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1. PAYMENT. All advertising rates are subject to change. To receive the 5% Early Bird Discount, payment must be received by March 1, 2007. The deadline for payment for insertion orders is May 1, 2007. The HSUS may cancel insertion orders if payment is not received by May 1, 2007. Should Advertiser’s business be sold or transferred, Advertiser agrees to obtain transfer of the balance of the contract to the new owner, notify the Publisher of the transfer, and pay applicable rate.
2. DECLINE AND CANCELLATION. The HSUS reserves the right to decline or cancel any advertising for any reason at any time. Neither Advertiser nor its agent may cancel insertion orders for advertising after May 1, 2007. Cancellation notices must be made in writing to The HSUS through its Advertising Manager. In the event of cancellation of an insertion order by either The HSUS or Advertiser before May 1, 2007, The HSUS will refund to Advertiser the amount paid for its insertion order. In the event that an insertion order is cancelled by The HSUS or Advertiser after May 1, 2007, no refund will be paid. The HSUS reserves the right to remove from Shelter Pages Online, either temporarily or permanently, a link to Advertiser’s website at any time for any reason.
3. POSITIONING OF ADVERTISEMENTS AND LISTINGS. Positioning of advertisements and listings is at the discretion of The HSUS. Advertisement and listing positions are not guaranteed.
4. SHELTER PAGES ONLINE. Shelter Pages Online listings and advertisements are published on a rolling yearly basis from the first of the month following payment and are renewable at the end of that term for the fee set by The HSUS at the time of renewal.
5. WARRANTIES, REPRESENTATIONS, AND INDEMNIFICATION. Advertiser represents and warrants as follows: Advertiser has the power and authority to agree to these Terms and Conditions. The advertisement, listing, or website linked to consists entirely of original material, material in the public domain, or material from other works included in the advertisement with the written permission of the copyright or trademark owners. The advertisement, listing, or website linked to does not contain any mistakes or misrepresentations, defamatory material, or injurious instructions; does not invade the right of privacy of any individual; does not infringe any trademark, service mark, trade name, trade secret, copyright, or other common law or statutory right; nor does it contain any material that otherwise violates any criminal prohibition or the personal or proprietary rights of any person or entity. Advertiser shall indemnify and hold harmless The HSUS, its directors, officers, and employees, and its successors and assigns, against any and all losses, damages, liabilities, costs, charges, and expenses, including reasonable attorneys fees and costs, arising out of any claims, suits, or threats of suit that may be brought or made against The HSUS by reason of any breach by Advertiser of the warranties and representations contained in this Section 5.
6. MATERIALS SUBMITTED BY ADVERTISER. The HSUS shall not return to Advertiser any materials submitted to The HSUS, including any disks and electronic or printed copies of any advertisements. Advertiser shall be responsible for maintaining backup electronic and printed copies of any item submitted to The HSUS.
7. ENDORSEMENT. The inclusion of advertising or links in Shelter Pages or Shelter Pages Online does not constitute endorsement by The HSUS of Advertiser of the products or services advertised.
8. ENTIRE AGREEMENT. The Terms and Conditions set forth below constitute the complete understanding of the parties as to the terms and conditions governing the posting of advertisements and links in the publications Shelter Pages and Shelter Pages Online. These Terms and Conditions may be changed, amended, or modified only by an instrument in writing, signed by authorized representatives of both parties, which is expressly identified as a modification or amendment of these Terms and Conditions.
9. GOVERNING LAW. The validity, interpretation, and effect of these Terms and Conditions shall be governed by the law of the District of Columbia, irrespective of the places of execution and performance, and without reference to said District’s conflict of laws doctrines.
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