The TVGla.com website and its associated services and content (collectively “Site”) are owned and operated by The Visionaire Group, Inc. (“TVGla”). TVGla has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Site. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Site and must discontinue your use immediately.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND ASSOCIATED SERVICES, SOME OF WHICH MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
If you are using the Site as an administrative user on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.
TVGla MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SITE OR ANY TERMS AND CONDITIONS OF THIS AGREEMENT. IN THE EVENT TVGla MODIFIES, LIMITS, CHANGES, OR REPLACES THE SITE OR THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR USE OF THE SITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO REMAIN AWARE OF ANY MODIFICATIONS, LIMITATIONS, CHANGES, OR REPLACEMENTS.
1. About the Site
TVGla is a digital marketing agency. It is not TVGla’s intention to provide tax, financial or legal advice. The material contained on the Site is for informational purposes only and your reliance upon any information provided to you by TVG via the Site is solely at your own risk. You understand that TVGla is not obligated to provide any maintenance, technical or other support for the Site.
TVGla reserves the right to terminate a user’s access to the Site for any reason, including, but not limited to, for violating the terms of this Agreement, or for no reason, and without prior notice.
2. Use of TVGla’s Services Beyond the Site
TVGla uses the Site to, among other things, advertise its services. In order to retain use of TVGla’s services, you may enter into a separate agreement with terms specific to the services TVGla is to provide.
3. Ownership of the Site
You acknowledge and agree that TVGla is the owner of, or has rights in and to, the Site and its associated content, including, but not limited to, text, graphics, code, and software, and all intellectual property rights inherent therein. The Site is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Site for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Site, whether in whole or in part, without the prior written consent of TVG. The foregoing prohibition on crawling and aggregation will not apply to search engines.
TVGla hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Site for its customary and intended purposes, which is to evaluate TVGla and its service offerings. Use of the Site for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. Absent prior written permission from TVGla, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Site or its content. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or other proprietary notices from the materials and provide proper attribution to TVGla. This license is revocable at any time, and any rights not expressly granted herein are reserved to TVGla.
4. Trademarks
All trademarks, common law or registered trademarks, displayed on this Site are the property of their respective owners. Specifically, all of TVGla marks are the property of TVGla, including, but not limited to TVGla® and all TVGla logos.
The Site, including its look and feel, color selections, layout, and arrangement, is the trade dress of TVGla. You understand that you are prohibited from using TVGla’s trademarks, service marks, logos, trade names, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in a domain name, meta tag, trade name, trademark, service mark, pay per click advertising, or otherwise, without the prior written consent of TVGla.
5. User Generated Content
TVGla may provide you and/or other third parties with the ability to submit user generated content to the Site, which may include, but is not limited to text, graphics and other content (collectively “User Content”). Except as otherwise licensed herein, you own all rights in and to your User Content. User Content may be hosted, shared, and/or published as part of the Site’s associated services, and may be visible to other users of the Site and publically. You expressly acknowledge, however, that TVGla does not guarantee any confidentiality with respect to any submissions of your User Content.
By submitting User Content to the Site, you grant TVGla a non-exclusive, irrevocable, royalty fee, worldwide, and perpetual license to use your User Content for the customary and intended purposes of the Site and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, and use any of the User Content. These purposes may include, but are not limited to, providing you or third parties with the Site or its associated services and archiving or making backups of the Site. You agree to waive all moral rights in and to your User Content across the world, whether you have or have not asserted moral rights in or to your User Content. By submitting User Content to the Site, you further agree to waive all rights of publicity or privacy with respect to the User Content submitted. TVGla does not claim any ownership rights in or to your User Content outside of this non-exclusive license.
You warrant that any User Content that you submit to and through the Site will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You further warrant that any User Content you submit to the Site will not contain defamatory material or other tortious material in violation of local, state, provincial, national, or international laws, regulations, ordinances, statutes or treaties.
TVGla reserves the right to remove User Content without prior notice and may, at its sole discretion, remove User Content that it determines, at its sole discretion, violates the terms of this Agreement.
6. Section 230 of the Communications Decency Act
You acknowledge and agree that TVGla is an interactive computer service provider under Section 230 of the Communications Decency Act. 47 U.S.C. §230. TVGla may allow users to submit content to the Site and the Site may contain links to third party websites that it does not control.
TVGla has no duty to monitor content submitted to the Site, but it may, within its sole discretion, edit, remove, refuse, or control the content submitted to the Site without notice to the submitting party and for any reason, or which might be offensive, harmful, or threatening to the safety of others, or otherwise violates the terms of this Agreement. You agree that TVGla will not be considered an information content provider and will not be held liable for the republication of defamatory or torturous content created by third parties, whether through the Site or otherwise.
7. Reporting Violations to this Agreement
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to TVGla by sending an email to info@34.215.226.255
8. Third Party Links and Endorsements
You understand that the Site may contain links to third party websites, applications, or services that TVGla does not own or control. You agree that TVGla will not be held responsible or liable for the content of third party websites, applications, or services and that TVGla’s inclusion of those websites, applications, or services within the Site does not constitute TVGla’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services. TVGla will not be held liable for the information contained on any third party website, information sent to TVGla by third party websites, and information intercepted by third parties, or for any content contributed to the Site by third parties, including other users.
TVGla does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Site do not necessarily state or reflect those of TVGla and are not intended to be used for advertising or product endorsement purposes.
9. User Conduct
You agree to comply with the terms of this Agreement. You understand that you are prohibited from using the Site for any uses not explicitly stated in this Agreement. Such unauthorized uses may include:
- Any commercial use, such as the resale or republication of the Site;
- Any modification of the Site, including but not limited to translation into another computer language or the creation of derivative works from the Site;
- Any use of the Site outside of its customary or intended purposes;
- Any use of the Site to transmit any material that violates the rights of third parties, including but not limited to material that contains or constitutes intellectual property infringement, false advertising, or defamation;
- Any use of the Site to upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- Any use of the Site that involves the exploitation of people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18 or that involves nonconsensual sexual acts;
- Any use of the Site to defraud, to impersonate, to harass, stalk, to participate in or promulgate ponzi schemes, pyramid schemes, chain letters, unsolicited bulk or commercial messages, or to collect personal or personally identifiable information from users of the Site without their knowledge or consent;
- Any use of the Site to impersonate another or the creation of multiple alias user accounts;
- Any use of the Site to transmit content that threatens or encourages bodily harm or the destruction of property or to incite illegal activity;
- Any use of the Site involving the forging of any TCP-IP packet header or any part of the header information in an email or a posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any User Content transmitted through the Site (“spoofing”);or
- Any other activity that disrupts the Site or its associated services, including but not limited to through hacking or denial of service attacks, and by uploading, posting, emailing, transmitting, storing, or otherwise making available any material that contains viruses or other malicious computer code, files, or programs designed to harm, interfere or limit the normal operation of the Site.
You expressly agree that you will not use the Site to violate any law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international, to violate the rights of third parties, or for a use outside of the customary and intended purpose of the Site.
10. Child Online Privacy Protection Act
The Site is not directed to persons under the age of eighteen (18) and TVGla will not knowingly collect personally identifiable information from children under the age of thirteen (13). If TVGla inadvertently collects personally identifiable information, TVGla will delete the personally identifiable information in accordance with its security protocols.
11. DISCLAIMER OF WARRANTIES
TVGla DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES OF TVGla. TVGla PROVIDES THE SITE AND THE SERVICES PROVIDED THROUGH THE SITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
TVGla WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY COMMENTS PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE SITE, OR ANY CONTENT TRANSMITTED THROUGH THE SITE. TVGla IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBLITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. YOU EXPRESSLY AGREE THAT ANY TRANSMISSION, STORAGE, ACCESS, OR MAINTENANCE OF DATA THROUGH THE SITE IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SITE.
TVGla RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
12. LIMITATION OF LIABILITY
TVGla WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SITE OR YOUR USE OF SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT TVGla CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE SITE. IF NO AMOUNT IS PAID BY YOU TO TVGla, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS, BUT TVGla IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
13. Indemnification
You agree to hold harmless, indemnify, and defend TVGla, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, and personal injury that either directly or indirectly arise out of or are related to your use of the Site, your use or provision of any services through the Site, your reliance upon advice or comments provided through the Site, your submission of User Content to the Site, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or your violation of the rights of a third party.
Your obligation to defend TVGla under the terms of this Agreement will not provide you with the right to control TVGla’s defense, and TVGla reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend TVGla.
Your indemnification obligations shall survive any termination of the Site or this Agreement.
14. Resolution of Disputes and Governing Law; Limitation on Actions
This Agreement will be interpreted under and governed by the laws of the state of California without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against TVGla will be exclusively resolved through arbitration. You also agree that the Site is a passive website and that the Site does not give rise to personal jurisdiction over TVGla in jurisdictions other than the state of California.
BOTH TVGla AND YOU agree that any and all claims or controversies whatsoever (whether arising in tort or contract and whether arising under statute or common law) brought by either of the Parties hereto, arising out of or in any way relating to this Agreement will be submitted to binding arbitration in Los Angeles County, California, before a sole arbitrator selected from Judicial Arbitration and Mediation Services, Inc., or its successor (“JAMS”), pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. If JAMS is no longer able to supply the arbitrator, such arbitrator will be selected from the American Arbitration Association, and such arbitration will be conducted in accordance with the provisions of California Code of Civil Procedure §§ 1280 et seq. as the exclusive forum for the resolution of such dispute. The arbitrator will follow any applicable federal law and California state law (with respect to all matters of substantive law) in rendering an award. At the conclusion of the arbitration, the Arbitrator will issue a written decision that sets forth the essential findings and conclusions upon which the Arbitrator’s award or decision is based. Any award or relief granted by the Arbitrator hereunder will be final and binding on the Parties hereto and may be enforced by any court of competent jurisdiction. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY ARE HEREBY WAIVING ANY RIGHTS TO TRIAL BY JURY. The Parties further agree that in any proceeding to enforce the terms of this Agreement, the prevailing Party will be entitled to its reasonable attorneys’ fees and costs, including, without limitation, the costs of the arbitrator, the arbitration proceeding and any proceeding in court to confirm or to vacate an arbitration award, incurred by it in connection with resolution of the dispute in addition to any other relief granted.
TVGla AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU FURTHER AGREE THAT WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TVG ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
15. Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. TVGla may assign its rights and obligations under this Agreement at any time, including but not limited to an affiliate or where TVGla is involved in the transfer or sale of all or substantially all of its business or services related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction.
16. Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
17. Integration
This Agreement expressly incorporates by reference TVGla’s Privacy Policy. This Agreement and the incorporated Privacy Policy constitute the entire agreement between the parties with respect to the use of the Site. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind TVGla.
Notwithstanding the above, TVGla and you may enter into other agreements related to TVGla’s providing services to you, the terms of which shall apply to any such retention of services consistent with Section 2 above.
18. Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to by TVGla unless said waiver or consent is in writing and signed by TVGla.
19. Reservation of Rights
All rights not expressly granted herein are reserved to TVGla.
20. Notice
Any notice you are required by this Agreement to give to TVGla must be in writing, with a copy via email to:
TVGla
400 Corporate Pointe, Suite 700
Culver City, CA 90230
TVGla may provide you with notices regarding the Site, including changes to this Agreement, by email, where applicable, and/or by posting such notice on the Site.