The New Orleans Renter’s Guide (NORG) Advertising Terms & Conditions

1. Materials will not be returned to Advertiser unless specifically requested by Advertiser. Materials will be discarded after six (6) months. 2. Payment is to be made with insertion order except for credit-approved advertisers, who may receive 30-day terms. Payment in-full is due within thirty (30) days of the initial invoice date. Advertising privileges will be suspended on accounts over 60 days past due. All expenses and legal fees incurred in collecting outstanding invoices will be paid by the Advertiser. The New Orleans Renter’s Guide (NORG) reserves the right to require payment in advance of publication. 3. Deadlines. Advertiser shall submit to NORG all advertising and editorial materials not later than fourteen (14) days prior to publication. Alterations requiring additional work will be charged at current rates. When no other copy is provided by Advertiser by the closing date, NORG may insert previous advertisement from NORG magazine. Insertion orders are binding after closing dates. Cancellations must be received no later than 5 days after the Space Reservation Due date. Advertisers canceling after this date will be billed for space ordered. No cancellations are accepted after closing dates without written agreement from NORG. 4. Right to Reject. NORG reserves the right to reject any advertisement at any time after receipt of proof of text, copy and/or illustrations, even though a prior similar order may have been approved. NORG shall have the right to omit any advertisement when the space allotted to advertising has been filled. Unintentional or inadvertent failure to publish advertising invalidates the insertion order for that issue only. Failure of NORG to insert any advertisement shall be considered immaterial and shall not constitute a breach of this Agreement, nor shall NORG be liable for damages thereof. In such event, Advertiser shall have the option of having such advertisement printed in a future issue under these Terms and Conditions or of having no charge for such advertisement not inserted. Advertisements already run shall be paid for at rates in the Rate Card. NORG reserves the right to require any advertising to be labeled "advertisement." 5. Liability. NORG shall not be liable for any damages for failure to fulfill an order for any reason whatsoever, including but not limited to labor disputes, strike, war, riot, insurrection, civil commotion, fire, flood, accident, storm, act of God, or any other circumstances. In such event, Advertiser’s sole remedies shall be those in paragraph 4 above. 6. Special Placement. Any specification or order for the use or non-use of any particular page or position where the advertisement is to be inserted shall be treated as a request only, and NORG shall not be obligated to comply with said request. In the event said request for position is granted, Advertiser shall pay an additional position charge. 7. Out Clause. Either party may cancel this contract provided that 60-days notice is given in writing and signed by a duly authorized officer, employee or other representative of the respective parties. 8. Non-Payment. NORG reserves the right to cancel this Agreement at any time upon Advertiser’s failure to pay any bill when due. 9. Legal Fees. In the event NORG must employ an attorney to collect sums due hereunder or to enforce compliance by Advertiser with any of the terms of this Agreement, Advertiser shall pay to NORG attorney’s fees and other costs incurred by NORG in connection with any legal actions and appeals thereof. 10. Advertisers will be short rated if, within a 12 month period from the date of the first insertion, they do not use the amount of space upon which their billing has been based. 11. Indemnity. Advertisers who utilize third-party design firms (advertising agencies, freelance graphic designers, etc.) for advertisement design and production shall indemnify NORG and hold NORG harmless from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against NORG on grounds alleging that any advertisement submitted hereunder by or on behalf of Advertiser violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights. Advertiser agrees at Advertiser’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against NORG, provided that NORG shall promptly notify Advertiser with respect thereto. The Advertiser shall reimburse NORG for any amount paid by NORG in settlement of claims or in satisfaction of judgments obtained by reason of publication of such advertising copy, together with all expenses incurred in connection therewith, including but not limited to, reasonable attorney’s fees and court costs. 12. This writing contains the entire Agreement of the Parties. No representations were made or relied upon by either party, other than those expressly set forth in this Agreement. No agent, employee or other representative of either party is empowered to alter any of the terms hereof, unless done in writing and signed by a duly authorized officer, employee or other representative of the respective parties. 13. Severability. Should any of the provisions of this Agreement be found to be in violation of applicable law, the remaining provisions shall be in full force and effect. 12. Attorneys' Fees and Costs. In any litigation, including breach, enforcement or interpretation, arising out of or associated with this Agreement, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses through any appeal. 14. This Agreement shall be construed under the laws of the state of Louisiana. Venue for any legal actions regarding this Agreement shall be in the state of Louisiana. 15. NORG statement of policy regarding authors of articles and advertising featured in NORG publications and Speakers and Exhibitors at NORG meetings. HWC Enterprises, LLC expects all NORG members and others featured as authors or advertisers in NORG publications, or exhibitors or speakers at NORG meetings to be in full compliance with the NORG Code of Standards & Ethics. NORG reserves the right to refuse publication of questionable articles or advertisements in any of its publications, to prohibit or remove from its trade shows whole exhibits or any exhibit merchandise or materials of any kind that raise any issues of ethics and to refuse or cancel the appearance by any speaker determined to have advocated, been engaged in or associated with unethical conduct. All authors, advertisers, exhibitors and speakers appearing in NORG publications or meetings are hereby on notice of this policy and accept any invitations, agreements and contracts subject to it. As a consequence of this policy, all such persons or companies agree that their sole recourse against NORG for any exclusion pursuant to this policy shall be refund of monies paid for advertising or exhibit space. Further, there shall be no claim for refund for exhibit space where exhibit materials or merchandise excluded was incidental to the purpose of the exhibit.