TERMS AND CONDITIONS

1. THIS AGREEMENT CONSTITUTES THE ENTIRE OBLIGATION FOR ADVERTISING BETWEEN THE PUBLISHER, EDWARDS INFORMATION LLC, AND THE ADVERTISER. ANY AMENDMENT OR MODIFICATION MUST BE MADE IN WRITING AND BE SIGNED BY THE DULY AUTHORIZED REPRESENTATIVES OF EACH PARTY.

2. THE PERSON ENTERING THIS AGREEMENT ON BEHALF OF THE ADVERTISER WARRANTS THAT SAID PERSON IS AUTHORIZED BY THE ADVERTISER TO DO SO, AND ON BEHALF OF THE ADVERTISER REPRSENTS AND WARRANTS THAT THE ADVERTISER IS IN COMPLIANCE WITH ALL APPLICABLE LAWS, INICLUDING LICENSING REQUIREMENTS, AND AS A DULY AUTHORIZED AGENT FOR THE PRODUCT OR SERVICE TO BE ADVERTISED THAT THE USE OF ANY TRADEMARK, SERVICE MARK, TRADE NAME OR COPYRIGHTED MATERIAL APPEARING IN THE ADVERTISING DISPLAY OR LISTING HEREBY CONTRACTED FOR, HAS BEEN AUTHORIZED BY THE OWNER OR OWNERS THEREOF.

3. THE ADVERTISER AGREES THAT THE PUBLISHER WILL BE HELD HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS ASSERTED AGAINST THE PUBLISHER BY REASON OF THE FALSITY OF THE FOREGOING REPRESENTATIONS, AND FURTHER AGREES TO NOTIFY THE PUBLISHER IMMEDIATELY, IN WRITING, OF ANY CHANGE IN OWNERSHIP OR AUTHORIZATION. THE ADVERTISER FURTHER AGREES TO PAY EDWARDS INFORMATION LLC ANY COURT COSTS AND ANY ATTORNEYS’ FEES ASSOCIATED WITH ANY CLAIMS AND DEMANDS MADE AGAINST EDWARDS INFORMATION LLC

4. THE ADVERTISER ASSUMES FULL RESPONSIBILITY FOR THE PROTECTION OF ITS COPYRIGHT IN ANY WRITING, ILLUSTRATION, DESIGN, PHOTOGRAPH, OR ANY COMBINATION THEREOF INCLUDED IN SAID ITEM(S) OF ADVERTISING.

5. RECEIPT OF YOUR CHECK OR LISTING ORDER FORM IS AN ACCEPTANCE OF OUR OFFER TO PUBLISH YOUR LISTING OR ADVERTISING AS INDICATED ON THE FORM SUBMITTED, IN THE NEXT EDITION OF THE Edwards Disaster Recovery Directory ™.

6. ALL CONTENTS OF ADVERTISEMENTS ARE SUBJECT TO THE PUBLISHER’S APPROVAL. THE PUBLISHER RESERVES THE RIGHT TO CANCEL ADVERTISEMENTS AND/OR LISTINGS AT ANY TIME FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF THE ADVERTISEMENT FAILS TO CONFORM TO APPLICABLE LAWS AND REGULATIONS, PUBLISHER’S POLICIES, OR THE PUBLIC INTEREST. CONDITIONS, OTHER THAN RATES, ARE SUBJECT TO CHANGE WITHOUT NOTICE.

7. THE POSITIONING OF ADVERTISING IS AT THE DISCRETION OF THE PUBLISHER. HOWEVER, ADVERTISEMENTS WILL BE AS NEAR AS REASONABLY POSSIBLE TO THE ADVERTISER’S LISTING, EXCEPT WHERE A SPECIFIC, REQUESTED, PREFERRED POSITION IS ACKNOWLEDGED BY THE PUBLISHER IN WRITING.

8. CANCELLATIONS OR CHANGES CANNOT BE MADE AFTER THE CLOSING DATE.

9. EDWARDS INFORMATION LLC RESERVES THE RIGHT TO LICENSE ANY THIRD PARTIES TO PUBLISH, REPRODUCE OR DUPLICATE ANY ADVERTISEMENT COVERED BY THIS AGREEMENT. THE PUBLISHER ALSO RESERVES THE RIGHT TO THE SELECTION OF TYPEFACE(S), STYLE AND LOCATION OF ADVERTISEMENTS, AS WELL AS THE ABBREVATION OF NAMES, ADDRESSES, AND/OR MESSAGES WHICH EXCEED COLUMN WIDTHS. THE PUBLISHER IS NOT OBLIGATED TO MAKE A PROOF COPY OF THE ADVERTISING. THE ADVERTISER’S OBLIGATION TO PAY IS NOT CONTINGENT UPON ADVERTISER’S RECEIPT AND/OR APPROVAL OF A PROOF COPY. ADVERTISING MATERIALS SUPPLIED BY THE ADVERTISER WHICH DO NOT FIT OUR STANDARD AD SIZES WILL BE RE-SIZED TO THE NEAREST STANDARD SIZE PAID FOR BY THE ADVERTISER.

10. THE PUBLISHER IS NOT LIABLE FOR ANY MATERIAL SUPPLIED BY ADVERTISERS, INCLUDING THE USE OF TRADEMARKS, LOGOTYPES, SLOGANS, OR OTHER SERVICE MARKS, OR ANY OTHER CLAIMS MADE BY THE ADVERTISER, AND THE ADVERTISER AGREES TO INDEMNIFY AND SAVE HARMLESS THE PUBLISHER IN THE EVENT OF ANY LITIGATION. THE PUBLISHER ACKNOWLEDGES AND THE ADVERTISER AGREES THAT ERRORS, OMISSIONS, DELAYS OR OTHER MISHAPS MAY SOMETIMES OCCUR, AND IN EVENT OF ANY PUBLISHER’S ERROR IN THE CONTENT OF ANY LISTING OR ADVERTISEMENT, THE PUBLISHER’S MAXIMUM LIABILITY SHALL BE LIMITED TO THE AMOUNT CHARGED FOR THAT ADVERTISEMENT. PUBLISHER MAKES NO WARRANTY REGARDING FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. IN NO EVENT SHALL THE PUBLISHER BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS’ FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.

11. NOTHING HEREIN GRANTS THE ADVERTISER ANY RIGHT TO USE THE NAME, TRADENAME, TRADEMARK OR SIMILAR IDENTIFYING INFORMATION OF THE PUBLISHER IN ANY ADVERTISEMENT, SALES PROMOTION OR PRESS RELEASE WITHOUT THE PUBLISHER’S PRIOR WRITTEN APPROVAL.

12. THE PUBLISHER IS NOT LIABLE FOR PUBLICATION OR DELIVERY DELAYS IN THE EVENT OF ACTS OF GOD, STRIKES, OR ANY OTHER CONDITION(S) BEYOND THE CONTROL OF THE PUBLISHER.