we reasonably believe its information is untrue, inaccurate or out of date.

You are responsible for all activity on your account and for keeping your login, password and payment methods secure. We recommend changing your password at least every six months. Notify us immediately of any security breach or unauthorized use. We are not liable for losses from unauthorized use of your account, but you may be liable for losses we or others incur because of it.

5. General Rules of Conduct

You agree that:

• Your use of the Site and Services, including anything you submit, will comply with this Agreement, any applicable Services agreement, and all applicable local, state, national and international laws.
• You will not collect or harvest, or let anyone else collect or harvest, any User Content or any non-public personal information about another person without their express prior written consent.
• You will not use the Site or Services in a way that we reasonably determine:

– is illegal, or promotes or encourages illegal activity;

– promotes or engages in the exploitation of children, including child sexual abuse material;

– promotes or engages in terrorism or violence against people, animals or property;

– involves spam or unsolicited bulk messages, or hacking or cracking of any computer or network;

– violates laws on online pharmacies or prescription drugs, or on sex trafficking;

– infringes the intellectual property, privacy or publicity rights of any person, or breaches a duty of confidentiality;

– interferes with the Site or Services, or places an unreasonable or disproportionately large load on our infrastructure;

– contains or installs viruses, worms, Trojan horses or other harmful code;

– contains false or deceptive language, or unsubstantiated or comparative claims, about Now Advertising Media or its Services; or

– is false, abusive or fraudulent.

• You will not copy or distribute any part of the Site or Services except as we expressly authorize, modify or alter them, access Now Advertising Media Content or User Content by any means other than the Site, or circumvent or disable any security feature.
• You will back up your User Content. We do not warrant that we back up any account or User Content, and you accept the risk of its loss.
• You will not resell the Services, or provide them or our related technology to others for a commercial purpose, and will not use our name, marks or systems to offer similar services, except under a written agreement signed by an authorized officer of Now Advertising Media.
• You will provide government-issued photo identification or business identification for verification when we reasonably request it.
• We may call you about your account, and where the law allows we may record those calls. We will send marketing calls or text messages only if you separately opt in, and you can opt out at any time by replying STOP or contacting us. Consent to marketing is not a condition of buying anything. Message and data rates may apply.
• We may deny, cancel, suspend or limit access to the Site or any Service for a User whose account was previously terminated or suspended, who engages in unlawful or inappropriate activity, or whose purchases or account activity show signs of fraud or abuse. If we determine in good faith that activity is fraudulent, we may take legal action and you may be liable for our losses, including litigation costs and damages. To contest a cancellation or account closure, contact us.

6. Protection of Your Data

Some Services involve personally identifiable information about you and your own customers (“Your Data”). We handle Your Data as described in our Privacy Policy, published at nowadmedia.com/privacy-policy. You are responsible for having the rights and consents needed to give us Your Data. Your Data does not include User Content.

7. User Content

“User Content” means anything you post, publish, share, store or submit through the Site or Services, including text, photos, video, logos and other creative material, as well as forum posts, contest entries, reviews and similar submissions (“User Submissions”). By submitting User Content you represent that you have all rights needed to distribute it, either as its author or through written permission from its owner, and that it does not violate any third party’s rights. You are solely responsible for your User Content and for the consequences of distributing it.

User Submissions are voluntary and do not create a confidential relationship. We have no obligation to use them or to pay for them, and we may be working on similar content or already know of it from other sources.

You give us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform your User Content in connection with the Site, the Services and our business, including to promote the Site and our Services. We will not use User Content you designate “private” or “password protected” to promote our business. This license ends within a commercially reasonable time after you remove your User Content from the Site, except for copies already incorporated into finished work delivered to others and server backup copies we keep but do not display or distribute. You keep ownership of your User Content and of any website or other content we host for you. Music and other material you make with our software is not User Content unless you submit it to us; it is covered by Section 9A.

8. Availability of Website and Services

We will use commercially reasonable efforts to keep the Site and Services available 24 hours a day, 7 days a week. The Site may be unavailable from time to time because of equipment malfunctions, maintenance, repairs, or causes beyond our reasonable control such as telecommunications failures, network attacks or congestion. We do not control continuous availability and are not liable to you or anyone else for interruptions.

9. Advertising Services; Local Rotation and Monitor Programs

Advertising Contract. Buying advertising or other media services from Now Advertising Media means you accept this Agreement and the Now Advertising Media Advertising Contract. The media purchaser must sign the Advertising Contract before we begin work. If it is not signed, we will issue any refund that is owed under the Refund and Returns Policy.

Product pages. The description, price and terms on each product page in our Shop are part of this Agreement for that Service.

Ad content and acceptance. We create or receive each ad spot and get your acceptance of it before we run it. We may refuse or remove any ad that violates this Agreement or the law. Ads must be relevant to the local rotation or location where they run, and we may limit participation, including by large national advertisers, in a local rotation.

Graphics. Graphics we create for you belong to you once they are made and any fee for them is paid, and you may use them for any other purpose. This applies whether you buy them separately, buy them to run in an ad rotation, or receive them included with a subscription, such as the free spot that comes with Local Rotation Host. We may show finished work in our portfolio unless you ask us not to.

Local Rotation and Digital Menu. A local rotation is a group of ads that plays on monitors in participating businesses in a city. A “host” is a business that keeps a monitor on and showing its local rotation during business hours; host pricing is the pricing posted on the Local Rotation Host product page. Content plays through an Android TV box or Google TV device connected to any television or monitor with an HDMI input. Hosts and Digital Menu customers supply the display. We sell Android TV boxes, and customers may instead set up their own compatible device by following our provisioning instructions. The cost of the display, box or device, installation, power and internet service are not part of a subscription unless the product page says so. We load content to your display remotely.

Venue revenue sharing. Any arrangement in which a venue receives a share of spot revenue (an “Advertising Destination”) is set out in a separate written agreement signed by both parties.

No guaranteed results. Views, traffic and sales depend on factors we do not control, including the host’s equipment, power and internet connection. We do not guarantee any result from any advertising.

9A. Software and Downloads

License agreement. Software we sell or offer as a trial through the Shop, including Circuit Bender, its plugins and Fried (the “Software”), is licensed to you, not sold, under the Circuit Bender End User License Agreement (the “EULA”), which you accept when you install, activate or use it. The EULA is published at https://nowadmedia.com/circuit-bender-license-agreement/ and shown again when you install the Software. For the Software, the EULA controls if it conflicts with this Agreement.

Account and downloads. An account is required to buy or try the Software. Your downloads and license keys are kept in your account. Keep a copy of the installer you download; we do not promise that older versions will stay available for download.

Your music. Music, recordings and other material you make with the Software belong to you, as the EULA describes. Section 14 does not limit your use of them, or of the Software as the EULA allows. Commercial use of the sound files the software creates is permitted. The sound files the software creates are yours and may be used as you see fit. The software remains the property of Now Advertising Media LLC. The file format and software are proprietary and remains the property of Now Advertising Media LLC.

Licenses and activation. The Software is activated with a license key and checks its license with our server as described in the EULA. A license covers the number of computers stated in the EULA and may not be shared, resold or transferred.

Trials. Free trials are for evaluation, once per computer, for the period stated in the EULA, and come with no warranty or support obligation.

Refunds. Software refunds are governed by the EULA. A refunded license stops working on every computer at its next license check.

Discontinuing the Software. Section 12 does not end a perpetual license you have paid for. If we stop selling or updating the Software, the version you bought keeps working under the EULA.

10. Fees, Payments, Subscriptions and Renewal

Payment. You agree to pay all amounts for Services when you order them. Amounts are non-refundable except as stated on the Site, in the Refund and Returns Policy or, for Software, in the EULA.

Price changes. We may change prices and fees at any time. Changes are posted on the Site and apply to new orders immediately. For a subscription or Service you bought for a set period, a change takes effect when it renews.

Payment methods. You may pay by valid credit or debit card or by another method we offer. Payments are processed by Stripe, and by paying you also agree to Stripe’s applicable terms. You agree to keep a valid payment method on file while you have active Services.

Monthly billing date. If you are billed monthly, your billing date is the day of the month you bought the Service. If that day is after the 28th, your billing date is the 28th.

Subscriptions and automatic renewal. Monthly subscriptions renew automatically each month at the then-current price until you cancel. We will clearly disclose the renewal terms, the recurring charge, the renewal period and how to cancel before you buy, will get your affirmative consent to the automatic renewal before we charge you, and will send an acknowledgment with the renewal terms and cancellation instructions that you can keep. You may cancel at any time through your account or by emailing support@nowadmedia.com. Cancellation takes effect at the end of your current billing period. Services sold with a minimum term, a sign-up fee or different renewal terms are governed by the terms on their product page or in the Advertising Contract.

Failed payments and chargebacks. If we cannot charge your payment method for the full amount owed, or we receive a chargeback or payment dispute, we may suspend or cancel the affected Services and pursue all lawful remedies to collect. We may charge reasonable administrative fees for work outside the normal scope of the Services, for extra time or cost we incur, or for your noncompliance with this Agreement.

Refunds. Refunds go to your original payment method. Your card issuer or bank sets how long a refund takes to post. If your payment method cannot accept a refund, we may issue it as in-store credit or by check to the mailing address on file.

In-store credit. Credit we issue may be used only for Services in the account that received it. It is not transferable and earns no interest. Credit you paid for, and credit issued in place of a refund, does not expire. Free promotional credit that we give you without payment expires one year after we issue it, and we will tell you the expiration date when we issue it. We will handle any unused paid credit balance as Oregon unclaimed-property law requires. If we terminate your account for violating this Agreement, we may apply any remaining credit to amounts you owe us, and any remaining promotional credit is forfeited.

Payouts. If we owe you money, such as an affiliate commission or a revenue share, we will pay it to the payee you set up in your account, under the terms of the agreement that creates the obligation. If a payout fails or is reversed, we may deduct our resulting costs from amounts we owe you.

11. Monitoring of Content; Account Termination

We generally do not pre-screen User Content, but we may review it and decide whether it complies with this Agreement. We may remove any User Content, and suspend or end your access to the Site or Services, if you post material that violates this Agreement or you otherwise violate it, at any time and without prior notice. We may also end access for a User we reasonably believe is a repeat offender. If we end your access, we may delete data and files you stored on our servers, so keep your own backups.

12. Discontinued Services; End of Life

We may stop offering any Service, or any feature of a Service, at any time. When we plan to end a Service or feature, we will try to notify you at least thirty days before the end-of-life date. You are responsible for replacing the Service or ceasing to rely on it before that date. We will offer a comparable Service for the rest of your paid term, a prorated in-store credit, or a prorated refund, as we determine. We may migrate you to the most current version of a Service, with or without notice.

If a Service keeps reasonably equivalent functionality without a discontinued feature, we do not have to offer a replacement feature or a refund. To the extent the law allows, we are not liable to you or any third party for modifying, suspending or discontinuing a Service or feature. Perpetual Software licenses are covered by Section 9A.

13. Beta Services

We may offer pre-release versions of new Services or features (“Beta Services”). If you choose to use them: they may not work properly and may expose you to operational failures; they are provided “as is,” “as available” and “with all faults,” and we do not recommend using them in production or mission-critical settings; we may change or discontinue them at any time and may limit support for them; we may collect analytics about how you use them; and you agree to give prompt feedback and to keep non-public information about the Beta Services confidential. We may use your feedback for any purpose, including product development and, with your consent, in marketing materials, and we own any intellectual property in feedback arising from your use of Beta Services. To the fullest extent the law allows, we disclaim all warranties for Beta Services.

14. Now Advertising Media Content

Except for User Content, the content of the Site and Services, including text, software, scripts, source code, graphics, photos, sounds, music, videos, interactive features, and the names, logos and marks of Now Advertising Media (“Now Advertising Media Content”), is owned by or licensed to us and protected by copyright, trademark and other law, whether or not any mark is registered. It is provided “as is” for your information and personal, non-commercial use only. You may not download, copy, reproduce, distribute, transmit, display, sell, license or otherwise exploit it without our prior written consent. This Agreement grants you no license or ownership in any of it, and we reserve all rights not expressly granted. Software we license to you under the EULA may be used as the EULA allows, including commercially.

15. No Spam

We do not tolerate spam. We define spam as unsolicited commercial or bulk email, text or SMS messages, faxes, forum or chat postings, or similar messages sent without the recipient’s prior confirmed consent. You must follow all applicable laws, including the CAN-SPAM Act and the Telephone Consumer Protection Act, and commercial messages may be sent only to recipients who have opted in. Each must include a legitimate return address, the sender’s physical address and an opt-out method. On request you must give proof of opt-in.

If we determine that an account or Service is being used for spam, we may immediately suspend or terminate the account, block or remove its ability to send messages or publish content through our Services, and remove related content, without notice and without refund. We may refuse to reopen the account.

16. Trademark and Copyright Claims

We respect intellectual property. To report an infringement, email support@nowadmedia.com with: your name and contact information; a description of the work you say is infringed, with proof of your rights; the location on the Site of the material you say infringes; a statement that you have a good-faith belief the use is unauthorized; and a statement, under penalty of perjury, that your notice is accurate and that you own or are authorized to act for the owner. We may remove material and end the access of repeat infringers.

17. Links to Third-Party Websites

The Site and Services may link to websites we do not own or control. We are not responsible for their content, terms, privacy policies or practices, and we do not edit or censor them. By using the Site or Services you release Now Advertising Media from liability arising from your use of any third-party website. Review the terms and policies of each site you visit.

18. Disclaimer of Representations and Warranties

YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT THEY ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT THE LAW ALLOWS, NOW ADVERTISING MEDIA LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY, COMPLETENESS OR CONTENT OF THE SITE, ANY LINKED SITE, OR THE SERVICES.

AUTO-GENERATED OUTPUTS, INCLUDING TEXT, LOGOS, NAMES, SLOGANS AND IMAGES, HAVE NOT BEEN REVIEWED FOR ACCURACY OR INTELLECTUAL PROPERTY CLEARANCE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THEY ARE ACCURATE, RELIABLE OR NON-INFRINGING. SEEK INDEPENDENT PROFESSIONAL LEGAL ADVICE BEFORE RELYING ON ANY AUTO-GENERATED OUTPUT.

NO ORAL OR WRITTEN INFORMATION OR ADVICE FROM US OR OUR REPRESENTATIVES IS LEGAL OR FINANCIAL ADVICE OR CREATES A WARRANTY, AND YOU SHOULD NOT RELY ON IT AS SUCH. THIS DISCLAIMER SURVIVES TERMINATION OF THIS AGREEMENT.

19. Limitation of Liability

TO THE FULLEST EXTENT THE LAW ALLOWS, NOW ADVERTISING MEDIA LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD-PARTY SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM: THE ACCURACY OR CONTENT OF THE SITE OR ANY LINKED SITE; THE SERVICES; THIRD-PARTY CONDUCT; UNAUTHORIZED ACCESS TO OUR SERVERS OR DATA; INTERRUPTION OR CESSATION OF SERVICES; VIRUSES OR HARMFUL CODE; USER CONTENT; ANY LOSS FROM YOUR USE OF THE SITE OR SERVICES; OR AUTO-GENERATED OUTPUTS. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY, AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THE DAMAGES.

OUR TOTAL AGGREGATE LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES TERMINATION OF THIS AGREEMENT.

20. Indemnity

You agree to defend, indemnify and hold harmless Now Advertising Media LLC and its members, managers, officers, employees, agents and third-party service providers from all claims, demands, costs, expenses, losses, liabilities and damages, including reasonable attorneys’ fees, arising directly or indirectly from: your use of the Site or Services; your violation of this Agreement or any policy or agreement incorporated into it; or your violation of any third party’s rights, including intellectual property rights. This obligation survives termination of this Agreement.

21. Governing Law and Venue

This Agreement, and every Dispute (defined in Section 22), is governed by the laws of the State of Oregon, without regard to its conflict-of-laws rules.

Every Dispute must be filed only in the Circuit Court of the State of Oregon for Josephine County or, where federal jurisdiction exists, the United States District Court for the District of Oregon. Each party irrevocably consents to the exclusive jurisdiction and venue of those courts and waives any objection to them as an inconvenient forum.

22. Disputes; Notice and Informal Resolution

Disputes. “Dispute” means any dispute, claim or action between you and Now Advertising Media arising under or relating to the Services, the Site, this Agreement or any other transaction between us, whether based on contract, warranty, misrepresentation, fraud, tort, statute, regulation or any other legal or equitable theory, interpreted as broadly as the law allows. All Disputes are resolved in the courts named in Section 21. This Agreement does not require arbitration.

Dispute Notice. Before filing a lawsuit about a Dispute, the party with the Dispute must send the other a written notice stating its name, address and contact information, the facts giving rise to the Dispute, and the relief requested. Send notices to Now Advertising Media at: Now Advertising Media LLC, 106 NW F St, #424, Grants Pass, Oregon 97526, Attn: Legal Department, with a copy to support@nowadmedia.com. We will send notices to you by certified mail to the most recent address in our records. If we do not resolve the Dispute within sixty (60) days after the notice is received, either of us may file suit. Each of us will act in good faith to try to resolve the Dispute first. Either of us may ask a court for an injunction without first giving notice where needed to prevent irreparable harm, including to protect intellectual property or stop spam.

Individual claims. Each of us may bring Disputes only in an individual capacity, and not as a plaintiff or class member in any class, representative or private-attorney-general proceeding.

23. Compliance with Local Laws; U.S. Export Laws

We make no representation that the Site or Services are appropriate in every country or jurisdiction, and access from places where their content is illegal is prohibited. You are responsible for complying with all local laws that apply to you.

The Site and Services are subject to U.S. export laws and regulations, including those of the Department of Commerce, the Treasury Department’s Office of Foreign Assets Control and the State Department. You may not use the Services to collect, store or transmit technical data controlled under those laws, or export or re-export the Services in violation of them. You represent that you are not located in, a resident of, or controlled by a restricted country, and that you are not on any U.S. denied-parties list.

24. General

This Agreement, together with the policies and Services agreements it incorporates, is the entire agreement between us about the Site and Services. It binds and benefits the parties and their successors and assigns. It gives no rights to any third party. Headings are for convenience only and do not affect interpretation. Each covenant is separate and independent. If a court of competent jurisdiction holds any provision invalid or unenforceable, the rest stays in effect to the fullest extent the law allows. This Agreement is written in English, and the English version controls over any translation to the extent the law allows.

25. Contact Information

For questions about this Agreement, contact us by email or regular mail:

Now Advertising Media LLC

106 NW F St, #424

Grants Pass, Oregon 97526

541-787-7529

support@nowadmedia.com

Last revised: 10/24/2026