Standard Terms and Conditions for Company Listings
Please see also our Privacy Policy, Legal, and Advertising Agreement.
IMPORTANT: READ CAREFULLY - The following Terms and Conditions form part of each
listed Company's Agreement with Visual Communications Group, Inc. and govern each
Company listing on our Website:
1. Terms of Payment. Unless otherwise agreed by the parties, the
amount owed for a listing shall be paid in full before each term begins.
Any late payments will bear interest at the rate of one and one-half
(1½%) percent per month (or the maximum rate permitted by law,
if less). If you fail to make any payment due under this Agreement,
you will be responsible for all expenses (including reasonable attorneys'
fees) incurred by Visual Communications Group, Inc. in collecting what is owed.
2. Warranty and Limitation of Liability. We warrant that we will
provide our listing services in a manner consistent with the standards
of the industry. Subject to the terms of this paragraph and paragraphs
3 and 4 of these Terms and Conditions, we also warrant that your listing
will appear on the Website during the period we have agreed. These
are our only representations or warranties, express or implied. ALL
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
DISCLAIMED.
If, at any time, you believe that we have breached any warranty or any
other contractual provision, you must promptly notify us of that breach.
Upon receiving that notification, we will either correct the problem
or refund to you the amount paid by you in connection with the deficient
service. In no event will our liability to you exceed the amount paid
by you to us for the complained-of services. We will not be liable
for any incidental, consequential, or punitive damages arising from,
or related to this Agreement or the services we provide to you, regardless
of whether we have been advised of the possibilities of such damages.
3. Listing Content. We reserve the right to remove from our Website
any listing we believe to be indecent, unethical, or unreasonably
offensive. It will be your responsibility to contact us immediately
if there is anything wrong with the content or display of the listing
message. Otherwise, you need to examine the listing as soon as it
begins to run. If there are any errors, we will promptly correct them.
However, the existence of errors will not be an excuse for non-payment
of what you owe. You agree to provide true, accurate, current and
complete information about your company. We reserve the right to determine
the products or services that we deem appropriate for your listing
on www.screenprintingsearch.com, based on our current product definitions, and
make no guarantee that your listing will appear in all products or
services requested by you. We may update the products and services
listed on www.screenprintingsearch.com from time to time without notice to you.
4. Force Majeure. We will not be responsible for any failure to perform
under this Agreement which is due to causes beyond our control, including,
without limitation, problems with the Internet or any connections
thereto, hardware or software problems, telecommunications failure,
computer virus, third-party interference, network failure, wars, civil
disobedience, Court order, legislative or regulatory action, catastrophic
weather conditions, power or utility failure, or acts of God.
5. Forum Selection. This Agreement is deemed to have been made in
the State of Minnesota and will be construed and governed in accordance
with Minnesota law. Each of us agrees to exclusively use the Courts
of the State of Minnesota to resolve any dispute arising from or relating
to this Agreement or to any services provided pursuant to this Agreement.
Each of us consents to the jurisdiction of Minnesota Courts.
6. Termination. If either of us commits a material breach of its
obligations hereunder that is not cured within five (5) business days
after notice of that breach, the non-breaching party shall be entitled
to cancel this Agreement and pursue whatever remedies are available
to it by law. Those remedies include removal of your listing on our
Website. The remedies available to a non-breaching party are cumulative.
