These terms are subject to the terms and conditions set forth on the Company’s printed schedule of advertising rates, and applies to all advertisements placed in the West End News, whether in print or online.
TERMS: Due upon receipt. Accounts not paid within 30 days are subject to a 1.5% monthly finance fee.
CONTENT SUBMISSION: The Advertiser shall furnish all advertising materials (“Content”) to Company in conformity with the reasonable deadlines established by the Company, as set forth in Exhibit A. Advertiser’s failure to submit all Content in a timely manner is a material breach of this Agreement.
ADVERTISER’S DUTIES: If Advertiser fails to submit Content for publication to the Company in accordance with this Agreement, the Advertiser shall not be entitled to a refund of any monies paid to Company under this Agreement. If Advertiser is in arrears in payment, the Company, in its sole discretion, may terminate this Agreement and demand payment in full in accordance with this Agreement.
RATE INCREASES: The Company reserves the right to adjust advertising rates upon thirty (30) day’s written notice. If the Company increases its rates, Advertisers shall have the right to cancel this Agreement, in writing, within seven (7) days of receiving Company’s notice of a rate increase. In the event this Agreement is terminated, Advertiser shall submit payment for the Content already published by the Company at the rate prescribed in this Agreement.
LIMITATION OF LIABILITY: Advertiser hereby agrees that, to the fullest extent permitted by law, Company’s total liability for any claim, breach or damage by reason of any act or omission, including breach of contract or negligence, shall be limited to the amount paid to Company by Advertiser under this Agreement. Company shall not be liable for slight changes or typographical errors in the published advertisement. No party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), Government restrictions (including the denial or cancellation of any export or other necessary license), strike, protest, public assembly, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
INDEMNIFICATION: The Advertiser warrants and represents that it owns outright or has explicit license to use for the intended purpose all content, whether copy, imagery, or otherwise, it submits to Company to be placed in an advertisement under this Agreement. Advertiser hereby agrees to defend and indemnify the Company against any and all liability, loss or expenses arising from any legal claims, including but not limited to, libel, unfair competition, unfair trade practices, infringement of intellectual property or proprietary rights, or violation of rights of privacy resulting from the publication of the Advertiser’s content.
CONTROLLING LAW: The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the state of Maine, and the parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive jurisdiction and venue of the state and federal courts located Cumberland County, Maine.
Thank you for advertising with the West End News.