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Terms Of Use & Purchase Agreement Every effort has been taken to design our web site to be useful, informative, helpful, honest and enjoyable. In the event that we've missed something, or if you would like to see changes that would make it even easier for you to find the information you need or want, please feel free to contact us. We ask that you abide by the following Terms and Conditions while on our web site. We highly recommend that you take a few minutes of your time to read them because, by using our site, you automatically agree to them. If you do not agree with our terms, or need clarification, please do not use the web site. We reserve the right to make modifications to this policy, or any portion of the website that we deem necessary, at any time. We suggest you continue to check these terms to see what those change have been made, if any. Your continued use of this web site, owned by High Card Marketing, LLC, means that you accept those changes. Restrictions on Use of Our Online Materials All Online Materials on the High Card Marketing, LLC web site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, code, and music are copyrighted intellectual property. All usage rights are owned and controlled by High Card Marketing, LLC. You, the visitor, may download Online Materials for non-commercial, personal use only provided you retain all copyright, trademark and propriety notices in tact, make no modifications to the materials in any way, you do not use the materials in a manner that suggests an association or partnership with any of our products or services, and you do not download quantities of materials to a database, server, or personal computer for reuse for any commercial purpose including those not directly stated in this policy. You may not copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you obtain permission in writing from High Card Marketing, LLC prior to use. Any attempts to modify or misrepresent any Online Material, or to defeat or circumvent or attempt to defeat or circumvent our security features is strictly prohibited. All Online Materials you download or access, including software, files, images, audio, and video incorporated in or generated by the software, and all data and/or files accompanying it, is considered licensed to you by High Card Marketing, LLC or third-party licensors for your personal, non-commercial use only. We own and retain full and complete title to the software and to all of the associated intellectual-property rights. You are not allowed to sell, give away, or in any way distribute any Online Materials found on this web site or convert the Online Materials into any other format that you sell, give away, or otherwise redistribute.. Submitting Your Online Material to Us All information, whether text, voice, image, code, or any other format that you send to High Card Marketing, LLC through our site or via email becomes property of High Card Marketing, LLC. Any information submitted to us is not, and will not be considered confidential. If we use any information you submit you are giving us right to use, modify, transmit, and distribute the information in any means that we deem fit. In the event that information submitted is used in a product or service that is sold or bartered by High Card Marketing, LLC, we do not have to pay you or anyone else for their use and we can not be sued for their use. We will have the exclusive ownership of all present and future rights to submissions of any kind. You agree and acknowledge that you are responsible for any information, claims, or other submission you make to High Card Marketing, LLC. This means that you have full responsibility for the information including its legality, reliability, appropriateness, originality, and copyright. Prohibited Use High Card Marketing, LLC. will not allow content that may be considered offensive, nor will it accept illegal content to shared through any of the services available on this, or any other website run and/or maintained by High Card Marketing, LLC. Member will agree that use any of the tools or services provided by this website may not be used to to promote, endorse, solicit, or track any business or entity related to adult products, adult entertainment, pornography, hate groups, terrorism, hacking tools, warez, cracks, pirated software, illegally copyrighted material, mod chips, essays, or password stealing mechanisms in any way. Member further agrees that High Card Marketing, LLC. has the right, at its sole discression to immediately terminate any account found to be in violation of this prohibited use statement. Limitation of Liability HIGH CARD MARKETING, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY THIS, OR ANY SITE OWNED HIGH CARD MARKETING, LLC. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE INTERRUPTION OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE DELAY IN OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE FAILURE PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.") WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE. Links to Other Web Sites We often provide links to other World Wide Web sites. Links should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a High Card Marketing, LLC operated site or have moved to another site. High Card Marketing, LLC is not responsible for the content or practices of third party sites that may be linked to our site regardless of how you got to those sites. High Card Marketing, LLC provides links or references to other Web sites although we may not own the other sites. No assumption should be made that High Card Marketing, LLC is associated with, operates or controls these Web sites. In the event that this site offers a "Message Board", "Forum", High Card Marketing, LLC will not be held liable for links posted to other sites by the users of the board. Termination of This Agreement This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all High Card Marketing, LLC Web site, along with all related documentation and all copies and installations. High Card Marketing, LLC may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. High Card Marketing, LLC is entitled to terminate all or any part of any of its Web site without notice to you. High Card Marketing, LLC does not guarantee that any Online materials will remain online for any specific length of time and High Card Marketing, LLC may remove content at any time it deems fit. In the event of Termination by High Card Marketing, LLC you agree to destroy all materials obtained through web site immediately. Purchase Agreement, Refunds and Return Policy There is a no questions asked 30 day (from the date and time of purchase) refund period on the MemberSpring product. Please contact us via our support email, support phone number, or open a ticket at our support website to request a refund within 30 days of your purchase date and time.
Support Email Address: help@memberspring.com By requesting a refund, you understand and agree to voluntarily give up all rights, and all access to the product, or products purchased. The optional $29.95/month MemberSpring Hosting and Software Service and the $97/month MemberSpring Monthly Content Program are non-refundable. These programs can be canceled at any time by submitting a support ticket via the support desk at http://www.memberspring.com/support, or by you, the client, through your CustomerHub client area. Both programs are completely optional to sign up and are not required in the purchasing process. Jurisdiction Use of our web site from locations outside of the United States may be a violation of local law. You are responsible for compliance with any applicable local laws and will not hold High Card Marketing, LLC liable for any potential damages. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Florida, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate High Card Marketing, LLC and/or its affiliates' intellectual property rights, High Card Marketing, LLC and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of High Card Marketing, LLC, and you consent to exclusive jurisdiction and venue in such courts. Dispute Resolution In the event a dispute arises under this or any other agreement on this web site, we agree to attempt resolution through a mediator chosen by High Card Marketing, LLC in the following location: Orlando, Florida. Any costs and fees other than attorney fees associated with the mediation will be shared equally among the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Orlando, Florida, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. High Card Marketing, LLC may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. Last Updated: July 1, 2010 |