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Terms Of Service

Legal Stuff

Terms Of Service

The Wilkerson Group Terms of Service

 The below governs your use of The Wilkerson Group website (Services).  By using the Services, you are agreeing to be bound by these terms of service (“The Wilkerson Group Terms of Service”).

To utilize the Service you MUST agree to the applicable Terms of Service.  Use of this website constitutes your agreement.

Changes and Modifications

The Wilkerson Group reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement.  Continued use of the Service following changes and modifications will constitute your binding acceptance.

Website Service Levels and Access

We will use our best endeavors to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We cannot accept liability for any cases of its unavailability.  Any loss of revenues during down times is neither covered nor recoverable.

Access to the website is free to all.  Access to password protected sections of the website is limited and can be accessed with a valid account.

Automated solutions, including tools, software applications and online systems used to access The Wilkerson Group user accounts can only be used with permission.  Please contact us to obtain permission.

We reserve the right to:

  • Refuse the provision of services to any user;
  • Cancel user accounts;
  • Cancel, change, suspend and modify services offered to users at any time without notice or liability;
  • Block any domain or traffic with the potential of causing disruption to The Wilkerson Group service or that are in violation of the Restrictions section.

Notices

Notices shall be in the form an email, system message alerts or as a post on www.TheWilkersonGrp.com forum.

By opening a The Wilkerson Group account you agree to receive emails from The Wilkerson Group and related entities.  You have the ability to unsubscribe at anytime.

Termination

Termination for Cause.  This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events:

  • If the other ceases to do business, or otherwise terminates its business operations; or
  • If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days;
  • If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or
  • If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditor’s arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.

Termination for Convenience.  You may terminate and cancel your service at any time with the discontinued use of this website.

Termination for Breach.  The Wilkerson Group may terminate and cancel your service with immediate effect if The Wilkerson Group Client violates our Direct to Advertiser Services policies.

SURVIVAL

Except as otherwise specified in this Agreement, all Sections will survive any termination or expiration of this Agreement.

Warranty

The Wilkerson Group Service relies on data sourced from a number of providers, including third party providers.  We endeavor to provide real time traffic statistical data and apply quality filters as and when applicable.  We cannot accept liability for any cases of data skews and/or quality levels.

We also warrant that The Wilkerson Group will not violate any third party contractual obligations in relation to third party providers.

Disclaimer

Except as expressly set forth in this Agreement, neither party makes and each party expressly disclaims any warranties as to the subject matter of this Agreement, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.  For the avoidance of doubt, (a) the Service is provided “as is”; and (b) The Wilkerson Group makes no representations or warranties regarding the number, quality, or content of any Advertisements or the timing of delivery of such Advertisements, and accordingly, The Wilkerson Group Customers expressly assumes all risk and responsibility with respect thereto.  Neither party shall be liable for any interrupted or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

If for any reason we are held liable, our liability is limited to the amount paid by you for applicable service(s) concerned. The parties acknowledge and agree that this section is an essential element of the Agreement and that, in its absence; the economic terms of this Agreement would be substantially different.

Release and Indemnification

The Wilkerson Group customers releases and forever discharges The Wilkerson Group and any related entities from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with The Wilkerson Group services.

Force Majeure

Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.

Governing Law

This Agreement shall be governed by United States Law and the State of Texas shall have exclusive jurisdiction in connection herewith.  The Wilkerson Group will comply with all applicable laws under this jurisdiction.

Severability

If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.

Inconsistent terms

The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.

If you would like additional information or have a question, please complete the form below.

Tom Wilkerson, CPA
Odessa, TX
 
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