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Introduction.
In this Service Agreement ("Agreement"),"Customer," User, "you"
and "your" refer to each customer or user and DisclosureJournal.com,
"we," "us" and "our" refer to DisclosureJournal.com or DisclosureJournal.com.
This Agreement explains our obligations to you, and your obligations
to us, in relation to your use of our services.
By selecting DisclosureJournal.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 Lakeway, TX, the location of our principal
place of business.
2. Services.
DisclosureJournal.com offers information and other services
that may assist you in marketing your business online. Such
services and information are provided on an as-is basis from
Job Crusher 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 DisclosureJournal.com 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 DisclosureJournal.com at all times. All fees are due
immediately upon registration and are non-refundable. DisclosureJournal.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 DisclosureJournal.com to 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 DisclosureJournal.com may
have, we may, in our sole discretion, suspend or terminate your
account. In order to qualify for the stated refund policy with
in 30 days, you agree to cancel your membership prior to the
following month’s renewal date. Failure to do so will result
in renewal of your subscription and that collection of renewal
subscription fees will not be subject to a refund.
4. Term of Service.
Unless otherwise specified, each DisclosureJournal.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 DisclosureJournal.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
DisclosureJournal.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 DisclosureJournal.com or any partner
of DisclosureJournal.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 DisclosureJournal.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.
Further, it is a violation of the terms of use to record via
video, photograph or other wise make available the internal
site structure of DisclosureJournal.com to non-Members of
DisclosureJournal.com. If any videos or images exist, it
is immediately required that all such videos or images be taken
down offline and off of any servers.
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, DisclosureJournal.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 DisclosureJournal.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 DisclosureJournal.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 DisclosureJournal.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 DisclosureJournal.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 DisclosureJournal.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 DisclosureJournal.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 DisclosureJournal.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 DisclosureJournal.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 NONINFRINGEMENT. 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.
DisclosureJournal.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 DisclosureJournal.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 DisclosureJournal.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 DisclosureJournal.com.
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