TERMS & CONDITIONS OF SERVICE
THE PERSON WHO HAS PURCHASED THE SUBSCRIPTION FOR THIS SERVICE (THE "SUBSCRIBER" OR "YOU") MUST CAREFULLY READ ALL OF THE TERMS OF THIS AGREEMENT BEFORE CONSENTING BY CLICKING THE ''I AGREE'' OR "CONTINUE TO NEXT STEP" (THE "BUTTON"). CLICKING THE BUTTON INDICATES SUBSCRIBER'S ACCEPTANCE OF THE TERMS & CONDITIONS OF SERVICE OF THIS AGREEMENT.
ANY QUESTIONS CONCERNING THIS AGREEMENT SHOULD BE REFERRED TO email@example.com.
This Agreement (the ''Agreement'') specifies the Terms and Conditions for access to and use of iPayAuto (the ''Site''), owned by the iPayAuto. (the "Company"), by Subscriber and describes the terms and conditions applicable to Subscriber access of and use of Site. Company may modify this Agreement at any time upon posting of modified Agreement. Any modifications shall be effective immediately, and Subscriber shall be notified of all material modifications. Subscriber can view the most recent version of Agreement at any time at ipayauto.com and clicking "Terms & Conditions" Each use by Subscriber shall constitute and be deemed Subscriber's unconditional acceptance of Agreement.
(2) Overview and Subscription:
A. Site has developed and licenses a system which allows Subscriber to promote a legal and ethical network marketing opportunity and/or Client program and/or opportunities or programs of Subscriber's choice (the "Service"). By accepting Agreement, Subscriber wishes to subscribe to and participate in Site and use Service. Subscriber understands that participation in Service will involve establishing contractual arrangements with third parties.
B. Company operates and manages Service to assist network marketers in the building of their business on the Internet and with various telecommunication systems and other methods. Subscriber must read this agreement carefully and agree to all of the terms and conditions herein before registering and using Service.
(4) Proprietary Rights and Ownership:
A. Service is owned and copyrighted by Company and is protected by United States copyright and trademark laws. Through use of Service, Subscriber will have access to information, communications, software, photos, text, video, graphics, music, sound, images, and other materials (the "Content"). Subscriber does not have any ownership interest in Content, Service, or improvements or modifications to Service.
B. All Content included on Site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Subscriber acknowledges and agrees that Company is the owner of Service and all data and Content contained therein. Nothing in Agreement shall be construed to transfer any of Company's proprietary or intellectual property rights to Subscriber. Subscriber agrees that Company may offer use of and access to Service to other parties.
(5) Confidential Information:
A. Through the use of Service, Subscriber may have access to certain information that is confidential and proprietary to Provider (''Confidential Information''). Subscriber agrees to protect all Confidential Information to prevent the unauthorized use, dissemination, or publication of Confidential Information.
B. Subscriber agrees that a breach of the confidentiality provisions of Agreement will breach the security of Service and thus would cause irreparable harm to Company for which no adequate remedy at law exists. Subscriber therefore agrees that in addition to any other remedies available, Company shall be entitled to injunctive relief to enforce the terms of Agreement.
(6) Method of Acceptance:
Subscriber agrees that by visiting and/or using ipayauto.com, Subscriber is accepting the terms and conditions in Agreement for use of Service.
A. Company hereby grants, and Subscriber hereby accepts, a non-transferable, non-exclusive, worldwide, license to use Service, subject to the conditions and for the period specified herein.
B. Subscriber agrees to use Service for Subscribe's sole and exclusive benefit.
C. Subscriber agrees not to sublicense, assign, or transfer Service except as expressly provided herein, and agrees that any attempt to do so in any way other than expressly provided herein shall be null and void.
D. All other use of Content, as defined in Paragraph (4) above, including but not limited to, modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Web site, mirroring Service, or in any other way exploiting any of Content, in whole or in part, is prohibited without first obtaining Company's written consent.
(8) Registration for Service, Password and Security:
A. To become a Subscriber in order to gain access to Service, Subscriber must register by providing Company with current, complete and accurate information. A paying Subscriber will also choose a password and site ID name. Subscriber shall provide Company with accurate, complete and updated registration information. Subscriber shall not knowingly provide inaccurate information with the intent to create a false identity.
B. Subscriber also agrees not to provide false or misleading information in the administrative panel of the software or Subscriber's web site. This includes, but is not limited to providing false e-mail address in FROM: field on outgoing emails.
C. Subscriber is entirely responsible for maintaining the confidentiality of Subscriber's password and account. Furthermore, Subscriber is entirely responsible for any and all activities that occur under Subscriber's account. Subscriber agrees to not provide false or misleading information on Service sign up form. This includes, but is not limited to providing false name or e-mail address.
D. Subscriber agrees to notify Company immediately of any unauthorized use of Subscriber's account or any other breach of security. Subscriber agrees that Company is the neutral host of Service and has no responsibility or liability in relation to the business opportunities that Subscriber represents as part of Subscriber's use of Service.
E. Subscriber agrees that Company may rely on any data, notice, instruction or request furnished to Company by Subscriber, which is reasonably believed by Company to be genuine and to have been sent or presented by a person reasonably believed by Company to be authorized to act on Subscriber's behalf.
F. Subscriber shall notify Company at firstname.lastname@example.org of any known or suspected unauthorized uses of Subscriber's account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Subscriber's password. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's password and Subscriber is responsible for all usage and activity on Subscriber's account, including use of the account by a third party authorized by Subscriber to use Subscriber's account.
G. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Company and referral to the appropriate law enforcement agencies.
H. Subscriber acknowledges and agrees that Subscriber will promptly notify Company if Subscriber is aware of any person who, in Subscriber's good faith opinion, is or is intending to take unfair advantage of Service provided by Company.
I. Company reserves the right to send e-mail to Subscriber for the purposes of informing Subscriber of applicable offers, changes or additions to Service or any related products and services.
(9) Subscriber Conduct:
A. Company retains the right, at its sole discretion, to determine whether or not a Subscriber's conduct is consistent with the letter and spirit of Agreement or Policies and Procedures of Company and may terminate Service if a Subscriber's conduct is found to be inconsistent with Agreement and/or Conditions and/or Policies and Procedures.
B. Any unauthorized use of Service, or the resale of Service, is expressly prohibited. Subscriber agrees to abide by all applicable local, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including Content of Subscriber's transmissions through Service. By way of example, and not as a limitation, Subscriber agrees to not:
i) Use Service in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming or any duplicative or unsolicited messages (commercial or otherwise);
ii) Harvest or otherwise collect information about others, including email addresses, without their consent;
iii) Create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
iv) Transmit through Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
v) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
vi) Libel, defame or slander any person, or infringe upon any person's privacy rights;
vii) Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
viii) Violate any U.S. law regarding the transmission of technical data or software exported from the United States through Service;
ix) Interfere with or disrupt networks connected to Service or violate the regulations, policies or procedures of such networks;
x) Attempt to gain unauthorized access to Service, other accounts, computer systems or networks connected to Service, through password mining or any other means;
xi) Interfere with another Subscriber's use and enjoyment of Service or another entity's use and enjoyment of similar services; or engage in any other activity that Company believes could subject it to criminal liability or civil penalty or judgment.
(10) Forbidden Content:
A. Subscriber agrees that Subscriber will not host, post or promote ANY website which advocates, encourages, endorses, or makes possible any form of, pornography, gambling, pyramid schemes, illegal testimonials, or any type of business opportunity that is unethical, illegal or otherwise objectionable program whatsoever. Subscriber agrees that Subscriber will not post or promote any copyrighted materials not Subscriber's own. Subscriber agrees that Subscriber will not post or promote any material which is pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate. Subscribers are prohibited from transmitting on or through any of Company's services, any material that is, in Company's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Subscribers are prohibited from making any income claims or illegal product claims of any sort, other than those claims consistent with Company claims. This action WILL RESULT in immediate termination of Subscriber's account without refund. Any Service interruptions as a result of Subscriber's spamming will be billed to the Subscriber at $500.00 USD per hour, with a $1,000.00 USD minimum billing for clean up. Subscriber will also be in violation of Agreement and may be subject to legal action.
B. Company reserves the sole right to ban ANY business opportunity from being promoted through Service.
C. Should Company discover that Subscriber's site or Subscriber's communications promote program(s) from any other business opportunity or opportunity deemed by Company to be competitive to Company's offer, this will constitute grounds for immediate suspension or termination of Subscriber's site, and the loss of Subscriber's entire lead database.
D. Company does not take responsibility for monitoring any usage of Site. It is Subscriber's responsibility to ensure that all usage of the system complies with Agreement.
A. Company reserves the right at any time to charge fees for access to Service or Service as a whole. In the event that Company so elects, it shall post a notice at an appropriate location on Site.
B. If Subscriber orders Service, or purchases any other type of account or additional fee-based service from Company, Subscriber authorizes Company to utilize its merchant account provider to charge Subscriber's account provided during the purchase/enrollment process. Subscriber authorizes Company to charge Subscriber's account a monthly subscription fee.
C. It is Subscriber's responsibility to keep Subscriber's payment information accurate and current with Company. If a monthly payment cannot be processed, Subscriber will be given a minimum of six (6) business days notice to rectify the situation and make the payment. Failure to rectify the situation within six (6) business days will lead to a cancellation of the account as described below.
D. If Subscriber contacts Company directly with a specific request for cancellation and refund, including substantial justification for the refund, Company, in its discretion, may issue a full refund of Subscriber's first month's payment. Should Company, in its discretion, make a refund outside of this condition, the refund may not include a refund for the cost of physical goods delivered.
(12) Submitting/Importing Information:
A. Subscriber represents to Company that any and all emails Subscriber uploads into the system are "Opt in" and contacts that have specifically requested information regarding Subscriber's opportunity. Subscriber also represents than any content Subscriber uploads to Service is solely owned by Subscriber or provided by Subscriber with the express authority of the owners, and does not infringe upon any other individual's or organization's rights (including, without limitation, copyright, trademark or intellectual property rights).
B. By submitting any material, including, but not limited to, Content, Data or Leads, to any "Public Area" (e.g. public chat rooms, bulletin boards, auto responder, etc.), Subscriber automatically grants to Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content, Data, or Leads (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content.
C. Although Company provides some encryption to protect certain personal information, which is transmitted, Subscriber understands that Subscriber's uploads and transmissions may be intercepted and used, and that all the risk associated therewith is solely Subscriber's. Subscriber shall not upload to, or distribute or otherwise publish through Service any Content, which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law. As Company does not and cannot review every message created by Subscriber, Subscriber shall remain solely responsible for Subscriber's messages.
D. Company reserves the right to disclose information about sales and usage generated by Service in forms that do not reveal Subscriber's personal identity.
(13) Idea Submissions:
Company welcomes specific comments regarding Service. If Subscriber sends Company creative suggestions, ideas, notes, drawings, concepts or other information (collectively "Information"), Information shall be deemed, and shall remain, the property of Company. None of Information shall be subject to any obligation of confidentiality on the part of Company and Company shall not be liable or owe any compensation for any use or disclosure of Information.
(14) Compliance with Laws:
Subscriber agrees to comply with all applicable laws regarding Subscriber's use of Site. Subscriber further agrees that information provided by Subscriber is truthful and accurate to the best of Subscriber's knowledge.
A. Subscriber agrees to indemnify and hold harmless Company from any and all liability, losses, or damages Company may suffer as a result of claims, actions, demands, costs, or judgments against it arising from or related to Agreement, or
B. In the event of any asserted claim, Company shall provide Subscriber reasonably timely written notice of same, and thereafter Subscriber shall at Subscriber's own expense defend, protect and save harmless Company against said claim or any loss or liability hereunder.
C. In the further event Subscriber shall fail to so, defend and / or indemnify and save harmless, then in such instance Company shall have full rights to defend, pay or settle said claim on their behalf without notice to Subscriber and with full rights to recourse against Subscriber for all fees, costs, expenses and payments made or agreed to be paid to discharge said claim.
D. Upon default, Subscriber further agrees to pay all reasonable attorney's fees necessary to enforce Agreement.
E. The indemnity obligations shall be unlimited as to amount or duration.
F. The indemnity obligations shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.
(16) Limitation of Liability; No Warranty; Limitation of Damages
A. SUBSCRIBER EXPRESSLY AGREES THAT USE OF SERVICE PROVIDED BY COMPANY IS AT SUBSCRIBER'S SOLE RISK.
B. COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY DAMAGES OR LOSS ARISING AS A CONSEQUENCE OF DOWNTIME OR UNAVAILABILITY.
C. IN NO EVENT SHALL COMPANY'S LIABILITY RELATED TO ANY SERVICE PERFORMED UNDER AGREEMENT, EXCEED THE TOTAL FEES PAID BY SUBSCRIBER FOR THE SUCH SERVICE. COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.
D. COMPANY, ITS AGENTS, AFFILIATES, LICENSORS OR THE LIKE, DO NOT REPRESENT OR WARRANT, EXPRESSLY OR IMPLIEDLY, THAT SERVICE WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO COMPANY, ITS AGENTS, AFFILIATES, LICENSORS OR THE LIKE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH SERVICES, UNLESS OTHERWISE EXPRESSLY STATED IN AGREEMENT.
E. COMPANY, ITS OFFICERS, AGENTS, OR ANYONE ELSE INVOLVED IN PROVIDING SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE SERVICES; OR FOR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER'S RECORDS, PROGRAMS, OR SERVICES.
F. COMPANY WILL EXERCISE NO CONTROL OVER CONTENT OF THE INFORMATION PASSING THROUGH COMPANY'S NETWORK EXCEPT THOSE CONTROLS EXPRESSLY PROVIDED HEREIN.
G. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, FOR SERVICES IT IS PROVIDING. COMPANY ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY BE SUFFERED BY SUBSCRIBER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS OR NON-DELIVERIES.
If Subscriber believes Subscriber's work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to Company:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
B. A description of the copyrighted work that Subscriber claims has been infringed;
C. A description of where the material that Subscriber claims is infringing is located on Site;
D. Subscriber's address, telephone number, and e-mail address;
E. A statement by Subscriber that Subscriber has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement by Subscriber, made under penalty of perjury, that the above information in Subscriber's notice is accurate and that Subscriber is the copyright owner or authorized to act on the copyright owner's behalf.
Notice of Claim of copyright infringement on Site should be sent to:
By E-mail: email@example.com
(18) Applicable Law:
Subscriber agrees that the laws of the state of Idaho without regard to conflicts of law's provisions will govern these Terms and Condition of Use and any dispute that may arise between Subscriber and Company or its affiliates. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms & Conditions.
If any provision of Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that Agreement will otherwise remain in full force and effect.
Company may terminate Agreement at any time, with or without notice, for any reason. Upon termination, Subscriber shall no longer be entitled to use Service and licenses granted hereunder shall terminate and Subscriber shall immediately return or destroy all Proprietary Information, but the terms of Agreement will otherwise remain in effect.
(21) Contact Information:
These Terms and Conditions are effective as of 9/04/2012