|
DollarMakers Subscription Agreement
AGREEMENT BETWEEN YOU AND DOLLARMAKERS
1. INTRODUCTION
1.1 DollarMakers Subscription Agreement (the "Subscription Agreement") is a legal agreement between you and DollarMakers and governs your use of any of DollarMakers subscription services on our internet software, and including updates and upgrades to each service (individually and collectively). Subscription to DollarMakers subscription services is offered to you conditional upon your acceptance without modification of the terms, conditions, and notices contained in this Subscription Agreement. If you do not agree to this Subscription Agreement do not subscribe to or use DollarMakers subscription services.
1.2 DollarMakers includes various websites, webpages, software and services operated by Elliott Enterprises Inc., 3071 Glen Drive, Suite 1106, Coquitlam, British Columbia, V3B 7R1, CANADA, Right Quadrant Makers, 588 Maiden Lane, Peterborough, On K9H 3V2 or its affiliates. As used in this Subscription Agreement, "you" or "your" means you, anyone who has access to use your DollarMakers account, and any person utilizing an Associated Account, as defined below in Section 9. You must be at least eighteen (18) years of age to subscribe to DollarMakers subscription services and by subscribing you affirm that you are at least eighteen (18) years of age.
1.3 Your use of a particular website or service within DollarMakers subscription services may be subject to additional terms, codes of conduct or guidelines, including without limitation, particular features or offers (the "Additional Terms"). Your acceptance of this Subscription Agreement also constitutes your acceptance of any Additional Terms applicable to any Website or service within DollarMakers subscription services. In the event that anything in this Subscription Agreement conflicts with the Additional Terms then this Subscription Agreement shall control.
2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
2.1 DollarMakers adheres to DollarMakers Statement of Privacy for the collection and use of your personal information. You can review DollarMakers Statement of Privacy at http://www.dollarmakers.com/content/view/161/134/ . You should periodically review DollarMakers Statement of Privacy as it is updated on a regular basis.
Please note that DollarMakers will pass certain details about you (i.e. your name and email address) to its partners who fulfill applicable subscription services - in most cases the partners have an agreement with DollarMakers, that they will NOT use your details for any marketing purposes or pass your details to a third party without your consent. You agree that DollarMakers is not responsible or liable for any actions taken by its partners in respect to any data shared or services provided either as part of the subscription service or any other services the partner may provide.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Your subscription to DollarMakers subscription services for the DollarMakers Joint Venture Club requires you to open an account, provide us with current, complete and accurate sign-up information, and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. DollarMakers is not responsible for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be responsible for losses incurred by DollarMakers or another party due to someone else using your account or password.
4. MODIFICATION OF THIS SUBSCRIPTION AGREEMENT
In the event that DollarMakers desires to make any changes or additions to the terms, conditions, and notices involving DollarMakers, including any terms related to pricing, discontinuation of plans and billing, then DollarMakers will notify you of such changes or additions. The form of such notification may be, but is not required to be, e-mail, online via one or more of the websites within DollarMakers (For example, on DollarMakers, Mom Comes Home, No Money No Risk, or other electronic notice). In the event you do not agree to such changes or additions, then you must cancel your subscription and stop using DollarMakers subscription services prior to the effective date of such changes or additions. Your continued use of DollarMakers subscription services after the effective date of such changes or additions constitutes your acceptance of and agreement to such changes or additions.
5. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, DollarMakers subscription services are for your personal use. Any unauthorized commercial use of DollarMakers subscription services, or the resale of any DollarMakers subscription services, is expressly prohibited. For example, you acknowledge and agree to use DollarMakers subscription services only to send and receive personal messages. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from DollarMakers subscription services. Without the advance express written permission of DollarMakers , you may not 'meta-search' DollarMakers subscription services, send, or cause to be sent, any automated queries of any sort to DollarMakers subscription services, or use DollarMakers subscription services in any commercial manner.
6. LINKS TO THIRD-PARTY SITES
The links included within DollarMakers subscription services may direct you to third-party websites ("Linked Sites"). The Linked Sites are not under the control of DollarMakers and DollarMakers is not responsible for the contents of any Linked Site. DollarMakers is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DollarMakers of the site or any association with its operators. Any dealings with third parties (including advertisers) included within DollarMakers subscription services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. DollarMakers shall not be responsible or liable for any part of any such dealings or promotions.
7. NO UNLAWFUL OR PROHIBITED USE
7.1 As a condition of your use of DollarMakers subscription services, you shall not use DollarMakers subscription services for any purpose that is unlawful or prohibited by this Subscription Agreement. You may not use DollarMakers subscription services in any manner that could damage, disable, overburden, or impair any Website or service within DollarMakers subscription services (or the networks connected to any Website or service within DollarMakers subscription services) or interfere with any other party's use and enjoyment of DollarMakers subscription services. You may not attempt to gain unauthorized access to DollarMakers subscription services, other accounts, computer systems or networks connected to any website or service within DollarMakers subscription services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through DollarMakers subscription services. You agree to abide by all applicable local, state, national and international laws and regulations.
7.2 When using DollarMakers subscription services you are subject to all the rules specified by the services and websites you visit. This includes websites and services within DollarMakers subscription services as well as services and websites operated by third parties. If another party reports that you have violated their rules, you agree that DollarMakers may take appropriate action just as if you had violated this Subscription Agreement.
8. USE OF SERVICES; OPERATION OF SERVICES
8.1 DollarMakers subscription services contains e-mail services, and may contain bulletin board services, private message area, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You shall only use DollarMakers subscription services to post, send, and receive messages and material that are proper and, when applicable, related to the particular DollarMakers subscription services. By way of example, and not as a limitation, you agree that when using DollarMakers subscription services you will not: Ø Use DollarMakers subscription services n connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). Ø Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Ø Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Ø Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes. Ø Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. Ø Use any material or information, including images or photographs, which is made available through DollarMakers subscription services in any manner that infringes any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary right of any party. Ø Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Ø Use meta-tag searches on the websites. Ø Advertise or offer to sell or buy any goods or services for any business purpose, unless such DollarMakers subscription services specifically allow such messages. Ø Download any file posted by another user of DollarMakers subscription services that you know, or reasonably should know, cannot be legally distributed in such manner. Ø Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Ø Restrict or inhibit any other user from using and enjoying DollarMakers subscription services. Ø Violate any code of conduct or other guidelines which may be applicable for any particular DollarMakers subscription services. Ø Harvest or otherwise collect information about others, including e-mail addresses for mass distribution. Ø Violate any applicable laws or regulations. Ø Create a false identity for the purpose of misleading others. Ø Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity who is not affiliated with DollarMakers, any directory of users of a website or service within DollarMakers subscription services or any portion thereof. Ø Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others. Ø Use your e-mail accounts in the text of unsolicited e-mail messages or websites as an address to which subscribers, members or other internet users can respond. Ø View, intercept, or attempt to intercept e-mail or other private communications not intended for you. 8.2 DollarMakers has no obligation to monitor DollarMakers subscription services. However, DollarMakers reserves the right to review materials posted to any DollarMakers subscription services and to remove any materials in its sole discretion. DollarMakers reserves the right to terminate your access to DollarMakers subscription services or any DollarMakers subscription services at any time, without notice, for any reason whatsoever. DollarMakers reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in DollarMakers' sole discretion.
8.3 Always use caution when giving out any personally identifiable information about yourself or your children in DollarMakers subscription services. DollarMakers does not control or endorse the content, messages or information found in DollarMakers subscription services that are posted by users or other third parties and, therefore, DollarMakers specifically disclaims any liability with regard to such content, messages or information and any actions resulting from your participation in any DollarMakers subscription services which permit posting of content, messages or information. Area Coordinators and Chapter Leaders are not authorized DollarMakers spokespersons, and their views do not necessarily reflect those of DollarMakers and its authorized affiliates.
8.4 Materials uploaded to DollarMakers subscription services may be subject to posted limitations in Canada for reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
8.5 DollarMakers reserves complete and sole discretion with respect to the operation of DollarMakers subscription services. DollarMakers may, among other things: (a) take any action (legal and/or technical) that DollarMakers deems appropriate to prevent bulk e-mail from entering or leaving any DollarMakers e-mail account and the network e-mail system; (b) delete e-mail messages if your e-mail account has not been accessed by you within a time established by DollarMakers from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) subject to DollarMakers Statement of Privacy, make available to third parties information relating to DollarMakers and its subscribers and members; (e) automatically sign out any users who are inactive for an extended period of time, as determined by DollarMakers as set forth in Section 15; (f) after giving you notice, withdraw, suspend, change, or discontinue any functionality or feature of DollarMakers; (g) delete attachments due to potentially harmful materials included within such attachment; and, (h) limit access to the service to prevent abusive consumption and ensure fair access for all subscribers. The amount of e-mail and instant message storage space per subscriber may be limited. Therefore some e-mail and instant messages may not be processed due to space constraints. You agree that DollarMakers is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit DollarMakers automatic sign-out system or part thereof from performing as intended is prohibited.
9. CHARGES AND BILLING
9.1 DollarMakers bills you through an online account (your "Payment Account") for services and items obtained under this Subscription Agreement (the "Products"), including DollarMakers subscription. You agree to pay DollarMakers all charges at the prices then in effect for any Products ordered by you or other persons, and you authorize DollarMakers to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. DollarMakers reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If DollarMakers does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN EMAIL ADDRESS, BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY DOLLARMAKERS IF YOUR PAYMENT METHOD IS CANCELLED (FOR EXAMPLE, FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTP://WWW.PAYPAL.COM or BY EMAIL TO:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
IF YOU FAIL TO PROVIDE DOLLARMAKERS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT DOLLARMAKERS MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST). Prices for all Products exclude all applicable taxes and shipping/handling charges unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and shipping/handling charges, whether or not such amounts are itemized on your statement or charged to your Billing Account or Payment Method. Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). All charges for DollarMakers subscription services, products, taxes, shipping/handling and other related currency costs are in United States Dollars (unless specifically mentioned otherwise). You have the right to receive, and DollarMakers shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the automatic scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method. You agree that DollarMakers may accumulate charges incurred during one or more of your monthly billing cycles and submit them as one or more aggregate charges at any time. DOLLARMAKERS MAY SUBMIT ALL PERIODIC CHARGES (FOR EXAMPLE, MONTHLY, AFTER YOUR FIRST ANNUAL RENEWAL PERIOD EXPIRES) FOR YOUR DOLLARMAKERS SUBSCRIPTION, OR FOR ANY OTHER FEE-BASED SERVICE YOU ORDER THAT WILL BE CHARGED ON A MONTHLY OR OTHER PERIODIC BASIS, ON SUCH MONTHLY OR OTHER PERIODIC BASIS WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE DOLLARMAKERS REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO HTTP://WWW.PAYPAL.COM OR EMAIL
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Your continued use of the Products and services on your Billing Account reaffirms that DollarMakers is authorized to charge your Payment Method. DollarMakers may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive DollarMakers’ right to seek payment directly from you. Your charges for DollarMakers subscription services are monthly, quarterly or yearly in advance, and the charges for any other Product may be payable in advance, in arrears, or as otherwise described when you initially ordered the applicable Product. Certain services associated with DollarMakers subscription services may require the payment of additional fees (including, without limitation, replicated websites, set-up, banner advertisements, graphic design, sponsorships, membership upgrades, Bootcamps, seminars, other events, initial activation and reactivation, transfer and relocation or any other service deemed applicable outside the norm of an internet based subscription service) and you agree to pay such pre-approved fees at the prices then in effect as specified for such service to either DollarMakers or its designated service provider. You agree that DollarMakers may pass your account information (including, without limitation, credit card number) to its designated service provider of such additional services for their use in charging you for appropriate services rendered.
9.2 You understand that DollarMakers subscription services will commence as soon as DollarMakers receives and processes your initial payment. You agree that any statutory right to withdraw from DollarMakers subscription services will be waived as soon as DollarMakers subscription services commence. You understand that you may discontinue any and all services and products of DollarMakers at anytime by submitting a request in writing (and receiving a written notice of receipt); however, there will be no refunds of any kind and any charges that are outstanding must be paid in full.
9.3 If you are paying via PayPal account you can sign into http://www.paypal.com to view your Online Statement. Your Online Statement will be available according to your Payment Account services. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that DollarMakers needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS DollarMakers will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time. However, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to DollarMakers. Unless you notify DollarMakers (or any affiliated sites) of any error within 30 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. If you are paying via authorized and accepted credit card, it is your responsibility to check and save your monthly statement(s). TO THE EXTENT ALLOWED BY LAW, YOU RELEASE DOLLARMAKERS (AND AFFILIATED SITES) FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO DOLLARMAKERS WITHIN 30 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.
9.4 The amount due to DollarMakers for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by DollarMakers. You are not entitled to carry forward a balance.
9.5 If DollarMakers does not receive payment for any charge to your Billing Account, you will be in default and DollarMakers may suspend or cancel your Billing Account and your access to DollarMakers subscription services and any or all other DollarMakers Products. If your Payment Method Provider seeks return of payments previously made to DollarMakers, but DollarMakers, in good faith, believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and DollarMakers may cancel your Billing Account and your access to DollarMakers subscription services and any or all other Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, DOLLARMAKERS MAY STOP DELIVERY OF DOLLARMAKERS SUBSCRIPTION SERVICES AND ANY OTHER PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON AN DOLLARMAKERS SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
10. MATERIALS PROVIDED TO DOLLARMAKERS OR POSTED AT ANY DOLLARMAKERS WEBSITE
10.1 DollarMakers does not claim ownership of the materials you provide to DollarMakers (including feedback and suggestions) or post, upload, input or submit to any website or service within DollarMakers for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting DollarMakers, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their internet businesses (including, without limitation, all websites or services within DollarMakers, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sub-license such rights to any supplier of DollarMakers). No compensation will be paid with respect to the use of your Submission, as provided herein. DollarMakers is under no obligation to post or use any Submission you may provide and DollarMakers may remove any Submission at any time in its sole discretion. 10.2 By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Subscription Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, where your Submission contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in this Subscription Agreement. By Posting a Picture, you are granting (in addition to the grants specified above) (a) to all members of the DollarMakers community (for each such Picture available to members of such private community), (b) to the general public (for each such Picture available anywhere on DollarMakers, other than a private community), and/or (c) to any person with whom you share Pictures through e-mail using DollarMakers, permission to use your Picture in connection with DollarMakers, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture). The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from DollarMakers, provided that such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture.
11. INSTALLATIONS
DOLLARMAKERS, ITS AFFILIATES, BUSINESS ASSOCIATES AND ITS DESIGNATED SERVICE PROVIDERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR OR SUPPORT SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES, LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER OR FOR ANY MODIFICATIONS MADE TO YOUR COMPUTER SYSTEM INCLUDING MODIFICATIONS OR DELETION OF FILES.
12. LIABILITY/WARRANTY DISCLAIMER
12.1 CHANGES ARE PERIODICALLY MADE TO DOLLARMAKERS AND TO THE INFORMATION THEREIN. DOLLARMAKERS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN DOLLARMAKERS AT ANY TIME. YOU SPECIFICALLY AGREE THAT DOLLARMAKERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY WEBSITE OR SERVICE WITHIN DOLLARMAKERS, YOU SPECIFICALLY AGREE THAT DOLLARMAKERS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT DOLLARMAKERS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY WEBSITE OR SERVICE WITHIN DOLLARMAKERS SITE BY ANY THIRD PARTY.
12.2 ALL CONTENT(AS DEFINED ABOVE), EQUIPMENT (WHERE APPLICABLE, AND EXCEPT AS EXPRESSLY STATED IN A WRITING ACCOMPANYING SUCH EQUIPMENT), AND SERVICE (INCLUDING BUT NOT LIMITED TO ANY SERVICE PROVIDED ON YOUR COMPUTER BY DOLLARMAKERS OR ITS DESIGNATED SERVICE PROVIDERS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DOLLARMAKERS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT AND EQUIPMENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. DOLLARMAKERS AND ITS RESPECTIVE SUPPLIERS DO NOT WARRANT THAT THE CONTENT OR EQUIPMENT IS ACCURATE, RELIABLE, SECURE OR ERROR-FREE; THAT DOLLARMAKERS WILL BE AVAILABLE AT ANY PARTICULAR TIME; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR EQUIPMENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOLLARMAKERS , ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF DOLLARMAKERS OR RELATED EQUIPMENT, WITH THE DELAY OR INABILITY TO USE DOLLARMAKERS OR RELATED EQUIPMENT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF DOLLARMAKERS OR RELATED EQUIPMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DOLLARMAKERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
12.4 DOLLARMAKERS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF DOLLARMAKERS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SUBSCRIBERS WILL BE ABLE TO ACCESS DOLLARMAKERS AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT DOLLARMAKERS , DOLLARMAKERS INTERNET CLIENT SOFTWARE, DOLLARMAKERS SERVICES OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
12.5 DOLLARMAKERS’ LIABILITY TO YOU FOR BREACH OF THIS SUBSCRIPTION AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO DOLLARMAKERS FOR ACCESS TO AND USE OF DOLLARMAKERS SUBSCRIPTION SERVICES. YOU HEREBY RELEASE DOLLARMAKERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION IN THIS SECTION 12 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF DOLLARMAKERS, OR WITH ANY PART OF THIS SUBSCRIPTION AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR DOLLARMAKERS, OR TO CANCEL YOUR SUBSCRIPTION TO DOLLARMAKERS FOR WHICH MONIES PAID ARE NOT REFUNDABLE.
12.6 The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
13. NO PROFESSIONAL ADVICE
Nothing contained in DollarMakers is intended to constitute investment, legal, tax, real estate, medical, accounting or other personal or professional advice, and you should not rely solely on the reports, data, and other information provided to you as part of DollarMakers for making decisions. Information provided within DollarMakers is for informational purposes only. You should consult with an appropriate professional for specific advice tailored to your situation and/or verify the accuracy of information provided to you before making any decision.
14. STORAGE SPACE AND OTHER LIMITATIONS
14.1 You agree that DollarMakers may establish limits concerning use of any DollarMakers subscription services, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent from or received by an account, the maximum size of an e-mail message that may be sent from or received by an account, the maximum disk space that will be allotted on DollarMakers’ servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any DollarMakers service in a given period of time. You agree that DollarMakers has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any DollarMakers services. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any DollarMakers service may change at any time.
14.2 You acknowledge that DollarMakers reserves the right to sign out, terminate or delete your accounts for any particular website or service within DollarMakers that are "inactive" for an extended period of time, even if you continue to maintain your DollarMakers subscription to DollarMakers 's subscription services. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by DollarMakers, in its sole discretion. The amount of time that DollarMakers currently considers as an "extended" period of time is determined based on the particular website or service within DollarMakers to which it pertains, or other user information relating to the particular service.
15. TERMINATION OF SUBSCRIPTION
15.1 DollarMakers reserves the right, in its sole discretion, to terminate or suspend your subscription to DollarMakers subscription services at any time, with or without cause, with or without notice. For example, DollarMakers may, n its discretion, terminate, cancel, or suspend an accepted order if DollarMakers is notified that your Payment Method has expired or has been cancelled, or if DollarMakers has reason to believe that any Billing Account information provided to DollarMakers is untrue, inaccurate, not current or incomplete. Upon termination of your subscription to DollarMakers subscription services your right to use DollarMakers subscription services immediately ceases. DollarMakers shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
15.2 You may terminate your DollarMakers subscription at any time, with or without cause, upon written notice to DollarMakers at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
15.3 DollarMakers reserves the right to terminate, cancel or suspend your DollarMakers subscription for violation of the Code of Ethics which is an integral part of the DollarMakers membership. Specifically, the Code of Ethics is: 1. I/We will conduct our businesses as professionals at all times. 2. I/We subscribe to absolute honesty and integrity. 3. I/We return calls and e-mails promptly. 4. I/We don't take on tasks I/we know I/we cannot perform. 5. I/We don't pressurize other Members, spam them or harass them. 6. I/We respect the time of other Members. 7. I/We understand that I/we want a win/win scenario every time. 8. Solid relationships are the basis for successful JV business. 9. I/We do what I/we say, when we say I/we will do it, in the manner that I/we promise. 10. I/We treat other members with respect and courtesy at all times. 11. I/We seek to contribute, to build and to encourage other Members. 12. I/We create Value and remain positive, optimistic and friendly at all times.
15.4 Termination, cancellation or suspension of your DollarMakers subscription, whether by you or DollarMakers, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before DollarMakers could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension of your DollarMakers subscription.
16. NO 'SPAM'; DAMAGES
DollarMakers may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay DollarMakers liquidated damages equal to two (2) United States Dollars ($2.00) for each piece of 'spam' or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay DollarMakers’ actual damages; to the extent such actual damages can be reasonably calculated. You agree that DollarMakers may charge such damages to your selected Payment Method, as set forth in Section 9.
17. GENERAL
17.1 You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method, as defined in Section 10); and (3) you are an individual authorized to use the Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Subscription Agreement. DollarMakers may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain your DollarMakers subscription services or any other applicable Product.
17.2 Claims for enforcement, breach or violation of duties or rights under this Subscription Agreement shall be adjudicated under the laws of Canada. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in CANADA in all disputes arising out of or relating to the use of DollarMakers. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DollarMakers as a result of this Subscription Agreement or use of DollarMakers subscription services. You agree not to represent yourself to be a representative, agent, or employee of DollarMakers and that DollarMakers will not be liable by reason of any representation, act or omission to act by you.
17.3 DollarMakers reserves the right to disclose any personal information about you or your use of DollarMakers subscription services, including its contents, without your prior permission if DollarMakers has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process or any governmental request; (2) protect and defend the rights or property of DollarMakers r its affiliated companies; (3) enforce this Subscription Agreement; or (4) act to protect the interests of its members or others. DollarMakers’ performance of this Subscription Agreement is subject to existing laws and legal process, and nothing contained in this Subscription Agreement is in derogation of DollarMakers’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of DollarMakers subscription services or information provided to or gathered by DollarMakers with respect to such use.
17.4 If any part of this Subscription Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Subscription Agreement shall continue in effect. DollarMakers may assign this Subscription Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Subscription Agreement, or assign, transfer or sublicense any rights in your Billing Account. Unless otherwise specified herein, this Subscription Agreement constitutes the entire agreement between you and DollarMakers with respect to DollarMakers and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DollarMakers with respect to DollarMakers.
17.5 A printed version of this Subscription Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Subscription Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and DollarMakers agree that any cause of action arising out of or related to DollarMakers subscription services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
18. NOTICES, CONSUMER DISCLOSURES, AND CONSENTS REGARDING ELECTRONIC INFORMATION
18.1 Notices given by you to DollarMakers must be given by e-mail to DollarMakers and addressed to
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or by postal mail. Notices to DollarMakers by postal mail must be sent to Elliott Enterprises Inc. d/b/a DollarMakers, 3071 Glen Drive, Suite 1106, Coquitlam, British Columbia, CANADA V3B 7R1.
18.2 ALL INFORMATION THAT DOLLARMAKERS IS REQUIRED BY LAW TO SEND TO YOU REGARDING YOUR DOLLARMAKERS SUBSCRIPTION, AND ANY OTHER SUBSCRIPTIONS, SERVICES AND ITEMS PROVIDED TO YOU UNDER THIS SUBSCRIPTION AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM DOLLARMAKERS, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY.
DOLLARMAKERS WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED OR CREATED WHEN YOU SIGNED UP FOR YOUR DOLLARMAKERS SUBSCRIPTION, (2) BY ACCESS TO AN DOLLARMAKERS LIMITED WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO AN DOLLARMAKERS WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
18.3 As part of your DollarMakers subscription services, you have (a) provided, or designated during the sign-up process, an e-mail address; (b) installed or currently have on your computer, Internet Explorer VERSION 6.0 OR ABOVE or a computer capable of accessing Internet Explorer. Each of these items is necessary in order for you to receive Required Information electronically from DollarMakers. Also, your computer must be capable of either printing or storing Required Information received in electronic form from DollarMakers via a plain-text formatted e-mail message or by access to a DollarMakers website using the browser specified above. In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print the Required Information that DollarMakers sends to you in electronic form, DollarMakers will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in your DollarMakers subscription services, or any other Products.
18.4 YOU AGREE THAT BY ACCEPTING THIS SUBSCRIPTION AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM DOLLARMAKERS, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU PROVIDED DOLLARMAKERS A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION WHEN YOU SIGNED UP FOR YOUR DOLLARMAKERS SUBSCRIPTION. YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY CONTACTING THE GENERAL MANAGER OF DOLLARMAKERS (
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
) HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, DOLLARMAKERS MAY TERMINATE YOUR DOLLARMAKERS SUBSCRIPTION, YOUR BILLING ACCOUNT AND ANY OTHER PRODUCTS PROVIDED TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify and hold DollarMakers, its parents, subsidiaries, members, affiliates, officers, (and if) employees harmless from any claim, demand, or damage, including costs and reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on DollarMakers websites. DollarMakers ill notify you of any claim for which DollarMakers seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to DollarMakers 's interests, as reasonably determined by DollarMakers .
20. COPYRIGHT AND TRADEMARK NOTICES
All contents of DollarMakers are: Copyright (c) DollarMakers and/or its suppliers and affiliates, Elliott Enterprises, Inc., d/b/a DollarMakers, 3071 Glen Drive, Suite 1106, Coquitlam, British Columbia, CANADA V3B 7R1. © 2006 - 2007 DollarMakers . All rights reserved.
|
CODE OF ETHICS & POLICIES 
