- The terms and conditions of this contract may not be modified, except by a written statement signed by the advertisers and an officer of NewPinkPages.com. This contract shall constitute the entire agreement between the Advertiser and the Publisher, and the Publisher shall not be bound by any agreement or understanding not expressed herein. Parties agree that all prior contracts are hereby superseded and no longer in effect.
- The person signing this contract on behalf of the Advertiser warrants that he or she is authorized by the Advertiser to sign the contract for and on behalf of the Advertiser.
- The distribution of directories shall be at the sole discretion of the Publisher.
- The Advertiser is solely responsible for the protection of any copyrights, trademarks, trade names and service marks owned partially or wholly by them or which it is duly authorized to use, whether or not it is included in their advertisement.
- The Advertiser hereby represents that it is authorized and entitled to advertise each product, business, or service represented in its advertising and that all contents of its advertising are lawful, fair, truthful, and not misleading, and that the use of any name, picture, reproduction, endorsement of a product or service, telephone number, address, trademark or business name, in or in connection with any advertising is authorized to be used by the Advertiser. The Advertiser shall notify the Publisher in writing immediately of any changes of such authorization, and they shall hold the Publisher free and harmless from and against any and all liability for infringement thereof.
- The Advertiser agrees to and hereby insures to defend and hold the Publisher as agents and other employees harmless from and against any and all loss, claim, damage, expense, penalty, demark, reparation, cost of defense, attorney's fees or liability whatsoever arising out of or in any way caused by or connected with the printing or publication of its advertising.
- The Advertiser agrees that the location of advertising on a page CANNOT be guaranteed.
- The Advertiser agrees to accept the obligation to inform the Publisher in writing of any changes of address, telephone numbers, or changes in the type of business ten (10)days prior to publication. Should the Advertiser fail to do so, the Publisher will not be responsible.
- Limitation of liability for errors and omissions in the event of any error in or omission of all or any part of any advertising, the parties agree that the Publisher's liability shall be limited to a pro rata abatement of the charges payable which such error or omission reduces the value of the advertising. However, in no event shall the Publisher's liability to the Advertiser for claims of any kind for loss or damage ar~sing out of or in any way connected with any such error or omission exceed the total of such charges payable for the advertising. In no event shall the Publisher be liable for any loss to the Advertiser's business, revenues, profits and costs to the Advertiser of other forms of advertising or damage of any nature. In no event shall the Publisher be liable for errors or omissions.
- The publisher shall have the right to sell, assign, or transfer this agreement with all its rights, title, and interest therein to any person, firm, or corporation at any time during the term of this agreement and any such assignee shall acquire all of the rights and assume all of the obligations of the Publisher under this agreement.
- The Publisher may terminate this contract, but only with written notice given to the Advertiser prior to the advertising closing date.
- In the event any action is undertaken to enforce this contract, the prevailing party will be entitled to its costs of enforcement, including, but not limited to attorney's fees and costs.
- In case of any CANCELLATION before the publications, a request should be made by written notice and the cost for this advertising is NOT refundable.
- In .the event that the product is not published on time, the Advertiser can cancel the ad and will only be refunded for the portion, which is not published or provided.