Scope and Application
- This Agreement applies to your use of the Website all of your purchases of our services (collectively, ‘Services’) on our Website. The Company reserves the right to amend this Agreement and will inform You if it does. If you do not object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amended terms.
- You may cancel your Membership easily at any time by emailing our support department at email@example.com, through contacting us via the Website chat widget or directly in the “my account” section of the Website
- Your Membership Fee is not refundable and shall not be pro-rated if you cancel your Membership.
- When signing up for any Native Ad Buzz or Native Partnership LLC Trial or product you are automatically requesting a membership.
- By requesting a membership (the ‘Membership’) to use the Website, You authorize The Company to charge you a fee (Membership fee). This fee is fully refundable within the first 7 days, which includes any trial period. After that, refunds may be issued on a case by-case basis at the discretion of The Company. The duration of your membership including any trial period (the ‘Term’) and the price of the membership (the ‘Membership Fee’) and any setup costs are displayed to you during the registration process.
- You authorise The Company to charge You the Membership Fee starting on the Effective Date and recurring upon the expiration of each Term thereafter until You cancel your Membership.
- If your Membership Fee can not be processed, your Membership may be suspended and/or terminated.
- You authorize The Company and/or its third-party billing-services provider to initiate debit/credit entries to the bank deposit account, credit card or Paypal account You provided for the cost of your Membership. This authority is to remain in full force and effect until You cancel your Membership. You hereby make the following statement: ‘I hereby authorize The Company and its billing-services provider to initiate debit/credit entries to my bank deposit account or credit card in the amount of my Membership Fee. This authorization applies to my initial Membership Fee and all recurring Membership Fees until I cancel the Membership.’
- Refunds provided outside of the first 7 days of membership will incur a minimum $10 refund admin fee which will be deducted from the refund amount at the time of processing.
- You agree not to attempt to obtain a ‘charge back’ from your credit/debit card issuer for any disputed amount without contacting The Company at least 5 days in advance.
Terms of Agreement
- While we make every effort to ensure that the information appearing on the Website is accurate, The Company makes no guarantee regarding the accuracy, timeliness, and/or usefulness of the information.
- Subject to Your compliance with this Agreement, The Company grants you a limited license to access and use the Website. You may not download or modify the Website, or any portion of it, except with express written consent of The Company. This license does not include any resale, sublicense, or similar transfer of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under these Terms. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Company without express written consent. You may not use any meta tags or any other ‘hidden text’ utilizing The Company’s name or trademarks without the express written consent of The Company. Any unauthorized use terminates the permission or license granted by The Company. You may not use any The Company logo or other proprietary graphic or trademark as part of a link to our Website without our express written permission. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or another member’s use of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Our infrastructure.
- The Company reserves the right, in its sole opinion and absolute discretion, to refuse service, terminate accounts, cancel orders or disqualify You, for any reason whatsoever, including, but not limited to, a violation of the terms of this Agreement, applicable law, or conduct that is harmful to The Company’s interests.
- You represent that: a) The information provided by You when applying for Membership is up-to-date, and materially accurate; b) You are responsible for maintaining and promptly updating your account information with The Company for accuracy and completeness and keeping such information (and any passwords) secure against unauthorized access; c) You are solely responsible for all account activity; and d) Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Service.
- Each party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable United States bankruptcy laws and other laws affecting creditors rights.
- The Company’s Website and all of the content that it presents to and/or generates for you is confidential, unless such information is owned and/or licensed by a third party. The Company may also designate additional information as confidential. Similarly the parties may reasonably understand additional The Company information to be proprietary and/or confidential (collectively, the ‘Confidential Information’). You agree to maintain and protect the confidentiality the Confidential Information and to use Confidential Information solely for the limited purposes set forth in this Agreement. Confidential Information shall not include (even if designated by a party) information: (i) that is or becomes part of the public domain through no act or omission of You; (ii) that is lawfully received by You from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement, or any breach of fiduciary duty, or (iii) that You had in Your possession prior to the date of this Agreement. Upon termination of this Agreement, You must destroy or return to The Company any Confidential Information provided by The Company to You under this Agreement.
- To the maximum extent legally permitted, whether or not the company is aware or advsed of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose (1) the company’s aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the services you paid for and (2) the company shall not be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover.
Warranties and Disclaimers
- To the fullest extent permissible pursuant to applicable law, the company disclaims all warranties implied, including, but not limited to, (a) merchantability, fitness for a particular purpose, or non-infringement of third party rights, (b) that there are no viruses or other harmful components, (c) that the company’s security methods will be sufficient, (d) regarding correctness, accuracy, or reliability of the website or any information it makes available to you, (e) your uninterrupted use of the website, or (f) your ability to use the website with your computer hardware and/or software. All ‘information’ and ‘computer programs’ provided to you in the course of this agreement are provided ‘as is’ with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. The company is, under no circumstances, responsible for the practices, acts or omissions of any third party or you, or such third party or your website(s), and/or the content of any.
Notification of Claims of Infringement
- The Company respects the intellectual property of others. The Company may, in appropriate circumstances and at its discretion, terminate this Agreement as to members who infringe the intellectual property rights of others.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please contactus via the Contact Us section on our website. Provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed,a digital copy of it or the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- You shall not assign, transfer, or purport to assign or transfer your rights under this Agreement. Any purported assignment shall be null and void.
- You acknowledge that this Agreement supersedes and cancels all previous contracts, agreements, and working arrangements whether oral or written, express or implied, between us. This Agreement prevails over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom, or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. This Agreement may only be changed, amended, or modified by a written instrument signed by both parties.
- To the fullest extent permitted under applicable law, The Company reserves the right to modify this Agreement upon prior notice to You with effect for the future, subject to your right to reject within seven days of our modifications.
- Nothing contained herein shall in any way be construed to interpret this Agreement as creating a partnership, joint venture, employment or franchise relationship between the parties hereto. It is expressly agreed that the parties are acting hereunder as independent contractors and under no circumstances shall any of the employees of one party be deemed the employees of the other for any purpose. This Agreement shall not be construed as authority for either party to act for the other party in any agency or other capacity, or to make commitments of any kind for the account of or on behalf of the other except to the extent and for the purposes expressly provided for herein. In this regard, neither party shall hold itself out contrary to the terms of this provision, and neither party shall become liable for the representation, act or omission of the other contrary to the provisions hereof.
- We provide on data retrieved from third parties. We cannot promise any particular level of accuracy, usefulness or provide any warranty regarding our services, data and products whatsoever. We may not accumulate data that could have use and we may accumulate data that has no use whatsoever. We do not cleanse data, scour data, or otherwise adjust it through redaction for any purpose. We provide raw data and allow you to make use of it. We do not interpret the data. Data that you receive access to may be misleading in nature, not easily subject to analysis, may be incomplete, defective, contain erratum and may be of no statistical usage at all or possess any mathematical, statistical, historical, or analytic value at all. In other words, we cannot guarantee any particular level of validity regarding any data we provide to you. We may filter some data for reasons we deem appropriate and as such the data you receive may be filtered and during our filtering process we may have removed data that would have been useful to you. Accordingly, you agree to hold us harmless and wave any liability of any nature regarding the quality of the data you receive from us. We do warrant that our tools will not violate any third party contractual obligation regarding third party data providers.
- Force Majeure. We are not responsible for any failure or liabilities that arise due to events that our outside our control, such as fire, flood, strikes, war, industrial disturbances, failure of raw materials suppliers or Internet service providers, failure of transport, attacks rendered upon us or our properties by third parties, accidents, riots, insurrections, acts of God, acts of governmental agencies or any occurrence that is reasonably outside our control.