Terms & Conditions
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TERMS, CONDITIONS OF USE, DISCLOSURES AND DISCLAIMERS:
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
The Site provides an interactive online service operated by SALESNEARYOU, consisting primarily of promotion and marketing services on behalf of certain merchants. SALESNEARYOU and its contributors reserve all rights and no intellectual property rights are conferred by this agreement. SALESNEARYOU grants you a non-exclusive, non-transferable license to use the databases accessible to you subject to these Terms and Conditions. The databases may be used only for viewing information or for extracting information to the extent described below. You agree to use information obtained from SALESNEARYOU only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information.
No Relationship Formed:
All materials on SALESNEARYOU are provided by SALESNEARYOU for informational purposes only and do not contain legal advice, legal opinions or any other form of advice regarding any specific facts or circumstances or the data, products, and services. The transmission and receipt of information contained on SALESNEARYOU neither form nor constitute any relationship with SALESNEARYOU, or any of its partners, associates or consultants. Any use of the information contained on this web site or transmittal of information from emails on this web site do not give you a reasonable basis for a belief that that use creates an attorney client relationship.
Limitation of Liability:
Although SALESNEARYOU makes reasonable efforts to keep material on this web site current, please understand that laws, regulations, other legal authorities and other information change quickly and may not be fully reflected on this site without delay. Therefore, you should not act upon any information on this website without seeking professional counsel. SALESNEARYOU makes no warranties, representations or claims of any kind with respect to any of the information on this web site, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall SALESNEARYOU or any of its partners, associates, consultants or agents involved in the creation or delivery of the material on this web site be liable to you or anyone else as a result of damages from your access or use of material on this web site.
SALESNEARYOU has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via SALESNEARYOU by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of SALESNEARYOU) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that SALESNEARYOU, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). SALESNEARYOU may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. SALESNEARYOU action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive SALESNEARYOU's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by SALESNEARYOU or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "SALESNEARYOU Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither SALESNEARYOU nor any SALESNEARYOU Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.
Although SALESNEARYOU Representatives may moderate content, conduct and TOU compliance on SALESNEARYOU at SALESNEARYOU's discretion, SALESNEARYOU Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of SALESNEARYOU will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of SALESNEARYOU will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any SALESNEARYOU Representative (or by anyone else acting on behalf of SALESNEARYOU or by anyone purportedly acting on behalf of SALESNEARYOU) that SALESNEARYOU (including but not limited to any SALESNEARYOU Representative, anyone else acting on behalf of SALESNEARYOU, or anyone purportedly acting on behalf of SALESNEARYOU) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that SALESNEARYOU, SALESNEARYOU Representatives and anyone else authorized to act on behalf of SALESNEARYOU shall in no circumstance be liable as a result of any representation that SALESNEARYOU, a SALESNEARYOU Representative or anyone else on behalf of SALESNEARYOU would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by SALESNEARYOU's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
SALESNEARYOU also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of SALESNEARYOU at any time without notice. SALESNEARYOU and SALESNEARYOU Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
SALESNEARYOU does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from SALESNEARYOU includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via SALESNEARYOU); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to SALESNEARYOU would violate these TOU or SALESNEARYOU's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on SALESNEARYOU and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.
You automatically grant and assign to SALESNEARYOU, and you represent and warrant that you have the right to grant and assign to SALESNEARYOU, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to SALESNEARYOU all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You agree to indemnify and hold SALESNEARYOU and SALESNEARYOU Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by SALESNEARYOU or SALESNEARYOU Representatives.
SALESNEARYOU does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to SALESNEARYOU, and, if you create an account on SALESNEARYOU, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold SALESNEARYOU and SALESNEARYOU Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to SALESNEARYOU, and related to or arising out of any conduct or activities on, through or by use of your SALESNEARYOU account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by SALESNEARYOU or SALESNEARYOU Representatives.
Some links within our web site may lead you to other sites (third-party sites). SALESNEARYOU does not have control over those sites and is not responsible for their content or your reliance on the information contained there. Our links to third-party sites do not necessarily create an endorsement or approval of any content on those sites. Once you go to a third-party site, you do so at your own risk. You are subject to the terms, conditions of use and privacy policies of the third-party site.
Links to the following third-party solutions are offered for your convenience. Please be advised that SalesNearYou.com neither endorses nor provides support for any of these solutions. SALESNEARYOU advises that you contact the provider of these third-party solutions for information about technical support, warranties and/or licenses, if any are necessary. If you choose to use any of these third-party solutions, you do so at your own risk. SALESNEARYOU will take no responsibility for any errors, harm or other damage that may occur as a result of your use of these solutions, including any incidental, special, indirect or consequential damages. SALESNEARYOU EXPRESSLY DISCLAIMS ALL WARRANTIES regarding these solutions and the use of these solutions.
In addition to any injunctive relief, you agree to pay to SALESNEARYOU the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages $100.00 US Dollars
SALESNEARYOU claims a copyright to the material on this web site. You may use this material only for personal informational purposes. If you wish to use the material for any other purposes, you must have the expressed consent in written form from SALESNEARYOU to do so. All rights reserved.
You must defend, indemnify and hold harmless SALESNEARYOU, its partners, associates and consultants from any claims, damages, costs and expenses resulting from your failure to comply with terms set out here. If you have any questions about this obligation, you should contact SALESNEARYOU to clarify your questions.
Due to the nature of this data all sales are final and non-refundable. By processing your order and submitting your contact information you are entering into a binding purchase contract. This has been done to protect the integrity of our databases from fraudulent activity and those who are looking to steal our data. Data is sold as is without warranties or guarantees.
I authorize SALESNEARYOU a division of Code4us LLC to charge me in full for any products purchased from SALESNEARYOU.com & its affilliate sites
I further affirm that the name and personal information provided on this form are true and correct.
I further declare that I have read, understand and accept Code4us LLC business terms as published on their web site www.SALESNEARYOU.com
By placing an order with SALESNEARYOU.com, I agree to pay SALESNEARYOU in full.
Independent Sales Associates:
An Independent Sales Associates is a Independent Contractor ("the Contractor").
An independent contractor does not have a franchise, distributorship or other exclusive right to sell arrangement with SALESNEARYOU . SALESNEARYOU has the right to accept or reject any Independent Contractor Agreement in its sole discretion. An Independent Contractor is not an employee for federal tax purposes or any other purposes. An Independent Contractor is neither an agent, partner, nor involved in a joint venture with SALESNEARYOU . The Independent Contractor will be responsible for all costs or liabilities incurred by the Independent Contractor in the sale and/or distribution of all SALESNEARYOU products/services. The Independent Contractor shall not enter into any agreements or make any purchases in the name of, or on behalf of, SALESNEARYOU.
An Independent Contractor at his/her own expense (if any) shall be responsible for the filing of any and all reports required by local law or public authority with respect to the sale of any products/services marketed by SALESNEARYOU and shall abide by any and all federal, state, county, and municipal laws, rules, regulations, and ordinances with respect to all sales. The Contractor is responsible for providing SALESNEARYOU his/her Social Security number or Federal Tax Identification number for tax reporting purposes.
There are no territory exclusives. Any Independent Contractor may sell products/services in any state in which SALESNEARYOU is authorized to do business, except in those states where an insurance or other license or appointment is required unless the Independent Contractor meets those requirements
During the term of this Agreement, the Contractor shall NOT bill and SALESNEARYOU NOT shall reimburse [him or her] for Any out-of-pocket expenses which are incurred in connection with the performance of the duties hereunder.
Any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of SALESNEARYOU. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by [him or her] in rendering duties to SALESNEARYOU are hereby licensed to SALESNEARYOU for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Contractor's prior written approval by SALESNEARYOU to a wholly-owned subsidiary of SALESNEARYOU.
The Contractor acknowledges that during the engagement [he or she] will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by SALESNEARYOU and/or used by SALESNEARYOU in connection with the operation of its business including, without limitation, SALESNEARYOU's business and product processes, methods, customer lists, accounts and procedures. The Contractor agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with SALESNEARYOU. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of SALESNEARYOU, whether prepared by the Contractor or otherwise coming into [his or her] possession, shall remain the exclusive property of SALESNEARYOU. The Contractor shall not retain any copies of the foregoing without SALESNEARYOU's prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by SALESNEARYOU, the Contractor shall immediately deliver to SALESNEARYOU all such files, records, documents, specifications, information, and other items in [his or her] possession or under [his or her] control. The Contractor further agrees that [he or she] will not disclose [his or her] retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of SALESNEARYOU and shall at all times preserve the confidential nature of [his or her] relationship to SALESNEARYOU and of the services hereunder.
This Agreement shall not be terminated by the merger or consolidation of SALESNEARYOU into or with any other entity.
The Company may terminate this Agreement at any time by 2 working days' email written notice to the Contractor. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, SALESNEARYOU at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor.
The Contractor shall not assign any of [his or her] rights under this Agreement, or delegate the performance of any of [his or her] duties hereunder, without the prior written consent of SALESNEARYOU.
The Contractor represents that [he or she] is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering [his or her] duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which [he or she] does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much of [his or her] productive time, energy and abilities to the performance of [his or her] duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Contractor is expressly free to perform services for other parties while performing services for SALESNEARYOU. For a period of six months following any termination, the Contractor shall not, directly or indirectly hire, solicit, or encourage to leave SALESNEARYOU's employment, any employee, consultant, or contractor of SALESNEARYOU or hire any such employee, consultant, or contractor who has left SALESNEARYOU's employment or contractual engagement within one year of such employment or engagement.
SALESNEARYOU reserves the right at any time to no longer accept new membership sales or associate recruitments from any Independent Contractors, and to adjust or change any marketing plan and incentive program and at any time without prior notice.
Modifications of Terms and Conditions:We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Website located at www.SALESNEARYOU.com or any such successor Website. You are responsible for regularly reviewing these terms and conditions. Continued use of the Services after any modification shall constitute your consent to such modification. We do not and will not assume any obligation to notify you of any modification to the Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.
Limitations On Use:You agree that you have the full authority and right to enter into this Agreement and that you are at least 18 years of age. You also agree that you will not use the Services to transmit, disseminate or upload:
You further agree:
- Unlawful, harassing, libelous, tortuous, abusive, threatening, or obscene communications of any kind.
- Materials that infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
- Objectionable materials, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone.
- Spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
- Viruses or other harmful, disruptive or destructive files.
- Content containing nudity or pornographic material of any kind to people under age 18, or to anyone on lists that are not limited to people age 18 or older.
- You are prohibiting from attempting to interfere with the proper function of this site.
- You are prohibited from forging any email addresses.
- You are prohibited from framing any content of this web site.
- You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving the web site of SALESNEARYOU whether or not enumerated here. If you have any questions about your obligations set out here, you should contact SALESNEARYOU to clarify your questions.
- (a) that you will not disrupt or interfere with another user's use or enjoyment of the Services;
- (b) that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, the Services, system resources or accounts, or any servers or networks connected to the Services;
- (c) that you will not attempt to obtain unauthorized access to Services, or to private lists on the Services;
- (d) that you are solely responsible for your actions in relation to Services, and for any communications transmitted under your account;
- (e) that you will not forge header or address information or otherwise impersonate another or create a false identity;
- (f) that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from our Website;
- (g) that you will not disrupt the normal operations of the Services or cause any substantial change in the usual content or frequency of emails sent using the Services;
- (h) that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and,
- (i) that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection. You agree that we may in our sole discretion remove any material that appears to violate any of the foregoing, and may immediately limit or terminate your account or access if it appears you have violated any of the provisions as described herein.
Fees Terms:You hereby authorize us to charge your credit card in advance for the applicable Ads you post incurred by you or on your behalf in connection with your use of the Services during the term of this Agreement. Such base price will be automatically charged to your credit card until this Agreement is terminated and your account canceled, regardless of account activity. Monthly fees to be billed every month on the day you initially signed up & processed your payment.
Communication:We shall have the right to communicate with you via email, receipt of which by you is considered by SALESNEARYOU essential to our provision of service. You may unsubscribe from such communication at any time.
Disclosure of Information:We will not disclose personally identifiable information about you or your private communications (i.e., content transmitted on private, non-public lists) to third parties, without your permission, unless we believe such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend our rights or property or that of others; (3) enforce this Agreement; (4) respond to claims that the contents of any communications violate the rights of others; or (5) as otherwise provided in the Agreement. From time to time, we will disclose aggregate user demographic data to third parties. We may access your account and related communications for technical processing and to address technical problems or service complaints.
Proprietary Rights:We will not sell, trade, rent, lend or give email addresses that you supply us to anyone else for any purpose, nor will we use the addresses you supply us for any purpose other than supplying the Services to you. It is understood that it is possible that some of the addresses you supply us may already be on lists that we own and that we have the right to mail to such addresses. We do not claim ownership of the materials you provide to us for purposes of using the Services and which were created by you or on your behalf. By transmitting such materials for distribution to your Lists, you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish such materials solely for the purposes of providing the Services to you.
Disclaimer of Warranties:THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THA T RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. DUE TO THE NATURE OF PROGRAM, SOFTWARE & SERVER ISSUES THAT MIGHT ARISE, THE SALESNEARYOU PROGRAM ONLINE SOFTWARE PORTAL MAY NOT BE AVAILABLE FOR CLIENTS. AT SUCH TIME CLIENTS ARE REQUIRED TO SUBMIT ALL JOBS THROUGH OUR EMAIL SUBMISSION PAGE AT: http://www.SALESNEARYOU/contact-main.php OR BY SIMPLY SENDING AN EMAIL TO info@SALESNEARYOU.com WITH SUBMISSIONS DETAILS. THE SALESNEARYOU RESERVES THE RIGHT TO ALTER OR CHANGE THE SOFTWARE AT ANYTIME IN ORDER TO PERFORM EMAIL SENDING SERVICE.
Limitations of Liability:UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SALESNEARYOU Program OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. Without limiting any of the foregoing, we are not responsible for any of your materials and data residing on our network hardware. You are responsible for backing-up your materials and data that may reside on our network hardware, whether or not such materials and data are produced through the use of the Services. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. In no event will we be liable to you for more than the actual dollar amount that you paid for the use of the Services during the term of this Agreement.
Indemnification:You agree to indemnify, defend and hold harmless SALESNEARYOU , its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party arising out of or related to your use of the Services or your violation of this Agreement, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
Payment and Financial Agreement:The "client", "business", "you", acknowledges and agrees that all financial information given to SALESNEARYOU (credit card and electronic debit information) is true and lawfully theirs . The "client" acknowledges that all payments are due in full prior to the execution of any marketing campaign and that SALESNEARYOU maintains a "no refund policy" for any marketing campaign after its execution . Additionally, SALESNEARYOU will not refund any money after an account has been set up for the month . The "client" acknowledges that they will not dispute charges and agrees to these financial terms and conditions with SALESNEARYOU . In the event that SALESNEARYOU receives a charge back or theft of service after our services are rendered, an additional 100 . 00 fee in U . S . dollars, and court, collection and attorney's costs, will be assessed to the amount of money owed . The client acknowledges that this agreement will replace any agreement with their credit card companies and financial institutions. All fees paid toward the use of SALESNEARYOU's will be charged on the first day of sign up and consequentially every month on the same day. If billing starts on the 31st the SALESNEARYOU will charge on the last day of the month for months ending in 29 and 30 days. All software and hosting account cancellations must be submitted in writing to SALESNEARYOU at the above address and received 2 days before the billing date falls in. SALESNEARYOU will prosecute to the full extent of the law any individual that provides us with criminally fraudulent financial information. SALESNEARYOU prides itself on protecting consumer's financial privacy and safety .
General:This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree that you will bring any claim or cause of action arising out of your use of the Services or this Agreement in the courts located within the county of Broward of FL and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the Services or this Agreement must be filed within two weeks after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in this Agreement is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of this Agreement will remain in full for ce and effect. No waiver of any provision of this Agreement shall be effective except pursuant to a written instrument signed by us waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. You shall not assign this Agreement or any right, interest or benefit under this Agreement without our prior written consent. This Agreement sets forth the entire agreement between you and us, and supersedes any and all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.