Terms and Conditions
©2019 REM Publishing Group, LLC
All rights reserved. Reproduction or use of content in any manner without written permission by the publisher is strictly prohibited. Opinions expressed in signed columns and articles do not necessarily reflect the views of the publisher. Publisher assumes no liability for any damages or loss of any kind that might arise from the use, misuse or inability to use the materials or information contained in this publication. All material and information appearing in this publication is distributed and transmitted ‘as is,’ without warranties of any kind, either express or implied, and is subject to the terms and conditions stated in this disclaimer.
Advertising Terms and Conditions
Rates All advertising rates published are considered net rates. No discounts will be offered for commission purposes; all commissions are handled between advertiser and agency.
Cancellations Neither the advertiser nor its agency may cancel after the closing date. No cancellations, changes, or insertion orders will be accepted by Publisher after the closing date. Orders for covers and inserts may not be canceled less than 30 days preceding the closing date. If by closing date Publisher has not received content that, in its sole discretion is deemed acceptable for publication, Publisher may either repeat the advertiser’s most recent published advertisement or publish nothing, but charge the advertiser and agency for any space reserved by them.
Contract Year Advertising must be inserted within one year of first insertion in order to earn a frequency discount. An advertiser who does not complete a committed schedule will be subject to a short rate. Credits earned by increasing frequency during a contract year are applied toward future billing for space. No cash rebates.
Agency All advertisements are published for benefit of the agency and the advertiser, and each of them is jointly and severally liable for all charges.
Credit Payment is due in advance unless credit is approved by Publisher.
Billing Date (publication date) Payment is due at Publisher’s office in Scottsdale, AZ, within 15 days of date of invoice.
Past Due Accounts not paid in full within 15 days of date of invoice shall incur a late charge of 1% per month from the due date until paid in full. Once an account is deemed past due, Publisher has the right to contact agency and/or advertiser (manufacture) for collections.
Collection In the event advertiser and/or agency defaults in payment of bills, such bills will be turned over for collection. In this event, advertiser and/or agency shall be totally liable for all fees and sums charged by the collection agency and/or attorney. If any suit or other judicial proceeding is instituted or had thereon or if collected through probate or bankruptcy proceeding, advertiser and/or agency shall be totally liable for all attorney fees and court costs incurred by Publisher in the collection of said bills.
GENERAL ADVERTISING INFORMATION
1. Publisher will accept requests to make changes at its discretion but is not responsible for any errors in key numbers or other revisions made by Publisher.
2. All advertisements are accepted and published by Publisher upon the representation that the agency and advertiser are authorized to publish the entire contents and subject matter thereof. When advertisements containing the names, pictures, and/or testimonials of 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 such person or the consent of his administrator, executor, heirs, or assigns.
3. In consideration of Publisher’s acceptance of any advertisement for publication, the agency and advertiser shall, jointly and severally, indemnify and save Publisher harmless from and against any loss or expense including, without limitation, reasonable attorney fees resulting from claims or suits based upon the contents or subject matter of such advertisements including, without limitation, claims or suits for libel, violation of right of privacy, plagiarism, and copyright infringement.
4. Publisher shall not be liable for failure to publish or distribute all or any part of any issue because of labor disputes, accidents, fires, acts of God, or any other circumstances beyond Publisher’s control. Further, Publisher shall not be liable for any damages, including consequential damages, if for any reason it fails to publish an advertisement. Publisher’s liability, regardless of the form of action, shall not exceed the total amount paid by the advertiser for the advertising in question.
5. All orders are subject to Publisher’s acceptance at Scottsdale, AZ. Publisher reserves the right to reject or cancel any advertising for any reason at any time including, but not limited to, any advertisement that, in the opinion of the Publisher, does not conform to the editorial or graphic standards of the publication.
6. All advertisements must be clearly and prominently identified by a trademark and/or signature of the advertiser. The word “Advertisement” shall be printed at either the top or the bottom of advertisements that, in the opinion of Publisher, might be confused with editorial pages.
7. Advertising agency and advertiser assume and agree to pay the charges for advertising published at their direction. Bills shall be sent, at Publisher’s option, to the agency or advertiser.
8. Publisher reserves the right to cancel the contract at any time upon default by agency and/or advertiser in the payment of bills. In the event of such cancellation, charges for all advertising placed by advertiser and/or its agency shall become immediately due and payable. Furthermore, if there has been any default in the payment of a prior bill or, if in the sole judgment of Publisher, agency’s credit becomes impaired, Publisher shall have the right to require payment for further advertising under this contract upon such terms as Publisher may see fit.
9. Advertising agencies and advertisers seeking copyright protection must include their copyright notice in their advertisements.
10. Jurisdiction and venue for any litigation ensuing from advertising placed in inPAINT shall properly lie in Scottsdale, AZ.