ABATE of Colorado reserves the right to modify this contract or rates published herein without notice. Current advertisers will receive at least one (1) months notice of any changes to rates or policies.
ABATE of Colorado is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency.
All advertisements are accepted and made available by ABATE of Colorado upon representation by the agency and advertiser that they are authorized to make available on ABATE of Colorado the entire contents and subject matter thereof and that such advertisement will not violate any law or infringe upon any right of any party.
In consideration of the placement of advertisements on ABATE of Colorado, the advertiser and agency, will jointly and severally, indemnify and save ABATE of Colorado and all parents, affiliates and subsidiaries of ABATE of Colorado harmless from and against any and all losses and expenses arising out of the appearance of such advertisements on ABATE of Colorado, or on the advertiser's site on the Web as linked through ABATE of Colorado, including without limitation, those arising from claims for suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act, obscenity, indecency, violation of statutory, common law or contractual rights including, without limitation, the rights of any guild or union or rights of privacy or publicity or from any and all similar claims now known or here after devised.
It is understood that the advertiser and the agency are jointly and severally liable for payment of invoices for advertising made available on ABATE of Colorado hereunder. In consideration of reviewing for acceptance, or acceptance of, any linkage to the advertisers site on the Web, the agency and advertiser agree not to make promotional or merchandising reference to ABATE of Colorado in any way except with the prior permission of ABATE of Colorado in each instance.
ABATE of Colorado shall not be subject to any liability whatsoever for any failure to provide reference or access to all or any part of the advertising due to systems failure, technological failure of ABATE of Colorado or the Web, or any other cause outside our control. ABATE of Colorado will not be responsible for harm due to unauthorized use of your advertisements as presented on the service by third parties, including without limitation, unauthorized reproduction and tampering by network "hackers."
No conditions, printed or otherwise, appearing on contracts, insertion orders or instructions which conflict with the provisions of this rate card will be binding on ABATE of Colorado.
Orders for advertising shall be non-cancelable after 30 days prior to the first date on which it is scheduled to appear within ABATE of Colorado and through the advertising period agreed to pursuant to the insertion order.
ABATE of Colorado reserves the right to reject or cancel any advertising and/or linkage to an advertiser site on the Web for any reason at any time, including without limitation as a result of linkages to other sites on the Web included in the advertiser site.
Unless otherwise specifically agreed by ABATE of Colorado and the advertiser, no cash discounts volume discounts or other discounted rates will be available except as listed on this rate card.
No minimum impression level is guaranteed hereunder.
The agreement between ABATE of Colorado and the advertiser shall be governed by the laws of the United States of America and the State of Colorado applicable to contracts executed and performed entirely in the State of Colorado.
If the ABATE of Colorado web site is not operational for individual periods in excess of 72 hours, the total down time for all these periods will be added to the contract. Or, at the advertisers option, a credit will be applied to the subsequent contract.