This site is subject to the following terms and conditions, and any other laws and/or any regulations that apply to this site or the World Wide Web. Your use of the Vendorco.com site constitutes [validates] acceptance of these terms and conditions.
Terms and Conditions of Purchase
Terms and Conditions:
- VENDORCO provides expert suggestions and advice based on 20 years of retail experience and in no way guarantees retail success solely from the purchase of this 20 Minute Consultation [service].
- You agree to indemnify, hold harmless, and defend VENDORCO, its affiliated companies, customers, directors, officers, employees and agents, from and against any and all loss, liability, cost, expenses, suits, actions, claims and all other obligations and proceedings incurred, allegedly arising out of or in connection with this service.
- In no event will VENDORCO be liable to you for any incidental, indirect, special, consequential damages or loss of profits arising out of, or in connection with, this service, whether or not VENDORCO was advised of the possibility of such damage.
- You agree to pay VENDORCO the price in accordance with the payment terms set forth immediately upon purchase of this service.
Additional Terms and Conditions
Indemnification: Your use of the Vendorco.com site validates your acceptance and agreement to defend and hold VENDORCO, Inc. and its affiliates harmless from any and all liabilities including any and all costs as well as reasonable attorneys’ fees, interrelated to any violation of these terms by you and/or your authorized users.
Third Party Sites: Our Site contains information, links, and hyperlinks about and to their Web sites. The information is provided by and controlled by third parties. This information, contents and links are provided solely as a helpful tool for you. VENDORCO, Inc. does not imply endorsement or any affiliation with the third parties or their sites. VENDORCO, Inc. is not responsible for any result of making the link.
Contents, Text, and Images: All content including text and images contained within the VENDORCO site are either used with permission or are the property of VENDORCO, Inc. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Exceptions: Unless indicated within the site or on specific documents that you are authorized or approved to use information for non-industry, informational and personal use only. Modification including separation of graphics from documents, altering documents, graphics, text, materials and/or images is not permitted.
Site Specifics: This web Site is created and controlled by VENDORCO, Inc. in the State of California. These disclaimers, terms, and conditions of use are governed by the laws of the State of California. By using this Site, you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, in all disputes arising out of or relating to the use of this Site. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. VENDORCO, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.
Disclaimers: Warranty and Liability
VENDORCO makes every effort to ensure information provided is accurate and up to date and is provided ?as is? without expressed or implied warranty of any kind including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non encroachment. We make no warranties or representations regarding such information, and specifically disclaim any warranty as to the suitability, reliability, timeliness or accuracy of the information contained on this site for any purpose. Ultimately use of and browsing of this Site is at your own risk.
VENDORCO, Inc. or any of its related or affiliated companies will not be liable under any circumstance for any direct, indirect, consequential, special, or incidental damages arising out of your use, or access of, this Site, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever.
Under any circumstance, VENDORCO, Inc. or any of its related or affiliated companies will not be held liable for damages to or viruses that may infect your computer equipment, software or other property on account of your use of or access to, downloading of, or browsing in this site, or any damages arising from any service interruptions, deletion of files, computer errors, or any and all levels of performance failure or communication failure arising out of use of this Site.
VENDORCO, Inc. reserves the right to change these terms and conditions of use in its sole discretion.
Internet Consulting Terms of Use
Last Updated: January 27, 2010
This Site, www.vendorco.com/internetconsulting is subject to the following terms of use, and any other laws and/or any regulations that apply to this site or the World Wide Web. User of the VENDORCO Internet Consulting Site validates acceptance of these Terms of use. The term “User” is used to describe all users, clients and/or future clients of VENDORCO or as an employee or agent of user, client and/or future client. “Terms” is used to govern your access to, and use of the Site and Responses so please read them carefully.
Permitted Use; © Blue Ribbon Marketing Corporation and/or its licensors, including VENDORCO, ALL RIGHTS RESERVED.
PLEASE KNOW: By accessing, using, or browsing any of the site(s) or feedback, you agree to be bound by the terms and conditions described herein, all guidelines, policies included by reference, and by changes to the foregoing. IF YOU DO NOT AGREE TO THE TERMS OR ANY SUBSEQUENT MODIFICATIONS, DO NOT ACCESS, BROWSE OR OTHERWISE USE ANY OF THE SITE(S) OR FEEDBACK.
Subject to restrictions on your access authority and these Terms, you are granted a limited, revocable, non-sublicensable and non-transferable license to access the Site solely for Vendor’s internal business purposes, including the following permitted uses; to perform normal activities allowed on the Site, review VENDORCO’s agreements and other business documents, information and Feedback (collectively, “VENDORCO Information”), to print unaltered copies of materials on the Site or provided through Feedback (including User Information, VENDORCO Documents, emails and/or conversations that arise from the Site or Entire Site) to document transactions or to retain information VENDORCO may be required to provide to User. The Site does not maintain records indefinitely, so when you need a copy for Vendor’s records, make one when the item first becomes available on the Site.
No title to copies or to intellectual property rights are transferred to you, and all information on the Sites, including (without limitation) all copyrighted and copyrightable materials including all content including text and images contained within the VENDORCO site are either used with permission or are the property of VENDORCO, Inc. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Unless indicated within the site or on specific documents that you are authorized or approved to use information for non-industry, informational and personal use only. Modification including separation of graphics from documents, altering documents, graphics, text, materials and/or images is not permitted. Copyright © Blue Ribbon Marketing Corporation and/or its licensors, ALL RIGHTS RESERVED. VENDORCO may terminate access rights for infringement of its rights.
Users agree they will not market, sell or make commercial use of the Site, Feedback or any VENDORCO materials.
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Blue Ribbon Marketing, dba, VENDORCO or any third party. Any unauthorized use of any of the Sites will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
“VENDORCO”, our logo, and the products and services described in this Site, on our documents or emails are either trademarks, service marks or registered trademarks of VENDORCO or our licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of VENDORCO, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and VENDORCO’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links to Third Party Sites.
Our Site contains information, links, and hyperlinks about and to their Web sites. The information, contents, nature, quality, links and reliability is provided by and controlled by third parties and we are not responsible for their content. This information, contents, nature, quality, and reliability of links are provided solely as a helpful tool for you. Blue Ribbon Marketing, Inc and/or VENDORCO, does not imply endorsement, any affiliation or adoption by VENDORCO of the site or any information on it. Blue Ribbon Marketing, Inc and/or VENDORCO is not responsible for any result of making the link. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gather practices, of that site.
No Warranties.
Under any circumstance, Blue Ribbon Marketing, Inc and/or VENDORCO, or any of its related or affiliated companies will not be held liable for damages to, viruses or inaccuracies that may infect your computer equipment, software or other property on account of your use of or access to, downloading of, or browsing in this site, or any damages arising from any service interruptions, deletion of files, computer errors, or any and all levels of performance failure or communication failure arising out of use of this Site as well as privacy or security. Also, there are no warranties of title, non-interference, quiet enjoyment or non-infringement regarding any aspect of the
Entire Site or services provided by the Entire Site.
VENDORCO makes every effort to ensure information, sites, and materials (collectively, “Entire Site”) provided is accurate and up to date and is provided “As Is” without expressed or implied warranty of any kind including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non encroachment. We make no warranties or representations regarding such information, and specifically disclaim any warranty as to the suitability, reliability, timeliness or accuracy of the information contained on this site for any purpose. Ultimately use of and browsing of this Site is at your own risk. We are not responsible for typographical errors or omissions, including (without limitation) relating to pricing, text, or photography.
Blue Ribbon Marketing, Inc. or any of its related or affiliated companies will not be liable under any circumstance for any direct, indirect, consequential, special, or incidental damages arising out of your use, or access of, this Site, or documents, forms, emails, or conversations that arise from the use of VENDORCO Internet Consulting or from the Site whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever. We do not represent or warrant that any of the sites or their servers are free from viruses or other harmful components; you should use industry recognized software to detect and disinfect viruses or other harmful code.
Exclusion of Damages.
Under no circumstance shall VENDORCO be liable under these terms or any other agreement with the User allowing access to a site, for any incidental, special, indirect or consequential damages, or for loss of use, loss of profits, loss of data, loss of images or loss of privacy and/or security, whether in an action in contract, tort (including but not limited to negligence), products liability, equity or otherwise, arising out of or in any way associated with any aspect of the Entire Site, these terms, the Log-In Addendum or any other agreements with the User allowing access to a site or other site materials or materials, communications connected to that site.
VENDORCO, Inc. reserves the right to change these terms and conditions of use in its sole discretion.
Site and Services
VENDORCO provides private communication and feedback for Users. These Terms and references to “Feedback,” apply to all VENDORCO provided communication and to any future communication provided by VENDORCO for and to User from time to time. All services, information, forms, verbal communication and/or other items or functionality made available by VENDORCO (collectively “Services”), may be determined, changed or eliminated by VENDORCO in its sole discretion from time to time without prior notice. You may access Site whenever it is generally available to all users, but, notwithstanding anything to the contrary in these Terms, VENDORCO reserves the right to restrict, block or terminate your access at any time without notice or cause.
VENDORCO Information; Inaccuracies.
Documents and information posted to the Site by VENDORCO are made available to you for the purpose of providing efficient and convenient access to standard information and forms. VENDORCO reserves the right to remove, add or change any information or document posted on the Site at any time and without notice. Also, information (including but not limited to pictures, text and pricing) on any Site may be outdated or contain typographical errors, inaccuracies, or omissions (collectively, “Inaccuracy”), and VENDORCO reserves the right to correct any Inaccuracy. VENDORCO is not responsible for any typographical errors, inaccuracies, or omissions (collectively, “Inaccuracy”) in documents or contracts in the event that (i) you did not completely submit any document or form, (ii) you did not clearly explain information contained in the document, or (iii) the document contains clearly erroneous information. In the event of an Inaccuracy under the previous sentence, the parties will work together in good faith to negotiate a new contract that corrects the error(s) and provides a mutually fair result for any action taken in reliance on such error(s).
No Unauthorized Access.
You may not permit access to a Site or Feedback by any third-party without our written permission (other than by email) and in compliance with all agreements applicable to Vendor. Authorized access is permitted only with a valid login ID, password and compliance with other security or authentication requirements of VENDORCO (“Qualifications”). You agree to retain control of Qualifications issued to you and to take reasonable precautions to prevent the loss, disclosure, or compromise of Qualifications and any unauthorized use of the Site (collectively, a “Compromise”). You are solely responsible for any use of your Qualifications on the Site and VENDORCO will attribute all use to you and shall not have any responsibility or liability for any Compromise. If you believe that your Qualifications have been subject to a Compromise, contact your VENDORCO Account Manager immediately so that they may take corrective action and mitigate any potential losses.
Conduct Regarding the Sites.
You agree to enter accurate information on the Sites and agree not to attempt or do any of the following: (1) access any Service or Site area that you are not authorized to access; (2) alter information; (3) use any robot, spider, scraper or other automated means or interface not provided by VENDORCO to access a Site or extract data; (4) reverse engineer any aspect of a Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area or VENDORCO Materials; (5) send or otherwise impact the Site or Services with harmful or deceptive code such as a virus or spyware; (6) access or use the Site or any Service for any unlawful, unintended, or harmful purpose, or other than in full compliance with applicable law and your agreements with VENDORCO; (7) take any action which might impose a significant burden (as determined by VENDORCO) on Site infrastructure; (8) interfere with the ordinary operation of the Site or Services; (9) insert in or otherwise send to or through a Site, any “spyware”, “adware” or other code that could be illegal, harmful, or disruptive to the Site or any recipient.
Confidentiality
You acknowledge that the Entire Site, Sites and all Blue Ribbon Marketing, Inc. and/or VENDORCO’s Materials and Response are the confidential and proprietary information of Blue Ribbon Marketing, Inc. and/or VENDORCO. As a User you agree to keep materials and information, and communications both written and verbal confidential and protect and preserve the Sites from unauthorized access, log-in, use or disclosure of Blue Ribbon Marketing, Inc. and/or VENDORCO’s Materials. You acknowledge that unauthorized disclosure or use of the Sites could cause irreparable harm to Ribbon Marketing, Inc. and/or VENDORCO for which monetary damages may be difficult to ascertain. Notwithstanding, you agree that we shall have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for or to prevent such unauthorized disclosure or uses, and/or to limit any improper benefits derived therefrom, without the necessity of posting a bond or other security.
Users agree not to publish, publically perform or display, or distribute to any third party any VENDORCO materials, including reproductions on any computer network or broadcast or publications media; market, sell or make commercial use of the Site, Feedback or any VENDORCO materials; systematically collect or use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods; or make derivative uses of the Site or the VENDORCO materials.
Exclusion Jurisdiction and Applicable Law
This Entire Site is created and controlled by Blue Ribbon Marketing, Inc. in the State of California, U.S.A.. These disclaimers, terms, and conditions of use are governed by the laws of the State of California. By using this Site, you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, in all disputes arising out of or relating to the use of this Site. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Blue Ribbon Marketing, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. You agree that any action, suit or proceeding regarding the foregoing shall be filed and adjudicated only in the federal or state courts located in Orange County, California, U.S.A., and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions if the allocation of risks and obligations reflected in the original Terms is preserved.
Indemnification.
Your use of the Vendorco.com site validates your acceptance and agreement to defend and hold VENDORCO, Inc. and its affiliates harmless from any and all liabilities including any and all costs as well as reasonable attorneys’ fees, interrelated to any violation of these terms by you and/or your authorized Users.
You herby release, hold harmless, and indemnify Blue Ribbon Marketing, Inc. and is dba’s, and affiliates (and their respective employees, directors and representatives) against any and all claims, proceedings, actions or suits and all liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Blue Ribbon Marketing, Inc. and/or its dba’s, arising out of or relating to (a) the violation or breach by you of any term, condition, representation or warranty of these Terms or the Log-In Addendum, (b) Your negligence or intentional misconduct; and (c) any Comprise and any related unauthorized access to our use of the Site, Feedback or any materials therein (including any Blue Ribbon Marketing, Inc. and/or VENDORCO Materials or communications).
Privacy and Security
All access, use, transmissions and communications (including keystrokes and attempted acts, and conversations) may, at VENDORCO’s option, be monitored, intercepted, retrieved and otherwise used for any lawful purpose, including but not limited to sharing the information with User and law enforcement. You have supplied or will supply personally identifying Information “(PII)” about you to VENDORCO, such as your name, email or other address, telephone, authority and/or other PII. You agree that VENDORCO may use, process, disclose, store and transfer (domestically and internationally) (collectively, “Share”) PII for any lawful business purpose, including (without limitation) for purposes of authenticating you as an authorized user; of tying Internet Consulting activities to you, of effecting or enforcing transactions, acts, rights or privileges; of complying with law; of defending or attempting to prevent harm to VENDORCO or others (in VENDORCO’s discretion and without liability); and for all other purposes not prohibited by law. The foregoing includes but is not limited to Sharing with User, VENDORCO service providers or consultants, regulators, law enforcement or other governmental authorities and with other third parties, except as specifically limited in these Terms, and subject to applicable law.
VENDORCO has taken what it believes are commercially reasonable steps to create security for the Site and Feeback. However, the nature of modern commerce is that security breaches, crimes and mistakes can happen despite precautions, and security is also impacted by your protection of your password and other Qualifications. Accordingly, VENDORCO does not warrant security. You and/or the User also agree with VENDORCO’s site Terms and Conditions.
If applicable law imposes any non-disclaimable duty on VENDORCO regarding security or related matters, you agree that the standard used to measure VENDORCO’s compliance with that duty will be one of intentional misconduct. If VENDORCO is ever required to disclose or provide notice of invasion of a security system to you, you agree that it may do so when required by posting notice on the relevant Site(s) or, in its discretion, by giving it to any email address that we have for you.
VENDORCO IN GENERAL WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY VENDORCO TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE VENDORCO PERSONNEL OR POLICIES.
SIMILARLY, VENDORCO PROHIBITS YOU FROM USING ANY ADDRESSES OR ADDRESS CONVENTIONS FOR THE PURPOSE OF SENDING UNSOLICITED EMAIL TO VENDORCO EMPLOYEES THAT ARE NOT REASONABLY NECESSARY TO MAINTAIN YOUR EXISTING BUSINESS RELATIONSHIP AND/OR PROCESS ONGOING TRANSACTIONS WITH VENDORCO.
Exclusive Remedy; Damage Limitation.
YOUR EXCLUSIVE REMEDY FOR (1) ANY BREACH BY VENDORCO OF THESE TERMS, AND (2) ANY DAMAGES RELATING TO ANY ASPECT OF THE ENTIRE SITE THAT ARE DUE YOU BY VENDORCO OR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES OR AGENTS, SHALL BE AT VENDORCO’S OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE SERVICE CAUSING YOUR DAMAGE; OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT SHALL, IN AGGREGATE, BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID FOR THE SERVICE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. THE FOREGOING DAMAGE EXCLUSIONS AND LIMITATIONS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Amendments to Terms.
We reserve the right to change or modify these Terms at any time and in our sole discretion. Any revised version will show the effective date of the version and be effective as of that date. We will provide notice of the revised version by posting it on the Site and giving notice that it has been (or will be) posted, except that we may provide subsequent notice instead of prior notice if we believe (in our discretion) that providing prior notice may potentially cause damage or harm to us or others. If the Vendor Internet Administrator (a) allows anyone to use any of the Sites after the effective date of the revised version, or (b) fails to terminate access by all users, then use by any user of any Site to whom Qualifications have been issued by VENDORCO or Vendor, will constitute Vendor’s acceptance of the revised version. Such use will also constitute acceptance by the user individually. Therefore, you should check the effective date of the Terms each time you visit a Site (to see if a revised version is available for review).
Trademarks and Copyright
Trademarks displayed on this Site are registered and unregistered trademarks of VENDORCO, Inc. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without written permission of Blue Ribbon Marketing, Inc.
Copyright (c) 2010 – Blue Ribbon Marketing, Inc. All rights reserved. All text, images, graphics, animation, videos, music, sounds, software, and other materials on this Site are subject to the copyrights and other intellectual property and proprietary rights of VENDORCO, Inc., its affiliated companies and its licensors. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.
If you do not agree with these Terms of Use please exit this site immediately.
