A signed contract must be submitted to Hawaii Automotive Consumer Guide (HawaiiACG) ten days in advance of initial publication date. By submitting advertising for inclusion on HawaiiACG's web site, the advertiser agrees to be bound by the terms and conditions of this contract. No conditions other than those set forth herein shall be binding on HawaiiACG unless specifically agreed to in writing by HawaiiACG. HawaiiACG will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the advertiser. This contract supersedes all terms and conditions on HawaiiACG's rate card.

HawaiiACG's rate card shall be forwarded when the advertiser agrees to these terms and conditions and completes the advertising request form. All artwork must be received at least fourteen days in advance of publication date.

Cancellations or copy changes will not be accepted after the published closing date of the update to the HawaiiACG web site. HawaiiACG must receive changes to artwork at least seven days in advance of the requested change date. Any cancellations or change orders must be made in writing and acknowledged by HawaiiACG. Changes cannot be submitted any more frequently than once every fourteen days.

The HawaiiACG, the advertiser, or agency on thirty days notice to the other party may cancel this contract. Unless otherwise agreed in writing, payments due to HawaiiACG are 50% of first month's fees when the advertiser executes the contract and 50% upon publication. If payment is not made timely, HawaiiACG at its option may terminate the contract. In addition, advertiser shall be liable to HawaiiACG for all attorney's fees and other costs of collection. Interest will accrue on any past due amounts at the rate of one and one-half (1 1/2%) percent per month, but not in excess of the lawful maximum. HawaiiACG shall have the right to hold the advertiser severally liable for all amounts due.

If HawaiiACG fails to provide the guaranteed number of impressions, HawaiiACG will make good on this contract by providing advertiser with additional impressions. HawaiiACG will not make good for under-delivery due to delays caused by advertiser. The advertiser understands that all frequency discounts are based on the advertiser's commitment to fulfilling the frequency indicated in the contract. If, for any reason, this frequency is not met by the time of expiration or cancellation of the contract, the advertiser agrees to pay a short rate charge on all ads run. This charge will be equal to the difference between the rate shown in the contract and the rate earned based on the applicable rate card for the actual frequency completed.

At the expiration of a contract for a guaranteed number of impressions, provided the contract is for a length of time 180 days or longer, the advertiser has the right to renew the contract for the same number of impressions for a second contract period identical in duration to the first. The purchase price for a second contract period will be determined by HawaiiACG's then current rate card. In order to exercise the right of renewal, advertisers must notify HawaiiACG in writing fourteen days before the termination date of this contract that the advertiser is purchasing the same contract for the second contract period. Failure to give timely notice will result in forfeiture of the right to renew.

HawaiiACG reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links for any reason at anytime, with or without notice to the advertiser and whether or not such advertisement or link was previously acknowledged, accepted, or published.

HawaiiACG shall not be liable for any errors in content or omissions. Should an error appear in an advertisement, HawaiiACG's liability will be limited to the cost of the advertisement (pro rated for the publishing completed).

HawaiiACG will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, action by any government entity, transportation, strike, network difficulties, electronic malfunction, etc. or any feasibility, reliability, or effectiveness related to the HawaiiACG web site.

HawaiiACG does not represent or warrant that the HawaiiACG web site will meet the objectives or needs of advertiser, agency or any third party.

In no event will HawaiiACG be liable for any failure, disruption, down time, interruption, miscalculation, delay, inaccuracy, or any other non-performance related to the HawaiiACG web site.

UNDER NO CIRCUMSTANCES WILL HAWAIIACG BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF HAWAIIACG HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

This contract shall be interpreted and construed in accordance with the laws of the state of Hawaii, without regard to its conflicts of laws provision, and with the same force and effect as if fully executed and performed therein. Each party hereby consents to the personal jurisdiction of the State of Hawaii, acknowledges that venue is proper in any State or Federal court in the State, agrees that any action related to this Agreement must be brought in a State or Federal court in the State of Hawaii, and waives any objection that may exist, now or in the future, with respect to any of the foregoing.

This contract cannot be sold, assigned or transferred by the advertiser, agency to any party. If any portion of the contract is found unenforceable for any reason, the remainder will remain in full force and effect.

No waiver by HawaiiACG shall operate as a waiver of any other provision or any subsequent default. These terms represent the entire agreement of the parties; HawaiiACG will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorized representative of HawaiiACG.

If you have a question or comment about our Advertising Terms, you may contact us via the following methods.

Hawaii Automotive Consumer Guide
Attention: Advertising Dept.
914 Ala Moana Street, Suite 200
Honolulu, Hawaii 96814

Tel: 808.531.9891
Fax: 808.536.5134
E-mail:

Last Modified on January 13, 2002

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