TERMS OF USE
1. Introduction.
In this Service Agreement ("Agreement"),"Customer," User, "you" and "your" refer
to each customer or user and adinfluence.com, "we," "us" and "our" refer to
adinfluence.com. This Agreement explains our obligations to you, and your
obligations to us, in relation to your use of our services.
By selecting adinfluence.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 Austin, TX, the location of our principal
place of business.
2. Services.
adinfluence.com offers writing services and other services and information that
may assist you in marketing your business online. Such services and information
are provided on an as-is basis from adinfluence.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
adinfluence.com (Eric Louviere) 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 adinfluence.com at all times. All fees are
due immediately upon registration and are non-refundable (except for the first
30 days). adinfluence.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 adinfluence.comto 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
adinfluence.com may have, we may, in our sole discretion, suspend or terminate
your account.
4. Term of Service.
Unless otherwise specified, each adinfluence.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 adinfluence.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
adinfluence.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 adinfluence.com or any partner of adinfluence.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
adinfluence.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.
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, adinfluence.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
adinfluence.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 adinfluence.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 adinfluence.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 adinfluence.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 adinfluence.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
adinfluence.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 adinfluence.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 adinfluence.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 NON-INFRINGEMENT. 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.
adinfluence.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 adinfluence.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 Austin, TX.
20. Agreement to be Bound.
By applying for the service(s) of adinfluence.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 adinfluence.com.