Advertising Terms + Conditions

Advertiser and TCWM, by signing an agreement, each acknowledge and agree to the terms of this Agreement as set  forth above and in the Additional Terms. 

8. No Guarantee. TCWM does not guarantee that Advertiser’s purchase of Vendor Community Membership or Magazine Advertisement will generate leads. 

9. Right to Reject, Cancel, or Terminate Orders. TCWM reserves the right at its absolute discretion and at any time to cancel or reject the Material, whether or not the same has already been approved or published.  TCWM reserves the right to remove from its magazine and website matter that subscribers have deemed  objectionable. TCWM, at its sole discretion, may terminate this Agreement for Advertiser’s breach of any of  the terms of this Agreement.  

10. Placement. TCWM reserves the right to display the Material in any order, format, and/or layout at its sole discretion. 

11. Errors or Omissions of Advertisements. In the event of an error or omission in the Material published by TCWM, TCWM’s liability shall be limited to a credit of the amount paid attributable to the space of the error (such credit shall not exceed the total amount paid to TCWM for the Marketing Program), and TCWM  shall have no liability unless the error or omission is brought to TCWM’s attention no later than fifteen (15) days after the Material is first published. However, if a copy of the Material to be published was provided or reviewed by Advertiser prior to publishing, TCWM shall have no liability. In no event shall TCWM have any  liability for any consequential, indirect, incidental, punitive, special, or exemplary damages whatsoever. 

12. License. Advertiser grants TCWM the right and license to use, reproduce, transmit, and distribute all  Material supplied by or on behalf of Advertiser. 

13. Representations and Warranties. Advertiser makes the following representations and warranties:  (a) Advertiser has the authority to use and to grant Advertiser the permission to use any trademark, trade  name, service mark, name portrait, picture, or illustration in the manner and accordance with the Material;  (b) the Material and Advertiser’s publication of the Material do not violate any applicable law or regulations;  (c) the Material and Advertiser’s publication of the Material do not violate or infringe upon any third party’s  right in any manner or contain any material or information that is defamatory, libelous, or slanderous; and  (d) the Material and Advertiser’s publication of the Material do not violate any third party’s right of publicity,  privacy, or personality, and will not result in any tort, injury, damage, or harm. 

14. Indemnification. Advertiser shall defend, indemnify, and hold harmless TCWM and its employees and  representatives against any and all liability, loss, damage, and expense of any nature, including attorneys’ fees  (collectively, “Losses”) arising out of any actual or potential claims for libel, invasion of privacy, harm,  copyright, patent, or trademark infringement, and/or other actual or potential claims or suits that may arise  out of: (a) the copying, printing, publishing, displaying, performing, distributing, or transmitting of the  Material; (b) the products and/or services promoted, sold, presented, and/or contained in the Material;  and/or (c) a breach or alleged breach of Advertiser’s covenants, warranties, representations, and obligations  under this Agreement. 

15. Assignment. Advertiser may not use the Vendor Community Membership or Magazine Advertisement either directly or indirectly for any  business, organization, enterprise, product, or service other than that for which the Vendor Community Membership or Magazine Advertisement is  provided by TCWM, nor shall Advertiser be able to assign this Agreement.  

16. Anti-discrimination. TCWM does not discriminate in the sale of advertising or Material and will not  accept advertising which is placed with an intent to discriminate on the basis of race, gender, ethnicity,  religion, age, or sexual orientation. Advertiser warrants that it is not purchasing a Marketing Package for a  discriminatory purpose. 

Advertiser’s Initials:  

17. Force Majeure. TCWM is not liable for delays in publication in the event of an Act of God, action by a government or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes, labor or  material shortage, a pandemic, or any condition beyond the control of TCWM affecting production in any  manner. 

18. Cost of Collection. In the event TCWM must take action to collect any amount due hereunder,  Advertiser shall pay all TCWM’s reasonable costs and fees, including attorneys’ fees, for such collection  activity. 

19. Choice of Law, Venue, Personal Jurisdiction. Colorado law shall apply exclusively to this Agreement,  without regard to choice of law statutes or other similar laws. The parties agree that exclusive venue for any  action arising in connection with this Agreement shall be in the courts of El Paso County, Colorado, and each  party hereby submits to the personal jurisdiction of such courts. 

20. Severability. Should any provision of this Agreement be held by a court of competent jurisdiction, to be  invalid or unenforceable, such invalidity or unenforceability shall not render the entire Agreement invalid or  unenforceable, and this Agreement and each individual provision hereof shall be enforceable and valid to the  fullest extent permitted by law. 

21. Survival. Paragraphs 3, 4, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 of Agreement shall survive any termination  of this Agreement.