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TRADEMARKS: Service marks, trademarks, logos and graphics (the "Trademarks") appearing on Robert Tolar Marketing's web site are registered and unregistered Trademarks of Robert Tolar Marketing and of others. All trademarks, registered trademarks and service marks are the property of their respective companies. No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on Robert Tolar Marketing's web site. Robert Tolar Marketing vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse and misappropriation of its property. TERMS OF USE TERMS: By accessing this site, you are agreeing to be bound by these Terms of Use, all applicable regulations and laws and agree that you are responsible for compliance with all applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim arising from Robert Tolar Marketing's web site shall be governed by the laws of the State of California. USE LICENSE: Permission is granted to temporarily download one copy of the materials on Robert Tolar Marketing's web site. This is the grant of a license, not a transfer of title and under this license you may not:
This license shall immediately terminate if you violate any of these restrictions and may be terminated by Robert Tolar Marketing at any time. Upon termination of this license, you must destroy any downloaded materials in your possession. DISCLAIMER: THE MATERIALS ON ROBERT TOLAR MARKETING'S WEB SITE ARE PROVIDED "AS IS". ROBERT TOLAR MARKETING MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND ROBERT TOLAR MARKETING DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR VIOLATION OF RIGHTS. FURTHER, ROBERT TOLAR MARKETING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR THOSE ON ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL ROBERT TOLAR MARKETING OR ITS ASSOCIATES BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON ROBERT TOLAR MARKETING'S WEB SITE. REVISIONS: The materials appearing on Robert Tolar Marketing's web site may include technical, typographical or photographic errors. Robert Tolar Marketing does not warrant that any of the materials on its site are complete, accurate or current, and Robert Tolar Marketing may make changes to the materials contained on its site at any time without notice. Robert Tolar Marketing does not make any commitment to update the materials. LINKS: Robert Tolar Marketing has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Robert Tolar Marketing. TERMS OF USE MODIFICATION: Robert Robert Tolar Marketing may revise these terms of use for its web site at any time without notice. By using this site, you are agreeing to be bound by the then current version of these Terms of Use. LINKS Robert Tolar Marketing encourages links to its web site. Any such link from a different site must conform to the following rules: Unless Robert Tolar Marketing provides you with prior authorization in writing, any link to Robert Tolar Marketing's site must use the following logo: |
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Robert Tolar Marketing grants you a limited license to use the logo but does not transfer title in this logo to you. The above logo may only be used as a active link to Robert Tolar Marketing's web site at http://www.tolar-marketing.com. You may not use the above logo to imply that Robert Tolar Marketing has sponsored or endorsed your web site without receiving the prior written permission of Robert Tolar Marketing . You may not alter the above logo in any way, including proportions or colors and may not animate or morph the logo to change its appearance. You may not use the logo on any site which, in Robert Tolar Marketing's sole discretion, disparages Robert Tolar Marketing or its Associates or its services. The above logo may only be used on web pages which, in Robert Tolar Marketing's sole discretion, make accurate references to Robert Tolar Marketing or its Associates and/or services. The logo must be placed on the same page as the reference to Robert Tolar Marketing and as close to the reference as feasible. Any unauthorized use of the materials contained on Robert Tolar Marketing's web site may result in criminal or civil penalties and Robert Tolar Marketing will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property. |
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TERMS AND CONDITIONS OF ENGAGEMENT OTHER DOCUMENTS: Any engagement with Robert Tolar Marketing is subject to the terms and conditions stated herein, on the face of the invoice, and in all other documents accompanying the purchased service(s) which are in lieu of and replace any and all terms and conditions set forth in any documents issued by the customer, including, without limitation, any purchase orders and any specifications. In case of a conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. No waiver or amendment to these terms and conditions shall be binding on Robert Tolar Marketing unless made in writing expressly stating that it is such a waiver or amendment and signed by Robert Tolar Marketing. DEFINITIONS: "Product" or "Product(s)" shall mean such documentation as is sold or provided to the customer. "Seller"shall mean the provider of the service(s). ACCEPTANCE: All requests for services placed by customer with Seller shall be subject to acceptance by Seller. Acceptance by customer of the services provided by Seller shall occur at the completion of the engagement and shall constitute acceptance of these terms and conditions. PAYMENT: Customer shall pay Seller for all charges listed on Seller's invoice, including all travel related expenses. Unless otherwise agreed to in advance and in writing, all payments shall be due upon receipt of invoice. On any amounts not paid when due, customer agrees to pay interest at the rate of 1 1/2% per month (18% per year) or, of such rate is in excess of the rate allowed by law, then customer agrees to pay the highest rate allowed by law. In addition, customer agrees to pay all costs of collection, including costs of litigation and reasonable attorney's fees. A $ 25.00 collection fee will be charged for all dishonored checks. TAXES: Unless otherwise stated on the face hereof, quoted prices do not include any customs duties, sales, use, value added, excise, federal, state local or other similar taxes. All such duties or taxes shall be paid by customer. FORCE MAJEURE: Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure or other difficulties which are beyond the control and without the fault or negligence of Seller. LIMITATION OF LIABILITY: IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SELLER'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS ENGAGEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY SERVICE(S) SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF SELLER OR OTHERWISE. CUSTOMER AGREES TO INDEMNIFY SELLER AGAINST ANY AND ALL EFFECTS ARISING FROM INACCURATE INFORMATION PROVIDED BY CUSTOMER, CUSTOMERS EMPLOYEES AND/OR CUSTOMERS ASSOCIATES PARTICIPATING IN PLANNING OR RELATED ACTIVITIES, AND AGAINST ALL EFFECTS, INCLUDING LOSS OF REVENUE, ARISING FROM FAILURE BY THE CUSTOMER TO SUCCESSFULLY EXECUTE THE PLANS. SUBSTITUTIONS AND MODIFICATIONS: Seller reserves the right to substitute or change materials, methodologies, techniques or functional attributes at any time without notice. GOVERNING LAW: This agreement is governed by the laws of the State of California, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have jurisdiction over this agreement and customer. ASSIGNMENT: Customer may not assign its rights or obligations hereunder without the express prior written consent of Seller. ENTIRE AGREEMENT: These terms and conditions, including those on the face hereof, constitute the entire Agreement with regard to this engagement and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said engagement, including any terms and conditions on any customer's documents or purchase orders. This Agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. |
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Copyright 1996-00 by ROBERT TOLAR, all rights reserved |
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