Terms
of Service
PLEASE
READ THIS PURCHASER AGREEMENT (“AGREEMENT”) BEFORE USING THE SERVICES OFFERED
BY Community Marketing Partnership and its entities Easy360, American News
Network, Easy Reviews and ProCards (“COMPANY”). BY CLICKING ON OUR “ACCEPT”
BUTTON BELOW OR CONVEYING YOUR ACCEPTANCE BY PURCHASING, YOU AGREE TO BECOME
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. COMPANY’S ACCEPTANCE IS
EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS
ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE
TERMS. The Web pages available at www.cmpusa.org and all linked pages and
properties unless indicated otherwise (“Site” or “App”), are owned and operated
by Company, and are accessed by you (“Purchaser”) under the following terms and
conditions:
- ACCESS TO THE
SERVICES. Subject to the terms and conditions of this Agreement,
Company may offer to provide certain services that relate to facilitating
the purchase and sale of Internet advertisements by bringing together
Internet advertisers and publishers, as described more fully on the App
and/or Site, and which are selected by Purchaser through the process
provided on the App (“Services”). Company may change, suspend or
discontinue the Services (or Purchaser’s access thereto) at any time,
including the availability of any feature, advertisement, publisher or
content, without notice or liability. Company reserves the right, at its
discretion, to refuse to allow access to the Services to any applicant at
any time. Company also reserves the right, at its discretion, to modify
this Agreement at any time by posting a notice on the App and/or Site, or
by sending Purchaser a notice via email or postal mail. Use of the Services
by Purchaser following such notification constitutes Purchaser’s
acceptance of the modified terms and conditions. Purchaser certifies to
Company that if Purchaser is an individual (i.e., not a corporation) Purchaser
is at least 18 years of age. Purchaser also certifies that it is legally
permitted to use the Services and access the App, and takes full
responsibility for the selection and use of the Services. We reserve
the right to substitute services provided as a free gift or gift with
purchase with like valued products or services in the event that providing
the free gift is not possible or the free product or service has been
removed from our product offerings. This Agreement is void where
prohibited by law, and the right to access the App is revoked in such
jurisdictions.
- IMPLEMENTATION. Purchaser
agrees to comply with the technical specifications provided by Company to
enable proper display of the advertisements in connection with the
Services, including without limitation by not modifying the JavaScript or
other programming provided to Purchaser by Company in any way.
- COMMUNICATIONS SOLELY WITH
COMPANY. Purchaser agrees to direct to Company and not to any
advertiser or publisher, as the case may be, all communications regarding
any matter arising out of Purchasers use of the Services.
- CONTENT. The contents are
protected by U.S. and international copyright laws and are intended solely
for the use of Company Purchasers and may only be used in accordance with
the terms of this Agreement in connection with authorized use of the
Services. All materials displayed or performed on or accessible through
the App or Services (including, but not limited to text, graphics,
articles, photographs, images, illustrations, audio clips and video clips,
also known as the “Content”) are protected by copyright. The term
“Content” as used herein specifically includes any advertising or other
content made available or submitted by any advertiser and any website or
other content published by or associated with any publisher. Purchaser
shall abide by all copyright notices, information, and restrictions
contained in any Content accessed in connection with the Services. Purchaser
acknowledges and agrees that if Purchaser uses any of the Services to
contribute or make available Content, Company is hereby granted a
non-exclusive, worldwide, royalty-free, transferable right to fully
exploit such Content (including all related intellectual property rights)
and to allow others to do so in connection with the Services and the App.
- RESTRICTIONS. Purchaser
(whether a publisher, advertiser or otherwise) warrants, represents and
agrees that it will not contribute, submit or make available through the
App, Site, or Services, or use the App, Site, or Services in connection
with, any Content that is infringing, libelous, defamatory, obscene,
abusive, offensive or otherwise violates any law or right of any third
party. Violations of this agreement include, but are not limited to:
Promoting illicit or illegal activity, including content related to drugs,
pornography, prostitution, or gambling; releasing personally identifying
information about an individual; using racist, sexist, or other offensive
language; malicious activity, or any other inappropriate or unintended
use. If Purchaser is a publisher, Purchaser shall not, and shall not
authorize or encourage any third party to (i) generate fraudulent
impressions of or fraudulent clicks on any advertisement, including but
not limited to through repeated manual clicks, the use of robots or other
automated query tools and/or computer generated search requests, and/or
the fraudulent use of other search engine optimization services and/or
software; (ii) edit, modify, filter or change the order of the information
contained in any advertisement, or remove, obscure or minimize any
advertisement in any way; (iii) redirect an end user away from any Web
page accessed by an end user after clicking on any part of an
advertisement (“Advertiser Page”), provide a version of the Advertiser
Page different from the page an end user would access by going directly to
the Advertiser Page or intersperse any content between the advertisement
and the Advertiser Page; or (iv) display any advertisements on any error
page, registration or “thank you” page (e.g. a page that thanks a user
after he/she has registered with the applicable website). Company reserves
the right to remove any Content from the App at any time, or to terminate Purchaser’s
right to use the Services or access the App, for any reason (including,
but not limited to, upon receipt of claims or allegations from third
parties or authorities relating to such Content or if Company is concerned
that Purchaser may have breached the terms of this paragraph), or for no
reason at all, subject to the provisions of paragraph 14 (Termination). Purchaser
is responsible for all of its activity in connection with the Services.
Any fraudulent, abusive, or otherwise illegal activity is grounds for
termination of Purchaser’s right to use the Services or to access the App.
Use of the App, Site or Services to violate the security of any computer
network, crack passwords or security encryption codes, transfer or store
illegal material including materials that are deemed threatening or
obscene, or engage in any kind of illegal activity is expressly
prohibited. Purchaser will not run mailing-list, list serves, any form of
auto-responder, or spam” on the App, or any processes that run or are
activated while the Purchaser is not logged in.
- DISCLAIMERS. * Purchaser acknowledges
and agrees that Company has no special relationship with or fiduciary duty
to Purchaser and that Company has no control over, and no duty to take any
action regarding: which users gains access to the App or Services; what
Content Purchaser accesses or receives via the App or Services; what
Content other Purchasers may make available, publish or promote in
connection with the Services; what effects any Content may have on Purchaser
or its users or customers; how Purchaser or its users or customers may
interpret, view or use the Content; what actions Purchaser or its users or
customers may take as a result of having been exposed to the Content, or
whether Content is being displayed properly in connection with the
Services. * Further, (i) if Purchaser is a publisher, Purchaser
specifically acknowledges and agrees that Company has no control over (and
is merely a passive conduit with respect to) any Content that may be
submitted or published by any advertiser, and that Purchaser is solely
responsible (and assumes all liability and risk) for determining whether
or not such Content is appropriate or acceptable to Purchaser, and (ii) if
Purchaser is an advertiser, Purchaser specifically acknowledges and agrees
that Company has no control over any Content that may be available or
published on any publisher website (or otherwise), and that Purchaser is
solely responsible (and assumes all liability and risk) for determining
whether or not such Content is appropriate or acceptable to Purchaser. * Purchaser
releases Company from all liability in any way relating to Purchaser’s
acquisition (or failure to acquire), provision, use or other activity with
respect to Content in connection with the App or Services. The App and/or
Site may contain, or direct Purchaser to sites containing, information
that some people may find offensive or inappropriate. Company makes no
representations concerning any content contained in or accessed through
the App, Site or Services, and Company will not be responsible or liable
for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the App or Services. Company makes no
guarantee regarding the level of impressions of or clicks on any
advertisement, the timing of delivery of such impressions, actions and/or
clicks, or the amount of any payment to be made to Purchaser in connection
with the Services, if any. * THE SERVICES, CONTENT AND SITE ARE PROVIDED
ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING,
WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING CAMPAIGN OR PROMOTION,
AND PURCHASER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PURCHASER. * ELECTRONIC
COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO
GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR
INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE
LINKED TO THE SITE. Company will not be liable for the privacy of email
addresses, registration and identification information, disk space,
communications, confidential or trade-secret information, or any other
Content stored on Company’s equipment, transmitted over networks accessed
by the App, or otherwise connected with Purchaser’s use of the Services.
- COPYRIGHT DISPUTE AND PRIVACY
POLICIES. Please click here to review Company’s
Privacy Policy for information regarding Company’s policies and practices
regarding the use of Purchaser personal information.
- REGISTRATION AND SECURITY. As a
condition to using Services, Purchaser may be required to register with
Company and select a password and Purchaser name (“Company User ID”). Purchaser
shall provide Company with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of this Agreement,
which may result in immediate termination of Purchaser’s account. Purchaser
may not (i) select or use as a Company User ID a name of another person
with the intent to impersonate that person; (ii) use as a Company User ID
a name subject to any rights of a person other than Purchaser without
appropriate authorization; (iii) register for the Services using more than
one Company User ID. Company reserves the right to refuse registration of,
or cancel a Company User ID in its discretion. Purchaser shall be
responsible for maintaining the confidentiality of Purchaser’s Company
password. Please click here to review Company’s Security
Statement.
- INDEMNITY. Purchaser will
indemnify and hold Company, its parents, subsidiaries, affiliates,
officers and employees, harmless, including costs and attorneys’ fees,
from any claim or demand made by any third party due to or arising out of Purchaser’s
access to the App and/or Site, use of the Services, the violation of this
Agreement by Purchaser, or the infringement by Purchaser, or any third
party using the Purchaser’s account, of any intellectual property or other
right of any person or entity.
- LIMITATION OF LIABILITY. IN NO
EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I)
FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY PURCHASER
THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO PURCHASER.
- FEES AND PAYMENT. Some of the
Services require payment of fees. Purchaser shall pay all applicable fees,
as described in connection with such Services selected by Purchaser.
Company reserves the right to change its price list and to institute new
charges at any time, upon prior notice to Purchaser, which may be sent by
email or posted on the App. If Purchaser disputes any payment made in
connection with the Services, Purchaser must notify Company in writing
within thirty (30) days of any such payment. Failure to so notify Company
shall result in the waiver by Purchaser of any claims related to such
disputed payment. Payment shall be calculated solely based on records
maintained by Company. No other measurements or statistics of any kind
shall be accepted by Company or have any effect under this Agreement.
Company shall not be liable for any payment based on (i) any fraudulent
impressions generated by any person, robot, automated program or similar
device or for fraudulent impressions similarly generated on any advertisements,
as reasonably determined by Company; (ii) advertisements delivered to end
users whose browsers have JavaScript disabled; or (iii) impressions
commingled with a significant number of fraudulent impressions or
fraudulent clicks described in (i) above, or as a result of another breach
of this Agreement by Purchaser for any applicable pay period. Company
reserves the right to withhold payment or charge back Purchaser’s account
due to any of the foregoing or any breach of this Agreement by Purchaser. In
addition, if Purchaser is past due on any payment to Company in connection
with the Services, Company reserves the right to withhold payment until
all outstanding payments have been made. To ensure proper payment, Purchaser
is solely responsible for providing and maintaining accurate contact and
payment information associated with Purchaser’s account and Company User
ID. For U.S. taxpayers, this information includes without limitation a
valid U.S. tax identification number and a fully-completed Form W-9. For
non-U.S. taxpayers, this information includes without limitation either a
signed certification that the taxpayer does not have U.S. activities or a
fully-completed Form W-8 or other form, which may require a valid U.S. tax
identification number, as required by the U.S. tax authorities. Any bank
fees related to returned or cancelled checks due to a contact or payment
information error or omission may be deducted from the newly issued
payment. Purchaser agrees to pay all applicable taxes or charges imposed
by any government entity in connection with Purchaser’s use of the
Services. Note, Easy360 may debit any account to set off a negative
balance in another account, or to pay any amounts that are past due for a
period of 180 Days. *REFUNDS: All Advertising Campaigns and/or Promotions
created within the App and/or Site are non-refundable, even if Purchaser
stops and/or cancels the Promotion voluntarily. For Promotions that are
set to recur daily, Purchaser will be billed for the remaining period in the
billing cycle (up to seven days). Company reserves the right to stop
and/or cancel a Purchaser’s Promotion without notice and without refund.
- CONFIDENTIALITY. Purchaser
agrees not to disclose Company Confidential Information without Company’s
prior written consent. “Company Confidential Information” includes without
limitation: (i) all Company software, technology, programming, technical
specifications, materials, guidelines and documentation Purchaser learns,
develops or obtains that relate to the Services or the App; (ii)
click-through rates or other statistics relating to App performance in the
Services provided to Purchaser by Company; and (iii) any other information
designated in writing by Company as “confidential” or any designation to
the same effect. “Company Confidential Information” does not include
information that has become publicly known through no breach by Purchaser
or Company, or information that has been (a) independently developed
without access to Company Confidential Information as evidenced in
writing; (b)rightfully received by Purchaser from a third party; or (c)
required to be disclosed by law or by a governmental authority.
- INFORMATION
RIGHTS. Company may retain and use for its own purposes all
information Purchaser provides, including but not limited to App
demographics and contact and billing information. Purchaser agrees that
Company may transfer and disclose to third parties personally identifiable
information about Purchaser for the purpose of approving and enabling Purchaser’s
participation in the Services, including to third parties that reside in
jurisdictions with less restrictive data laws than Purchaser’s own
jurisdiction. Company disclaims all responsibility, and will not be liable
to Purchaser, however, for any disclosure of that information by any such
third party. Company may share aggregate (i.e., not personally
identifiable) information about Purchaser with sponsors, and other third
parties. Additionally, Purchaser grants to Company a non-exclusive license
to republish in any medium advertisements, web pages, banners, interstitials
or other content for purposes of marketing Company products and Services.
- TERMINATION. Company may
terminate or suspend any and all services and access immediately, without
prior notice or liability, if Purchaser breaches any of the terms or conditions
of this Agreement. Any fees paid hereunder are non-refundable. Upon
termination of the Purchaser’s account, Purchaser’s right to use the
Services will immediately cease. All provisions of this Agreement which by
their nature should survive termination shall survive termination,
including, without limitation, warranty disclaimers, and limitations of
liability.
- REPRESENTATIONS AND WARRANTIES.
Purchaser represents and warrants that (i) Purchaser is the owner of each
website used with this service Purchaser designates in connection with the
use of Services or that Purchaser is legally authorized to act on behalf
of the owner of such website for the purposes of this Agreement, and (ii) Purchaser
has all necessary right, power and authority to enter into this Agreement
and to perform the acts required of Purchaser hereunder. Purchaser further
represents and warrants that each of Purchaser’s websites, Promotions and
any material displayed therein: (a) comply with all applicable laws,
statutes, ordinances and regulations; (b) do not breach and have not
breached any duty toward or rights of any person or entity including,
without limitation, rights of intellectual property, publicity or privacy,
or rights or duties under consumer protection, product liability, tort, or
contract theories; and (c) are not hate-related in content.
- MISCELLANEOUS. The failure of
either party to exercise in any respect any right provided for herein
shall not be deemed a waiver of any further rights hereunder. Company
shall not be liable for any failure to perform its obligations hereunder
where such failure results from any cause beyond Company’s reasonable
control. If any provision of this Agreement is found to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable. This Agreement is not assignable,
transferable or sub licensable by Purchaser except with Company’s prior
written consent. This Agreement shall be governed by and construed in
accordance with the laws of the state of Arizona without regard to the
conflict of laws provisions thereof. Both parties agree that this
Agreement is the complete and exclusive statement of the mutual understanding
of the parties and supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the
subject matter of this Agreement, and that all modifications must be in a
writing signed by both parties, except as otherwise provided herein. No
agency, partnership, joint venture, or employment is created as a result
of this Agreement and Purchaser does not have any authority of any kind to
bind Company in any respect whatsoever. Policy regarding compliance
departments in larger organizations; No charge if Ad doesn’t run due to
compliance department rejecting ad placement. We must be emailed rejection
reason from the compliance department directly, not the
client because often there can be a simple misunderstanding.
- DEFAULT. We may declare you in
default under this Agreement for any of the following reasons: (1) you
fail to pay any Installment by the due date, and after any applicable
grace period; (2) you violate any promise you make to us in this Agreement
which significantly impairs your ability to pay or our ability to collect
the amounts due under this Agreement; (3) you file for protection under
the United States Bankruptcy Code, or become subject to a proceeding which
seeks relief from debt; (4) you have made a false or misleading statement
about an important matter in connection with this Agreement; (5) you
revoke your consent to electronic communications; or (6) you die or become
legally incompetent.
Consequences of Default. If you are in default
of this Agreement, we can require you to pay the remaining amount you owe us
under this Agreement at once, subject to any right you may have to notice of
default and to cure such default. We may seek payment of this amount by
charging your credit or debit card pursuant to any pre-authorization you
provided us under this Agreement. If we refer this Agreement to an attorney who
is not our salaried employee for collection, we may require you to pay our
reasonable attorneys’ fees and expenses, to the extent permitted by applicable
law.
Assignment. You are hereby notified that, in
connection with the services provided by us we may transfer, sell or assign the
Installments, and any associated rights, to us or one of its affiliates without
your consent. If we do so, this Agreement will remain in effect and will be
binding on and will inure to the benefit of our assign(s). You may not
transfer your rights under this Agreement and any attempt to do so will be
void.
Governing law; Severability. This Agreement
(and our dealing prior to this agreement being made) shall be governed by
federal law, and to the extent not pre-empted, the laws of the state in which
you purchased the goods and services. If any provision of this Agreement or
portion thereof is held to be unenforceable, this determination will not affect
the remainder of this Agreement.
- LIMITATION OF LIABLITY. You
agree that we and our respective service providers, agents, officers,
directors, and employees (and the same of our subsidiaries and affiliates
and our subsidiaries and affiliates themselves) (collectively, the
“Indemnified Parties”) will not be liable for anything we do when
following your instructions. In addition, the Indemnified Parties will not
be liable if any such Indemnified Party doesn’t follow your instructions
if we reasonably believe that your instructions would expose us to
potential loss or civil or criminal liability, or conflict with customary
banking practices. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF
ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN
UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR
ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF
THE ITEM. The foregoing limitation of liability will not apply where
expressly prohibited by the laws governing your Account. This Limitation
of Liability section will survive termination of this Agreement.
- ARBITRATION AGREEMENT. We are
always interested in resolving disputes, claims, or controversies
(“Claim”) amicably and efficiently, and most customer concerns can be
resolved quickly and to the customer’s satisfaction by contacting us by
email at [email protected] or by mail at Community Marketing
Partnership, 7400 N Oracle Rd. Suite 310, Tucson, AZ 85704. If such
efforts prove unsuccessful, you and we agree that all disputes shall be
resolved by binding arbitration on an individual basis. A party who
intends to seek arbitration must first send to the other, by certified
mail, a written Notice of Dispute (“Notice”). The Notice must (a) describe
the nature and basis of the Claim and (b) set forth the specific relief
sought. If you do not resolve the Claim with us or the Indemnified Party
within 60 calendar days after the Notice is received, you, we or the
Indemnified Party, as applicable, may commence an arbitration proceeding,
as set forth in this section. Arbitration will be conducted by a neutral
arbitrator in accordance with the AAA rules and procedures, including the
AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as
modified by this Arbitration Agreement. The arbitrator must also follow
the provisions of this Agreement as a court would. IF ANY PARTY COMMENCES
ARBITRATION WITH RESPECT TO A CLAIM, NEITHER YOU, WE, OR THE INDEMNIFIED
PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY
TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS
PROVIDED FOR IN THE APPLICABLE AAA RULES. FURTHER, YOU WILL NOT HAVE THE
RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF
CLAIMANTS PERTAINING TO THAT CLAIM, AND YOU WILL HAVE ONLY THOSE RIGHTS
THAT ARE AVAILABLE IN AN INDIVIDUAL ARBITRATION. THE ARBITRATOR’S DECISION
SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT AS PROVIDED IN THE
FEDERAL ARBITRATION ACT (the “FAA”). Notwithstanding the foregoing, you
and we retain the right to pursue in small claims court (or an equivalent
state court) any dispute that is within that court’s jurisdiction, so long
as the disputes remain in such court and advance only an individual claim
for relief. If either you or we fail to submit to binding arbitration of
an arbitral dispute following lawful demand, the party so failing shall
bear all costs and expenses incurred by the other in compelling
arbitration.
THIS ARBITRATION AGREEMENT DOES NOT APPLY TO
YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE
FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER
YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION
PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT 1 800-863-2541.
Prohibition of Class and Representative
Actions and Non-Individualized Relief. YOU AGREE THAT YOU MAY BRING CLAIMS
AGAINST US OR INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING. UNLESS BOTH YOU AND THE INDEMNIFIED PARTY AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS
AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE,
OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED
BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND
THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE
EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
MILITARY LENDING ACT NOTICE: Federal law
provides important protections to members of the Armed Forces and their
dependents relating to extensions of consumer credit. In general, the cost of
consumer credit to a member of the Armed Forces and his or her dependent may
not exceed an annual percentage rate of 36 percent. This rate must include, as
applicable to the credit transaction or account: the costs associated with
credit insurance premiums; fees for ancillary products sold in connection with
the credit transaction; any applicable fee charged (other than certain
application fees for specified credit transactions or accounts); and any
participation fee charged (other than certain participation fees for a credit
card account). To receive this information and a description of your payment
obligation orally, please call 1 800-863-2541.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT
CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT
AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE
PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID
BY THE DEBTOR HEREUNDER.
- ENTIRE AGREEMENT. Oral
agreements or oral commitments to loan money, extend credit, or to forbear
from enforcing repayment of a debt may not be enforceable under applicable
law. To protect you (as the buyer) and us (as the seller) from
misunderstanding or disappointment, you and we acknowledge and agree that
this written Agreement is a final expression of the agreement between you
and us, and this Agreement may not be contradicted by evidence of prior,
contemporaneous, or subsequent oral agreements of the parties. The terms
of this Agreement may not be changed except in a writing signed by you and
us. No change shall release any party from liability unless otherwise
expressly stated in writing.
- GUARANTEE. For 3, 6 and 12
month campaigns: If you are not 100% satisfied at the end of your
campaign, your account will be credited for the full purchase price. You
can use this credit for any Community Marketing Partnership product.
If you received a discounted rate based on a specific campaign length
commitment, your refund will be based on the discount available for your
campaign length prior to cancellation. There is no performance or
satisfaction guarantee for month to month campaigns.
- BILLING POLICY. Month to Month,
Quarterly, Semi-Annual or Annual billing is a commitment allowing you to
pay discounted and non-refundable payments. Campaigns will auto-renew
until you ask us to stop. In order to make sure we can stop your
campaign in time, we require written notice at least 10 days prior to your
next billing date.
- CANCELLATION. Our services
are sold as single purchase items or month to month, 3-, 6- and 12-month
marketing campaigns. We can pause your campaign at any time, however if
you are making payments, those payments will be continued. Any
services provided as a free gift or promotion will be immediately
stopped when a cancellation request is received, regardless of the
status of the free service or promotion.
To ensure we can end your campaign on time, a
written notice of cancellation is required at least 10 days prior to your next
billing date. Upon us receiving your request to cancel, an Account Adjustment
Form will be generated and sent to your email address on file. If your request
for cancellation is before your campaign scheduled campaign end date, you will
be charged a one-time fee that is equal to your current monthly payment. Once
the Account Adjustment Form is complete and returned to us, we’ll apply the
fee, cancel your account and stop all services immediately.
NOTE: This does not apply if you’ve paid for the entire campaign
in advance. For all annual pre-paid campaigns, we’ll refund any unused services
up to one-half of your original campaign commitment. For all quarterly and
semi-annual pre-paid campaigns, the standard cancellation policy applies.
- RENEWAL POLICY. Some Easy360
services are purchased as subscriptions that are billed monthly,
quarterly, semi-annual or annual basis (depending on your selected billing
preference) and renew automatically. We will process the form of payment
on the account on each renewal term on the calendar day corresponding to
the first day you subscribed to a paid subscription. To avoid having your
account automatically renewed go to https://www.easy360.org/contact/ and
complete the form at least 10 days before your renewal date. If we are not
notified, your services will continue until the next billing schedule.
When quarterly, semi-annual and annual subscriptions renew, instead of a
single payment, we will charge your card monthly in 12 equal payments.