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Business Opportunities
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TERMS & CONDITIONS OF ACCEPTANCE 1. For the purpose of these conditions, “Advertiser” shall refer to the Advertiser or his Agent, whichever is the principal. The term “Publisher” refers to Muir Capital, Inc., doing business as Business Opportunities Journal. 2. These conditions shall apply to all advertisement accepted for publication. Unless otherwise indicated, advertisement will run at www.BOJ.com under the appropriate heading and/or the online edition of Business Opportunities Journal. 3. Payment is due when the advertising is accepted. There are no refunds. For month to month listings, Advertiser authorizes Publisher to charge Advertiser’s credit card on each month unless and until Advertiser cancels the listing with advance written notice. 4. All advertisements are accepted subject to the Publisher’s approval of the copy and to the space being available. 5. The Publisher and/or its officers and/or employees/agents shall not be responsible for any loss whatsoever (including any direct, special, incidental or consequential damages) that result from errors, omissions or failure to run ad copy, or from the delay or failure of any advertisement to appear on the date or dates specified in the contract, the Publisher’s discontinuance of any publication in which the advertisement is to appear, or the delay or failure (for whatsoever reason) of any issue of publication to appear. 6. Cancellation, suspension or alteration of an advertisement must be received in writing by the Publisher prior to the 5th of every month for the following month’s issue. 7. The Publisher reserves the right to alter, postpone, suspend or cancel the publication date of any of its publications. 8. Where required, the Advertiser shall supply advertisement copy to the Publisher on the copy date specified in the Rate Card by the individual publication (s) in which the advertisement is to appear. 9. All advertisement material originated by the Publisher remains the Publisher’s copyright. 10. Advertiser warrants and represents that it has the right to use, publish, reproduce distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works of Advertiser’s artwork and the advertising for publication on Advertiser’s behalf by Publisher, now or in the future. Advertiser grants a permanent license to Publisher to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works of the advertising for publication by Publisher in the specified publication(s). Advertiser represents and warrants that the advertising does not infringe any third party intellectual property rights. If Publisher determines in its sole discretion that Advertiser’s representations in this section 10 may be in question, Publisher may cancel the advertising immediately, without liability. Advertiser may not reproduce any part of the publication(s) for any purpose without the express written permission of Publisher. Publisher owns the copyright in and to the Business Opportunities Journal, Franchise Opportunities Journal, and Real Estate Journal and Publisher websites and owns the trademark to “Business Opportunities Journal” and “Franchise Opportunities Journal”. 11. The contract shall be governed and construed in accordance with the laws of California and the Publisher and Advertiser hereby agree to submit to the exclusive jurisdiction of California.