Discover Portage Lakes

The Heart of It All

Terms and Conditions

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This agreement is subject to all of the following terms and conditions. This agreement shall not become effective until it is approved by DISCOVERPLX of Akron, Ohio. Advertiser and DiscoverPLX agree that this agreement is performable in Ohio.

 

  1. PREPARATORY WORK:  All preparatory work and other items submitted to DiscoverPLX (“DPLX”) shall remain the exclusive property of DiscoverPLX unless otherwise agreed to in advance and in writing.
  2. COLOR: Because of differences in equipment, paper, inks and other conditions pertaining to production operations, a reasonable variation in color between advertising copy submitted and the published advertisement shall be deemed acceptable.
  3. PUBLICATION SCHEDULES: Every effort will be made to meet publication schedules established, but DPLX shall not incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, actions of Government or civil authority, acts of God, or any other causes beyond the control of DPLX.
  4. PRICE ADJUSTMENTS: DPLX reserves the right to revise advertising rates at any time. Advertisers will be notified in writing at least 30 days prior to rate adjustments, and all agreements are accepted subject to this reservation. In the event of an increase in rate during the term of this agreement, advertiser may, by written notice prior to the effective date of the revised rate, terminate the agreement without penalty. Agreements must be completed within one year from date of signing.
  5. AUTOMATIC RENEWAL: This Agreement will automatically renew unless advertiser notifies DPLX  in writing at least thirty (30) days prior to the next publication deadline of its intent not to renew.
  6. EARLY TERMINATION: Advertiser may cancel this Agreement prior to expiration of its terms upon providing written notice to DPLX at least thirty (30) days before the next publication deadline. In the event of an early termination, advertiser will be short rated the difference between its contracted rate and the standard rate for the terms actually fulfilled.
  7. PAYMENT TERMS: Payment in full is due upon receipt of statement. Invoices not paid within 30 days from invoice date shall be subject to a FINANCE CHARGE of one and one-half (1 ½%) per month on the unpaid balance for an ANNUAL PERCENTAGE RATE of 18 percent of the highest rate allowed by law, whichever is lower, beginning 30 days after invoice date. Receipt of a check that is returned for any reason shall not be considered payment. All payments shall be deemed received when actually received by DPLX at its place of business in Akron, Ohio. Advertisers agrees to pay all legal fees, court costs and/or collection costs on accounts delinquent over 90 days from invoice date.
  8. SUSPENSION OF PUBLICATION FOR NON-PAYMENT: DPLX reserves the right to cease the publication of advertisements upon a default in the payment of any installment due, as well as to invoice the advertiser in an amount equal to the difference between the rate shown on the agreement and the actual rate earned as per rate card. The short rate is due and payable immediately upon receipt of such invoice.
  9. ADVERTISING AGENCY: The advertiser and the advertising agency, if any, placing the advertisement with DPLX for publication shall be jointly and severally liable under this agreement. DPLX is not required to attempt to collection from advertiser before collecting from agency. Agency commission shall be forfeited on all accounts unpaid after forty-five (45) days from the date of invoice.
  10. ADVERTISING COPY: The advertiser shall provide DPLX with appropriate camera-ready copy of the advertisement. Copy due 45 days prior to publishing date or DPLX will provide camera ready copy at a nominal cost to be paid by the advertiser at time of proof of copy. When proofs have been approved by advertiser or advertiser’s agent, DPLX is relieved of all responsibility of errors.
  11. REJECTION OF ADS: DPLX reserves the right to reject or revise any copy which contains political, religious (except ads for churches), normally questionable or other content which it considers not in the public interest, not in keeping with usual publishing acceptability standards, or not acceptable for any other reasons deemed material by it.
  12. NEWS MATTERS: Advertising set to resemble news matter must carry the word “Advertisement,” and  may not use DPLX editorial typeface.
  13. LIABILITY LIMITATIONS: Wrong insertions, omissions, or errors shall not terminate the agreement. DPLX’s responsibility for any error a result of its own fault shall be limited to re-running for any error a result affected by the error. Errors as submitted in original copy supplied by advertiser are not DPLX’s responsibility. Notice of errors must be given in time for corrections before additional insertions are made. Claims for error adjustments must be made by the advertiser in writing within a period of thirty (30) days of error date. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission of full compliance by DPLX. In the event of non-publication of copy furnished, DPLX’s responsibility shall not exceed the amount DPLX charged thereof.
  14. ADVERTISER WARRANTY, HOLD HARMLESS & INDEMNITY: Advertiser assumes responsibility for the content of all advertising copy. Advertisers warrant that it is fully authorized to use and has secured the proper written consent for the use of the copy, display, text, photographs and illustrations included in advertising copy submitted for publication. Advertiser further warrants that it is in compliance with all applicable laws and governmental regulations pertaining to any product, business and/or service advertised  (including, but not limited to, any product, business and/or service advertised franchise and business opportunities laws.) Advertiser warrants that advertisement copy is true, that it is not libelous or defamatory, that it violates no rights of privacy, and that it infringes no trademark; copyright, literary or other rights. Advertiser agrees to defend, identify and hold harmless DPLX from any and all liability, loss, expense (including reasonable attorney’s fees and all associated litigation costs) and/or claims of any nature based on or arising out of any advertisement, whether such claims are well-grounded or not.
  15. ASSIGNMENT: Advertiser assigns to DPLX all property rights, including copyrights, to any advertisement designed by DPLX and produced for the advertiser. No such advertisement or any part thereof may be reproduced without the prior written consent of DPLX.
  16. AMENDMENTS: The agreement constitutes the only agreement  between the advertiser and DPLX. No modification shall be binding on either party unless the same shall be in writing and signed by the duly authorized representatives of both parties.
  17. AUTHORITY: The advertisers, and  the person signing this agreement in advertiser’s behalf, if any, warrants that he/she has the authority to make this agreement and to bind the advertiser to all the terms thereof.
  18. BINDING EFFECT: The agreement is binding upon advertiser and its successors, representatives, heirs and assigns.
  19. LAW: The agreement  shall be governed and construed in accordance with the laws of the State of Ohio and the United States of America.