Copy & Contract Policy
A. PUBLISHER and / or Russell Johns Associates, LLC (RJA) reserves the right at its absolute discretion, and at any time, to cancel any advertising order or reject any advertising copy, whether or not the same has already been acknowledged and / or previously published. In addition, PUBLISHER and / or RJA reserves the right to remove from selected copies of the publication advertisements containing matter that subscribers have deemed objectionable or fraudulent. In the event of such cancellation or rejection by PUBLISHER and / or RJA, advertising already run shall be paid for at the rate that would apply if the entire order were published. Cancellation of any portion of any advertising order or contract by or on behalf of the Advertiser or failure to have published the specified number of pages automatically nullifies any rate discount, including for previously published advertisements, and may result in a short-rate. In such event, the Advertiser and / or Agency must reimburse PUBLISHER or RJA for the short-rate within 30 days of invoice therefore.
B. Orders that contain rates that vary from the rates listed herein shall not be binding on PUBLISHER or RJA and may be inserted and charged for at the actual schedule of rates.
C. Advertisements that simulate editorial content must be clearly defined and labeled “ADVERTISEMENT” and PUBLISHER and / or RJA may, at their sole discretion, so label such copy.
D. In the event of errors in advertisements that have not been approved by the Advertiser or its Agency or omissions of any advertisement(s), PUBLISHER’s and / or RJA’s liability shall not exceed a refund of amounts
paid to PUBLISHER or RJA for the advertisement. The Advertiser is responsible for checking the accuracy of their published advertisement in the first issue in which it appears and reporting any errors immediately following publication of said issue. No compensation will be made for errors not reported immediately following publication of the first issue in which the advertisement appears. Neither PUBLISHER nor RJA are responsible for errors in key numbers or for any error due to illegibly written copy. Neither the PUBLISHER nor RJA will be liable for errors in advertisements that are submitted and / or approved by the Advertiser or its Agency.
E. All issues relating to advertising will be governed by the laws of the State of Florida applicable to contracts to be performed entirely therein. Any action relating to advertising must be brought in the state or federal courts in Clearwater, Florida and the parties hereby consent to the jurisdiction of such courts.
F. The Advertiser and its Agency, if there be one, each represent that any advertising (including product samples) submitted complies with all applicable laws and regulations and does not violate the rights of, and is not harmful to, any person, corporation or other entity. As part of the consideration to induce PUBLISHER to publish such advertisement, the Advertiser and its Agency, if there be one, each agrees jointly and severally to indemnify and save harmless PUBLISHER and / or RJA, together with their employees and representatives, against all liability, loss, damage, and expense of any nature, including attorney’s fees, arising out of any claims for libel, invasion of privacy, copyright or trademark infringement and / or any other claim or suit that may arise out of the copying, printing, publishing, distribution or transmission of such advertisement.
G. In the event an order is placed by an Agency on behalf of the Advertiser, such Agency warrants and represents that it has full right and authority to place such order on behalf of the Advertiser and that all legal obligations arising out of the placement of the advertisement will be binding on both the Advertiser and the Agency.
H. The Advertiser and its Agency, if there be one, agree to be jointly and severally liable for the payment of all bills and charges incurred for each advertisement placed on the Advertiser’s behalf. Advertiser authorizes PUBLISHER and / or RJA, at its election, to tender any bill to the Agency, and such tender shall constitute due notice to the Advertiser of the bill and such manner of billing shall in no way impair or limit the joint and several liability of the Advertiser and Agency. Payment by the Advertiser to the Agency shall not discharge the Advertiser’s liability to PUBLISHER or RJA. The rights of PUBLISHER or RJA shall in no way be affected by any dispute or claim between the Advertiser and the Agency.
I. The Advertiser or Agency may not use any advertising space either directly or indirectly for any business, organization, enterprise, product, or service other than that for which the advertising space is provided by PUBLISHER and / or RJA, nor may the Advertiser or Agency authorize any others to use any advertising space.
J. PUBLISHER reserves the right to use any of the commercially accepted printing processes.
K. The Advertiser and / or Agency agrees to reimburse PUBLISHER or RJA for its attorneys’ fees and costs in collecting any unpaid charge or portion of the charge for any advertisement.
L. The copyright in any unpublished advertisement created by RJA is owned by RJA, and may not be otherwise used by the Advertiser without RJA’s prior written consent. The Advertiser and / or Agency agree that any advertisements published may, at RJA’s and the PUBLISHER’s option, be included in all media, whether now in existence or hereafter developed, in which the issue containing the advertisement is published, reproduced, distributed, displayed, performed, or transmitted, in whole or in part.
M. Print and online rates are effective as outlined on individual rate cards. Announcement of any change in rate will be made 30 days in advance of the closing date for the first issue affected by such new rates. Orders for issues thereafter will be at the rates then prevailing.
N. The foregoing terms and conditions shall govern the relationship between PUBLISHER and / or RJA and the Advertiser and / or Agency. Neither PUBLISHER nor RJA has made any representations to the Advertiser or Agency that are not contained herein. Unless expressly agreed to in writing by PUBLISHER or RJA, no other terms or conditions in contracts, orders, copy, instruction, or otherwise will be binding on PUBLISHER or RJA.