♦ Advertisements are accepted upon the representation that the advertiser and its agency have the right to publish the contents thereof.

♦ All contents of advertisements are subject to publisher’s approval. Publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time. There is no guarantee of results for advertising accepted.

♦ All insertion orders are accepted subject to the provisions of our current rate card. Rates are subject to change upon notice from the publisher. Should a change in rates be made, space reserved may be cancelled by the advertiser or its agency at the time the change becomes effective without incurring short-rate charges, provided the advertisements published to the date of cancellation are consistent with the appropriate frequency or volume rate. Cancellation of space reservations for any other reason in whole or in part by the advertiser will result in an adjustment of the rate (short rate) based on past and subsequent insertions to reflect actual space used at the earned frequency or volume rate.

♦ Conditions, other than rates, are subject to change by publisher without notice.

♦ Publisher shall have the right to hold advertiser and/or its agency jointly and severely liable for such monies due and payable to the publisher for advertising that advertiser or its agent ordered and that advertising was published. If it should become necessary for AAKP to initiate legal proceedings to collect any balance due, advertiser and/or its agency agrees to the jurisdiction of and venue of appropriate courts located in Tampa, Fla. Advertiser and/or its agency shall also pay a reasonable attorney’s fee for AAKP’s counsel to be fixed by the court and all other collection costs.

♦ If advertising materials are received past due date, publisher is not responsible for position, reproduction of late materials, coupon positioning or publishing.

♦ Insertion instructions shall be supplied for every advertisement and shall clearly state the following: name of publication, name of advertiser, date to be inserted, size of advertisement, identification of advertisement (proof ad to be furnished if possible) plus any special instruments such as bleed, color, etc.

♦ No conditions, printed or otherwise, appearing on the space order, billing instructions or copy instructions that conflict with the publisher’s stated policies will be binding to the publisher.

♦ Space orders wherever possible should specify a definite schedule of insertions, issues and sizes of space.

♦ The forwarding of an order is constructed as an acceptance of all rates and conditions under which advertising is sold at the time.

♦ Contracts may be discontinued by either party 30 days written notice for any further insertions.

♦ Cancellation of space order forfeits the right to position protection.

♦ Publisher refuses the right to give better position than specified in the order, at no increase in rate.

♦ Advertiser and advertising agency agree to indemnify, defend and save harmless the publisher from any and all liability for content (including text, illustrations, representations, sketches, maps, trademarks, labels or other copyrighted matter) of advertisements printed or unauthorized of any person’s name or photograph arising from the publisher’s reproduction of publishing of such advertisements pursuant to the advertiser’s or agency’s order. The publisher reserves the right to reject, discontinue or omit any advertising or any part thereof. This right shall be deemed waived by acceptance or actual use of any advertising matter.

♦ Publisher is not liable for delays of the publication in delivery and/or non-delivery in the event of an act of God, action by any government or quasi-government entity, fire, flood, insurrection, riot, explosion, embargo, strikes, whether legal or illegal, labor or materials shortage, transportation interruption or any kind of work slowdown, or any condition beyond the control of publisher affecting production of delivery in any matter.

♦ The publisher’s liability for any error will not exceed the charge for the advertisement in question.

♦ Failure to make the order correspond in price or otherwise with the rate schedule is regarded only as a clerical error and publication is made and charged for upon the terms of the schedule in force without further notice.

♦ Publisher reserves the right to limit the size of the space to be occupied by an advertisement.

♦ When change in copy, covered by an uncancelled insertion order, is not received by closing date, copy run in the previous issue will be inserted.

♦ Advertisements offering prizes, or contents of any nature, are accepted provided prior approval has been obtained from the Post Office at place of publication entry.

♦ Advertisements ordered set and not used will be charged for compositions.

♦ No conditions other than those set forth here shall be binding on the publisher unless specifically agreed to in writing by the publisher. Publisher will not be bound by conditions printed or appearing in order blands or copy instructions that conflict with provisions stated here.

As used in this section entitled “General Policies” the term “publisher” shall refer to the American Association of Kidney Patients.