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Drawing Details

TERMS AND CONDITIONS

DISCLAMIER OF WARRANTIES & LIMITATION OF LIABILITY:
PUBLISHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE PUBLISHER BE RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ALL DIRECT AND INDIRECT LOST PROFITS, REGARDLESS OF WHETHER THOSE DAMAGES WERE FORESEEABLE.

PREPARATORY WORK: All preparatory work and other items submitted to the Publisher shall remain the exclusive property of the Publisher, unless otherwise agreed in advance and in writing. All requests for artwork on cd will result in an additional charge.

APPROVALS: All art must be proofread and approved by the Advertiser. The Publisher will not be held responsible for any mistakes in an ad that has been approved by the Advertiser.

COLOR: Because of the differences in equipment, paper, inks and other conditions pertaining to production, there may be reasonable variations in color between advertising copies submitted for print. These variations in the published advertisement shall be deemed acceptable.

PUBLICATION SCHEDULES: Every effort will be made to meet publication schedules established. However, the Publisher shall not incur any liability or penalty for delays due to state or war, riot civil disorder, fire, strikes, accidents, actions of Government or civil authority, paper availability, acts of God, or any other causes beyond the control of Publisher.

EARLY TERMINATION: Advertisers may cancel this Agreement prior to expiration of its term upon providing written notice to the Publisher at least thirty (30) days before the next publication deadline. Advertiser must receive written confirmation of receipt for cancellation to take place. In the event of an early termination, Advertiser will be short rated the difference between the contracted rate and the open one time rate for the term actually fulfilled. No exceptions will be made.

PAYMENT TERMS: The Advertiser agrees to pay the rates set forth in this contract for the duration of the contract. Payment in full is due upon receipt of invoice. Invoices not paid within 30 days from invoice date shall be considered late and subject to a FINANCE CHARGE of one and a half percent (1 ½ %) per month of the unpaid balance for an ANNUAL PERCENT RATE of 18 percent or the highest rate allowed by law, whichever is lower, beginning 30 days after invoice date. Advertiser agrees to reimburse Publisher for any and all losses and expenses incurred in the collection of any unpaid balance, including reasonable attorney’s fees and all associated litigation costs. Deposits are non refundable.

SUSPENSION OF PUBLICATION FOR NON-PAYMENT: Publisher reserves the right to cease the publication of advertisements upon a default in the payment of any installment due, as well as to invoice the advertiser in an amount equal to the difference between the rate shown on the agreement and the one time rate earned. The short rate is due and payable immediately upon receipt of such invoice.

LIABILITY LIMITATIONS: Wrong insertions, omissions, or errors shall not terminate the agreement. The Publisher’s responsibility for any error as a result of the Publisher’s own fault shall be limited to re-running the advertisement affected by the error. Errors as submitted in original copy supplied by Advertiser are not the Publisher’s responsibility. Notice of errors must be given in time for correction before additional insertions are made. Claims for error adjustments must be made by the Advertiser in writing within a period or thirty (30) days of error date. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission of full compliance with Publisher. In the event of non-publication of copy furnished, Publisher’s responsibility shall not exceed the amount the Publisher charged.

ADVERTISER WARRANTY, HOLD HARMLESS & INDEMNITY: Advertiser assumes responsibility for the content of all advertiser warrants that it is fully authorized to use and has secured the proper written consent for the use of all copy, display, text, photographs and publications. Advertiser further warrants that it is in compliance pertaining to any product, business and/ or service advertised (including, but not limited to, franchise and business opportunities laws). Advertiser warrants that advertisement copy is true, that it is not libelous or defamatory, that it violates no rights of privacy, and that it infringes no trademark, copyright, literary or other rights. Advertiser agrees to defend, indemnify and hold harmless The Publisher from any and all liability, loss, expense (including reasonable attorneys fees and all associated litigation costs) and/or claims of any nature based on or arising out of any advertisement, whether such claims are well-grounded or not.

ASSIGNMENT: Advertiser assigns to Publisher all property rights, including copyrights, to any advertisement designed by Publisher and produced for the advertiser. No such advertisement or any part thereof may be reproduced without the prior written consent of Publisher.

AMENDMENTS: This agreement constitutes the only agreement between the Advertiser and Publisher. No modification shall be binding on either party unless the same shall be in writing and signed by duly authorized representatives of both parties.

AUTHORITY: The Advertiser, and the person signing this agreement in Advertiser’s behalf, if any, warrants that he/she has authority to make this agreement and to bid the advertiser to all terms hereof.

BINDING EFFECT: This agreement is binding upon Advertiser and its successor, representatives.

LAW: This agreement shall be governed and construed in accordance with the laws of the State of Florida and the United States of America.

PLACEMENT: Ad placement location requests are not guaranteed unless contracted from herein.

REJECTION OF ADS: The Publisher reserves the right to deny or reject any advertisement for any reason.

CALENDAR: All calendar listings are courtesy of the Publisher and are not part of this agreement. Claims cannot be made against incorrect listings.