Terms & Conditions
THE SITE AND SERVICE IS INTENDED FOR USE BY ADULTS ONLY. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE AND/OR SERVICE IN ANY WAY. BY ACCESSING THE SITE AND/OR USING THE SERVICE, YOU ACKNOWLEDGE AND CONFIRM THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN THE AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO BECOME A MEMBER, USE THE SERVICE, AND/OR USE THE SITE IN ANY MANNER OR FORM WHATSOEVER.
FOR PURPOSES OF THE IS DOCUMENT THE TERMS MEMBER AND SUBSCRIBER ARE CONSIDERED INTERCHANGEABLE.
Fees and Payments.
Although You may register as a Free Subscriber of the Service, You may be required to pay a subscription fee ("Fee") upon submitting Your Application (as defined below) to become a Paid Subscriber which will enable You to use certain Paid Features (as defined below) of the Service. From time to time, you may be presented with new product/service options or special offers at different price points on the site. The Fees will appear on the applicable Active Payment Method statement through the identifier "ULTIMATE PROFIT BUILDERS". You agree that all such Fees may be automatically applied to Your Active Payment Method, and that You have the authority to authorize such billing. All Fees are non-refundable, except as set forth to the contrary in the Agreement or where Company gives prior notice to the contrary, in its sole discretion.
You shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, Your use of the Paid Features. All Fees are payable in the currency specified on the Order Page. Failure to use the Paid Features does not constitute a basis for refusing to pay any of the associated Fees. You agree to be bound by the pricing and billing practices of Company in effect at any given time. Upon prior written notice to You (with e-mail sufficing), Company reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Continued use of the Paid Features after receipt of such notice shall constitute consent to any and all such changes. If You do not agree with these changes, or for any other reason, You may cancel Your Paid Subscription at any time as set forth below. Where You fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum permitted by law. Your access to the Site, as well as the Service, may be denied for non-payment.
Company's authorization to provide and bill its Paid Features is obtained by way of Your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company's reliance upon Your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
We may offer, at no cost, a Free Subscriber ("Free") access lasting a specified or non-specified period of time. The system provides Free users with limited access to some of the Paid Features available to a Paid Subscribers. You must provide your real first and last name along with a valid email account information in order to obtain Free access.
Subscribers who have previously subscribed for a Free or a Paid Subscription and have canceled said Free or Paid Subscription may sign up again at a later point in time.
You may cancel Your Subscription at any time by going into your ULTIMATE PROFIT BUILDERS back office and selecting the menu item Account Info - Update Account Info. Scroll to the bottom of the page and click the link "Click here to be removed from ULTIMATE PROFIT BUILDERS". You may also cancel Your Subscription at any time by: emailing Support@GlobalULTIMATE PROFIT BUILDERS.com. If You cancel Your Subscription your position in the genealogy and the ULTIMATE PROFIT BUILDERS will be lost.
Company is not responsible for Subscription cancellation requests that are not properly completed. Cancellation requests filed properly through the Site will be processed immediately. Cancellations requests submitted via email will be handled during normal business hours in the order they are received. It is Your sole responsibility to submit cancellation requests properly and with enough time to ensure that Your request for cancellation may be processed prior to the subsequent rebilling period. Receipts for Subscriptions and confirmations of cancellation will be sent to You via email. It is Your sole responsibility to provide a correct email address upon registering for the Service in order to obtain such receipts and confirmations.
You may cancel Your Bronze Subscription for a refund, without any penalty or obligation within three (30) days after your Payment is received for Your Subscription.
In order to cancel Your Bronze Subscription under this Cancellation With Refund Policy You must cancel Your Bronze Subscription as set forth above.
To apply for a refund under this 30-Day Cancellation With Refund Policy you must mail or deliver a signed original letter stating your FULL NAME, your ULTIMATE PROFIT BUILDERS Username, the billing address used for your Subscription, your email address and your desire to cancel and apply for a refund. This notification must be postmarked and/or delivered no more than 72 hours after the initial date of the Subscription, reactivation or rebill for which you wish to claim a refund. This right to refund does NOT include charges from previous billing periods. Under this policy, you are entitled to only one refund. Any requests for a refund on a subsequent Subscription will be refused. Please note that members who continue to use the paid features of the site after the 3-day period following the Subscription, reactivation or rebill in question are not entitled to a refund under this policy.
This request must be sent to:
Subject: 30-Day Cancellation
THE FOLLOWING REFUND REQUESTS WILL NOT BE PROCESSED:
REQUESTS MISSING YOUR FULL NAME, ULTIMATE PROFIT BUILDERS USERNAME, OR BILLING ADDRESS,
REQUESTS SENT AFTER THE FIRST 30 DAYS OF YOUR Subscription OR RENEWAL OF YOUR Subscription.
ALL SUBSCRIPTION UPGRADES ARE NON-REFUNDABLE.
Subscription Requirements and Usage Restrictions.
By becoming a Subscriber, You accept the TERMS AND CONDITIONS of the Agreement in its entirety, and it thereby becomes Your obligation to strictly comply with all of the above requirements and usage restrictions. In the event that You fail to do so, You acknowledge that Company will be entitled and authorized to do the following:
immediately terminate Your Subscription without further notification and without any compensation.
Subscription Requirements and Usage Restrictions. You hereby consent to the exchange of information and documents between Company and You electronically over the Internet or by e-mail, and that the electronic Agreement shall be the equivalent of a written paper agreement between You and Company.
The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained herein. Unless explicitly stated otherwise, any future offer(s) made available to You on the Site that augment(s) or otherwise enhance(s) the current features of the Site and/or the Service shall be subject to the Agreement. We may amend the Agreement from time to time in Our sole discretion, without specific notice to You; provided, however, that any amendment or modification to the: (a) arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and You should review the Agreement prior to using the Site. By Your continued use of the Site and/or Service, You hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
You acknowledge that any and all products/services (as defined below), information, content, reports, data, databases, graphics, photographs, videos, audio, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and/or trade names contained on the Site or otherwise made available by and through the Service (collectively the "Content"), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Company, other Subscribers and/or Company's licensors, as the case may be.
Your right to use the Content or the Service offered or otherwise made available by and through the Site is subject to any and all limitations, conditions and restrictions established by Us at any time, in Our sole discretion. We may alter, suspend or discontinue any aspect of the Content and/or Service at any time, including the availability of any Service feature, database or Content. We may also impose limits on certain features and aspects of the Service and/or Content or restrict Your access to parts or all of the Service and/or Content without notice or liability. We reserve the right but do not maintain the obligation to edit or delete any content that You post on or transmit through the Site that We deem to be in violation of the Agreement.
You agree to use our services at your own risk. Our services are provided on an "as is" and "as available" basis. You agree that you have made your own determination regarding the usefulness of the service. We disclaim all warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose.
We are not liable for damages, direct or consequential, resulting from your use of the service, any failure to provide service, suspension of service, or termination of service. We do not guarantee the availability of the service. You agree not to hold us responsible for data loss or interruption of service of any kind.
In order to obtain access to the Content and Service, You must first submit the applicable registration and application form to Company for review and initial approval ("Application"). Company reserves the right, in its sole discretion, to deny access to the Content and/or Service to anyone at any time and for any reason, whatsoever. The registration data that You must supply on the Application in order to obtain access to the Content and Service may include, without limitation, depending on the applicable Subscription level requested: (a) Your full name; (b) e-mail address; (c) mailing address; (d) cellular telephone numbers; (e) credit card information; (f) date of birth; (g) gender; (h) optional Profile (as defined below) information such as company name and occupation; (i) any other information You choose to enter, such as Your personal interests and preferences; and/or (j) any other information requested on the Application (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update Your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Company will verify and approve all registrants in accordance with its standard verification procedures. During registration, You will be asked to provide a password to use as Your account log-in identification, where applicable ("Log-In"). If the Log-In that You request is not available, You will be asked to supply another Log-In. If Company approves Your Subscriber application, Company will set up Your specific account ("Account"). You are responsible for maintaining the confidentiality of Your Account, Log-In and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur through use of Your Account and Log-In.
You Certify That:
You will be truthful in all information presented in Your Profile;
You will not post any sexually explicit materials and/or solicit illicit sexual arrangements with any Subscriber or other third party; and
You are not currently on probation, parole supervision or serving time in prison resulting from a felony conviction;
You will not transmit deliberately misleading information about Yourself or Your intentions to other Subscribers by and through the Site and/or Service.
As a commitment to Our Subscribers, the Service provides a rich collection of online resources. These include, but are not limited to, various communication tools, third party content, online forums, personalized content and branded programming. Subject to the terms and conditions of the Agreement, Subscribers that possess the requisite technology shall have the opportunity to view and listen to all of the Content as compiled, distributed and displayed by Subscribers and Company.
Free Subscribers are able to access a limited set of the Service's features without charge after providing required registration information. Paid Subscribers are given access to all features included as part of the Paid Subscription option chosen when applying for Subscription ("Paid Features").
Depending on Your status as a Subscriber, You may be able to utilize the Site's many products, services and other features including, but not limited to: (i) viewable Content; (ii) interactive features designed to foster interaction between You and other Subscribers; and (iii) other features that the company may offer.
As a Subscriber, You agree that You are solely responsible for: (i) the Feedback, Content and/or other information that You publish, transmit and/or post on the Interactive Services; and (ii) for Your conduct in connection with the Personal Services including, but not limited to, Your Profile. You agree to use the Interactive Services and/or Personal Services in a manner consistent with any and all applicable laws and regulations. You agree to keep your password private and should you decide to share your information with someone else, you accept complete responsibility and hold ULTIMATE PROFIT BUILDERS blameless on any changes or modifications done in your account.
In connection with Your use of the Interactive Services and/or Personal Services, You agree not to: (A) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (B) display any audio files, text, photographs, videos or other images containing confidential information; (C) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in Your community, as defined under applicable law; (D) impersonate any person or entity; (E) "stalk" or otherwise harass any person; (F) engage in unauthorized advertising to, or commercial solicitation of, Site-visitors or Subscribers; (G) transmit any chain letters, spam or junk e-mail to Site-visitors or other Subscribers; (H) express or imply that any statements You make are endorsed by Company, without Our specific prior written consent; (I) harvest or collect personal information of Site-visitors or Subscribers whether or not for commercial purposes, without their express consent; (J) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (K) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (L) transmit requests for financial or legal assistance, sponsorship for immigration purposes, employment or credit card or banking information; (M) solicit, offer or otherwise engage in any form of prostitution or illegal sexual activity; (N) remove any copyright, trademark or other proprietary rights notices contained on the Site; (O) interfere with or disrupt the Service, Site and/or the servers or networks connected to the Service and/or Site; (P) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (Q) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (R) "frame" or "mirror" any part of the Site, without Our prior written authorization; (S) use metatags or code or other devices containing any reference to Company, the Service and/or the Site in order to direct any person to any other website for any purpose; and/or (T) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service and/or Site or any software used on or for the Service and/or Site. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of Your Company Service account without notice, in the sole discretion of Company. Company reserves the right to pursue any and all legal remedies against Site-visitors and/or Subscribers that engage in the aforementioned prohibited conduct.
Without Limiting Any of the Foregoing, You Agree That You Will:
keep all Content, Feedback and other information that You gain access to by and through the Site private and confidential and will not give such Content, Feedback and/or other information to anyone without the permission of the person who provided it to You;
not distribute the Content, Feedback and other information for any purpose including, without limitation, compiling an internal database, redistributing or reproduction of the Content, Feedback and other information by the press or media or through any commercial network, cable or satellite system;
not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, aggregate, copy, duplicate, make available to any person or otherwise use, either directly or indirectly, the Content, Feedback and other Site information, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, without express written consent from Company. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Company or its licensors or allow any third-party to access the Content, Feedback and other Site information. Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and Content and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright and other proprietary notices intact. The restrictions set forth in the Agreement shall not apply to the limited extent that the restrictions are prohibited by applicable law; and
not violate or attempt to violate the security of the Site including, without limitation, the following activities: (a) accessing data not intended for You or logging into a server or account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any Subscriber, host or network including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations.
License to Use Your Content, Feedback, Training and Other Information.
With the exception of financial and billing information, such as Your Active Payment method, You hereby grant to Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any Feedback, Training, Content, Registration Data or other information that You provide on or through the Site and/or Service or which is sent to Company by e-mail or other correspondence, for any purpose whatsoever. Company shall not be subject to any obligations of confidentiality regarding any such Feedback, Training, Content, Registration Data or other information unless specifically agreed by Company in writing or required by law. By submitting such Feedback, Training, Content, Registration Data or other information to Us, You: (a) represent and warrant that Company's use of Your submission does not and will not breach any agreement, violate any law or infringe any third party's rights; (b) agree that Company is free to use in any manner all or part of the content of any such information and communications on an unrestricted basis without the obligation to notify, identify or compensate You or anyone else. Should You choose to remove Your Profile, including via the option listed on the Site as "Remove my Profile" ("Remove"), Your Profile will be removed from the Site and shall no longer be viewable by other Subscribers; provided, however, that we may retain a copy of Your Profile for purposes of legal compliance.
YOU MAY ACCESS AND EDIT YOUR OWN PERSONAL INFORMATION STORED BY COMPANY ON THE "MY PROFILE" PAGES LOCATED ON THE SITE.
Background Checks and Safety.
NOTICE: ULTIMATE PROFIT BUILDERS DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS MEMBERS.
General Disclaimers and Limitations on Liability.
THE SITE, SERVICE, CONTENT, FEEDBACK, TRAINING AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE, SERVICE, CONTENT, FEEDBACK, TRAINING OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICE, CONTENT, FEEDBACK, TRAINING OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ANY MEMBERS, MODERATORS OR OTHERWISE THROUGH OR FROM THE SITE AND/OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICE, CONTENT, FEEDBACK, TRAINING OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR PROFILE DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICE, CONTENT, FEEDBACK, TRAINING OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICE, CONTENT, FEEDBACK, TRAINING OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE MAY BE BROUGHT BY YOU OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE SITE, SERVICE, CONTENT, FEEDBACK, TRAINING OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and, in such jurisdictions, Company's liability shall be limited to the maximum extent permitted by law.
Company may terminate the Agreement and/or Your Subscription at any time, with or without cause, in Company's sole and unfettered discretion. Moreover, without limiting the generality of the foregoing, any fraudulent, abusive or otherwise illegal activity, or activity that may otherwise affect the enjoyment of the Site or the Internet by others may be grounds for the termination of Your access to all or part of the Site and/or Service at Our sole discretion, and You may be referred to appropriate law enforcement agencies. Any such termination by Company shall be in addition to and without prejudice to such rights and remedies as may be available to Company, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, Your warranty and the indemnity provisions of the Agreement shall survive the termination or expiry of the Agreement.
You agree at all times to indemnify, defend and hold harmless Company, its agents, suppliers, affiliates and their respective directors and employees from and against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Company directly or indirectly in connection with:(a) Your use of the Site, Service, Content and/or Feedback in any way, whatsoever; (b) Your breach of the Agreement; (c) any disputed between You and any Subscribers and/or third parties; and/or (d) Your violation of any rights of another individual and/or entity.
As a Subscriber, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Service and associated Content, Feedback, Training and other information in accordance with the Agreement. Company may terminate this license at any time for any reason. No part of the Site, Service or associated Content, Feedback, Training and other information may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of Content, Feedback, Training and other information from the Site and/or Service by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Service, Content, Feedback, Training or other information or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. Your right to use the Site, Service, Content, Feedback, Training and other information is not transferable.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site, Service, Content, Feedback, Training and other information, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site, Service, Content, Feedback, Training and other information is strictly prohibited. You do not acquire ownership rights to any Content, Feedback, Training and other information viewed at or through the Site and/or Service. The posting of Content, Feedback, Training and other information at the Site, or by and through the Service, does not constitute a waiver of any right in or to such information and/or materials.
Copyright Violations Policy.
Company respects the intellectual property rights of others and Company prohibits Subscribers from posting, distributing or reproducing in any way copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If You believe that Your work has been copied and/or posted on the Site in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that You claim has been infringed;
a description of where the material that You claim is infringing is located on the Site;
Your address, telephone number, and email address;
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; and
a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright property owner or authorized to act on the copyright owner's behalf.
Copyright Violations Policy.
Company's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Subject: Copyright Inquiry
It is the policy of Company to limit access to the Site and/or terminate the Subscription privileges of any Subscriber who infringes upon the proprietary rights of others, whether or not there is any repeat infringement.
Company, the Site and the Content (excluding linked websites or content) are physically located within the County of Middlesex, St. Catherine, Jamaica W.I. The Agreement will be governed by the laws of the Island of Jamaica and shall be treated in all respects as a contract formed under Jamaica law, without reference to the principles of conflicts of law. We expressly exclude the UN Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time. We have required that the Agreement and all documents relating thereto be drawn-up in English.
Dispute Resolution Provisions.
Should a dispute arise concerning the Site, Service, Content, Feedback, the terms and conditions of the Agreement or the breach of same by any party hereto, You may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to Us, which can be found here. We may choose to provide You with a final written settlement offer after receiving Your Initial Dispute Notice ("Final Settlement Offer"). If We provide You with a Final Settlement Offer and You do not accept it, or We cannot otherwise satisfactorily resolve Your dispute, You can submit Your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in Your county of residence or such applicable equivalent, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, You can choose whether the arbitration proceeds in person, by telephone or based only on submissions. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although We may have a right to an award of attorneys' fees and expenses if We prevail in arbitration, We will not seek such an award from You unless the arbitrator determines that Your claim was frivolous.
To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing You from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of Your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
Third Party Websites.
The Site and/or Service may provide links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or such third party websites or resources, or for any damages and/or losses arising therefrom.
The division of the Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the Agreement. In the Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in the Agreement and on the Site, unless otherwise specified, are in United States dollars.
No waiver of any provision of the Agreement shall be binding on Company unless executed by Company in writing. No waiver of any of the provisions of the Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision of the Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of the Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
You acknowledge having read the Agreement before accepting it, having the authority to accept the Agreement and having received a copy of the Agreement.
THESE TERMS AND CONDITIONS WERE LAST UPDATED ON AUGUST 6, 2017.