Terms and Conditions
A. Limitations on Scope of Use
Use of the THE VENDOR GROUP site is limited to submission of news releases for distribution via THE VENDOR GROUP and registration for and use of offered products and services.
You agree not to use the THE VENDOR GROUP Site for any other purposes, including, without limitation, to store, aggregate, reproduce or distribute information available on the Site in any manner or to compete directly or indirectly with THE VENDOR GROUP ; to interfere with or disrupt the operation of Site or the networks or servers connected to the Site in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm THE VENDOR GROUP or any other person or entity; or to engage in commercial activities of any kind without prior consent of THE VENDOR GROUP.
Any unauthorized use of the THE VENDOR GROUP Site may result in termination of all rights to use the Site and penalties to the full extent provided by law.
All submissions to THE VENDOR GROUP are governed by the terms and conditions set forth in the THE VENDOR GROUP Membership Application and Agreement (the “Membership Agreement”) signed by you or an agent of your company. By submitting a press release for dissemination by THE VENDOR GROUP , you agree to be bound by the terms and conditions set forth in the Membership Agreement.
B. Disclaimer of Warranties
You agree that use of the Site is entirely at your own risk. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ACCESSWIRE does not make any representations or warranties that the Site or materials on the Site or products and services purchased at or through the Site will meet your requirements or expectations, or that the operation of the Site will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
C. Limitation of Liability
You agree that THE VENDOR GROUP will not be held liable for any improper or incorrect use of the Site or the materials on the Site and assumes no responsibility for any user’s activities on the Site or for the inaccuracy of any content on the Site. In no event will THE VENDOR GROUP be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, arising in any way out of the use of (or inability to use) the Site or the materials on the Site or the inaccuracy of any content on the Site, however caused, under any theory of liability. This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the Site or materials on the Site. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply to you.
D. Disclaimer of Liability for Third Party Content and Links
You agree that THE VENDOR GROUP is not responsible and will not be held liable for any third party content on the Site or any third-party content, products or services available on other Web sites accessed through links from the Site. Links to third-party sites are for your convenience only, and their inclusion on the THE VENDOR GROUP Site does not imply any endorsement, guarantee, warranty or representation by THE VENDOR GROUP.
E. Proprietary Rights
The THE VENDOR GROUP Site and all materials on the Site, including, without limitation, “THE VENDOR GROUP” and all other trademarks and logos on the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as specifically permitted in this Agreement, the THE VENDOR GROUP Membership Agreement or by express written consent of THE VENDOR GROUP, you may not use the Site or the material on the Site in any manner.
F. Rights Reserved / Change in Terms
Any rights not expressly granted herein are reserved. THE VENDOR GROUP reserves the right to make changes to these terms and conditions at any time and for any reason by posting a notice on the Site home page. All such changes will become effective 10 days after posting of such notice.. Your continued use of the Site after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to these terms and conditions.
G. Corporate Website Terms
The Client is engaging TVG, Inc., as an independent contractor for the specific project outlined.
TVG and the client must work together to complete the project in a timely manner. TVG agrees to work expeditiously to complete the project in a timely fashion.
Fees to TVG are due in accordance with the above listed pricing table. Fees for monthly services will be invoices on the 15th business day of each calendar month, and are due on receipt. All payments will be made in USD.
Assignment of Project
TVG reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Revision During Execution
The Client may be charged additional fees if it decides to make changes to the agreed upon project scope and objectives.
Legal & License
TVG warrants that the functionality contained in this project will meet the client's requirements and that the operation will be reasonably error-free.
The entire risk as to the quality and performance of the project is with the client. In no event will TVG be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if TVG has been advised of the possibility of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyright to Project
TVG guarantees that all aspects of design and construction of the project will be disclosed to the client upon completion, and full code, copyrights and ownership will be the sole property of the client. TVG retains the right to display graphics and other design elements as examples of its work in its portfolio.
The agreement contained in this Contract constitutes the sole agreement between TVG and the client regarding this project. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for three (3) months after both parties sign this contract. Continued services after that time will require a new agreement.
Initial Payment & Refund Policy
This agreement begins with an initial payment indicated in the pricing table above. If Torchlight Energy halts work and applies for a refund within 4 days, work completed shall be billed at the hourly rate of $75.00 and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless requested within 4 days of signing this contract.
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