TERMS & POLICIES


PENNYSAVER

Contract and Copy Reulations

By placing, or requesting placement of, any advertisement in The West Volusia Pennysaver, or any other product published by Volusia Pennysaver, Inc. or its affiliates (the "Publisher") you, together with any advertising agency employed by you, if any (collectively referred to herein as the "Advertiser"), agree with Publisher to the following terms and conditions:

  1. The parties agree that subject matter, form, size, wording, illustrations, typography and arrangement of each advertisement is subject to Publisher's approval. Publisher reserves the right, in its sole discretion, to exclude or remove from any advertisement any text, illustration or other material, provided however, that such right shall not place an obligation on Publisher to monitor or exert editorial control over any advertisement or content.

  2. By submitting an order to Publisher for publication of an advertisement, Advertiser agrees to all advertising rates and conditions of Publisher, as set forth in this Rate Card and as may be modified by a separate advertising agreement set forth in writing by and between Advertiser and Publisher (the "Advertising Agreement") in effect at the time such advertisement is published.

  3. Political advertisements must bear all identifications and disclaimers required by law which shall be the responsibility of the Advertiser.

  4. Publisher will not accept any cancellations or alterations by Advertiser after the deadline as set by Publisher. Advertiser agrees that all deadlines will be set by Publisher, from time to time, in its discretion.

  5. Under no circumstances is page placement or position guaranteed. If a requested page placement is unavailable, Publisher may, in its sole discretion, place the advertisement elsewhere and its sole liability to Advertiser shall be a credit for any page placement premium paid by Advertiser. Color requests are accepted, but not guaranteed.

  6. Publisher makes no warranties regarding advertising purchased hereunder, and Publisher expressly disclaims all warranties, express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose.

  7. Advertiser agrees to indemnify and hold Publisher (together with Publisher's employees, agents, representatives and affiliates) harmless from any loss, damage or expense, including reasonable attorneys' fees and costs, incurred by Publisher (or Publisher's employees, agents, representatives and affiliates) as a result of any advertisement placed by Advertiser hereunder. The parties agree that Advertiser's obligation to indemnify Publisher includes, but is not limited to, losses incurred by Publisher as a result of claims that an advertisement is, or is alleged to be, defamatory, an infringement of third-party copyright, trademark or trade name rights, or an invasion of privacy or misappropriation, regardless of whether or not such claims are ultimately found to be without merit.

  8. Advertiser agrees that Publisher's entire liability to Advertiser, if any, and any claim(s) for damages relating to any advertisement, whether based in contract, in tort, or otherwise, shall be limited to the amount of the charges paid by Advertiser for the advertisement or advertisements which are the basis of the claim(s). In no event will Publisher be liable for any lost profits or any consequential, exemplary, incidental, indirect or special damages, arising from, or in any way related to, Advertiser's rights hereunder, even if Publisher has been advised of the possibility of such damages.

  9. The Publisher will not be liable by reason of any error for which it may be responsible, beyond liability for the cost to Advertiser of the actual space occupied by that portion of the advertisement in which the error occurred. Under no circumstances shall Publisher have any liability to Advertiser for more than one (1 ) insertion of each advertisement containing an error or omission. All claims of error must be made within five (5) days of publication of the advertisement in question. The parties agree that Publisher will have no liability to Advertiser for claims of error not timely made.

  10. Advertiser agrees that Publisher shall have no liability to Advertiser for failure to print, publish or distribute any Pennysaver issue or other product in which an advertisement is scheduled to appear.

  11. Any tax levied against advertising will be added to advertising charges due and payable from Advertiser to Publisher.

  12. If any provision herein shall be declared invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the remaining terms herein.

  13. Advertiser agrees to pay Publisher for all costs and expenses Publisher may incur in enforcing any term or condition contained herein, or in collecting advertising fees that are due and payable hereunder, including without limitation Publisher's reasonable attorneys fees and court costs, whether incurred pre-trial, at trial or on appeal.

  14. In the event of any litigation arising out of or relating to the terms and conditions contained herein, in the Advertising Agreement(s) or in any Credit Agreement between Publisher and Advertiser, the parties hereby consent to the exclusive jurisdiction of the courts of the State of Florida, County of Volusia.

  15. All terms herein, and in any Advertising Agreement(s) and/or Credit Agreement between Advertiser and Publisher shall be governed and construed in accordance with the laws of the State of Florida without regard to its conflicts of laws principles.

  16. Advertiser agrees that Publisher may, in its sole discretion suspend or revoke any credit extended to Advertiser pursuant to a Credit Agreement. In the event of any such suspension or revocation, all usual and customary payment terms contained herein shall apply. Prepaid discounts are available only if advertisements are paid for in full at the time of placement. If advertisements are not prepaid, payment is due immediately upon receipt of invoice, and in the event that any balance remains outstanding for thirty (30) days from the date

  17. Failure by Publisher to insist upon compliance by Advertiser with any terms and conditions contained in this Rate Card, and Advertising Agreement(s) or the Credit Agreement shall not be construed as a waiver of any of Publisher's rights hereunder or thereunder. Any such waiver shall not be construed to waive succeeding breaches by Advertiser of such agreements.

  18. Publisher will not knowingly accept advertising which discriminates, or intends to discriminate, based on race, color, religion, handicap, familial status or national origin; nor advertisements which are fraudulent or untruthful. Only Webster's Dictionary abbreviations are accepted; abbreviations of proper names are not accepted.