Parties: Pursuant to this agreement, Tumile Business Group Inc. (Tumile) of Fairfield, CA. and Client (Client) shall agree to the following terms and conditions for the purchase of online services from Tumile Business Group Inc. - Representation:
- Client represents and warrants that;
- The Client is the legal owner or licensed to use all contents and subject matter contained in their website.
- The web site will not contain any misrepresentations or content that is defamatory or that violates the privacy or rights of others.
- The Client will not infringe on any copyright, patent, trademark or other proprietary matter.
- The Client is generally familiar with the nature of the Internet and will comply with all laws and regulations pertaining to the display of content and information on the World-Wide-Web.
- Tumile warrants that;
- We are the owner or licensed to use the entire contents and subject matter we provide for web development.
- The web site does not violate and law or regulations.
- The web site does not contain any misrepresentations or content that is defamatory or that violates the privacy or rights of others.
- We are familiar with the nature of the Internet and comply with all laws and regulations governing the use of the World-Wide-Web.
- We will not infringe on any copyright, patent, trademark or other proprietary matter.
- Quality Control:
- Tumile Business Group Inc. reserves the right to refuse service to any new or existing advertiser, in it's sole discretion, with or without cause.
- Tumile Business Group Inc. reserves the right, in it's sole discretion and without liability, to reject, omit or exclude any website found to have been altered after acceptance for any reason, with or without notice to Client with or without cause.
- This agreement is cancellable by Tumile Business Group Inc. immediately if Client fails to disclose, conceals or misrepresents itself in any way.
- This agreement does not give the Client any right to claim association or enter into agreements with other parties while representing themselves as employees or representatives of Tumile Business Group Inc.
- Indemnification:
- Client agrees to imdemnify, defend and hold harmless Tumile Business Group Inc. from any damages, claims or suits arising from third party actions against the advertiser for any reason.
- Warranty Disclaimer:
- Tumile Business Group Inc. expressly disclaims all warranties for service expressed or implied with respect to any matter whatsoever, including, without limitations, the performance of provided services.
- Limitation of liability:
- Tumile Business Group Inc. will not be subject to any liability whatsoever due to failure or technical difficulties from sources outside our control, including the advertiser's website and the Internet.
- The total liability of Tumile Business Group Inc. for failure of service caused by factors under our control shall be limited to the unused portion of Client's payments. The unused portion shall be determined by dividing the payment by the total time purchased then multiplied by the unused time remaining.
- Assignment:
- Client may not assign this agreement in whole or in part without written consent from Tumile Business Group Inc. In the event of significant changes in ownership of Client Company, the Client must notify Tumile Business Group Inc. by email or phone to discuss reassignment of contract.
- In the event of change of ownership of Tumile Business Group Inc. all current contracts will continue to be honored as part of the change in ownership and Client will be notified by email or other contact form about the changes.
- Ability to enter into agreement:
- Client warrants that they are at least 18 years of age and are able to legally enter into binding business contracts.
- Privacy Policy:
- Client shall support Tumile Business Group's commitment to protect the privacy of the Internet Community, such commitment as set forth in the privacy policy which is incorporated here by reference.
- Client affirms that they have a privacy policy in place whether published or not and are in compliance with Federal and State regulations regarding the privacy of others.
- Governing Law:
- This is the entire agreement between Tumile Business Group Inc. and the Client. This agreement will be governed by and construed in accordance with the laws of the state of California.
Disputes as a result of this agreement should be directed to;
| Tumile Business Group Inc. | | P.O. Box 857 | | Bella Vista, CA. 96008 | | mike@tumile.com |
|
