Shasta Unfiltered Advertising General Terms and Conditions

 

The provision of any online advertising services (collectively, “Services”) by Shasta Unfiltered (“Publisher”) to any customer, including any advertiser (“Advertiser”), shall be subject to these general terms and conditions (the “General Terms”). Unless otherwise mutually agreed in writing, any agreement between Publisher and Advertiser for Services (a “Service Agreement”) shall incorporate these General Terms. These General Terms replace any conflicting terms in Advertiser’s documents, such as purchase orders. Any additional or different terms proposed by Advertiser are objected to and shall not apply. No changes to these General Terms are binding unless in a writing signed by an authorized representative of Publisher.

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1. Advertisements.

(a) Right to Reject.  Publisher reserves the right, in its sole discretion, to reject, refuse, or discontinue any advertisement or portion thereof at any time. Publication of an ad does not waive this right for future placements.

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(b) Submission and Acceptance. Submitting an ad does not guarantee publication. Publisher accepts ads only upon actual display. By submitting, Advertiser agrees to these General Terms.

 

(c) Alterations. Publisher may modify ad materials to meet technical specs (e.g., file formats, sizes). Rates remain unchanged for proportional size reductions.

 

(d) Proofs. Upon request, Publisher may provide digital proofs. Advertiser must review and return with changes before deadlines. If not returned timely, the ad is deemed approved, and Publisher is not liable for errors. Changes requested by Advertiser may incur fees.

 

(e) Errors. Publisher is not responsible for proofreading or errors in Advertiser-supplied materials unless a timely proof is corrected. Liability is limited to crediting the cost of the affected portion in the first publication. Advertiser must notify Publisher of errors promptly.

 

(f) Omissions. If an ad is omitted due to Publisher error, the remedy is republication in a comparable spot at no extra charge, or a pro-rata credit. Omissions are not a material breach.

 

(g) Claims. All claims for errors, omissions, or delays must be in writing within 30 days of scheduled display, or Services are deemed accepted. Oral orders or cancellations are not binding; written confirmation is required before deadlines.

 

(h) Positioning. Publisher does not guarantee ad placement (e.g., above the fold). Requests are non-binding unless specified in writing with a premium. Objections must be raised within 30 days of publication. Premiums are refundable for failures.

 

(i) Classification. Publisher may reclassify ads for accuracy.

 

(j) Truth in Advertising. Ads must not be misleading and must include Advertiser’s business name if offering goods/services. Ads must comply with applicable laws, including California’s Unfair Competition Law.

 

(k) Format Conversion. Publisher may repurpose ads across its digital platforms (e.g., website to social media) without additional compensation.

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2. Digital Ad Delivery. Publisher uses standard tools (e.g., Google Analytics or similar) to track impressions and clicks. These are the official metrics. Third-party tracking by Advertiser requires prior approval and reciprocal data sharing. Discrepancies over 10% may trigger reconciliation.

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3. Rates. Services are subject to Publisher’s current Rate Card, which may be updated with 30 days’ notice. Advertiser receives pro-rata adjustments for changes.

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4. Cancellation by Advertiser. Advertiser may cancel unfulfilled Services without short-rate charges (upward rate adjustment) by written notice 10 days before a rate change effective date. Other cancellations may incur short-rate charges based on volume.

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5. Cancellation by Publisher. Publisher may cancel upon written notice for: (i) non-payment within 30 days; (ii) Advertiser insolvency or bankruptcy; (iii) breach of terms; or (iv) 30 days’ notice. No short-rate if due to delinquency. Advertiser pays for published Services at earned rates.

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6. Service Agreements. Frequency or volume-based agreements auto-renew if thresholds are met, unless 30 days’ written notice. Renewals use current rates; no rebates for upgrades. Early cancellation may apply short rates.

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7. Advertiser Representations and Warranties. Advertiser warrants that: (i) ads are not libelous, infringing, or unlawful; (ii) products/services are as described and comply with laws; and (iii) all necessary consents are obtained. Ads must not violate California privacy laws (e.g., CCPA) or promote illegal activities.

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8. Indemnification. Advertiser shall indemnify, defend, and hold harmless Publisher, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, or expenses (including attorneys’ fees) arising from breaches of Advertiser’s warranties or ads. Publisher may control the defense. This does not apply to Publisher’s sole negligence or willful misconduct, per California law.

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9. Disclaimer of Warranties. Except as expressly stated, Publisher disclaims all warranties, including merchantability or fitness for a particular purpose.

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10. Limitation of Liability. Publisher’s total liability shall not exceed the amount paid for the affected Services. Publisher is not liable for indirect, consequential, special, or punitive damages, lost profits, or interruptions, even if advised of the possibility. This limit does not apply to gross negligence, fraud, or intentional misconduct under California Civil Code § 1668.

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11. Payment Terms. Invoices are due net 30 days from issuance, in U.S. Dollars. Payment is not contingent on reports. Disputes must be raised in writing within 30 days. NSF fees are $25. Late payments accrue 1.5% monthly interest (18% annually) or the maximum allowed by California law.

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12. Delinquent Accounts. Delinquent balances (30+ days) accelerate the full amount due. Publisher may require prepayment, suspend Services, or terminate without notice. Advertiser pays collection costs, including attorneys’ fees.

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13. Taxes. Advertiser is responsible for all applicable taxes (e.g., sales tax), except those on Publisher’s income. Provide exemption certificates if applicable.

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14. Ad Agencies. Advertiser and its agency are jointly liable. Billing to agency does not relieve Advertiser.

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15. Force Majeure. Neither party is liable for delays due to acts of God, war, strikes, or other uncontrollable events. Affected Services may be rescheduled or canceled without charge.

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16. Relationship. No partnership, joint venture, or agency is created.

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17. Governing Law. These terms are governed by California law, without conflicts principles. Disputes shall be resolved exclusively in the state or federal courts in Shasta County, California. Claims must be brought within one year.

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18. Severability and Miscellaneous. If any provision is invalid, the rest remain enforceable. These terms, with any Service Agreement, form the entire agreement. They bind successors. Headings are for convenience. Sections 1, 7-14, 16-18 survive termination.

 

These General Terms apply to all Services provided by Shasta Unfiltered, an online news portal serving Shasta, Siskiyou, Trinity, and Tehama counties. Effective: September 21, 2025. Rev. 1.0.