Advertising Terms & Conditions

a. “Publisher” means Bloomington Magazine Inc., which publishes Bloom Magazine.

b. “Advertiser” means the business or individual person seeking advertising services from Publisher.

c. “Guarantor” means the individual person signing on behalf of an Advertiser that is a business, if any.

d. “Service Order” means the request by Advertiser for the publication of advertisements that has been accepted by Advertiser.

e. “Agreement” means a Service Order together with these Advertising Terms & Conditions.

f. Advertiser is responsible for providing ad copy and artwork that is finished, ready to print, and meets agreed specifications. Publisher is not responsible for errors or omissions in the ad/copy/materials provided by or approved by Advertiser.

g. Advertisements are accepted upon the representation that Advertiser has the right to publish the advertisement under federal and state laws. The Advertiser agrees to indemnify and hold Publisher harmless against any expense or loss by reason of any third-party claims arising out of publication.

h. Publisher offers some advertising services for which payment is due at the time it receives a Service Order. For these services, Publisher has no obligation to take any action if payment in full is not received at the time Publisher receives the Service Order.

i. All other advertising services offered by Publisher are subject to payment net 30 days from invoice. This means payment is due thirty days after the date on the invoice. Unpaid accounts are subject to a late-payment finance charge computed at 1.5% per month (18% annual rate) on any balance remaining 30 days after the billing date.

j. Contents of all advertisements are subject to Publisher’s approval. Publisher reserves the right to reject or cancel any advertisement, Service Order, insertion order, space reservation, or position commitment at any time without cause. Publisher reserves the right to insert the word “advertisement” above or below any copy.

k. Positioning of advertisement is at the discretion of the Publisher, except where Publisher has accepted a special position order.

l. The Agreement, as defined above, sets forth the entire agreement of the parties, and it supersedes any previous agreement or understanding. No conditions other than those set forth here will be binding on the Publisher unless specifically agreed to in writing by the Publisher. Publisher will not be bound by conditions printed or appearing on order blanks or copy instructions that conflict with the Agreement.

m. If a court determines that any term in the Agreement is not enforceable, then the remaining terms shall still be binding upon the parties.

n. Advertiser recognizes that advertising is a short turn-around business and that advertisements cannot necessarily be moved to a different issue or section and cannot be cancelled except as provided below. Accordingly, Publisher’s damages in the event Advertiser breaches its duties the Agreement is payment in full. The parties expressly agree that Publisher may recover payment in full as stated on a Service Order without further proof of damages and regardless of whether other evidence might be interpreted to show actual damages are greater or less than payment in full.

o. For example: Advertiser is responsible for payment in full if ads or materials are received in unprintable form, if they are received too late for publication, and/or if Advertiser is unable to cure objectionable defects contained in the material by the publication deadline. If no materials are received by the deadline, then Publisher will repeat prior ads from the Advertiser when possible.

p. Any partial or full cancellation of a Service Order shall not be valid unless received 180 days prior to the planned publication date.

q. Advertiser agrees that Publisher may satisfy its obligations under a Service Order by publishing an advertisement in a subsequent issue or at a later date, so long as publication occurs within 180 days of the planned publication date. Publisher agrees to use good faith efforts to avoid or minimize any delay in publication.

r. The liability of Publisher arising out of or in connection with the Agreement shall not exceed the amount of payment actually collected by Publisher from Advertiser with respect to the Agreement.

s. In no event shall Publisher be liable to Advertiser for indirect, special, punitive incidental, or consequential damages of any kind, including but not limited to profits, actual or projected revenues, business harm, regardless if the action is based on warranty, strict liability, tort, negligence of any kind, nonperformance, termination, action or inaction for any reason even if Advertiser advises Publisher of the possibility of such loss or damage. Advertiser agrees that this limitation set forth in this section is integral to the charges for advertising services and if Publisher were to assume any further liability than set forth herein, its charges for advertising services would be substantially higher.

t. If Advertiser breaches any term of the Agreement (e.g. by late payment or nonpayment), then Publisher reserves the right to immediately cease publication of Advertiser’s advertisement.

u. The parties agree to use good faith efforts to resolve any payment dispute or other dispute arising under the Agreement.

v. In the unlikely event that the parties cannot resolve a dispute informally, then Publisher shall be entitled to recover from Advertiser all reasonable attorney fees, court costs, and other collection costs required to resolve the dispute.

w. The Agreement is governed by the laws of the State of Indiana. The parties agree that any action arising out the Agreement shall be brought in an Indiana state court located in Monroe County, Indiana, or in a federal court having jurisdiction over Monroe County, Indiana.

x. No failure to exercise, partial exercise, or delay in exercising any right under the Agreement shall be a waiver of that right or shall prevent Publisher from insisting upon strict compliance with the Agreement in the future.

y. IMPORTANT: By signing a Service Order on behalf of an Advertiser that is a business, Guarantor agrees to be liable individually for full payment under the Service Order. Guarantor unconditionally guarantees to Publisher the performance and observance by the business of all terms and responsibilities under the Agreement.