By issuance of this rate card, Publisher offers, subject to the terms and
conditions herein, to accept insertion orders for advertising to be published
in Workforce Management and by their tendering such insertion
order, the advertiser or agency shall indemnify and hold Publisher, its
employees, agents and its subcontractors free and harmless from any expenses,
damages and costs (including reasonable attorney’s fees) resulting in any way
from the Publisher’s compliance with said insertion order (including but not
by way of limitation, from claims of libel, violation of privacy, copyright
infringement or otherwise) and Publisher shall have full right to settle any
such claim and to control any litigation or arbitration as to which it may be
party all at the cost of the agency or advertiser who shall be deemed joint
and several indemnitors and agency warrants that it is authorized to bind,
and does bind, advertiser to such indemnity jointly and severally with the
agency. Publisher reserves the right, in its sole discretion, to discontinue
publication at any time with or without notice, or to defer or cancel the
printing, publication or circulation of any issue, or of the tendered
advertising, and shall not be held liable for any failure to print, publish
or circulate all or any portion of any issue or of the tendered advertising
because of labor disputes involving the Publisher, the printer or others,
transportation delays or embargoes, errors or omissions of employees or
subcontractors, or any circumstances beyond its control. Publisher’s sole
obligation as to any failure or default on its part shall be limited to a
refund of its charges which may have been paid to it or, at its option, to
publish the tendered advertising in the next available issue. The Publisher
reserves the right to accept or reject or omit any advertising for any
reason. No advertising will be accepted which simulates Workforce
Management editorial material.
