TERMS AND CONDITIONS
1. Publisher reserves the right to revise its advertising rates at any time upon thirty (30) days notice in
writing. Advertiser may cancel this agreement without charge on the date higher rates become effective,
provided written notice of cancellation is given to publisher before said date.
2. Publisher reserves the right to refuse or revise any and all copy or preprint for any reason. When, in the
opinion of Publisher, any advertisement resembles (911 community) news matter, such advertisement shall be plainly
designated by the word "advertisement."
3. Page, section and position of all advertisements shall be at Publisher's option. Any provision in an advertising
order purporting to require a particular page or position will not be binding on Publisher, but shall be treated as a
request only. In no event will adjustments, reruns, or refunds be made because of the page, section, or position in
which an advertisement has been published.
4. Advertiser is responsible for checking advertising copy for corrections and providing Publisher with prompt
written notice of errors or changes within Publisher's deadline. Publisher shall not be responsible for failure
to honor any cancellation notice received by telephone, nor for any errors in advertisements received by telephone.
5. Publisher shall not be liable for any consequential damages, whether or not foreseeable, which may occur because
of an error in an omission of a part of the whole of any advertisement.
6. Advertiser warrants and represents that any material submitted to Publisher is original, does not violate any
law or infringe the cs, trademarks, trade names or patents of, and contains no matter which is libelous, an
invasion of privacy, an unlawful appropriation of the name or likeness, or is otherwise injurious to the rights of
any other person, and that Advertiser has obtained all necessary consents prior to submission to Publisher.
Advertiser assumes all liability for all content (including, but not limited to, texts, representations, names,
photographs, and illustrations) of advertisements printed and Advertiser agrees to indemnify and hold Publisher
harmless against any and all claims, losses, liabilities and expenses, including attorneys' fees and legal expenses
resulting from or attributable to the publication of any advertisement submitted by Advertiser.
7. Advertising orders which do not conform to rate or terms and conditions in applicable rate books or in this
agreement will be regarded as clerical errors. Copy accompanying such orders will be published and charged at the
applicable effective rate.
8. In the event of a billing dispute, Advertiser must promptly pay all amounts not subject to dispute, and notify
the Advertising Director in writing of any payment withheld, and the reasons therefor. Advertiser shall cooperate
with Publisher in the prompt resolution of disputes.
9. Publisher may, at his option, cancel this agreement at any time, without notice, for a breach thereof, and in
event of cancellation, Advertiser agrees to pay the rate earned in effect at the time of cancellation for all space
used under this contract. Publisher reserves the right to cancel this agreement at any time for any other reason;
in which event Advertiser agrees to pay for all volumes used at the rates then currently earned.
10. Advertiser may cancel this agreement upon notice in writing to Publisher, and payment of the account in full,
including the current rate earned for all space used under this contract shall be due.
11. Advertiser may, within the period covered by this agreement, earn lower rates than are herein specified, if
and when the volume used equals or exceeds that required for a greater volume as per Publisher's applicable rate
book. Accrued refund will be made at the expiration of the agreement year on annual contracts and monthly on monthly
agreements, provided, however, that all conditions and covenants herein shall have been faithfully performed and that
all sums owing to Publisher, including but not limited to advertising costs, attorneys' fees, court costs, interest or
service charges and collection agency fees, have been paid in full, or authorization is given to Publisher to deduct
all such sums from any potential earned rebate.
12. Publisher is not bound by any verbal agreement, nor by any arrangement no specifically stated in this agreement.
Waiver of any of the terms of this agreement by Publisher for the convenience of the Advertiser shall not prevent
Publisher from subsequently enforcing all the terms hereof.
13. This agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between
the parties and supersedes all prior and contemporaneous understanding or agreements of the parties. Any change to
this agreement must be made in writing. Waiver of any of the terms of this agreement by Publisher for the convenience
of the Advertiser shall not prevent Publisher from subsequently enforcing al the terms hereof.
14. Publisher may at any time (I) require payment with order in the form of cash, cashier's check or certified
funds, (II) require immediate payment in full of any outstanding balances, (III) refuse to accept advertising
until all past due amounts are paid, or (IV) require all or any of the above.
15. Where Publisher extends credit, all billings are due and payable by the 20th of the month following the month of
publication. Publisher may at any time change the time of payment. Continuation of credit privileges is dependent
upon full and prompt payment. At the option of Publisher, interest rate fee at a legal rate may be charged monthly on
delinquent accounts from and after the first day of the second month following publication.
16. If any legal proceedings are brought to collect any amounts due, the Advertiser agrees to pay to Publisher, in
addition to the regular charges under this agreement, a reasonable sum as collection and attorneys' fees. Future
advertising, even prepaid, may be refused by Publisher until Publisher is reimbursed for collection and other fees paid
to collect a delinquent account.
17. This agreement is governed by the laws of the State of California, and the City and County of San Mateo, in which
the principal office of Publisher is located, shall be the forum for any legal action relating to this agreement and to
advertising placed or published.
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