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. ACCEPTANCE OF AGREEMENT: It is mutually understood and agreed that this Customer Insertion Order shall become a contract between Advertiser and WholeLife Pages, LLC, doing business as WholeLife Pages, hereinafter called Publisher, upon acceptance of the Customer Insertion Order by Publisher at one of its offices. Publisher will refuse to publish advertising if Advertiser is delinquent in any payments due to Publisher, or for such other reasons as Publisher, in its sole discretion, may deem appropriate.
. SERVICE LIFE: The service life of a directory issue will normally be twelve (12) calendar months; however, Publisher may, at it's discretion, lengthen or shorten the life of the directory issue with no adjustment in the advertising charges due.
. PAYMENT TERMS: Advertiser agrees to pay the charges for the advertising as well as any other fees as indicated on the reverse side of this Agreement. Any unpaid balance of the advertising charges is due and payable upon receipt of each monthly statement. Any amounts not paid within 30 days of the date of such statement may thereafter bear a late charge at the rate of 1½%per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. Disconnection of telephone service does not relieve Advertiser of its obligations under this contract.
. ACCELERATION: Should Advertiser fail to make any payment when due, Publisher may, at its option, declare Advertiser in default and declare the entire balance owed by Advertiser to Publisher under this, or any other, agreement between Publisher and Advertiser immediately due and payable. Should Advertiser be in default, Publisher will have the right to charge the delinquent balance to the Advertiser's checking account or credit card on file.
. CANCELLATION: Advertiser may cancel advertising without penalty within 3 days of this contract as guaranteed by Federal Law, but in no event after the canvass close date for each issue, whichever is sooner. Publisher will refund deposits received for advertising cancelled within the cancellation period in compliance with the terms of this Section, but not thereafter. Due to limited availability, specialty spots are non-cancelable after 48 hours on contract signing and all specialty item deposits and/or payments are totally non-refundable. All cancellations must be in writing and sent to the address shown in Paragraph 17(f). Other options including, but not limited to, a reduction in advertising space may be offered at the Publisher's discretion but are not guaranteed.
. EXTENSION OF CREDIT: Publisher may, but need not, extend credit to Advertiser for purchase of the advertising requested, upon such terms and conditions as Publisher, in its sole discretion, deems appropriate.
. ASSIGNMENT: This Agreement is between Advertiser and Publisher, and changes in ownership, name, management or operation of Advertiser shall not dissolve the contract obligations under this Agreement. This Agreement may not be assigned by Advertiser without the consent of Publisher, which consent will not be unreasonably withheld. This Agreement is assignable by Publisher.
. COPYRIGHTS: Advertiser assumes sole responsibility for the protection of its copyright in any writing, illustration, design, photograph, or combination thereof included in said items of advertising.
. POLICIES: Publisher reserves the right to revise its policies and practices, including the right to revise its directory headings and place Advertiser's directory advertising under the appropriate heading pursuant to such revision both in print and on-line. Publisher further reserves the right to revise or reject any or all advertising copy of illustrations. It is the Advertiser's responsibility to notify the Publisher before the completion of the canvass if proof(s) have not been received.
. PLACEMENT: PUBLISHER DOES NOT GUARANTEE ANY SPECIFIC POSITION ON THE PAGE FOR ADVERTISING, NOR DOES PUBLISHER GUARANTEE THE APPEARANCE OF ADVERTISING IN ANY PARTICULAR SEQUENCE WITHIN THE HEADING.
. COLOR ADS: Color appearing in directory may vary slightly from color shown on proof due to process and calibration differences. Color appearing in the directory is at the discretion of the Publisherand may also vary. No specific color is guaranteed.
. WARRANTIES AND INDEMNIFICATION: The person entering into this Agreement for Advertiser warrants that he-she is authorized by Advertiser to do so, and on behalf of Advertiser represents and warrants: (1) that Advertiser is in compliance with applicable laws, including licensing requirements; (2) that Advertiser is a duly authorized agent for the product or services to be advertised; and (3) Advertiser has the right to use any trademark, service mark, trade name, artwork, photographs, illustrations or copyrighted material appearing in the advertising text supplied by Advertiser. Advertiser agrees that it will save Publisher harmless from any and all claims and demands asserted against Publisher by reason of the falsity of the foregoing representations, breach of the foregoing warranties, or by reason of the falsity of any portion of said advertising of the name or copyrighted material therein, and agrees to notify Publisher immediately, in writing, of any change in such ownership or authorization. Advertiser shall indemnify and hold Publisher harmless from all liabilities and costs, including attorney's fees, incurred in connection with Advertiser's breach of any of the foregoing representations and warranties or for any other claim and on account if Publisher's publication of the advertising text supplied by Advertiser including, without limitation to the generality of the foregoing, claims of false advertising or of infringement on the intellectual property rights of third parties.
. LIMITATION OF LIABILITY: ADVERTISER AGREES THAT THE PUBLISHER SHALL NOT BE LIABLE FOR ERRORS OR OMISSIONS IN DIRECTORY ADVERTISING IN EXCESS OF THE AMOUNT PAID FOR THE ITEM(S) AND SHALL NOT BE LIABLE FOR LOST PROFITS; DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR FOR ANY CONTINGENT DAMAGES ARISING OUT OF SUCH AN OMISSION OR ERROR. THE FOLLOWING ADJUSTMENTS SHALL BE MADE FOR ANY ERROR CAUSED BY THE PUBLISHER IN THE PRINT PRODUCT:
100% ADJUSTMENT OF THE ITEM(S) FOR: 25% ADJUSTMENT OF THE ITEM(S) FOR:
1. OMISSION OF ADVERTISING ITEM(S) OR PAID FOR LISTING(S) 1. INCORRECT ALTERNATE PHONE NUMBER
2. INCORRECT TELEPHONE NUMBER (IF ONLY ONE NUMBER 2. INCORRECT BUSINESS NAME/ADDRESS
APPEARS IN AD(S) OR LISTING(S). 3. INCORRECT ILLUSTRATION/PHOTOGRAPH
10% ADJUSTMENT OF THE ITEM(S) FOR: ADJUSTMENT EQUAL TO THE VARIANCE IN COST OF THE ITEM(S) FOR:
1. TYPOGRAPHICAL ERRORS 1. OMISSION OF COLOR(S)
2. INCORRECT OR OMITTED LOGO
3. LAYOUT ISSUES (BORDERS, APPEARANCE, FONT) IF DIFFERENT FROM PROOF SENT
NO ADJUSTMENT WILL BE GIVEN FOR THE FOLLOWING ITEMS:
1. PLACEMENT OR POSITION
2. INNACURACIES WITH FREE LISTINGS OR FREE ADVERTISING ITEMS
3. NO PROOF OF ADVERTISING RECEIVED
4. ERRORS ALLOWED BY SIGNED AND APPROVED PROOF EITHER FAXED, ELECTRONIC OR WRITTEN
5. CORRECTION NOT RECEIVED PRIOR TO DEADLINE
ADVERTISER'S ABILITY TO OBTAIN ANY OF THE ABOVE DESCRIBED REFUNDS IS CONTINGENT UPON ADVERTISER'S PROVISION TO THE PUBLISHER OF WRITTEN NOTICE OF ANY SUCH ERROR OR OMISSION WITHIN 90 DAYS AFTER THE PUBLICATION OF THE DIRECTORY IN WHICH THE ERROR OR OMISSION OCCURRED. THE REMEDIES SET FORTH ABOVE FOR ANY ERROR OR OMISSION IN ADVERTISING SHALL BE ADVERTISER'S SOLE AND EXCLUSIVE REMEDY, AND PUBLISHER SHALL NOT BE LIABLE TO ADVERTISER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), WHETHER IN CONTRACT, TORT OR OTHERWISE. ADVERTISER ACKNOWLEDGES AND AGREES THAT PUBLISHER HAS RELIED ON THE FOREGOING LIMITATION OF LIABILITY IN ESTABLISHING ITS ADVERTISING RATES, AND THIS LIMITATION OF LIABILITY MAY ONLY BE WAIVED UPON THE PAYMENT OF ADDITIONAL CONSIDERATION BY ADVERTISER IN SUCH AMOUNT AND UPON SUCH TERMS AS MAY BE EVIDENCED BY A WRITTEN AGREEMENT OF THE PARTIES.
14. ARBITRATION: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, other than an action by Publisher for the collection of the amounts due under this Agreement, shall be settled by final, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, which rules are incorporated herein by reference; provided, however, that any person nominated to act as arbitrator is licensed to practice law before the courts of the state where the arbitration is conducted. There shall be one arbitrator for any arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue for any arbitration under this provision shall be at the office of the American Arbitration Association closest to the Publisher, or at such other location as the parties may agree.
15. ON-LINE SERVICES: Services may be terminated at Publisher's discretion. Publisher reserves the right to discontinue service upon nonpayment. Such cessation does not release Advertiser from the obligation of rendering payment for the full contract amount. In case of technical difficulties or temporary interruption of service, the terms of this contract will remain unaffected.
16. ARTWORK: Publisher reserves the right to modify camera-ready or "spec" art if it does not meet the WholeLife Publishing, Inc., Production Requirements information established.
17. ADDITIONAL TERMS:
(a) Should legal action be required to enforce Advertiser's obligations under this Agreement, Advertiser agrees to pay all attorney's fees and costs incurred by Publisher in such
an action or any appeal thereof.
(b) if any paragraph or portion of this Agreement is declared invalid under applicable law, that declaration shall not affect the remaining terms of the Agreement, and all other terms of this Agreement shall retain their full force and effect.
(c) This Agreement and any interpretation thereof shall be governed by the laws of the state of Arizona.
(d) Facsimile and/or emailed signatures or requests, as well as signatures of acceptance by either check or credit card, shall have the same legal effect as original signatures.
(e) This agreement constitutes the entire contract between the parties and neither party shall be bound by any terms, conditions, or representations not herein contained. Neither party shall be bound by any oral agreements or special arrangements contrary to the terms and conditions of this Agreement, and no agent or employee of Publisher has the authority to vary any of the terms of this Agreement, except pursuant to a duly authorized and executed written amendment or waiver to this Agreement.
(f) All written correspondence addressed to Publisher should be directed to: