Standard Terms and Conditions for Company Listings
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.signsearch.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.signsearch.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.