Payment Terms
A signed insertion order or electronic payment must be returned to The Rchitect Group, LLC (“TRG”), Parent Company of DIGITALGUESTLIST™ (“DGL”) before any advertising will be posted. Verbal agreements will not be accepted as confirmed advertisement reservations. Any form of payment certifies receipt and agreement of TRG advertising Terms and Conditions set forth below. All checks, money orders, cashier’s checks, etc. submitted must be made payable to THE RCHITECT GROUP, LLC. TRG’s invoices are due upon invoice presentation. Invoices for which payment is not received within thirty (30) days of the invoice date shall accrue a late charge of the lesser of (i) 1½% per month or (ii) the highest rate allowable by law, in each case compounded monthly to the extent allowable by law. Without limiting its rights or remedies, TRG shall have the right to suspend or terminate entirely its services if payment is not received within thirty (30) days of the invoice date.

Terms and Conditions
1. TRG requires 3 business days to post advertising materials once received, provided materials are created in accordance to specifications defined. Changes and/or corrections also require 3 business days to implement from the time they are received by TRG. Unless deemed inappropriate, or unsuitable for publishing, all marketing materials shall be displayed as submitted by the Advertiser or Agency. TRG shall NOT be held responsible for incorrect information submitted.
2. No discounts are allowed to advertisers with overdue accounts.
3. TRG reserves the right to refuse advertising to advertisers with overdue accounts. Overdue accounts will be charged a 1.5% per month (18% per year) finance charge, and are subject to collection. Advertisements are accepted upon the representation that the advertiser has the right to publish the contents thereof. It is understood that the advertiser will indemnify and hold TRG harmless from or against any loss or expense arising out of publication of such advertisements, including, but not limited to, those resulting from claims of suits of libel, violation of rights of privacy, plagiarism, and copyright infringements.
4. All contents of advertisements are subject to TRG’s approval. TRG reserves the right to reject or cancel any advertising for any reason at any time.
5. Positioning of advertisements is at the discretion of TRG except where a request for a specific preferred position is acknowledged by TRG in writing.
6. TRG shall not be liable for any cost or damages if for any reason it fails to publish an advertisement.
7. TRG shall have no liability for error in ad copy typeset by TRG.
8. All insertion orders are accepted subject to provisions of TRG’s media kit and Consulting Agreement.
9. Rates are subject to change without notice. Advertisers are protected against rate changes for the duration of the term of the returned invoice.
10. Any cancellation of a campaign must be made in writing 7 calendar days before the start of the campaign. Cancellation of a campaign due to start in less than 14 days will result in a charge of half of the invoiced amount of the cancelled items.
11. Cancellation of a campaign 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 campaign run at the earned frequency rate.
12. TRG shall have the right to hold an advertiser and/or its agency jointly and severally liable for such monies as are due and payable to TRG for advertising that the advertiser or agency ordered and that was published.
13. TRG’s liability is limited only to direct cost of the advertisement and not for indirect or subsequent damages due to loss of business or profit.
14. TRG accepts no responsibility for loss of traffic to website. Forward looking statements pertaining to site traffic are best faith estimates based upon past performance.
15. Terms and Conditions are subject to change by TRG without notice.

ORDERS FOR ADVERTISEMENTS: All orders or other requests for advertising, whether from an advertiser ("Advertiser"), or as applicable from an advertising agency or agent on Advertiser’s behalf ("Agency"), are governed by these standard terms and conditions. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with such orders, including without limitation those contained on or accompanying checks or other forms of payment, shall be binding on The Rchitect Group, LLC ("TRG"), whether in conflict with or addition to these standard terms and conditions. Orders which quote rates which vary from the rates listed in this invoice shall not be binding on TRG, and shall be deemed requests for advertising at then-current rates. Unless otherwise indicated in writing, orders are binding on Client, Advertiser, and/or Agency and not subject to cancellation upon and after sixty (60) days prior to first scheduled publication without a cancellation fee equal to the lessor of the invoiced product price or three months advertising charges. TRG reserves the right to modify advertisements in order to fit specifications.

ACCEPTANCE: TRG’s offer to publish advertisements for Advertiser and Agency is made on these standard terms and conditions only, and the placement or other communication of an order for advertising with TRG will constitute Advertiser’s and Agency’s unconditional acceptance of these standard terms and conditions. TRG reserves the right to reject or cancel any advertising at any time in its sole discretion. Failure by TRG to publish any requested advertisement shall constitute rejection of the order for such advertisement, but does not constitute a breach of contract or otherwise entitle Advertiser and Agent to any legal remedy.

COMMITMENT; PAYMENT TERMS: By submitting an order for advertising to TRG, Advertiser and Agency agree to be jointly and severally liable for the cost of such order.

GENERAL PROVISIONS: These terms and conditions are governed by the laws of the State of Florida, USA. Advertiser and Agency consent to the exclusive jurisdiction and venue of courts in Leon County, Florida for all disputes arising out of or relating to the subject matter hereof. The prevailing party in any dispute concerning the subject matter hereof shall be entitled to recover its reasonable attorney’s fees and costs. No joint venture, partnership, employment, or agency relationship exists between Advertiser and/or Agency and TRG. These terms and conditions shall be the sole terms and conditions governing the parties relationship with respect to the subject matter hereof, and shall supersede and merge all prior and contemporaneous communications. TRG shall not be deemed to have waived or modified any of these terms and conditions except by a writing signed by its duly authorized representative. Neither Advertiser nor Agency may assign its rights hereunder to any third party unless TRG expressly consents to such assignment in writing. In the event that any provisions shall remain valid and enforceable, and the unenforceable provisions shall be deemed modified to the extent necessary to make them enforceable. TRG may send electronic mail to Advertiser and/or Agency for any notices or notifications. All notices to TRG relating to any legal claims or matters must be made in writing to TRG PO Box 7214 Tallahassee, FL 32314-7214.

LINKS TO INTERNET SITES: Advertiser and Agent each warrant and represent to TRG that each internet site identified by URLs in advertisements: (i) is controlled by Advertiser and operated by Advertiser and/or its independent contractors, (ii) will be functional and accessible at all times, and (iii) is in compliance with all applicable laws and regulations, and suitable in all respects to be linked to from TRG’s site containing the advertisement. TRG may test Advertiser’s URLs, and in TRG’s sole discretion may remove any URLs at any time that fail to comply with the above requirements.

NO REPRESENTATIONS OR WARRANTIES; NO DAMAGES: TRG’s SERVICES THAT ARE THE SUBJECT OF THESE TERMS AND CONDITIONS ARE PROVIDED WITHOUT WARRANTIES OF ANY NATURE, AND TRG DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITILY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TRG BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR INAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IF TRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRG BE LIABLE TO ADVERTISER AND/OR AGENCY FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY TRG FROM ADVERTISER AND/OR AGENCY FOR THE ADVERTISEMENT(S) AT ISSUE.

NO USE OF TRG’S NAME: In consideration of TRG’s review for acceptance of any advertising for publication, both the Advertiser and Agency each agree not to make promotional or merchandising reference to TRG in any way except with the express written permission of TRG for each such use.

POSITIONING STYLE: All order provisions regarding positioning of advertisements shall be treated as requests, which requests shall be fulfilled at TRG’s sole discretion. Advertisements that simulate TRG editorial matter in appearance or style, or that are not readily identifiable as advertisements, are not acceptable. TRG may in its sole discretion label an advertisement as an "advertisement" for clarification.

RATE CHANGES: All TRG advertising rates are subject to change at TRG’s sole discretion. TRG will use commercially reasonable efforts to announce all advertising rate changes at least sixty (30) days in advance of their effective date. Advertiser or Agency may cancel any order for advertisements affected by any rate change within fourteen (14) days of when the notice of rate changes is sent, notwithstanding the normal cancellation requirement above.

RENEWAL: (For monthly customers) 30 days prior to the end of the 12 month contract, TRG will contact Advertiser or Agency regarding a new 12 month contract at the then specified terms and rates. Advertiser or Agency may cancel or modify this renewal contract within 30 days of when the notification is sent of given in person. Otherwise, the renewal contract will become effective immediately following the expiration of the previous agreement, and all the Terms and Conditions of the previous agreement shall apply to the renewal contract.

RESPONSIBILITY FOR ADVERTISEMENTS: Advertiser and Agency represent and warrant to TRG that each are fully authorized to publish the entire contents and subject matter of all requested advertisements (including, without limitation, all text, graphics, URLs, and sites to which URLs are linked), and that all such materials will comply with all applicable laws and regulations. In consideration of the publication of advertisements, Advertiser and Agency jointly and severally agree unconditionally to indemnify and hold harmless TRG, its officers, agents and employees, from and against any and all loss, liability and expense (including reasonable attorney’s fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out the contents or subject matter of such advertisements, including without limitation claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, and trademark infringement. If any legal proceedings are brought about and TRG is determined to be the prevailing party, the Advertiser agrees to pay to TRG, in addition to the regular charges under this agreement, a reasonable sum as collection and attorneys' fees. Future advertising, even prepaid, may be refused by Publisher until Publisher is reimbursed for collection and other fees paid to collect a delinquent account.