Terms

You should review these terms of use (“Terms of Use”) carefully prior to using our website. By using our website, you agree to be bound by the provisions contained in these Terms of Use. We may amend these Terms of Use from time to time without notice to you, and you agree to be bound by any such amendments. Therefore, you should review these Terms of Use each time you use our website. If these Terms of Use or any amendments are unacceptable, you must discontinue your use of our website immediately. As used in these Terms of Use, “we” and “our” refer to The Voom Group, Inc. and its subsidiaries. References to “our website” includes, where applicable, any content, products, and services contained on our website.

General
We reserve the right to modify, suspend, or discontinue our website at any time for any or no reason with or without notice to you.

You shall not use or attempt to use our website for any improper or unlawful purpose including, without limitation, to violate any of our policies, procedures, or requirements, or to interfere with, disrupt, or breach the security of our website or any of our servers or networks. You are responsible for ensuring that your use of our website does not violate any applicable local, state, federal, international or other law, rule, or regulation including, without limitation, those of the U.S. Securities and Exchange Commission, any national or international stock exchange, and any law regarding the transmission of technical data exported from the United States of America or any other country.

Our Services
If you want to distribute our search results: We make our search results and related services available for distribution by any party who has signed a partner agreement with us. The partner agreement regulates how we supply our services and also the behavior of the party to whom we supply our services. Importantly, the partner agreement sets out how the party receiving our service can make money from its display of the results of our services. Other than as may be permitted by applicable law, you may not for any reason whatsoever:

intercept, save and/or cache, distribute, or reproduce the search results or related services delivered by our website (which represents proprietary information), whether reformatted or not, for any purpose, except to the extent permitted by a valid partner agreement; or
use any searchbox or link to our services or the results of our services for any malicious or immoral purpose, or any other purpose in violation of these Terms of Use; or
send automated queries to our systems.
This means for example that, without limitation, you are prohibited to “meta-search” or mirror our website or results of our services. You also agree not to use “Bots” or “Spiders” or any other type of device including, without limitation, any program, software, system or method, whether electronic or otherwise, that executes searches on our website.

If you would like to discuss the procedure for entering into a partner agreement with us – please call us at 972-424-8887 or send an email to Info@voomgroup.com and we will be happy to speak with you about this.

Privacy Policy
You should review our privacy statement before using our website.

Security
You may receive a username and a password for your use of certain parts of our website. It is your responsibility to maintain the confidentiality of your username and password. You must contact us immediately if you become aware of any unauthorized use of your account or breach in the confidentiality of your username and/or password. You are responsible for all use, including unauthorized use, of our website through your designated username and password. In no event shall we be liable for any loss or damage resulting from or relating to the requirements of this Section.

Ownership
All materials contained on our website including but not limited to text, images, and graphics are protected under applicable laws relating to intellectual property rights, such as copyright, patent, and trademark laws. No part of our website may be reproduced, copied, modified, republished, or transmitted in any manner by any means without our written permission. You shall not modify our website or sell, lease, loan, distribute or create any derivative works from it.

No License
Except as set out in any agreement we have with you, nothing contained on our website confers any license, right, title, or interest in or to our intellectual property or any third-party’s intellectual property (including but not limited to patents, copyrights and trademarks) in any form by implication, estoppel, or otherwise.

Trademarks
“Voom Group” and the Voom Group logo type are trademarks of The Voom Group, Inc.

Infringement
We respect the intellectual property rights of others. In compliance with 17 U.S.C. § 512, if you believe any link to a third-party site found within our website infringes your intellectual property rights, please contact us (in writing, including your name, address, and telephone number, and providing a description and the location of the alleged infringing material) at the address stated at the end of these Terms of Use so that we may review any alleged infringement.
Indemnification

You agree to indemnify, defend, and hold us and our directors, officers, employees, agents, contractors, affiliates, subsidiaries, successors and assigns harmless from any and all third-party losses, claims, demands, liabilities, damages, costs or expenses of any kind or nature (including but not limited to reasonable attorneys’ fees and costs of litigation) resulting from your use of our website.

NO WARRANTIES
OUR WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY TYPE WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; ANY WARRANTY THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, RELIABLE, SECURE, OR ERROR-FREE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR WEBSITE FOR YOUR PURPOSES OR EXPECTATIONS. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), OR FOR DAMAGE TO YOUR COMPUTER (INCLUDING BUT NOT LIMITED TO HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION OR MATERIAL ON THE INTERNET), LOSS OF DATA, REVENUE, OR CUSTOMER GOODWILL, OR FOR FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL DISPLAYED, OR ANY CLAIM IN CONTRACT OR TORT (WHETHER OR NOT ARISING IN WHOLE OR PART OUT OF OUR ACT, OMISSION, FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CERTAIN PARTS OF THE FOREGOING PARAGRAPH OF THIS SECTION MAY NOT APPLY TO YOU.

FURTHERMORE, IN NO EVENT SHALL WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR WEBSITE NOR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR WEBSITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE.

Third-Party Beneficiaries
Except as may be specifically set forth in these Terms of Use, there are no third-party beneficiaries to these Terms of Use.

Partial Invalidity
If any provision of these Terms of Use for any reason shall be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of this Agreement; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.

Waiver
Any waiver of any provision of these Terms of Use will be effective only if in a writing signed by us. The failure by us to enforce any provision of these Terms of Use will not be deemed a waiver of such provision or any other provision.

Governing Law and Consent to Jurisdiction
The laws of the state of Texas, U.S.A. govern all matters arising out of these Terms of Use, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction. Any dispute or claim arising out of or in relation to these Terms of Use, or the interpretation, making, performance, breach or termination thereof, will be finally settled by the courts of the state of Texas, U.S.A. and of any federal court located in the state of Texas, U.S.A.

Entire Agreement
These Terms of Use along with any other notices, policies, procedures, agreements, and terms and conditions on our website and/or concluded with you offline contain the entire understanding with respect to your use of our website and our relationship with you and supersede all prior understandings and agreements, whether written or oral, and all prior dealings.

Contact
If you have any questions regarding these Terms of Use, the practices of our Web site, or your dealings with our Web site, you may contact us at the following address:

Attn: Legal Department

The Voom Group, Inc.
1825 E Plano Parkway.
Suite 250
Plano, TX 75074

Info@voomgroup.com

Terms and Conditions of Sale
This section covers terms and conditions of sale for quotations, orders, delivery, scheduling and other issues. The practices covered are listed in alphabetical order.

Acceptance of Bids: All orders are subject to acceptance by an officer of the The Voom Group, Inc.

Accuracy of Specifications: Quotations are based on the accuracy of the specifications provided. The Voom Group, Inc. can requote a job at time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.

Alterations/Corrections: Client alterations include all work performed in addition to the original specifications. It is customary in the industry to charge for these services

Color Proofing: A color proof is used to simulate how the printed piece will look. Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance and the proof becomes a contract between the client and The Voom Group, Inc.

Creative Work: “No use shall be made, except by written permission of the The Voom Group, inc. for all use of this work and for any derivation of ideas from it and compensation (if any) to be determined by The Voom Group, Inc.”

Client-Furnished Materials: Materials furnished by clients or their representative are verified by delivery tickets. The Voom Group, inc. bears no responsibility for discrepancies between delivery tickets and actual counts. Client-supplied paper must be delivered according to specifications furnished by THe Voom Group, Inc. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the client must be usable by The Voom Group, Inc. without alteration or repair. Items not meeting this requirement may be repaired by the client, or by The Voom Grou, Inc. and may be billable.

Client’s Property: The Voom Group, Inc. will only maintain fire and extended coverage on property belonging to the client while the property is in the supplier’s possession. The supplier’s liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid to The Voom Group, inc..

Delivery: Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. supplier’s platform.Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, The Voom Group, Inc. will charge accordingly at current rates. Charges for delivery of materials and supplies from the client to The Voom Group, Inc., or from the client’s representative to The Voom Grou, Inc., are not included in quotations unless specified. Title for finished work passes to the client upon delivery to the carrier at shipping point, or upon mailing of invoices for the finished work or its segments, which ever occurs first.

Electronic Manuscript or Image: It is the client’s responsibility to maintain a copy of the original file. The Voom Group, Inc. is not responsible for accidental damage to media supplied by the client or for the accuracy of furnished input or final input. Until digital input can be evaluated by The Voom Group, Inc. no claims or promises are made about The Voom Group Inc.’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise.

Equal Opportunity: The Voom Group, Inc. does not discriminate based on a specific minority group or of a certain national origin, a particular religion, creed, or other protected category.

Experimental Work: It is customary in the industry to charge for experimental or preliminary work performed at client’s request. This work cannot be used withoutThe Voom Group, Inc.’s written consent.

Indemnification: The client agrees to protect The Voom Group, Inc. from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

Copyrights: The client warrants that the subject matter to be printed is not copyrighted by a third party. The client also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The client further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the client agrees to indemnify and hold The Voom Group, Inc. harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.

Personal or economic rights: The client also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights. The client will, at the client’s sole expense, promptly and thoroughly defend The Vom Group, Inc. in all legal actions on these grounds as long as The Voom Group, Inc. promptly notifies the client of the legal action and gives the client reasonable time to undertake and conduct a defense. TheVoom Group, Inc. reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper, or infringing upon copyright law.

Liability:
Disclaimer of Express Warranties: The Voom Group, Inc. warrants that the work is as described in the purchase order. The client understands that all sketches, copy, dummies, and preparatory work shown to the client are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.

Disclaimer of Implied Warranties: The Voom Group, Inc. warrants only that the work will conform to the description contained in the purchase order. The Voom Group, Inc.’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the amount specified in the contract. Under no circumstances will The Voom Group, Inc. be liable for specific, individual, or consequential damages.

Objectionable Material: The Voom Group, inc. reserves the right to refuse orders if we find the content to be objectionable.

Order: Acceptance of order shall not be effective until acceptance by supplier. Acceptance by supplier may be either by notification to client or by commencing to produce work on the merchandise ordered. Canceled orders require compensation for incurred cost and related obligations. Outside Purchases: Unless otherwise agreed in writing, all outside purchases as requested or authorized by the client are chargeable.

Over-runs or Under-runs:
Over-runs or under-runs will not exceed 10% +/-. The Voom Group, Inc. will bill for actual quantity delivered within this tolerance. If the client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

Preparatory Materials: Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by The Voom Group, Inc. remain The Voom Group, Inc.’s exclusive property.

Prepress Proofs: The Voom Group, inc. will submit prepress proofs along with original copy for the client’s review and approval. Corrections will be returned to the supplier on a “master set” marked “OK,” “OK With Corrections,” or “Revised Proof Required” and signed by the client. Until the master set is received, no additional work will be performed. The Voom Group, Inc. will not be responsible for undetected production errors if: • proofs are not required by the client; • the work is printed per the client’s OK; • requests for changes are communicated orally.

Press Proofs: Press proofs will not be furnished unless they have been required in writing in The Voom Group, Inc.’s quotation. A press sheet can be submitted for the client’s approval as long as the client is present at the press during makeready. It is customary in the industry to charge for any press time lost or alterations/corrections made because of the client’s delay or change of mind.

Production Schedules: Production schedules will be established and followed by both the client andThe Voom Group, Inc.. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the supplier. In such cases, schedules will be extended by an amount of time equal to delay incurred.

Quotation: A quotation not accepted within 30 days may be changed.

Storage: The Voom Group, Inc. will retain intermediate materials until the related end product has been accepted by the client. If requested by the client, intermediate materials will be stored for an additional period for additional charge. The Voom Group, Inc. is not liable for any loss or damage to stored material beyond what is recoverable by the supplier’s fire and extended insurance coverage.

Taxes: It is customary in the industry to charge for all amounts due for taxes and assessments and are the responsibility of the client. No tax exemption will be granted unless the customer’s “Exemption Certificate” (or other official proof of exemption) accompanies the purchase order. If, after the client has paid the invoice, it is determined that more tax is due, then the client must promptly remit the required taxes to the taxing authority, or immediately reimburse The Voom Group, Inc. for any additional taxes paid.

Telecommunications: Unless otherwise agreed, it is customary in the industry to charge the client for all transmission charges. The Voom Group, Inc. is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.

Terms/Claims/Liens: It is customary in the industry that payment is net cash in calendar days from date of invoice as specified. Claims for defects, damages, or shortages must be made by the client in writing no later than 15 calendar days after delivery. If no such claim is made, The Voom Group, Inc. and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that The Voom Group, Inc.’s performance has fully satisfied all terms, conditions, and specifications. The Voom Group, Inc.’s liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damage or as specified. As security for payment of any sum due under the terms of an agreement, The Voom Group, Inc. has the right to hold and place a lien on all client property in the supplier’s possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the client is liable for all collection costs incurred.