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terms & conditions entrePreneUr 2013
Submission of any print or online advertising constitutes acceptance of the
following Terms and Conditions:
1. TERMS OF PAYMENT. Prepayment is due by the Advertising Space Deadline.
Payment under approved credit is due by the 30th day from the date of
invoice. Interest accrues on all past-due accounts at the rate of 1-1/2% per
month or as allowed under applicable law, whichever is greater.
2. DEADLINE FOR SUBMITTING ADS. Ad copy and signed advertising contract
must be RECEIVED by Publisher no later than the applicable Advertising Space
Deadline. Otherwise Publisher, in its sole discretion and without liability, may
refuse to run a submitted ad and may cancel the applicable contract.
3. DEADLINE FOR CHANGE OR CANCELLATION BY ADVERTISER OR AGENCY. Any
request to change or cancel an ad must be written and signed by Advertiser
or Agency and RECEIVED by Publisher no later than the applicable Advertising
Space Deadline. Otherwise Publisher, in its sole discretion and without
liability, may refuse to change or cancel the ad, in which case Advertiser and
Agency shall nevertheless be responsible for full payment of net cost and for
performing all terms and conditions of the applicable contract.
4. PUBLISHER’ S DISCRETION. Publisher may, at any time and without
liability: (a) Cancel or reject any ad, even if previously accepted by Publisher,
if Publisher, in its sole discretion, considers its form or content or links to
other web sites (for online ads) to be misleading, in bad taste, adverse to
public interest, in violation of applicable law, or otherwise inappropriate for
the character of the publication or web site in which it is to be displayed; (b)
Place the word “advertisement” with any ad copy, which, in Publisher’s sole
discretion, resembles editorial material; (c) In its sole discretion, determine
ad location and/or position in the publication or web site, if, after using best
efforts, Publisher cannot place ad in exact location/position specified in the
applicable contract; (d) Refuse to publish future ads, if Advertiser or Agency
has failed to pay an advertising account when due, has paid with a bounced
check or other uncollectible funds, or has otherwise breached the terms and
conditions of any ad contract or other agreement with Publisher.
5. LOSS OF EARNED FREQUENCY DISCOUNTS. Cancellation of an ad by
Advertiser or Agency for any reason or by Publisher for any of the reasons set
forth in these Terms and Conditions may result in an adjustment and resulting
increase in the ad fee rate charged hereunder, based on the actual frequency
discount rate earned rather than the greater frequency discount rate billed
under the applicable ad contract.
6. LIMITATION OF LIABILITY. Except for refund of monies paid for an ad,
Publisher shall not be liable to Advertiser or Agency in the event it fails to
publish an ad or the ad contains errors attributable to Publisher. For online
ads, Publisher shall not be liable to Advertiser or Agency for failure to deliver
guaranteed impressions within the contract term, but shall continue to
run that advertising until the impressions have been delivered. UNDER NO
CIRCUMSTANCES SHALL PUBLISHER BE LIABLE TO ADVERTISER OR AGENCY
FOR INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS OR
LOSS OF GOODWILL, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON
WHICH ANY SUCH CLAIM MAY BE BASED.
UPDATED: 10/12
New York
8 West 38th Street, Suite 1103
New York, New York 10018
1-800-707-5622
212/563-8080
Fax: 212/563-3852
Detroit
121 W. Long Lake Road
Suite 150
Bloomfield Hills, Michigan 48304
248/644-2786
Fax: 248/258-5492
7. EXCUSED PERFORMANCE. Publisher shall not be liable to Advertiser or
Agency for any delays in the production or distribution of the publication or
web site in which an ad is to be displayed, if caused in whole or part by acts
of God, governmental or quasi-governmental entities, fires, floods, labor or
material shortages, transportation interruption of any kind, systems or other
technological failures affecting Publisher’s web site, or any other event beyond
its reasonable control.
8. WARRANTY AND INDEMNIFICATION. Advertiser and Agency warrant and
represent (a) that any ad submitted does not violate applicable law, including
the civil and property rights of any third party, and (b) that Advertiser and
Agency are authorized to publish same. Advertiser and Agency agree to jointly
and severally indemnify, hold harmless and defend at their sole cost Publisher
from any liability, loss or expense (including court costs and attorneys’
fees), arising out of any breach of the aforementioned warranties and
representations, including but not limited to any third-party claim or lawsuit
for libel, plagiarism, copyright or trademark infringement, invasion
of privacy or any other claim based on the content and/or form of
the advertisement.
9. ADVERTISER/AGENCY LIABILITY. Publisher may rely on the acts and
representations of Agency as the acts and representations of, and binding
on, Advertiser. Any Agency submitting an ad contract agrees to be jointly and
severally liable with Advertiser for all resulting ad fees and production charges
due Publisher, regardless of whether Advertiser has first paid Agency for those
fees/charges and regardless of whether Publisher has first tried to collect
those fees/charges from Advertiser without success.
10. COLLECTION AND LITIGATION COSTS. Advertiser and Agency shall
be jointly and severally liable to Publisher for any and all costs incurred by
Publisher in attempting to collect past-due ad fees and production charges,
including without limitation contingency fees paid collection agencies and/or
attorneys, reasonable attorney fees, court costs and other litigation expenses.
11. APPLICABLE LAW AND VENUE. By placing advertising with Publisher,
Advertiser and Agency agree to be bound by these Terms and Conditions,
which shall be governed and interpreted solely in accordance with the
substantive law of the State of California (without regard to that State’s
conflict of laws) and the Federal laws of the United States (if applicable).
Advertiser and Agency further agree that any dispute or claim concerning
advertising submitted hereunder shall be exclusively litigated in a court having
competent jurisdiction in Orange County, California, which Advertiser and
Agency agree shall have personal jurisdiction over them.
12. ENTIRE AGREEMENT. These Terms and Conditions replace and supersede
any prior agreements, understandings, or representations (oral or written)
made by or between the parties and concerning this subject matter. These
Terms and Conditions may not be amended or waived except inwriting signed
by both Publisher and Advertiser or Agency.
advertising sales offices
Ryan Shea
President/Corporate Publisher
Justin Koenigsberger
Associate Publisher
Lisa Murray
VP/Marketing
Paul Fishback
Advertising Production Manager
Chicago
432 North Clark Street
Suite 304
Chicago, Illinois 60654
312/923-0818
Fax: 312/923-0817
Irvine
2445 McCabe Way
Suite 400
Irvine, California 92614
1-800-864-6864
949/261-2325
Fax: 949/752-1180
San Francisco
115 Sansome Street,
Suite 888
San Francisco, CA 94104
415/433-0441
Fax: 415/433-0442
Atlanta
4350 Quail Ridge Way
Norcross, GA 30092
770/209-9858
Fax: 770/209-9881