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1.
Introduction.
In this Service Agreement ("Agreement"),"Customer,"
User, "you" and "your" refer to each customer or
user and
Web Marketing Tornado, "we," "us" and
"our" refer to
Web Marketing Tornado.
This Agreement explains our obligations to you, and
your obligations to us, in relation to your use of
our services.
By selecting
Web Marketing Tornado
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.
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado
at all times. All fees are due immediately upon
registration and are non-refundable.
Web Marketing Tornado
may take all remedies available to collect fees owed
and may recover from you all costs and expenses
(including reasonable attorney fees) incurred by
Web Marketing Tornado
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
Web Marketing Tornado
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
monthÕs 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
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado
or any partner of
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado
to non-Members of
Web Marketing Tornado.
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,
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado,
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
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado
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
Web Marketing Tornado,
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.
Web Marketing Tornado
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
Web Marketing Tornado
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 Houston, TX.
20. Agreement to be Bound.
By applying for the service(s) of
Web Marketing Tornado
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
Web Marketing Tornado.
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