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Tygo, Inc. Advertising Terms and Conditions

These terms and conditions (the "Terms") are entered into between Tygo.com, Inc. ("Tygo") and the Advertiser and/or Agency ("Customer") referenced on the advertising agreement. If Customer is an Agency, Agency represents and warrants that (1) Advertiser has authorized Agency to enter into this Agreement on Advertiser's behalf and to represent the Advertiser within the scope of this Agreement, and (2) Advertiser agrees to be bound by the terms of this Agreement, including but not limited to paying Tygo for advertisements delivered pursuant to this Agreement and any corresponding advertising agreement. These Terms shall be deemed incorporated by reference into any advertising agreement submitted by Customer.

Term; Renewal. The term of these Terms commences on the Start Date set forth in the advertising agreement ("Start Date") and continues in force and effect until terminated pursuant to section 2. Except as expressly set forth in the advertising agreement , any renewal of the advertising agreement , acceptance of any additional advertising agreement, and pricing for such renewal or additional advertising agreement shall be at Tygo’s sole discretion.

Advertising agreement. Tygo’s advertising agreement is based on a start date when an advertiser and or agency (customer) sign up online. This advertising agreement is to continue until such time advertiser and or agency (customer) physically cancels online and receives confirmation from Tygo of cancellation. This advertising agreement is based on a Flat Rate Placement also known as (FRP) which is to be billed accordingly to the amount chosen by advertiser and or agency (customer) and based on the number of keywords selected by the advertiser and or agency (customer) and will be billed on a monthly basis and to be billed each month the advertiser and or agency chooses to keep the advertising with Tygo. Until such time advertiser and or agency (customer) has cancelled their agreement with Tygo they will be billed on a monthly basis each and every month. Since this is an unlimited clicks per month program Tygo is not responsible for the quality or quantity of hits and or clicks. The advertiser and or agency (customer) is still responsible for a monthly fee. If for some reason a Tygo advertiser and or agency (customer) either didn’t get billed for a month or months once Tygo has corrected the error advertiser and or agency (customer) is still responsible for the monthly payment and will be billed at such time the error was detected. There is no exception to this agreement and or no modifications and all fees paid to Tygo are non refundable.  Any displutes or arbritrations arising from this contract will be governed by the laws of State of California and County of Orange.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this Tygo Corporate Web site, may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Tygo, may also make improvements and/or changes in the products and/or the services described in these Tygo Corporate pages and information at any time without notice.

Any comments or materials sent to Tygo, including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such pages, links or documents (collectively "Feedback"), shall be deemed to be non-confidential. Tygo, shall not have any obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others, without limitation.

Any comments or materials sent to Tygo, specifically about this site including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such pages, links or documents (collectively "Feedback"), shall be deemed to be non-confidential. Tygo shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others, without limitation. Further, Tygo, shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating such Feedback.

Tygo and its Members, makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Tygo web site, please understand that it is independent from Tygo, and that Tygo have no control over the content on that web site. In addition, a link to a non-Tygo web site does not mean that Tygo, endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. IN NO EVENT WILL TYGO OR ITS MEMBERS, BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranty. TYGO MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

Limitations of Liability; Force Majeure. In no event shall Tygo be liable for any act or omission, or any event directly or indirectly resulting from any act or omission, of Customer, or any third parties (if any). EXCEPT FOR THE PARTIES' INDEMNIFICATION AND CONFIDENTIAILITY OBLIGATIONS HEREUNDER, (I) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (II) EACH PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID OR PAYABLE TO TYGO FROM CUSTOMER FOR THE ADVERTISING AGREEMENT GIVING RISE TO THE CLAIM.

Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.