DAVID RAITT & ASSOCIATES
ONLINE MARKETING SERVICES – TERMS & CONDITIONS
Last Revised: 13 October 2015
1. ACCEPTANCE OF TERMS
David Raitt & Associates (“DR&A”) provides a range of online marketing services for local businesses (the “Marketing Services”). The customized Proposal (the “Proposal”) sets out which Marketing Services are being purchased by the client who signed the Proposal (“you” or “Client”), the costs for such Marketing Services, and other relevant details.
The terms and conditions set out in this document, as amended from time to time (the “Terms”) are incorporated by reference into and made a part of any Proposal issued by DR&A and govern the relationship between you and DR&A. These Terms also apply to any Marketing Services you may sign-up for without a Proposal, such as free trials or other limited-time offers. All executed Proposals are subject to acceptance by DR&A, in its sole discretion. The Proposal, the Terms, and the documents and/or links referenced in such documents are together referred to as the “Agreement.” By accepting the Marketing Services you agree to be bound by the Agreement, which you acknowledge that you have read and understood.
If you are accepting on behalf of your employer or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such legal entity to this Agreement, (ii) you have read and understand this Agreement and (iii) you agree, on behalf of the Client, to this Agreement. (See also Section 12. Agency.)
DR&A may at any time revise these Terms, without notice, by updating the posting of these Terms at http://www.davidraitt.com/terms/ and changing the “Last Revised” date reference at the top of these Terms. It is your responsibility to check these Terms regularly for any such revisions. If you do not wish to be further bound by the Terms as amended you must immediately notify DR&A in the manner prescribed in these Terms and stop using the Marketing Services, resources, or materials. Your continued use of the Marketing Services will evidence your agreement to be bound by the Terms effective as of the time they were amended by DR&A.
2. EARNINGS AND INCOME DISCLAIMER
You acknowledge that marketing and advertising are unpredictable activities with no guarantee of successful outcome. DR&A cannot and does not make any guarantees about your ability to get results, generate leads and/or clients, or earn any money with our ideas, information, strategies, or the performance of services. Any results or financial numbers referenced in any of our marketing materials are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. We strongly recommend caution and that you always consult your accountant, lawyer and/or professional advisor before acting on this or any information related to your business or finances. You alone are responsible and accountable for your decisions, actions and results, and by your acceptance of the Marketing Services you agree not to attempt to hold DR&A liable for your decisions, actions or results, at any time, under any circumstance.
You agree to pay the amounts set forth in the Proposal in accordance with Section 4 below. The Fees are generally divided into service fees and set-up fees. Service fees are for the delivery of any premium services that DR&A may, from time to time, offer. Set-up fees are one-time fees for the set-up of campaigns or other services. DR&A reserves the right to change any of the Fees at any time, provided that such changes will not take effect until a new Proposal has been executed and delivered to DR&A by you.
4. PAYMENT TERMS
General. Once an executed Proposal has been accepted by DR&A, you will be responsible for payment in full of all Fees, except as may otherwise be provided in Section 5 below. The Fees shown are not inclusive of Canadian Harmonized Sales Tax (“HST”) or similar taxes which may be applicable. If applicable, HST and similar taxes shall be your sole responsibility and may be assessed on the invoice. Please note that the sales tax shown on a Proposal is only an estimate. The actual amount of tax will be determined at the time that payment is made. All payments are due in Canadian dollars.
Manner of Payment. You shall pay for all amounts payable under this Agreement either by cheque, electronic funds transfer from your bank account (via PayPal) or such other form of payment as DR&A may, in its sole discretion, permit. In the case of payment through electronic funds transfer, no amounts owing are considered paid until the electronic debit has been received by DR&A’s bank. All returned cheques will be charged a $25.00 CAD return cheque fee. Counter cheques will not be accepted. Cheques and money orders must be sent in Canadian funds.
Timing of Payment. Fees, as identified in the Proposal, are due upon receipt of an invoice from DR&A. For ongoing Marketing Services, invoices will be issued every 30 days beginning from the first date identified in the Proposal (the “Billing Cycle”). You understand and acknowledge that, in addition to being in breach of your contractual obligations, your campaign or service may be paused or terminated if timely payment is not received.
Collection of Amounts Owed. Any amounts not paid by you when due shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You agree to pay all costs of collection (including attorneys’ fees and costs and all other legal and collection expenses) incurred by DR&A in connection with its enforcement of its rights under the Agreement.
5. TERM / TERMINATION
Term. The Agreement shall commence upon execution of a Proposal and shall continue until cancelled in accordance with the terms of this Agreement. Free trials and other limited time offers signed up for without a Proposal have limited terms and will automatically conclude unless Marketing Services are purchased via a Proposal at the end of the trial period.
Cancellation. You may cancel any Marketing Service at any time and for any reason upon written notice to DR&A (a “Cancellation Request”). Email is acceptable for Cancellation Requests. Cancellation will be effective at the completion of the current Billing Cycle after DR&A’s receipt of your Cancellation Request.
DR&A may cancel at any time for any reason on written notice to you (which may be provided by email) upon the conclusion of a Billing Cycle.
Cancellation Fee. If you wish to cancel any Marketing Service immediately without completing the current Billing Cycle, you may do so, but you will have to pay a cancellation fee equal to 50% of any unpaid portion of such Marketing Service’s term (the “Cancellation Fee”).
DR&A will invoice you for the Cancellation Fee, which invoice must be paid within seven (7) business days after the invoice date. No cancellation of a Proposal under this section shall take effect until the Cancellation Fee has been paid, meaning that you shall continue to be obligated to pay for all Marketing Services in the current Billing Cycle in accordance with the terms of this Agreement. You acknowledge that the Cancellation Fee is not a penalty, but rather is a reasonable amount of liquidated damages to compensate DR&A for your early cancellation of Marketing Services.
Cancellation Revocation. You may, upon written notice to DR&A (email is acceptable) revoke such termination within 30 days after you have made a Cancellation Request, in which case the Proposal will be reinstated and all applicable Marketing Services will be re-initiated upon payment in full of all amounts owed. If the Cancellation Fee has already been paid, it shall be applied to the amount owing.
Termination for Cause. Either you or DR&A may terminate the Agreement (which will terminate all current Proposals) on 30 days prior written notice (the “Notice Period”) if the other party is in material breach of its obligations hereunder and such breach has not been materially cured by the conclusion of the Notice Period. For certainty, DR&A makes no guarantees with respect to the performance of any campaign or any other Marketing Service and therefore such performance shall not be a basis for termination pursuant to this Section.
Campaign Pauses. DR&A may pause a managed campaign at any time for operational reasons. You may also pause your own campaigns; however, you must communicate with DR&A if you choose to do so. Paused campaigns are still subject to Fees as set out in the Proposal, unless prior written agreement to modify Fees has been executed by you and DR&A.
No Refunds. You understand and agree that you will not be entitled to any refunds of amounts already paid to DR&A.
Effect of Termination; Survival. You understand and acknowledge that due to the nature of the Internet, certain information regarding you that was posted on the Internet as part of the Marketing Services may continue to be available on the Internet following termination of Marketing Services and/or the Agreement. All provisions of the Agreement that by their sense or nature should survive termination of the Agreement (including, without limitation, all limits of liability, indemnity obligations, and confidentiality obligations) shall survive. Without limiting the generality of the foregoing, in the event of any termination, you shall remain liable for any amounts due to DR&A as of the effective date of termination.
6. USE AND TRANSFER OF PERSONAL INFORMATION
As part of any Marketing Service initiation process and from time to time during the provision of Marketing Services, you will provide certain information to DR&A. You agree that this information shall be accurate and complete, and you agree to update your account information to keep it accurate and complete.
You hereby permit DR&A to store your contact information, payment information, and campaign information. DR&A will only use such information in connection with the fulfillment of the Marketing Services, as otherwise permitted by the Agreement and as may be legally necessary. In addition, you agree that DR&A may, from time to time, use your data to send you emails regarding campaign updates, payment reminders, and marketing opportunities relating to DR&A and its commercial partners.
Notwithstanding the foregoing, DR&A may also (a) make disclosures of personal information to a potential acquirer in connection with a transaction involving the sale of DR&A’s business, and (b) send personal information outside of the country for the purposes set out above, including for process and storage by service providers in connection with such purposes, and you should note that while such information is out of the country, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
7. PRIVACY CONSIDERATIONS
You shall, at all times, post a Privacy Statement on your native web site (the “Existing Site”) and comply with such Privacy Statement. The Privacy Statement must comply with all applicable laws. You shall ensure that your Privacy Statement does not contain provisions that are inconsistent with the nature of the services being provided by DR&A. You understand and acknowledge that your failure to maintain a Privacy Statement that complies with the foregoing requirements may expose you and DR&A to liability which you shall fully indemnify.
8. INTELLECTUAL PROPERTY RIGHTS
License to DR&A. You hereby grant to DR&A a non-exclusive, royalty-free, worldwide license to use, copy, modify (as permitted herein), publicly perform, display, broadcast and transmit during the term of this Agreement (i) any text, images, logos, trademarks, service marks, promotional materials, product or service information, comments, reviews, photos, audio and video clips and other information (“Client Content”) you provide in connection with any Marketing Service and (ii) the Existing Site, to the extent necessary for DR&A to perform the Marketing Services. Except as set forth in this Agreement, title to and ownership of all intellectual property rights of all Client Content shall remain with you or your third-party licensors. You agree that DR&A may, during the term of this Agreement and thereafter, include your name (including any trade name, trademark, service mark and logo) on DR&A’s client list, and in its marketing materials, sales presentations and any online directories that DR&A may, from time to time, publish. You agree to retain a copy of all materials submitted by you to DR&A, as DR&A bears no obligation whatsoever to return any content or property submitted by you.
DR&A Creative Services. If you request that DR&A provide any creative services, you will remain fully responsible for any content you provide to DR&A. With respect to any content created by DR&A, as between you and DR&A, DR&A shall retain ownership of the design elements of such content, excluding any of your trade names, trademarks, service marks or logos or other proprietary elements that may be included within such content, but that predate the creation of the content.
If you provide a testimonial to DR&A, you hereby grant DR&A the worldwide right to use your name, testimonial(s) and any samples of DR&A work product, for use in the Marketing Services and for the promotion of DR&A, advertising, distribution and sale of any and all versions of the Marketing Services and other DR&A products and services in any and all media of any nature whatsoever, where now known or hereafter devised and in any works derived therefrom, including the right to edit or modify the testimonial for this purpose. Termination of your client relationship under any circumstances does not terminate DR&A’s rights to such testimonials granted herein.
10. YOUR REPRESENTATIONS, WARRANTIES AND COVENANTS
You represent and warrant that you have all necessary rights and authority to enter into the relationship with DR&A contemplated by the Agreement. You represent, warrant and covenant that the Existing Site, any content linked to the Existing Site and any content or materials that you provide to DR&A, do not and will not: (a) infringe on any third party’s copyright, patent, trademark, trade secret, moral right or other proprietary rights or right of publicity or privacy; (b) violate any law, statute, ordinance or regulation, including, without limitation, laws and regulations governing export control, false or misleading advertising or unfair competition; (c) be defamatory or libelous; (d) be pornographic or obscene; or (e) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You further represent, warrant and covenant that the product or service that is being (or will be) promoted through any campaign is (i) lawful and (ii) not the subject of any ongoing investigation by any local, provincial or federal regulatory or quasi-regulatory authorities.
You will indemnify, defend (with counsel reasonably acceptable to DR&A) and hold harmless DR&A, its affiliates and parent companies and each of their respective directors, officers, agents and employees and each of their successors and assigns (the “DR&A Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including without limitation reasonable attorneys’ fees and expenses) incurred in connection with any claim, action or proceeding arising from or relating to: (i) any breach by you of any representation, warranty, covenant or other obligation contained in these Terms; (ii) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your accounts; (iii) the sale, license, supply or provision of your goods or services; or (iv) any other act, omission or misrepresentation by you. DR&A reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If DR&A does assume the defense of such a matter, you will reasonably cooperate with DR&A in such defense. You will not enter into any settlement or compromise of any such claim, which settlement or compromise would result in any liability to, or any admission of wrongdoing by, any indemnified person or entity, without DR&A’s prior written consent.
DR&A will indemnify, defend, and hold you harmless from and against any loss, damage, cost, liability or expense (including reasonable legal fees) arising out of any claim that its provision of the Marketing Services infringes the copyright, patent, trade secret or other proprietary rights of any third party, provided that notice is given to DR&A promptly of such claims and that you provide such assistances as may be reasonably required in the defense of such matters.
In the event you are purchasing advertising on behalf of another company, you represent and warrant that you have been authorized by each such company to act as its agent in all respects relating to the Agreement, including, without limitation, the making of any elections or giving of any consents. Without limiting the generality of the foregoing, you agree on behalf of each such company that such company has been made aware of, and agrees to be bound by, these Terms. You and each such company shall be jointly and severally liable for fulfillment of obligations under this Agreement, including all payment obligations.
Except as may be required by applicable law, you shall not disclose the contents of the Agreement to any third party (other than its employees and representatives who are made aware of and agree to this restriction) without DR&A’s prior written consent. Except as otherwise expressly herein permitted, no party may issue a press release concerning the existence or terms of the Agreement without the prior written consent of the other party. In addition, except as may be required by applicable law, you may not disclose any Confidential Information regarding DR&A. “Confidential Information” means information about DR&A (or its suppliers’) business, products, technologies, strategies, financial information, operations or activities that is proprietary and confidential, including without limitation all business, financial, technical and other information disclosed by DR&A. Confidential Information will not include information that you can establish is in or enters the public domain without breach of these confidentiality obligations.
14. DISCLAIMER OF WARRANTIES
DAVID RAITT & ASSOCIATES PROVIDES ALL MARKETING SERVICES PERFORMED HEREUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED AVAILABILITY. YOU UNDERSTAND AND ACKNOWLEDGE THAT DR&A CANNOT GUARANTEE “TOP POSITIONS” OF YOUR CAMPAIGN ADVERTISING IN SEARCH ENGINES AND/OR DIRECTORIES. IF THE MARKETING SERVICES ARE INTERRUPTED OR DELAYED, DR&A’S SOLE OBLIGATION WILL BE TO RESTORE SUCH SERVICES AS SOON AS PRACTICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DR&A DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DR&A WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (ii) CLAIMS RELATING TO INFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY (OTHER THAN AS SET OUT IN SECTION 11) OR DEFAMATION; (iii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF ANY OF THE MARKETING SERVICES; (iv) UNAUTHORIZED ACCESS TO OR USE OF DR&A’S SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (v) INTERRUPTION OF TRANSMISSION TO OR FROM THE MARKETING SERVICES; (vi) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE MARKETING SERVICES BY ANY THIRD PARTY; (vii) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE MARKETING SERVICES; OR (viii) MATTERS BEYOND DR&A’S REASONABLE CONTROL. DR&A DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE OFFERINGS OR ANY LINKED WEB SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DR&A OR THROUGH THE MARKETING SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY MADE IN THESE TERMS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DR&A MAKES NO GUARANTEES WITH RESPECT TO THE PERFORMANCE OF ANY CAMPAIGN OR ANY PRODUCT OR SERVICE.
15. LIMITATIONS OF LIABILITY
NO CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOST DATA OR LOST PROFITS (EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING EXCLUSION OF LIABILITY WILL NOT APPLY TO (i) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, INCLUDING ANY AMOUNTS PAYABLE IN CONNECTION THEREWITH; (ii) TO YOUR CONFIDENTIALITY OBLIGATIONS; AND/OR (iii) EITHER PARTY’S WILLFUL MISCONDUCT.
LIMITATION ON DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DR&A’S CUMULATIVE, AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNTS RECEIVED BY DR&A FROM YOU DURING THE 12-MONTH PERIOD IMMEDIATELY PRIOR TO THE INCIDENT GIVING RISE TO SUCH LIABILITY. IN LIEU OF REFUND, DR&A SHALL BE PERMITTED, IN ITS SOLE DISCRETION, TO PROVIDE “MAKE-GOOD” MARKETING SERVICES, PROVIDED SUCH “MAKE-GOOD” MARKETING SERVICES ARE PROVIDED WITHIN A REASONABLE PERIOD OF TIME AFTER THE LIABILITY HAS ACCRUED.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent DR&A may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of DR&A’s liability will be the minimum permitted under such law.
Acknowledgement. Each party acknowledges that the other party has entered into the Proposal in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
16. INFORMAL DISPUTE RESOLUTION
We hope that the Marketing Services meet your expectations. However, there may be instances when you feel that DR&A may not be fulfilling its obligations. In those instances, DR&A is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with DR&A, you acknowledge and agree that you will first give DR&A an opportunity to resolve your problem or dispute. This includes you first outlining your problem or dispute within 30 days of the Marketing Services being performed by sending an email to firstname.lastname@example.org. You then agree to negotiate with DR&A in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within 60 days after DR&A’s receipt of your written description of it, you retain all rights to pursue your claims.
Governing Law/Venue. The Agreement will be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to conflict of laws principles. Any dispute shall be settled in the courts located in the City of Toronto in the Province of Ontario, though the foregoing shall not limit the ability of DR&A to seek injunctions and remedies in other jurisdictions which are required to stop continuing breaches of the Agreement by you.
Timing of Claims. You agree that, regardless of any statute or law to the contrary, the dispute resolution process identified in Section 16 applicable to any claim, dispute or controversy arising out of or related to the Agreement must be commenced within one year after such claim or cause of action arose or be forever barred; provided that this section shall not in any way limit the time in which claims for infringement or misappropriation of Intellectual Property Rights may be brought.
Entire Agreement. The Agreement (which includes the Proposal and any payment authorization forms) sets forth the entire agreement of the parties and supersedes any and all prior oral or written agreements or understandings between the parties as to the subject matter hereof. In the event of any inconsistency between these Terms and any other DR&A publication, the provisions of these Terms shall take precedence to the extent of the inconsistency. The Agreement may be changed only by a writing signed by both parties. With respect to changes to Proposals then in effect, such writing may include email, provided that such changes are limited to a change in the term of the Proposal or the amounts being paid under the Proposal.
Waiver. No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms. No failure on the part of either party to exercise, and no delay in exercising, any right under these Terms shall operate as a waiver of such right.
Notice. Any written notices to DR&A required under the Agreement shall be provided (a) by mail to David Raitt & Associates at: 6-1500 Upper Middle Road West, Suite #209, Oakville, ON, L6M 4R4; (b) by email to email@example.com; or (c) by other means specified in writing by DR&A. Any written notices to Client shall be provided (i) by mail to the Client address provided upon Client’s registration with DR&A; (ii) by email to the Client’s provided email address; or (iii) by posting such notice on the DR&A website at http://davidraitt.com/terms/. Postal mail notices shall be deemed delivered 72 hours after posted in the mail.
Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
Assignment. You may not assign any Proposal or the Agreement without the prior written consent of DR&A. The parties’ rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors and joint administrators and permitted assigns.
Independent Contractors. The parties to the Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by the Agreement.
Third-Party Services. Some of the Marketing Services may incorporate third-party products and services and DR&A may do so without your consent, provided that DR&A remains primarily liable for the performance of its obligations to you. You acknowledge and agree that DR&A may accept the Terms and Conditions of third-party services on your behalf (such as agreement to the Google AdWords Terms of Service upon the initial setup of an AdWords account, for example). It is your responsibility to read and understand such Terms and you agree to be bound by them.
For certainty, you are responsible for all third-party advertising and related fees accrued as a result of any marketing activity by you or by DR&A operating on your behalf. You are responsible for monitoring all DR&A-administered accounts and all advertising spending, and for promptly notifying DR&A if you believe any fees have been accrued in error. You acknowledge and agree that for any marketing activity, whether initiated by you or by DR&A on your behalf, individual results may vary, including the possibility of negative results, and DR&A makes no representations, warranties or conditions regarding such activity.
“Including”. In these Terms “including” means “including without limitation” and is not to be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it.
Referrals. You acknowledge that DR&A may provide incentives to third parties to introduce potential clients to DR&A or to direct DR&A to potential clients.
Force Majeure. Neither party shall have any liability for any failure or delay (other than with respect to payment obligations) resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or inventory shortage, unavailability of currency, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the reasonable control of such party.
If you have questions or comments regarding David Raitt & Associates or any of its Marketing Services, please email us at firstname.lastname@example.org or call (289) 837-3794.
(No unsolicited commercial messages, please.)