Advertising Terms

The Boulder Internet Guide Networks

Advertising Terms and Conditions

MATERIAL SPECIFICATIONS: Specifications for the material elements that must be included in any banner are listed in the current "Advertisement Specifications & Submissions Instructions."

ORDERS FOR ADVERTISEMENTS: All orders or other requests for advertising, whether from an advertiser ("Advertiser"), or as applicable from an advertising agency or agent on Advertiser’s behalf ("Agency"), are governed by these standard terms and conditions. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with such orders, including without limitation those contained on or accompanying checks or other forms of payment, shall be binding on Boulder Internet Guide, whether in conflict with or in addition to these standard terms and conditions. Orders which quote rates which very from the rates listed in Boulder Internet Guide then-current rate card shall not be binding on Boulder Internet Guide, and shall be deemed requests for advertising at then-current rates. Orders are binding on Advertiser and Agency and not subject to cancellation, except as provided below under Cancellation.

ACCEPTANCE: Boulder Internet Guide offer to publish advertisements for Advertiser or Agency is made on these standard terms and conditions only, and the placement or other communication of an order for advertising with Boulder Internet Guide shall constitute Advertiser’s and Agency’s unconditional acceptance of these standard terms and conditions; no acceptance shall be effective until it is received by Boulder Internet Guide in Boulder Colorado. Boulder Internet Guide reserves the right not to publish any advertising at any time in its sole discretion. Failure by Boulder Internet Guide to publish any requested advertisement does not constitute a breach of contract or otherwise entitle Advertiser or Agent to any legal remedy.

CANCELLATION: Advertiser or Agency may cancel any advertisement ordered at any time on (30) days’ written notice to BOULDER INTERNET GUIDE 3350 Broadway st Boulder CO 80304. parties agree that the stated time limit shall be thirty (30) days.) or you my use our contact form to submit your cancellation In the event of such cancellation, all discounts for volume and length of purchase (i.e. the discounts identified as "Other Discounts" in the Insertion Order) previously granted shall be rescinded, the price applicable to any delivered ad shall be adjusted to the full rate card price, and Advertiser and/or Agency shall pay to BOULDER INTERNET GUIDE, within thirty (30) days after the advertisement is terminated, all amounts not yet paid (as determined in accordance with the higher price calculation) for such ad delivered. BOULDER INTERNET GUIDE may cancel any advertisement at any time, with or without cause, upon notice to Advertiser and/or Agency. IN THE EVENT OF SUCH CANCELLATION, ADVERTISER’S AND AGENCY’S SOLE REMEDY WILL BE A REFUND OF ANY PRE-PAID FEES IN EXCESS OF THE FEES OWED TO BOULDER INTERNET GUIDE FOR THE IMPRESSIONS DELIVERED PRIOR TO CANCELLATION AND WITHIN THIRTY (30) DAYS AFTER BOULDER INTERNET GUIDE’S NOTICE OF TERMINATION. IN THE EVENT THAT IMPRESSIONS ARE NOT THE RELEVANT STANDARD HEREIN, ADVERTISER’S AND AGENCY’S SOLE REMEDY WILL BE A PRO-RATED REFUND FOR THE PERIOD OF TIME BEYOND THIRTY (30) DAYS AFTER CANCELLATION. THIS RELEASE OF ADVERTISER’S AND/OR AGENCY’S COMMITMENT IS ADVERTISER’S AND AGENCY’S SOLE REMEDY AND NEITHER BOULDER INTERNET GUIDE, BOULDER INTERNET GUIDE NETWORKS ("B.I.G"), B.I.G INTERACTIVE NEWS, ("B.I.G") NOR ANY OF THEIR AFFILIATES WILL HAVE ANY OTHER LIABILITY OF ANY NATURE TO ADVERTISER OR AGENCY.

RESPONSIBILITY FOR ADVERTISEMENTS: Advertiser and Agency represent and warrant to Boulder Internet Guide that each are fully authorized to publish the entire contents and subject matter of all requested advertisements (including, without limitation, all text, graphics, URLs, and sites to which URLs are linked), and that all such materials will comply with all applicable laws and regulations. In consideration of the publication of advertisements, Advertiser and Agency jointly and severally agree unconditionally to indemnify and hold harmless Boulder Internet Guide and its affiliates, and their respective officers, agents and employees, from and against any and all loss, liability and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims proceedings or suits based on or arising out the contents or subject matter of such advertisements, including without limitation claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, and trademark infringement.

POSITIONING: Except as otherwise specified by Boulder Internet Guide herein, all order provisions regarding positioning of advertisements shall be treated as requests, which requests shall be fulfilled at Boulder Internet Guide's sole discretion.

STYLE: Advertisements that simulate Boulder Internet Guide Guide’s, B.I.G’, B.I.G classifieds or their affiliates’ editorial matter in appearance or style, or that are not readily identifiable as advertisements, are not acceptable. Boulder Internet Guide may in its sole discretion label any advertisement as an "advertisement" for clarification.

LINKS TO INTERNET SITES: Advertiser and Agent each warrant and represent to BOULDER INTERNET GUIDE that each Internet site identified by URLs in advertisements: (i) is controlled by Advertiser and operated by Advertiser and/or its independent contractors, (ii) will be functional and accessible at all times, and (iii) is in compliance with all applicable laws and regulations, and suitable in all respects to be linked to from the applicable site containing the advertisement. BOULDER INTERNET GUIDE may test Advertiser’s URLs, and in Boulder Internet Guide's sole discretion may remove any URLs at any time that fail to comply with the above requirements.

COMMITMENT; PAYMENT TERMS: By submitting an order for advertising to BOULDER INTERNET GUIDE, Advertiser and Agency agree to be jointly and severally liable for the cost of such order. Advertiser and/or Agency will pay BOULDER INTERNET GUIDE the Total Fee due hereunder in equal payments allocated over the number of months the advertisement is to run. Each payment is due by each monthly anniversary of the date on which the first impression is delivered. All unpaid advertising fees shall accrue interest at the rate of 1½% per month until paid, or the legal maximum, whichever is less. In addition to all other available rights and remedies, BOULDER INTERNET GUIDE may cancel and remove any advertisement, which is not paid for on a timely basis. With respect to advertising to be placed within boulderinternetguide.com or any other B.I.G Interactive Media Division properties, BOULDER INTERNET GUIDE shall remit any of the funds it collects hereunder on Boulder Internet Guides behalf to B.I.G Classifieds, respectively.

COUNTS; THIRD PARTY SERVINGS: BOULDER INTERNET GUIDE counts ads delivered based on ad request/insertion, and BOULDER INTERNET GUIDE will issue any tracking reports on that basis. BOULDER INTERNET GUIDE reserves the right to refuse advertising buys from third parties that require ads to be served from that third party’s servers.

NO REPRESENTATIONS OR WARRANTIES; NO DAMAGES: ALL services provided to advertiser and/or agency that are the subject of these terms B.I.G and conditions are provided without warranties of any nature, and each of Boulder Internet Guide, B.I.G, B.I.G Classifieds and their affiliates disclaim all warranties, EXPRESS OR IMPLIED, including without limitation any implied warranties of merchantability and fitness for a particular purpose. IN NO EVENT SHALL EITHER BOULDER INTERNET GUIDE, B.I.G, B.I.G Classifieds OR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IF BOULDER INTERNET GUIDE, B.I.G, B.I.G OR ANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BOULDER INTERNET GUIDE, B.I.G, B.I.G Classifieds OR ANY OF THEIR AFFILIATES BE LIABLE TO ADVERTISER AND/OR AGENCY FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY BOULDER INTERNET GUIDE FROM ADVERTISER AND/OR AGENCY FOR THE ADVERTISEMENT(S) AT ISSUE.

NO USE OF BOULDER INTERNET GUIDE’S,’ OR B.I.G’S NAME: In consideration of Boulder Internet Guide review for acceptance of any advertising for publication, both the Advertiser and Agency each agree not to make promotional or merchandising reference to Boulder Internet Guide, B.I.G or any of their affiliates in any way except with the express written permission of the applicable party for each such use.

GENERAL PROVISIONS: These terms and conditions are governed by the laws of the State of Colorado, USA. Advertiser and Agency consent to the exclusive jurisdiction and venue of courts in Boulder County, Colorado for all disputes arising out of or relating to the subject matter hereof. The prevailing party in any dispute concerning the subject matter hereof shall be entitled to recover its reasonable attorneys' fees and costs. The parties agree that this Agreement is deemed to have been made in the State of Colorado, USA. No joint venture, partnership, employment, or agency relationship exists between Advertiser and/or Agency and Boulder Internet Guide. Boulder Internet Guide shall not be deemed to have waived or modified any of these terms and conditions except by writing signed by its duly authorized representative. Neither Advertiser not Agency may assign its rights hereunder to any third party unless Boulder Internet Guide expressly consents to such assignment in writing. In the event that any provision of these standard terms and conditions is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions shall remain valid and enforceable, and the unenforceable provisions shall be deemed modified to the extent necessary to make them enforceable. Unless specifically stated otherwise, the applicable territory for the advertising shall be the United States only. Boulder Internet Guide may send electronic mail to Advertiser and/or Agency for any notices or notifications. All notices to Boulder Internet Guide relating to any legal claims or matters must be made in writing to The Boulder Internet Guide Network., Boulder Internet Guide, Boulder, co 80304, with a copy to Boulder Internet Guide Networks — attn., Law Affairs, Boulder Internet Guide,3350 Broadway st Boulder, co 80304.