THE FORWARDING OF AN ORDER WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS STATED HEREIN

(a) IF THE ADVERTISEMENTS ARE PLACED BY AN AGENCY, THE ADVERTISER AND AGENCY WILL BE JOINTLY AND SEVERALLY LIABLE FOR THEIR OBLIGATIONS HEREUNDER. As used herein, "agency" and "advertiser" may be used interchangeably, as may "advertisement" and "advertising space".

(b) Publisher may, in its sole discretion, edit, reclassify, reject or cancel any advertisement, including, without limitation, that Publisher may label any copy "Advertisement". Publisher does not guaranty the placement of any ad in a specific section or within a page.

(c) In the event of a material error caused by Publisher, Publisher's liability is limited to the cost of the first insertion for the advertisement: however an error will not be subject to adjustment unless it is reported to the Publisher within 7 days of publication and errors that do not materially affect the value of the advertisement are not subject to any adjustment. IN NO EVENT WILL THE PUBLISHER BE LIABLE FOR ANY COSTS, DAMAGES OR LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF PROJECTED EARNINGS) DIRECTLY OR INDIRECTLY ARISING FROM ERRORS IN ADVERTISEMENTS OR WITH RESPECT TO AD PLACEMENT OR IF, FOR ANY REASON, IT FAILS TO PUBLISH AN ADVERTISEMENT OR CIRCULATE ALL OR ANY PART OF ANY ISSUE.

(d) The Publisher's ad representatives are not authorized to amend these terms and conditions. Further, the Publisher will not be bound by any terms or conditions appearing on order blanks, copy instructions, insertion orders or other communications by Advertiser. The failure or delay of the Publisher to enforce any of these terms or conditions will not be construed as a waiver of any of its rights.

(e) South Dakota State laws apply.

(f) Advertiser agrees to pay Publisher pursuant to rate card provided that the Publisher reserves the right to modify its rate cards at any time upon 30 days' notice.

(g) Advertiser will be short rated if it does not use the minimum space or frequency agreed to.

(h) Where credit has been granted, payment will be due and payable within 30 days following publication.

(i) Past due amounts will accrue interest at the monthly rate of the lesser of 1.5% or the maximum rate allowed by law. Advertiser will incur a charge, as permitted by state law, for any check returned to Publisher unpaid. Upon failure of Advertiser to pay any amounts due or in the event of any other material breach, Publisher may, at its sole option, require cash in advance, stop inserting Advertiser's advertisements and/or terminate any agreement it may have with the Advertiser.

(j) The total amount due hereunder will become immediately due and payable, and Publisher may stop inserting Advertiser's advertisements in its publication, in the event that the Advertiser: (i) discontinues the operation of its business; (ii) files or has filed against it any petition or pleading in bankruptcy or for the appointment of a receiver; (iii)-makes any assignment for the benefit or creditors; or (iv) fails to pay any amount due hereunder when due.

(k) Advertiser agrees to pay all costs (including collection agency fees, court costs and attorneys' fees) included by Publisher in collecting Advertiser's delinquent accounts.

(l) In the event that any federal, state or local taxes are imposed on the sale of advertising space, such taxes will be assumed and paid by the Advertiser.

(m) Advertiser warrants and represents that it is fully authorized to use all material provided for publication and that its advertisements will not violate any rights or any law. Upon request, Advertiser will supply Publisher with documentation of any advertising claims made in material provided by Advertiser. ADVERTISER WILL FULLY INDEMNIFY PUBLISHER FOR ANY LIABILITY RELATING TO ANY CLAIM WHICH, IF SUSTAINED, WOULD CONSTITUTE A BREACH OF THESE WARRANTIES AND REPRESENTATIONS OR OTHERWISE RELATING TO THE PUBLICATION OF ANY MATERIAL FURNISHED TO PUBLISHER, ANY ADVERTISER-SPONSORED CONTESTS OR PROMOTIONS, OR ANY CO-OP ADVERTISING FOR THE ADVERTISER.

(n) Any advertising material produced by Publisher will remain the sole property of Publisher, and Advertiser will accrue no rights thereto and will not use such advertising in any fashion without the express written consent of Publisher.