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Terms and Conditions

  1. Advertiser acknowledges receipt, understanding and agreement with respect to these terms and conditions.
  2. Jewish Post reserves the sole discretion and right to publish advertising that in its opinion does not conform to the reasonable standards of its publication that may subject Jewish Post to claims of liability to third persons or that is unacceptable to Jewish Post for any other reason.
  3. It is understood that Jewish Post sells all advertising space, on a non-cancelable and non-refundable basis. If Advertiser fails to comply with its obligations under this Agreement, Jewish Post may terminate this Agreement, and Advertiser shall compensate Jewish Post for all damages directly or indirectly resulting as a consequence of Advertiser's default. In addition to payment of all amounts due for advertisements already inserted, Advertiser shall pay to Jewish Post, as liquidated damages, within 10 days after the date of termination, an amount equal to 100% of the fee that would have been payable at the Contract Rate for advertisements that would have been inserted after the date of termination if Advertiser had complied fully with its obligations hereunder. Advertiser's obligation shall continue in full force and effect following termination of this Agreement. If Advertiser fails to meet the terms of its contract, in any manner, such as untimely payment or failure to timely meet the publication time constraints, Jewish Post may at its discretion run a prior advertisement in that space, or resell the Premium Position with no offsetting refund to Advertiser. Terms are NET 10 days if Jewish Post approves credit. All overdue amounts will be subject to a late charge of 1.5% of the unpaid balance and a further late charge at the monthly rate of l .5% (18% per year) until paid. Advertiser shall pay such charges, plus all costs of collection-including reasonable attorney's fees-incurred by Jewish Post in the collection thereof. Advertiser shall give written notice to Jewish Post (attention Credit Manager) promptly after Advertiser's receipt of any invoice or statement if Advertiser objects thereto.
  4. Jewish Post reserves the right not to extend credit, or to continue to extend credit, to Advertiser.
  5. Jewish Post shall not assume liability or responsibility for any loss of profits sustained by advertiser by way of Advertiser's advertisement not being published due to the Advertiser's failure to fulfill its obligation as listed in this agreement.
  6. Jewish Post's obligation to publish is subject to labor disputes, accidents, fires, acts of God or other contingencies beyond its control. If any such event shall occur, the ending issue specified in the Insertion Schedule shall be changed to such later date as shall reflect the duration of the event. If Jewish Post, with or without good cause, fails to publish any advertisement of Advertiser, Jewish Post's sole liability, if any, shall be limited to the obligation to publish another advertisement at a later date.
  7. Jewish Post shall have no liability of any kind to Advertiser on account of errors or omissions made by Jewish Post including, but not limited to, content or quality in any advertisement. Notwithstanding such errors or omissions, Advertiser shall pay Jewish Post in accordance with the terms of this Agreement. Jewish Post may, in its discretion, however, afford Advertiser, without charge, advertising space in addition to that specified in the Insertion Schedule in an amount to be determined by Jewish Post. In any event, Advertiser shall give written notice to Jewish Post (attention Advertising Director) within seven (7) days after publication of any advertisement containing any errors or omissions made by Jewish Post.
  8. This Agreement constitutes the entire agreement between Jewish Post and Advertiser and may not be canceled, modified, amended or supplemented except pursuant to a duly written instrument executed by both parties.
  9. Advertiser and any Guarantor or advertising agency executing this Agreement in the name and on behalf of Advertiser, hereby jointly and severally unconditionally guarantees to Jewish Post the full and prompt performance by Advertiser of its obligations hereunder.
  10. This Agreement has been entered into the New York County in the State of New York and applicable New York law shall govern it. Any judicial action relating to this Agreement shall be adjudicated in the State of New York. If any provision of this Agreement is declared illegal or unenforceable by a court of competent jurisdiction and it cannot be modified to be enforceable, that provision will become null and void, leaving the remainder of this Agreement in full force and effect.