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As of May 2010

  1. All advertisements are accepted and published by the Publisher on the representation that the Advertiser and/or Advertising Agency are properly authorized to publish the entire contents and subject matter thereof and enter into this legal agreement on behalf of the Advertiser.
  2. All copy, text, and illustrations are subject to the Publisher's approval before execution of the order. Publisher reserves the right to reject or exclude copy which is unethical, misleading, extravagant, challenging, questionable in character, in bad taste, detrimental to Publisher's health or interest, otherwise inappropriate or incompatible with the character of the publication, or that does not meet with the approval of the Federal Trade Commission whether or not the same has already been accepted and/or published. In the events of such cancellation or rejection by the Publisher, the advertising already run shall be immediately due and payable at the rate provided for in the insertion order.
  3. Any request to change an ad must be written and signed by the Advertiser and/or Advertising Agency and received by Publisher no later than the closing date. Otherwise Publisher, in its sole discretion, may refuse to change the ad, in which case the Advertiser and Advertising Agency shall nevertheless be responsible for full payment according to the terms of the insertion order.
  4. When change of copy is not received by the closing date, copy run in previous issues will be inserted. If no copy has been received from Advertiser by the closing date, Advertiser will be billed in full for reserved space according to the terms of the insertion order. All advertising orders, set, and not used by the Advertiser will be charged for full balance of the contract.
  5. The word “advertorial” may be placed with copy which in the publisher's opinion resembles editorial matter.
  6. Publisher is not liable for delays in delivery and/or non-delivery in the event of Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal, labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond the control of publisher affecting production or delivery in any manner.
  7. The publisher assumes no liability for errors in the index to advertisers.
  8. In the event of errors in or omissions of any advertisements, including those caused by force majeure, Publisher's liability shall not exceed the value of the advertisement that ran in the publication. It is the policy of the Publisher to run a “make-good” advertisement in the next issue of the publication.
  9. In the event that advertising services are provided for good and/or services rendered instead of cash, the publisher's liability shall be limited solely to providing future advertising services. There shall be no cash liability in the case of advertising services provided in return for good and/or services rendered.
  10. When advertisements containing the names, pictures and/or testimonials of living persons are submitted for publication, the order or request for the publication thereof shall be deemed to be a representation by the Advertiser and/or Advertising Agency that they have obtained the written consent for the use in the advertisement of the name, picture, and/or testimonial of any living person which is contained therein. It is understood that the Advertiser and/or Advertising Agency will indemnify and hold the Publisher harmless from and against any loss, expense or other liability resulting from any claims or suits for libel, violation of rights of privacy, plagiarism, copyright infringement, and any other claims or suits that may arise out of the publication of such advertisement.
  11. The publisher assumes no responsibility for improper use of coupons forming part of an advertisement.
  12. Two or more advertisers are not permitted to use space under the same contract.
  13. Advertiser understands and agrees that all insertion orders are non-cancelable.
  14. Multiple issue orders will automatically renew under the same terms and frequency as the original order unless Publisher receives written notice of cancellation from Advertiser and/or Advertising Agency within 60 days of the closing of the next issue after the last issue of the original insertion.All Directory Listings will automatically renew under the same terms as are applicable at the time of renewal unless Publisher receives written notice of cancellation from Advertiser and/or Advertising Agency within 90 days of the renewal data.
  15. Orders for inside advertising containing restrictions or specifying positions, facing, editorial adjacencies or other requirements may be accepted and inserted but such restrictions and specifications are at the Publisher's sole discretion and do not represent material terms or conditions of the agreement.
  16. Orders specifying publication date are accepted subject to the right of the Publisher to determine actual publication date, and publication date is not considered a material term or condition of the agreement.
  17. The Publisher reserves the right to give better position than specified at no increase in rate.
  18. All charges for advertising are due upon insertion. Payments not received within 30 days of publication are subject to an interest charge of 1.5% per month. Said interest shall accrue immediately after publication.
  19. Advertising Agencies assume and agree to pay the charge for advertising published on behalf of their client(s). Upon an agency's written request, the Publisher will bill the Advertiser directly, but the Agency guarantees full payment. Publisher reserves the right to hold Advertiser and Advertising Agency jointly and severally liable for such monies as are due and payable to the Publisher.
  20. If Advertiser and/or Advertising Agency provides Publisher with credit or debit card information, the Advertiser and/or Advertising Agency authorizes Publisher to charge the card listed in their account at any time for any outstanding balances that become due pursuant to this agreement or any other agreements with Publisher until the Advertiser and/or Advertising Agency's account is paid in full.
  21. A contract may be cancelled by the Publisher if the Advertiser and/or Advertising Agency fails to pay accounts when due. If such cancellation for non-payment occurs, any frequency discounts previously granted by Publisher are void.
  22. If the Publisher finds it necessary to undertake legal action or to engage the services of an attorney or a collection agency to enforce this agreement, the Advertiser and/or its Advertising Agency agrees the costs of collection, court costs, and reasonable attorney fees shall be added to the outstanding balance of advertising fees and interest due.
  23. If Advertiser transmits an insertion order or any document to Publisher that includes any terms and/or conditions, those terms and/or conditions are void. Advertiser submits and agrees to Publisher's Terms and Conditions.
  24. All Event registrations are non-refundable.
  25. All Magazine Subscriptions will automatically renew under the same terms as are applicable at the time of renewal unless Publisher receives written notice of cancellation from Subscriber within 90 days of the renewal date.
  26. This agreement, including its validity, interpretation, performance, operation, and enforcement shall be governed by the laws of the State of North Carolina. Advertisers submit to the personal jurisdiction of the state and federal courts of the State of North Carolina for the resolution of any legal action arising out of this agreement and both Publisher and Advertiser agree that venue for any legal action shall be in the state and/or federal courts of North Carolina located in WakeCounty.
  27. In the event that any clause, sentence, term or provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, invalid or unenforceable for any reason, the remaining portion of this Agreement shall remain in full force and effect.
  28. These Terms and Conditions replace and supersede any prior agreements, understandings, or representations (whether 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 in writing signed by both Publisher and Advertiser and/or Advertising Agency.
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