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1. Introduction.
In this Service Agreement ("Agreement"),"Customer," User, "you"
and "your" refer to each customer or user and
DisclosureJournal.com,
"we," "us" and "our" refer to
DisclosureJournal.com
or
DisclosureJournal.com.
This Agreement explains our obligations to you, and your
obligations to us, in relation to your use of our services.
By selecting
DisclosureJournal.com
service (s) you have agreed to establish an account with us for
such services. When you use your account or permit someone else
to use your account to purchase or otherwise acquire access to
additional service (s), or to modify or cancel such service (s)
(even if we were not notified of such authorization), this
Agreement covers any such service or actions. Any acceptance of
your application (s) for our services and the performance of our
services will occur at our offices in Lakeway, TX, the location
of our principal place of business.
2. Services.
DisclosureJournal.com
offers information and other services that may assist you in
marketing your business online. Such services and information
are provided on an as-is basis from
SixFigureIncomePlan.com
does not represent or warrant to the truth or accuracy of such
information.
3. Fees & Payment.
As consideration for the services you have selected, you agree
to pay
DisclosureJournal.com
the applicable service (s) fees set forth on our website at the
time of your selection. You agree to keep your credit card
information accurate and current with
DisclosureJournal.com
at all times. All fees are due immediately upon registration and
are non-refundable.
DisclosureJournal.com
may take all remedies available to collect fees owed and may
recover from you all costs and expenses (including reasonable
attorney fees) incurred by
DisclosureJournal.com
to collect such fees. In the event of non-payment, reversal of
payment, or a charge back by a credit card company or other
payment provider, in addition to any other remedies
DisclosureJournal.com
may have, we may, in our sole discretion, suspend or terminate
your account. In order to qualify for the stated refund policy
with in 30 days, you agree to cancel your membership prior to
the following month’s renewal date. Failure to do so will result
in renewal of your subscription and that collection of renewal
subscription fees will not be subject to a refund.
4. Term of Service.
Unless otherwise specified, each
DisclosureJournal.com
service, is for the selected term and will renew automatically
thereafter for successive equivalent terms unless either party
elects to terminate such service (which you can do at any time
by logging into your
DisclosureJournal.com
account and indicating your election to terminate such service).
Any renewal of your services with us is subject to our then
current terms and conditions and payment of all applicable
service fees at the time of renewal.
5. Third-Party Information.
You represent and warrant that you have provided notice to, and
obtained consent from, any third party individuals whose
personal data you supply to us as part of our services with
regard to: (i) the purposes for which such third party's
personal data has been collected; (ii) the intended recipients
or categories of recipients of the third party's personal data;
(iii) which parts of the third party's data are obligatory and
which parts, if any, are voluntary; and (iv) how the third party
can access and, if necessary, rectify the third party's personal
data. You further agree to provide such notice and obtain such
consent with regard to any third party personal data you supply
to us in the future. We are not responsible for any consequences
resulting from your failure to provide notice or receive consent
from such individuals or for your providing outdated, incomplete
or inaccurate information.
6. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree,
during the term of this Agreement, that we may revise the terms
and conditions of this Agreement and/or change the services
provided under this Agreement at any time. Any such revision or
change will be binding and effective ten (10) calendar days
after the revised Agreement or change to the service(s) is
posted on the
DisclosureJournal.com
website. You agree to periodically review our website, including
the current version of this Agreement available on our website,
to be aware of any such revisions. If you do not agree with any
revision to the Agreement or change to the services, you may
terminate this Agreement at any time. Any fees paid by you prior
to termination of your Agreement with us are nonrefundable
(except for the first 30 days), but you will not incur any
additional fees. By continuing to use our services ten (10)
calendar days after any revision to this Agreement or change in
service(s) is posted on our website, you agree to abide by and
be bound by any such revisions or changes. We are not bound by
and you may not rely on any representation concerning this
Agreement or our services made by: (i)any agent, representative
or employee of any third party that you may use to apply for our
services; or (ii) information posted on our Web site of a
general informational nature. No employee, contractor, agent or
representative of
DisclosureJournal.com
or any partner of
DisclosureJournal.com
is authorized to alter or amend the terms and conditions of this
Agreement.
7. Modifications to your account.
In order to change any of your account information with us, you
must use your account name and the password that you selected
when you created your
DisclosureJournal.com
account. Please safeguard this information from any unauthorized
use. In no event will we be liable for the unauthorized use or
misuse of your account name or password.
8. Prohibited Conduct.
You agree that you will only use our services for lawful
purposes. Further, it is a violation of the terms of use to
record via video, photograph or other wise make available the
internal site structure of
DisclosureJournal.com
to non-Members of
DisclosureJournal.com.
If any videos or images exist, it is immediately required that
all such videos or images be taken down offline and off of any
servers.
9. Notices and Announcements.
You authorize us to notify you as our customer of information
that we deem is of potential interest to you. Notices and
announcements may include commercial e-mails and other notices
describing changes, upgrades, new products and services or other
information pertaining to services and/or other relevant
matters.
10. Limitation of Liability.
To the extent permitted at law,
DisclosureJournal.com
and its partners and contractors will not be liable for any
direct, indirect, incidental, special or consequential damages
resulting from your use or inability to use any of the
DisclosureJournal.com
services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but
not limited to: (i )any third party claims arising from or based
on your use of our services; (ii) access delays or access
interruptions; (iii) data non-delivery or data mis-delivery;
(iv) acts of God; (v) the unauthorized use or misuse of your
Account name or password; (vi) errors, omissions, or
misstatements in any and all information or service(s) provided
under this Agreement; (vii) the deletion of or failure to store
data of any kind; (viii) the development or interruption of your
website; or (x) our processing of your application for our
services, our processing of any authorized modification to your
record or your agents failure to pay any fees, our fees or
re-registration fees. You agree that our entire liability, and
your exclusive remedy, with respect to any
DisclosureJournal.com
service(s) provided under this Agreement and/or for any breach
of this Agreement is solely limited to the amount you paid for
such service(s).
11. Indemnity.
You agree to release, indemnify, and hold
DisclosureJournal.com,
our partners, contractors, agents, employees, officers,
directors, shareholders, affiliates and assigns harmless from
all liabilities, claims, damages, costs and expenses, including
reasonable attorneys' fees and expenses, relating to or arising
from the
DisclosureJournal.com
services provided hereunder. When we are threatened with suit or
sued by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide
those assurances may be considered by us to be a material breach
of this Agreement. In addition, in the event we are made a party
to any claim, suit or action by you which is unsuccessful or by
a third party in each case relating to or arising from the
DisclosureJournal.com
services provided hereunder, you will reimburse us, at a
reasonable rate, for all personnel time and expenses expended by
us in response to such claim, suit or action including without
limitation, all attorney fees and expenses incurred by us with
respect to such response.
12. Breach.
You agree that your failure to abide by any provision of this
Agreement, any
DisclosureJournal.com
operating rule or policy, or any dispute policy may be
considered by us to be a material breach of this Agreement and
that we may, in our sole discretion, elect to cancel the
services without further notice to you. We will not refund any
fees paid by you prior to the termination of your Agreement due
to your breach. Any such breach by you will not be deemed to be
excused simply because we did not act earlier in response to
that, or any other breach, by you.
13. Representations and Warranties.
You represent and warrant that: (i) the information that you or
your agent on your behalf provide to us during the registration
for
DisclosureJournal.com
service(s) is, accurate and complete, and that any future
changes to this information will be provided to us in a timely
manner; (ii) you have all requisite power and authority to
execute this Agreement and to perform your obligations
hereunder; and (iii) you are of legal age to enter into this
Agreement.
14. Release.
You release
DisclosureJournal.com,
our partners, contractors, agents, employees, officers,
directors, shareholders, affiliates and assigns from claims,
demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with our
services. If you are a California resident, you waive California
Civil Code §1542, which says: "A general release does not extend
to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with
the debtor."
15. Disclaimer.
You agree that your use of our service(s) is solely at your own
risk. You agree that all of our services are provided on an "as
is," and "as available" basis.
WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND
REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND
WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY OR
REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS
OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR
SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR
SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY
MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
DisclosureJournal.com
reserves the right to terminate any of its services at any time,
with or without notice to you. In the event of such termination,
your sole remedy will be to request a refund of any amounts paid
to
DisclosureJournal.com
for services that were not completed in whole or in part. In the
event that a service was partially completed, you may request a
refund of the pro-rata portion of such fee for uncompleted
services.
16. Severability.
You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that
term or provision will be construed consistent with applicable
law as nearly as possible to reflect the original intentions of
the parties, and the remaining terms and provisions will remain
in full force and effect.
17. Entirety.
You agree that this Agreement and the privacy statement are the
complete and exclusive agreement between you and us regarding
our services. This Agreement and the privacy statement supersede
all prior agreements, representations and understandings,
whether established by custom, practice, policy or precedent.
18. Non-Assignment.
Your rights under this Agreement are not assignable. Any attempt
by you to assign your rights will render this Agreement voidable
at our option. Any attempt by your creditors to obtain an
interest in your rights under this Agreement, whether by
attachment, garnishment or otherwise, will render this Agreement
voidable at our option.
19. Governing Law.
You agree that this Agreement and any disputes hereunder will be
governed in all respects by and construed in accordance with the
laws of the State of Texas, excluding its conflict of laws
rules. You and we each submit to exclusive subject matter
jurisdiction, personal jurisdiction and venue of the courts of
the State of Texas. You agree that any action, suit or
application will be brought and heard in Houston, TX.
20. Agreement to be Bound.
By applying for the service(s) of
DisclosureJournal.com
or an affiliate through our online application process, you
acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement and any pertinent rules
or policies that are or may be published by
DisclosureJournal.com.
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