NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
The following software and subscription services are being provided to you by PadHawk Inc. and EquiMine Inc. (together, "The Companies"). As such, by agreeing to access such software and services, the end user ("Client") hereby agrees to abide by the terms and conditions outlined below vis a vis Client and The Companies in addition to any terms and conditions agreed to by and between The Companies and Client pursuant to a previously entered into Student Purchase Agreement ("Agreement").
Client understands that Client will be billed a monthly subscription fee as outlined in the signup process along with any upgrades, enhancements, or fee based services that Client may agree to within the Service or from the order page on The Companies' website, or that of its affiliates, until Client cancels Client's subscription. Client may cancel at any time by contacting customer support at 866-337-2923.
In the event that Client's designated primary payment method declines for any subscription fee or additional charge that Client incurs, Client authorizes The Companies to bill any and all additional credit cards or payment methods on file from Client with The Companies to satisfy Client's outstanding balance(s).
Client represents, warrants, affirms and agrees that the data, information and services provided by The Companies to Client will only be used by Client and that Client will not permit or allow the data, information and services to be used by any agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity unless Client has the appropriate subscription allowing such expanded use. Client consents that Client’s search volume, and that of any Team Member(s) on Client’s account, is monitored to avoid abuse, data duplication, “data mining”, and excessive or otherwise non-customary search and usage patterns. Any such actions will be determined by The Companies in its sole discretion and will result in an immediate termination of Client’s account. Client further represents, warrants, affirms and agrees that Client will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by The Companies to Client in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:
1. Use other than Client's own personal use, i.e. no commercial purpose or use, or use of Client's account by others is permitted;
2. Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
3. Marketing or telemarketing uses;
4. World Wide Web, Internet or online uses;
5. Real estate valuation models, programs or systems;
6. Inclusion or in combination with any other service or product of any kind;
7. Extracting, selecting or drawing out any data element for any use;
8. Real estate appraisal;
9. Credit evaluation and/or supporting;
10. Evaluating risk, marketing sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
11. Debt collection; and
12. Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history unless Client has the appropriate subscription allowing such expanded use.
Acceptable Use Policy
By using the services, you agree that:
1. You will only use the services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
2. You will not use the services to cause nuisance, annoyance or inconvenience.
3. You will not use the services, or any content accessible through the services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any individuals.
4. You will not violate the publicity or privacy rights of another individual.
5. You will not copy or distribute any content displayed through the services.
6. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the services except for your personal, noncommercial use.
7. The information you provide to us or otherwise communicate with us is accurate.
8. You will not use the services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.
9. You will not attempt to gain unauthorized access to any part of the services and/or to any service, account, resource, computer system and/or network connected to any of our servers.
10. You will not deep-link to the services or access the services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content on the Services.
11. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
12. You will not impersonate another person, act as another entity without authorization, or create multiple accounts.
13. You will not violate any state or federal law designed to regulate electronic advertising;
14. You will not upload pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion.
Privacy and Security
By signing up for a paid subscription, you represent and warrant that, as required by applicable law:
1. You adequately disclose any collection and use of personal information received from us;
2. You agree to abide by all applicable email marketing, privacy, and data protection laws when communicating with any individuals whose personal information you received from us;
3. You will protect your user credentials and notify us of any unauthorized use of your user credentials; and,
4. You agree to notify us of any complaints or privacy requests regarding our Services from individuals whose personal information you received from us.
Terms of Subscription
The term of Client's subscription is one month, but automatically renews month-to-month unless terminated by Client or The Companies.
The Companies reserves the right to cancel subscription services and this license to Client at any time for any, or no reason whatsoever, without recourse to Client beyond a pro-rata refund of the monthly subscription/license fee paid by Client for the remaining days of the then current month of prepaid fees.
The Client may cancel the Client's subscriptions at any time. All fees due to The Companies up to the end of the then-current monthly billing cycle at time of termination shall remain payable to The Companies.
The Client may terminate contract any one of three ways:
1. By e-mailing a cancellation request to firstname.lastname@example.org prior to the next billing cycle date and providing Client's account number.
2. By contacting Customer Support at (877)-204-9040 prior to next billing cycle date.
3. By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to: The Companies ATTN: Cancellations 26457 Rancho Parkway South, Lake Forest, CA 92630
Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Client's subscription.
Client affirms that all of the information Client provides to The Companies, whether online or otherwise, is accurate and complete. Client also agrees to update The Companies with current and accurate information, if at any time the information Client provided to The Companies changes, The Companies reserves its right to terminate or suspend access to The Companies services to any Client whose information The Companies believes, at The Companies' sole discretion, to be inaccurate or misleading.
The Companies may from time to time offer eligible Clients promotional opportunities. Not all Clients may be eligible to receive all promotional opportunities.
OTHER SERVICE PROVIDERS- NON-LIABILITY OF THE COMPANIES
From time to time The Companies may include on its websites, software, or service, third-party service providers not associated with The Companies, such as Skip Tracing Services, Ringless Voice Mails, E-Mail Services, and Direct Mail Services. The Companies lists these services solely as an accommodation to its clients. The Companies is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these third party service providers. It is the Client's responsibility, and The Companies encourages this for all clients, to independently investigate the qualifications of each service provider and to carefully review each service provider's service offerings prior to entering into any engagement or transaction. Such services are offered on an "AS-IS" basis and are subject to the limitations and disclaimers of the third party providers, which are available from the providers upon request. The Companies cannot and does not guarantee the outcome of the use of any such third party services.
The Companies is not responsible or liable for any acts or omissions created or performed by these other Service Providers. The Companies' websites, software, or service, may contain links to websites maintained by third-party Service Providers. Such links are provided for Client convenience and reference only.
The Companies does not operate or control, in any respect, any information, software, products or services available on such websites. The Companies 's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.
Third-Party Content and Screening
Modification of The Companies Services
The Companies reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information with or without notice to any Client. The Companies is not liable to any Client in the event that The Companies exercises its right to modify or discontinue any service.
PAYMENT OF CHARGES
A. The Companies currently charges a monthly subscription fee. The monthly subscription fee is calculated from the day of the month that the Client's paid Subscription commences. The Client authorizes The Companies to, and the Client agrees that The Companies may, charge to the Client's credit card, debit card or bank account, in advance, the Client's regular monthly Subscription fee for each month of the Client's regular monthly Subscription on a recurring basis. The Client authorizes The Companies to, and the Client agrees that The Companies may, modify and/or change the monthly Subscription fee charged to the Client upon thirty (30) days' notice to the Client sent by e-mail to Client's email of record on file with The Companies. The monthly Subscription fee is non-refundable and accrues until canceled whether or not the Client accesses the databases.
B. On Time Payment
The Client is required to pay all charges on time and agrees to submit an accompanying payment authorization in connection with these charges when requested by The Companies. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. The Companies may terminate or disable the Client's participation in The Companies services if the Client fails to pay fully and in a timely manner any and all amounts due to The Companies. If the Client's credit card expires or is otherwise declined for payment, access to The Companies services and websites can be modified or suspended without notice to the Client. The Companies may, if necessary, extend the expiration of your credit card in order to assure continued service. If any Client payment is more than thirty (30) calendar days past due, a monthly late fee in the amount of 1.5% of the past due amount or the maximum allowable by law, whichever is less, shall accrue per month, and the entire amount of unpaid charges and/or any other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Client shall pay all costs of collection, including legal fees, incurred by The Companies. The Client is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost. All fees are quoted and payable in United States Dollars. The Client is also responsible for paying all applicable taxes for information, content, goods, products or services and any other costs incurred in connection with the use of or access to The Companies and The Companies' services.
C. Payment Methods
The Client's complete billing address and telephone number must be provided to process payments. The Companies accepts major credit cards including Visa, MasterCard, Discover, and American Express and may accept bank drafts, including personal checks, money orders, cashier's checks, and company checks sent by mail. The Companies may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
D. Account Discrepancies
A Client may contact The Companies Customer Service by e-mail at email@example.com or telephone at 866-337-2923 concerning charges or other questions regarding the status of the Client's Account. However, if the Client's account questions are not satisfactorily resolved within fifteen (15) business days of Client's calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, the Client must write to the Customer Service Department, The Companies, 26457 Rancho Parkway South Lake Forest, CA 92630, delivered by United States mail or by fax to 866-203-5201. Otherwise, any and all such Client complaints are irrevocably waived.
DISCLAIMERS AND LIMITATIONS
The Companies attempts to ensure that the information contained in its service is accurate and reliable; however, errors sometimes occur. The Companies does not guarantee the accuracy of the information contained in this service and instructs you to independently verify the accuracy of the information provided. In addition, The Companies may make changes and improvements to the information provided herein at any time. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." THE COMPANIES, ITS SUPPLIERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND/OR SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE CLIENT'S USE OF THE COMPANIES 'S SERVICE, THE CLIENT AGREES AND ACKNOWLEDGES THAT THE CLIENT'S USE OF ALL THE COMPANIES INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH THE COMPANIES AND/OR ITS WEBSITES IS AT THE CLIENT'S OWN RISK. THE COMPANIES AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE COMPANIES'S SERVICE OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE CLIENT KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CLIENT, IF THE CLIENT RESIDES IN SUCH A JURISDICTION.
Choice of Law:
2. Reservation of Rights. The Companies, Inc, Inc. reserves all rights not expressly granted to you in this license agreement.
3. This agreement shall be deemed as being jointly drafted and not construed in favor of or against any party.
4. Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
5. Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.