This Agreement Is Between ««Your Name Goes Here»», and Organization Name And All Of It’s affiliates, Partners and Associated Companies (hereinafter "Organization").  

If you do not agree with the said terms and conditions of this Agreement, please do NOT proceed further. In such case, this Agreement becomes void and of no effect.  

1. Grant. Organization Name, subject to the terms and conditions of this Agreement, hereby grants you a nonexclusive, nontransferable right and license during the term of this Agreement to use software and services as provided by Organization Name for as long as you abide by the provisions stipulated herein. The term of License and Service is based on the membership fees agreed upon and paid, between you and Organization Name.  

The software and services may include functionality that will render it inoperable upon expiration or non-payment of membership fees or recurring charges. <<Your Name Goes Here>> further understands that in the event of expiration or non-payment, any and all software, services, websites, member's access to forums, direct access to arbitrage networks, search engine and non-search engine service, etc., reverts back to Organization Name and that Organization Name may assign same to any new Organization Name member that it chooses, without the consent or approval of <<Your Name Goes Here>>.

2. Copyright. The software specified in this Agreement is and will be the sole property of Organization Name. It is subject to copyright and as such is protected to the fullest extent allowable by law.  

3. Use Limitations. You may not use the software or service in any way which threatens or violates Organization Name's copyright. That includes making copies (with the exception of backup copies), reproducing, modifying, decompiling, reverse engineering, disassembling or making derivative products of the software or decoding it in any other way.

All rights not expressly granted are reserved. Any copy of the software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the software.  

4. Transferability. This license is granted to you only and as such does not permit you to sell, lend, assign, lease or transfer in any other way any copy of the software. Any transfer in violation of this provision is not permitted and may cause your service to be terminated with no refund of the fees paid.  

5. Multiple License Installation. Each installation of the software may be installed on only one computer. If you have a need for additional copies, you agree to request such additional copies directly from Organization Name, and Organization Name will determine whether and to what extent additional copies may be provided.

6. Limited Warranty. Organization Name guarantees that the software and services will correspond in general terms to the description given. Organization Name does not warrant that the software will operate without interruptions, detect all viruses or be bug-free. The warranty stated above is the only warranty given and replaces all other warranties, regardless of whether express or implied, including implied warranties of commercial aptitude and fitness for a specific purpose.

7. Limitation of Liability. Organization Name is not liable to <<Your Name Goes Here>> for any damages, including compensatory, special, incidental, exemplary, punitive, or consequential damages, connected with or resulting from this Agreement or <<Your Name Goes Here>>'s use of Organization Name Software or Services.

8. Indemnity. <<Your Name Goes Here>> agrees to defend and indemnify Organization Name and hold Organization Name harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from any losses resulting from <<Your Name Goes Here>>'s business operations in connection with Organization Name Software and Services.

9. Confidentiality. <<Your Name Goes Here>> acknowledges [he or she] will have access to and become acquainted with various trade secrets, information, contacts, services, inventions, innovations, processes, records and specifications used, owned or licensed by Organization Name and/or used by Organization Name in connection with the operation of its business including, without limitation, Organization Name’s business and product processes, methods, customer lists, accounts and procedures.

<<Your Name Goes Here>> agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of business with Organization Name. All files, records, documents, information, letters, notes, media lists, original artwork/creative, and similar items relating to the business of Organization Name, whether prepared by <<Your Name Goes Here>> or otherwise coming into [his or her] possession, shall remain the exclusive property of Organization Name.

<<Your Name Goes Here>> shall not retain any copies of the foregoing without Organization Name's prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by Organization Name, <<Your Name Goes Here>>  shall immediately deliver to Organization Name all such files, records, documents, information, and other items in your possession or under your control.  

10. Credit Card Charges And Credit Card Fraud Penalties. <<Your Name Goes Here>> warrants that [he or she] is over 18 years of age, and competent to enter into contractual agreements in the state in which [he or she] resides, and is the true and authorized owner, or authorized by the owner of the credit card used to enter into this Agreement with Organization Name. <<Your Name Goes Here>>agrees that a violation of these requirements may subject [him or her] to civil or criminal prosecution. <<Your Name Goes Here>> acknowledges that all information collected by Organization Name may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.

<<Your Name Goes Here>> agrees that the use of deception or misrepresentation to receive products or services, or if [he or she] causes a fraudulent dispute claim that results in a chargeback against Organization Name OR IT'S PARTNERS' account, that Organization Name OR IT'S PARTNERS are authorized to re-charge <<Your Name Goes Here>>'s credit card that was used for the original dollar amount to the extent that will make Organization Name OR IT'S PARTNERS whole.

 

<<Your Name Goes Here>> UNDERSTANDS AND AGREES THAT AFTER ORGANIZATION NAME ACCOUNT SETUP AND ACTIVATION, [HE or SHE] IS ONLY ENTITLED TO A REFUND IN THE EVENT [HE or SHE] DOES NOT RECEIVE THE PRODUCT OR SERVICES THAT ARE REPRESENTED OR AS MUTUALLY AGREED UPON. <<Your Name Goes Here>> FURTHER AGREES THAT [HE or SHE] MAY CANCEL [HIS or HER] MEMBERSHIP AT ANY TIME. HOWEVER ALL PRIOR MEMBERSHIP FEES HAVE BEEN EARNED BY ORGANIZATION NAME AND NO REFUND OF THESE FEES ARE GIVEN.

 

YOU FURTHER ACKNOWLEDGE AND AFFIRM THAT YOU ARE ACQUIRING ORGANIZATION NAME SOFTWARE OR SERVICES FOR A LEGITIMATE BUSINESS PURPOSE, AND THAT YOU ARE NOT AN EMPLOYEE, AGENT OR ASSIGN OF, OR FOR ANY SEARCH ENGINE(S), COMPETING SOFTWARE OR SERVICE PROVIDER OR PROGRAMMER. YOU UNDERSTAND, AFFIRM AND AGREE THAT ENTERING INTO THIS AGREEMENT IN SUCH A CASE IS BY FALSE PRETENSES AND THAT YOU IRREVOCABLY AGREE TO MINIMUM DAMAGES OF $50.000.00 (FIFTY THOUSAND UNITED STATES DOLLARS).

11. Payment Of Fees. <<Your Name Goes Here>>agrees to payment of fees as follows:

ALL FEES AND PAYMENT DETAILS WILL BE ENTERED HERE

12. Communication. <<Your Name Goes Here>>agrees to communicate with Organization Name through it's Live Online Support System and through it's email Support Ticket System which will be provided at the time of membership acceptance. Additionally Organization Name may assign a Membership or Account Representative to <<Your Name Goes Here>>and provide phone numbers of that representative. <<Your Name Goes Here>>agrees not to disclose this contact information and to use it as needed. If telephonic contact is not available at the time that <<Your Name Goes Here>>attempts to use it, <<Your Name Goes Here>>agrees to use the live support system or private email contact. <<Your Name Goes Here>>acknowledges and agrees that in the event of any disputes, transcripts and records generated by these systems may be used in support of either party's position and are made a part of this Agreement and included by way of reference.

13. Governing Law, Arbitration Clause. <<Your Name Goes Here>>agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to ANY Organization Name product or service. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearings will take place in the city or county chosen by Organization Name.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses. This Agreement shall be governed by the laws of the United States of America, excluding conflicts of laws principles. All disputes arising under this Agreement or in connection therewith will be adjudicated by the appropriate court(s). Jurisdiction of general courts is excluded and all decisions are final. <<Your Name Goes Here>> and Organization Name agree to comply with the decision of the arbitration court in the time specified.

14. Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.

15. Waiver. Waiver by one party hereto or breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.

16. Assignment.  ”«Your Name Goes Here»», shall not assign any of [his or her] rights under this Agreement, or delegate the performance of any of [his or her] duties hereunder, without the prior written consent of Organization Name.

17. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, or by return receipt electronic communication. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows:

If to <<Your Name Goes Here>> :

Your Name And Address Goes Here


If to Organization Name:

Our Organization Name And Address Goes Here

Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.

17. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed manually or acknowledged electronically by the parties hereto.

18. Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect.

19. Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written or recorded. The parties hereto agree that this electronic Agreement shall have the same force and legal effect as if signed and executed physically.

For Organization Name:

____________________________________________________________________
Organization Name

___________________________________________________________________
<<Your Name Goes Here>>
Address