Travel Guide General Terms and Conditions

As used herein, “Agreement” refers to the Travel Guide Agreement that contains these terms and conditions by reference and link.

Mahoning County Convention and Visitors Bureau (“herein after referred to as “Mahoning County”) reserves the right to close advertising sales when at space capacity, refuse advertisements on the basis of content or quality of production and will assume no liability for statements or claims made in advertising copy. Mahoning County reserves the right to refuse advertisements that contain what is considered to be false, illegal, offensive or libelous information or material.

The printing and digital files will be processed by a third party marketing company and Mahoning County will assume no liability for the quality of the printing, appearance of the ads, and/or any ad submission that does comply with the requested digital file requirements.

Mahoning County reserves the right to terminate the Agreement at any time by giving the Advertiser at least fourteen (14) days advance written notice to the Advertiser’s address provided in the Agreement. Notwithstanding the foregoing, in the event of any breach of any of the terms or obligations of this Agreement by the Advertiser, Mahoning County may immediately terminate the Agreement upon written notice to the Advertiser.

The parties agree that in no event shall any construction, interpretation, presumption or inference in favor of, or against, any party be made as a consequence of the identity of the drafter of this Agreement, and that this Agreement shall be construed as if jointly drafted and negotiated.  Both parties acknowledge that each has had the opportunity to review the contents of this Agreement with his/her/its respective counsel.

In the event of a conflict between the terms set forth in the body of the Agreement, Ad Options form, or the General Provisions and Conditions and any further documents or proposals, the terms set forth in the body of this Agreement, Ad Options form, and the Travel Guide General Terms and Conditions shall govern.

The advertiser agrees to accept responsibility, and shall indemnify and hold harmless Mahoning County and its respective officers, agents and employees, for and from and against any actions, claims, damages, liabilities, expenses, loss, injury and/or or damage that may be asserted by any person or entity that arise out of or pertain to the Advertiser, or its agents’, employees’, subcontractors’, or officers’, performance, acts, or omissions under this Agreement.

The Agreement shall be governed by the laws and jurisdiction of the State of Ohio and the parties agree that the exclusive venue for any litigation involving this Agreement shall be the state courts of Mahoning County, Ohio.

The Advertiser may not assign or otherwise transfer this Agreement, in whole or in part, without the prior written consent of Mahoning County (which shall only be given within Mahoning County’s sole and absolute discretion). The Advertiser acknowledges that Mahoning County is a public entity and that oral statements made by officials or employees of Mahoning County cannot obligate or encumber the funds of Mahoning County.  Additionally, no action of an employee or official of Mahoning County may be construed as a waiver of any term of this Agreement or excuse the Advertiser’s performance of any of the Vendor’s obligations under this Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter hereof for the term hereof, and any modification to this Agreement can only be effective upon a written Amendment made to this Agreement signed by both parties.