As defined herein, the term Vendor or ‘you’ shall mean such person accessing the Vendor Portal (as hereinafter defined) as a contractor for Transcom Solutions. As an express condition of my access to the Transcom Solutions Vendor Portal (“Vendor Portal”), I hereby confirm and warrant that any and all submissions, representations, documents, uploads, or other data entered onto this
Vendor Portal shall be accurate (the “Vendor Submissions”).
In the event it is later determined that any of the Vendor Submissions are inaccurate or misrepresented, either intentionally or negligently by me, I understand that I may be terminated as a Vendor to Transcom Solutions and may be liable to Transcom Solutions for any and all costs arising out of my inaccurate Vendor Submissions including but not limited to punitive damages, treble damages, all attorneys fees and costs, lost profits, internal costs and expenses, outside consultant cost and expenses, marketing fees, and such other costs or expenses which may be incurred, without limitation, by Transcom Solutions as a result of my inaccurate Vendor Submissions.
I further agree that Transcom Solutions shall have no affirmative, ongoing or other obligation to prove that the Vendor Submissions caused or created the Damages and my acceptance of these terms and conditions, grants Transcom Solutions the right to seek a judgment in favor of Transcom Solutions for the Damages and I hereby waive any defenses to Transcom Solutions’ claim for the Damages.