Advertising

Terms and Conditions

Revised January 1, 2008

All advertisement accepted for publication by LoveMyGym.com, Inc. is subject to the following terms and conditions, which the advertisement buyer agrees to by any of these actions: purchasing, agreeing to purchase, reserving space, providing the advertisement materials, or otherwise communicating its intent to be an active advertiser.

The party or parties (hereinafter called "ADVERTISER") placing advertisements (hereinafter called "ADVERTISEMENT") and
LoveMyGym.com (hereinafter called "PUBLISHER"), by accepting the ADVERTISER's order to publish advertising in the PUBLISHER's Web site (hereinafter called "PUBLICATION"), hereby agree to the following terms and conditions:

1. Only these terms and conditions and PUBLISHER'S rate card shall be binding upon the PUBLISHER and ADVERTISER. PUBLISHER shall not be bound by any conditions, appearing on ADVERTISER'S insertion orders, agency forms, copy instructions, or otherwise which conflict with the provisions appearing in this contract and PUBLISHER'S applicable rate card. All terms and conditions are subject to change by PUBLISHER without notice.

2. PUBLISHER reserves the right to exclude any ADVERTISEMENT which, in its opinion, does not conform to the standards of the PUBLICATION. ADVERTISERS are not allowed to quote this PUBLICATION's reviews or ratings in advertisements submitted for publication herein, without the PUBLISHER'S prior written consent. ADVERTISEMENT must be clearly and prominently identified by a trademark and/or signature of ADVERTISER. The word "advertisement" shall be printed at either the top or the bottom of advertisements, which, in the opinion of the PUBLISHER might be confused with editorial pages.

3. The subject matter, form, size, wording, illustration, photography, (and if applicable, color) and typography of ADVERTISEMENT shall be subject to the approval of PUBLISHER, but unless otherwise authorized in advance, no
change(s) shall be made without the written consent of the ADVERTISER. If PUBLISHER is unable to provide ADVERTISEMENT in the type or style requested, it may publish ADVERTISEMENT in such other type or style as, in its opinion, most nearly corresponds, and the advertisement may be inserted without submission of proof unless proof before insertion is requested on the face of the insertion order.

4. PUBLISHER does not accept responsibility for the quality of any ADVERTISEMENT supplied by ADVERTISER or its agent which does not meet PUBLISHER's mechanical specifications and/or is not provided by stated deadline. PUBLISHER reserves the right to alter any film, mechanical, digital file, text message, or other material which does not meet said specifications. In the absence of a suitable ADVERTISEMENT, PUBLISHER may create new graphic and/or text ADVERTISEMENT based on its best knowledge of ADVERTISER's product/service. ADVERTISER or its agent will be charged for all production work, including graphic art and design services, digital work, copywriting, typesetting, halftones, reverses, artwork(s). Services provided by the PUBLISHER will be billed at the prevailing rates, and no
commission will be allowed on such charges.

5. All orders are accepted subject to acts of God, fires, strikes, accidents, action of government entity, or other occurrences beyond PUBLISHER'S control, which prevent PUBLISHER from partially or completely producing, publishing, or distributing its PUBLICATION.

6. ADVERTISER agrees to pay for all ADVERTISEMENT published by the PUBLISHER in accordance with the PUBLISHER'S applicable rate card. Payment in full is due at space reservation deadline, unless credit has been approved in advance. All new ADVERTISERS must pre-pay first insertion. When credit has been granted, all payment is due within authorized credit terms from the invoice date. If payment is not made according to credit terms, ADVERTISER will be rebilled at the contracted date. Interest is 2% per month (24% per annum) and shall accrue on past due balances. At 90 days past due, bill will be turned over to collections at the open gross rate. If ADVERTISER is an agency, ADVERTISER'S clients will be billed directly upon default of ADVERTISER and client by appointment of ADVERTISER as its agent, expressly agrees to indemnify PUBLISHER for ADVERTISER'S default. PUBLISHER will render bills to ADVERTISER not less than monthly but failure to bill shall not constitute a breach of contract. If ADVERTISER defaults in payments of bills or if in the judgement of the PUBLISHER, ADVERTISER'S credit becomes impaired, PUBLISHER may require payment in advance. ADVERTISER and agency are jointly separately liable for all charges.

7. If ADVERTISER places fewer ADVERTISEMENTs than contracted for within the contract period, then the ADVERTISER will be liable for additional charges based on the actual earned rate. If ADVERTISER places a greater quantity than contracted for, ADVERTISER may receive a rebate based on actual earned rate upon request and if applicable. Any rebates will be refunded by PUBLISHER upon full payment of contract by advertiser.

8. PUBLISHER retains the right to alter any of its PUBLICATIONs in any way, including changing the name, format, style, frequency, schedule, medium and mission. PUBLISHER will provide reasonable notice to ADVERTISER, who will have the right to change or terminate any advertising contract which is reasonably affected by the change; however ADVERTISER remains responsible for full payment for any ADVERTISEMENT published prior to the change.

9. Cancellations for space will not be accepted unless received ten (10) days prior to the space reservation deadline of that issue. If ADVERTISER fails to provide materials in time to meet the published deadline of an issue in which he has ordered space, PUBLISHER will charge the ADVERTISER at the regular rate for the space reserved and payment will be due. On reserved space, if no new material is received prior to art deadline for that issue, the PUBLISHER reserves the right to repeat the ADVERTISER'S last ADVERTISEMENT or run a "house ad" at the ADVERTISER'S expense.

10. ADVERTISER agrees to prepay transportation and import charges on all materials sent to the PUBLISHER. If such charges are not prepaid, PUBLISHER may either reject the material or accept it and pay the charges. In the latter case, ADVERTISER shall promptly reimburse PUBLISHER.

11. All position stipulations appearing on orders will be treated as requests except for cover orders and positions secured by 12x contracts which have been guaranteed in writing by PUBLISHER. PUBLISHER'S liability for any error will not exceed the charge for the ADVERTISEMENTs in question. PUBLISHER will not be liable for errors in Advertising Index.

12. PUBLISHER'S liability is limited only to the direct cost of the advertisement and not for indirect or subsequent damages due to loss of business or profit, no matter what the circumstances or notifications.

13. ADVERTISER agrees to indemnify, defend and hold harmless PUBLISHER against any judgements, costs, expenses or disbursements incurred by reason of libelous statements, violation of right of privacy, copyright infringement or any other claim(s) or suit(s) arising in connection with ADVERTISEMENTs contracted according to the terms herein.