1. TSG Media, LLC, dba “WorkCompWire” and “workcompwire.com” (collectively hereafter
referred to as “TSG Media”) reserves the right to edit, revise, or reject any listing,
advertisement or other content (collectively “advertising” or “advertisement”) for any
2. Neither TSG Media nor its owners, directors, officers, editors, consultants, advisors,
employees nor its affiliates shall have any liability whatsoever by reason of error for
which they may be responsible in any advertisement beyond liability to give the
advertiser or advertising agency credit for so much of the space occupied by the
advertisement as is materially affected by the error; and its obligation to give such credit
shall not apply unless it is notified of the inaccuracy within 24 hours following the
3. TSG Media does not guarantee any given level of circulation, distribution, click-through,
reach or readership for an advertisement.
4. The advertiser and/or the advertising agency representing the advertiser, jointly and
severally assume liability for all content (including text representation, illustrations,
updates and links to other internet content) of advertisements published and also
assumes responsibility for any claims arising there from made against TSG Media and/or
its affiliates, including all costs associated with defending any such claim.
5. The advertiser and the advertising agency representing the advertiser (if applicable),
agree to comply with all applicable Federal and State laws regarding advertising,
including the United States Federal Trade Commission (FTC) laws and guidelines
regarding Online Advertising.
6. All advertising copy that may be mistaken by a reader as news, feature or other non-
advertising materials must be clearly marked “advertisement”.
7. All advertising positions are at the option of TSG Media. In no event will adjustments,
reinstatements or refunds be made because of the position in which an advertisement
has been published. TSG Media will seek to comply with position requests and other
stipulations that appear on insertion orders but cannot guarantee that they will be
followed. Payment of a premium position fee does not guarantee positioning. In the
event that TSG Media is unable to provide the requested positioning, the premium
position fee will be refunded. Authority to modify this provision or to guarantee
positioning is solely limited to the Editor and President of TSG Media. Misclassification
of advertising is not permitted.
8. TSG Media shall be under no liability for its failure for any cause to publish an
9. Advertiser understands and agrees that TSG Media shall be the exclusive owner of any
and all right, title, and interest including copyright in and to any works of authorship,
derivative works, adaptations, inventions or other intellectual property generated by
TSG Media, its employees or agents pursuant to this agreement, and any advertising
and/or promotional materials relating thereto. Advertiser retains ownership of all
advertising in the form delivered to TSG Media, and any existing trade and service marks
10. Advertiser grants to TSG Media the worldwide royalty-free right to redistribute,
sublicense, and otherwise distribute the advertising to any third party in any medium
11. The advertiser or advertising agency shall pay the production cost of advertising created
by TSG Media but not used. Charges for changes (not corrections) from original layout
and copy will be based on current production rates.
12. TSG Media will not be responsible for errors appearing in advertisements which are
placed after deadline or for errors due to late delivery of material from the advertiser or
advertising agency or from a third party designated by the advertiser or advertising
agency as a source for material to be published.
13. Cancellations, corrections, changes of advertising dates and/or changes of advertising
content must conform to published deadlines and must be submitted in writing. If an
advertiser/agency cancels a contract before all impressions are served, TSG Media
reserves the right to recalculate the rate of impressions based on the amount of
impressions that actually ran utilizing TSG Media’s rate card that was in existence at the
time the contract was signed. The advertiser/agency shall be billed and pay the
14. Cancellations, corrections, changes of advertising dates and/or changes of advertising
content cannot be guaranteed between the time the order is placed and the initial
15. TSG Media does not assume any liability for the return of any material in any medium in
connection with advertising unless a specific written request is received to hold such
material for a period not exceeding seven (7) days.
16. On advertising where credit is allowed by TSG Media in its sole discretion, monthly
accounts are due and payable, on or before the fifteenth (15th) day of the month
following publication, and in the case of weekly accounts, payments are due and
payable net fourteen (14) days from the statement date. If any credit card transaction is
not approved for any reason, such account shall be deemed delinquent. When any part
of an account for advertising becomes delinquent, then the entire amount owed shall
become due and payable and TSG Media may refuse to publish any advertising. In this
event, the advertiser or advertising agency shall pay for advertising according to the rate
earned at the time of the delinquency.
17. Extension of credit to an advertising agency is based on the agency’s acceptance of the
sole liability for all advertising placed by the agency and billed to its account. No
endorsement, statement of disclaimer on any order, check or letter shall act as an
accord or satisfaction, or as a waiver of this condition unless and until it is accepted by
TSG Media by a separate written agreement signed by a duly authorized representative
of TSG Media. In the event of nonpayment of any agency account, prior to referring
such account for third party collections, TSG Media reserves the right to contact the
agency’s client(s), as disclosed principal(s), for payment. If the outstanding balance is
still not satisfied, TSG Media may proceed with collections against both the agency and
its client(s). No such action on the part of TSG Media shall relieve the agency of liability
for the debt.
18. There will be a $25.00 charge for any check not honored by the bank. Returned checks
must be replaced with certified /cashier/wire transfer funds within 48 hours of
notification. TSG Media reserves the right to withhold further advertising pending
receipt of replacement funds.
19. In the event an account is referred to a third party for collection, advertiser and
advertising agency agree to pay all collection fees including attorneys’ fees and court
costs incurred to effect collection.
20. Incorrect rates on orders that do not correspond to current rates will be regarded as
clerical errors and the advertising will be published and charged at the applicable rates
in effect at time of publication.
21. Orders are accepted by TSG Media subject to the foregoing guidelines, terms and
conditions. Terms, conditions, rates or agreements not set forth herein or in the current
rate schedules are not binding. Customer service representatives and sales
representatives are not authorized to modify any of these terms and conditions. Any
modification of these terms and conditions is effective only if set forth in a separate
written agreement signed by a duly authorized representative of TSG Media. TSG Media
is not bound by any promises or representations made by its sales representatives
unless set forth in writing and signed by an officer of TSG Media.
22. TSG Media shall not be liable to the advertiser for any technical malfunction, computer
error or loss of data or other injury, damage or disruption to advertisements or web
sites or the service.
23. All advertisements displayed or used on any of TSG Media’s websites, associated with
any of TSG Media’s brands or given to TSG Media for use in any advertising campaign
shall not cause any damage to the computers, servers, software or any other technology
of our end users. Further, Advertiser agrees that it shall not post, transmit or make
available, in any way, any software, technology, program or other material which
contains a computer virus, trojan horse, worm or other technology or software causing
damage to an end users computer. Notwithstanding the foregoing, TSG Media has no
obligation to detect the presence of any computer virus, trojan horse, worm or other
technology or software causing damage to an end users computer in any item received
These Terms and Conditions supersede any verbal representation or verbal agreement with