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Terms of Use
Thank you for choosing Prosites4less.com. We look forward to doing business with you and hope you find our services beneficial.
Prosites4less.com
Web site Terms of Use
The following terms and conditions govern your use of this Website and any services that are offered within. By using this site or the services provided, you agree to be, and are, bound by these Terms of Use. You acknowledge and agree that your continued use of Prosites4less.com's Website or services after any such update signifies your acceptance of such modified Terms of Use . Due to the fact that this is a legal and binding agreement between you and Prosites4less.com, please feel free to print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use this site or the services provided here.
OWNERSHIP
The trademarks, logos, and service marks displayed on Prosites4less.com Website belong to Prosites4less.com and others. Prosites4less.com and all other trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you or anyone else any right whatsoever to the Marks. You may not reproduce, use, or present any Marks without their owner's prior written consent.
TERMINATION OF SERVICES/WEBSITE
Prosites4less.com may amend or discontinue its Website or the services it provides at any time, and for any reason, with or without notice to you. Prosites4less.com will not be liable to you or any third party as a result of such amendment or discontinuation of any Web site or services. The provisions of these Terms of Use will survive any termination of this Web site or any services provided by Prosites4less.com.
DISCLAIMER
You acknowledge and agree that your use of our Web site and the services we offer is at your own risk. THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROSITES4LESS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES PROSITES4LESS MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. LIMITATION OF LIABILITY: IN NO EVENT WILL PROSITES4LESS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE.
FURTHERMORE, IN NO EVENT WILL PROSITES4LESS.COM'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY PROSITES4LESS.COM FROM YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS PRECEDING THE EVENTS OR CIRCUMSTANCES GIVING RISE TO LIABILITY, OR, IF SUCH LIABILITY ARISES FROM ANY PARTICULAR SERVICE(S), THEN PROSITES4LESS.COM'S LIABILITY WILL BE LIMITED TO THE FEES YOU HAVE PAID TO PROSITES4LESS.COM FOR THE PARTICULAR SERVICE(S) DURING SUCH THREE-MONTH PERIOD. Without limiting the foregoing, Prosites4less.com is not responsible for any of your data residing on Prosites4less.com hardware. You are responsible for backing-up your data and information that may reside on the Prosites4less.com hardware, whether or not such information is produced through the use of the Service.
LINKS
Our Web site may contain links to other Internet Web sites or resources. You acknowledge and agree that Prosites4less.com is not responsible or liable in any way for (a) the availability or accuracy of such sites or resources, or (b) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our Website does not imply that Prosites4less.com endorses any of the linked sites. You use the links at your own risk.
REGISTRATION AND ACCOUNT USE
You agree that any information you provide in response to Prosites4less.com's registration and other forms will be true, accurate, current and complete. In particular, you agree not to misrepresent your identity to Prosites4less.com. By submitting any information to Prosites4less.com, you grant Prosites4less.com the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy policy, which policy is set forth in our site.
If you become a registered user of our site or services, you will receive a password for accessing your account information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. Prosites4less.com will not be liable for any loss that you may incur as a result of any third party's use of your password or account, either with or without your knowledge. You may not use anyone else's password at any time.
LIMITATION OF LIABILITY
If you do not agree with our Terms of Use, or if you are not satisfied with our Web site or any of the services that Prosites4less.com provides, your sole remedy is to discontinue your use of the Prosites4less.com Web site and services. PROSITES4LESS.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE PROSITES4LESS.COM WEB SITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROSITES4LESS.COM HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF PROSITES4LESS.COM'S WEB SITES AND SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to defend, indemnify and hold harmless Prosites4less.com, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Prosites4less.com's Products. Prosites4less.com reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for Prosites4less.com in that matter.
AMENDMENTS TO TERMS OF USE
No modification to these Terms of Use will be effective unless: (a) posted by Prosites4less.com in the section of Prosites4less.com's Web site; or (b) expressly agreed to in writing on Prosites4less.com's letterhead and signed by an executive vice president or higher-level officer of Prosites4less.com. Any modification posted on this site will become effective immediately, and your continued use of Prosites4less's Web sites or the services it offers will signify your acceptance of such modified terms.
GENERAL PROVISIONS
These terms will be governed by and construed solely in accordance with the laws of the State of California , excluding that body of law governing conflict of laws. Both you and Prosites4less.com agree that any legal action or proceeding relating to or arising out of these Terms of Use or your use of Prosites4less.com's Web site or services will be brought exclusively in state court in California , and by agreeing to these Terms of Use you submit to the personal jurisdiction of, and venue in, such courts.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or Prosites4less.com's rights and remedies under these Terms of Use in any other way. Except for other agreements, terms, or policies appearing on the Prosites4less.com Web site, these Terms of Use set forth the entire understanding and agreement between you and Prosites4less.com regarding the subject matter hereof.
ADDITIONAL INFORMATION
This Web site is owned and operated by Prosites4less. Any questions relating to this Web site or these Terms of Use may be directed to info@Prosites4less.com. Thank you for using the Prosites4less.com Web site.
Prosites4less.com Membership Agreement
This Prosites4less.com Membership Agreement (the "Agreement") is a legal contract between you andProsites4less.com. The Agreement governs your purchase and use of the various services, whether fee-based or free of charge, offered on Prosites4less.com's Web site. Your use of the Services is conditioned on your acceptance of this Agreement. By using any Service or by checking the acceptance box at the end of this Agreement, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register. Such additional terms may be found in the Agreements & Policies section of Prosites4less.com's Web site, and shall be considered a part of this Agreement with respect to the Services they cover. Since this is a binding legal agreement between you and Prosites4less.com, please print a copy of this Agreement for your records.
1. THE SERVICES
Prosites4less.com will provide you with the Services for which you register on Prosites4less.com's Web site, subject to the terms and conditions of this Agreement. You acknowledge that the Services may be offered in various separately priced service levels or packages ("Program Plans"), and you will only receive the Program Plans that you have registered for, and for which you are paying all associated fees. Descriptions of each Program, and the various Program Plans that are available for each Service, are available on Prosites4less.com's Web site. http://www.prosites4less.com
You may upgrade to a higher Program Plan, if available, at any time during the term of this Agreement by completing and submitting Prosites4less.com's then-current upgrade process on the Web site. Upon any such upgrade, you agree to pay the increased fees for that Service Plan in accordance with this Agreement. Upgrade pricing for the subscription period in which the upgrade occurs will be prorated in proportion to the number of days remaining in that subscription period at the time the upgrade becomes effective.
Prosites4less.com reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.
If you purchase one of our programs directly from the Prosites4less.com Web site, you will be charged the appropriate price for that program.
2. REGISTRATION PROCESS
To sign up for or receive any Service, you must submit or maintain on file with Prosites4less.com's certain registration data, as requested by Prosites4less.com's online registration form for the Service. Such registration data shall include, but not be limited to, your name, address, email address, Website URLs, credit card number, and other billing information. In addition, you must separately submit an online activation request for each Service you desire to use. Prosites4less.com reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to you unless and until it has charged your credit card for the applicable fee. Prosites4less.com's use of your registration information is governed by Prosites4less.com's privacy policy, available in the Agreements & Policies section of Prosites4less.com's Web site ("Privacy Policy").
3. YOUR PROMISES AND OBLIGATIONS AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING:
(a) All of the registration information you supply to Prosites4less.com is true, complete, and accurate, and you will notify Prosites4less.com of any changes to your registration data during the term of this Agreement and submit updated information.
(b) None of the URLs you submit to Prosites4less.com link to any Web page or site that contains any: nudity, pornography, or other sexual/adult material, hate propaganda or material that encourages/promotes illegal activity or violence, content that violates or infringes in upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights, material that promotes or utilizes software or services designed to deliver unsolicited email, material that violates any local, state, or national law or regulation, misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful, other material that Prosites4less.com deems inappropriate, including any violations of standards posted on Prosites4less.com's Web site or sent to you by email.
(c) You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password.
(d) You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without Prosites4less.com's written consent.
(e) You will treat any and all consumer information gathered for you or transmitted to you via the Prosites4less.com Web site or Services in accordance with Prosites4less.com's Privacy Policy.
(f) You will comply with all local, state, and federal laws and regulations governing your actions under this Agreement.
(g) You have full power and authority to enter into this Agreement and to perform your obligations hereunder.
Without limiting its other remedies, Prosites4less.com may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) above, Prosites4less.com reserves the right to monitor the content of the Web pages or sites that correspond to the URLs you submit to Prosites4less.com.
4. PAYMENT
You agree to pay Prosites4less.com any set-up fees and recurring subscription fees listed on Prosites4less.com's Web site for the Service Plan you select. All renewal fees will incur 5 days prior to expiration in order to ensure users program is not interrupted and no billing issues occur prior to expiration of account. If user decides not to continue the Prosites4less program and the user does not want the account to renew, there must be written notification (email will suffice, sent to billing@Prosites4less.com), or the automatic renewal must be disabled, no later than 80 days of account activation or the account will automatically renew. Once the account has been renewed and since no written cancellation was received at billing@Prosites4less.com , no refund will be rewarded since automatic renewal function can be disabled by you, the user, at anytime upon logging into your Prosites4less.com member area.
Completion and submission of any Service activation form authorizes Prosites4less.com to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made on a periodic basis, coinciding with the subscription period for the selected Service. In order to avoid the full fee for any new subscription period, you must cancel the Service 10 days BEFORE the new period begins. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement. Without limiting any other remedies available to Prosites4less.com, YOU AGREE TO FULLY REIMBURSE PROSITES4LESS.COM FOR ANY COSTS AND EXPENSES THAT PROSITES4LESS.COM MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.
5. PRICING CHANGES AND OTHER MODIFICATIONS
Prosites4less.com may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on Prosites4less.com's Web site. New pricing terms will become effective beginning with the first full billing cycle after Prosites4less.com posts such changes to its Web site. Changes to terms not related to pricing will become effective fifteen (15) days after such notification. If you do not agree to any changes posted by Prosites4less.com in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
Additional modifications to these terms and conditions may be made in special circumstances, but only if approved in advance in a signed writing on Prosites4less.com's letterhead by an executive vice president or higher-level officer of Prosites4less.com. Product sales and support representatives are not authorized to waive or modify any provisions of this Membership Agreement. No failure by Prosites4less.com to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or Prosites4less.com's rights and remedies hereunder.
6. DURATION AND CANCELLATION OF SERVICES
Unless stated otherwise on Prosites4less.com's Web pages applicable to a given Service, each Service will be provided and billed on a monthly subscription basis, measured from the beginning of the calendar month immediately following activation of the given Service up until 5 days prior to expiration. Subscriptions will automatically renew with each month, as applicable, until cancelled in accordance with this section. At any time after activation of a Service, either you or Prosites4less.com may cancel that Service (or Prosites4less.com may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services) or calendar month (for free Services). Prosites4less.com also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" BELOW.
7. TERM AND TERMINATION OF AGREEMENT
The term of this Agreement will begin on the date that Prosites4less.com accepts your initial registration and will continue until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. Prosites4less.com also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below. Sections 10 through 15 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement.
8. REFUNDS
If you cancel any the Prosites4less.com paid or free Services within thirty (30) days of activation, your account will cancel at the end of that month. If Prosites4less.com terminates this Agreement, your account, or any Service prior to the end of any active subscription period, and if you have not breached any provision of this Agreement, then your account will close and you will NOT incur any future charges.
9. RENEWALS
All renewal fees will incur 5 days prior to expiration in order to ensure users program is not interrupted and no billing issues occur prior to expiration of account. If user decides not to continue the Prosites4less program and the user does not want the account to renew, there must be written notification (email will suffice, sent to billing@Prosites4less.com ) no later than 10 days prior to expiration of account activation or the account will automatically renew . Once the account has been renewed, any cancellation received after the renewal date and within the first 30 days of renewal will NOT be eligible for a refund of the renewal amount. Disabling the AUTOMATIC RENEWAL feature can be performed at anytime once logged into your member area. Please note that if written cancellation notice has not been received and the renewal feature has not been disabled from within your member account, no refund will be awarded.
Without limiting any of the restrictions above, you acknowledge and agree that NO REFUNDS OR PARTIAL REFUNDS WILL BE ISSUED: (a) FOR ANY SERVICE THAT YOU CANCEL AFTER RENEWAL HAS TAKEN PLACE.
10. USE OF TAGS
Some of the Services rely on the use of HTML tags or other code in your Web page or site. Subject to your compliance with all the terms of this Agreement, Prosites4less.com grants you permission to use the HTML tags or other code supplied to you by Prosites4less.com (the "Tags") solely for your use in receiving the Services for which you have paid. You agree to follow all instructions and restrictions provided to you by Prosites4less.com with respect to your use of the Tags. You agree that Prosites4less.com will not be responsible for any malfunctions, errors, data inaccuracies, or improper results attributable to your incorrect, unauthorized, or unsupported use of any Tags.
11. QUESTIONS
If you have any questions about this Agreement or Prosites4less.com's Services, please contact Prosites4less.com by email at Prosites4less.com.
A member may cancel their participation in Prosites4less.com services by notifying Prosites4less.com within 30 days of program purchase. A member will then be asked to submit a cancellation request in writing by sending an email to billing@Prosites4less.com
Members acknowledge and agree that their Web site information (name, URL, etc.) may be utilized by Prosites4less.com. Possible uses include (but are not limited to) lists of member sites, general promotional uses, etc.
Prosites4less.com retains ownership and all rights to, and Prosites4less.com name, logo, software, databases, reports, Web site, and information.
Members of this service must agree to the above general terms, as well as any additional terms and conditions governing the specific tools or products utilized by the member, in order to use the Prosites4less.com service.
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