Stock Pro Investors Terms and Conditions
Version 09/26/2005
This Agreement contains the complete terms and conditions that apply to the participation in the affiliate program.
DEFINITIONS
As used in this Agreement, the following definitions will apply:
"Agreement" shall mean these Terms and Conditions (including any terms incorporated by hyperlink).
"Client", "I", "you" or "your" shall mean the person or persons using, or subscribing to this website.
"We", "us", "the company" or "our", shall mean Stock Pro Investor's Kit stockproinvestorskit.com and it’s owners.
"Site" shall mean a World Wide Web Site, and depending on the context, refers to the back office administration web site, the sponsor's web site, or the affiliate's web site.
NOTIFICATION
These Terms and Conditions serve as your purchase agreement and are notification of such.
TERM OF THE AGREEMENT
The period during which this Agreement will be in effect begins upon your purchase of subscription, or success kit and will end when terminated by either party. Either party may terminate the Agreement at any time, with or without cause, by giving the other party 7 (seven) days written notice of termination. Either party may terminate the Agreement immediately, without notice, if the other party breaches any material term of the Agreement and the breach is not corrected within 10 (ten) days of written notification. Upon the termination of this Agreement, you must immediately cease use of our site and any other materials provided to you in connection with this Agreement, including any trademarks, trade dress and logos.
MONTHLY FEES:
Monthly fees for access to this website will be automatically debited to the payment method that you used to initially purchase, or other payment method of your choice. The first monthly fee is due at the end of the trial period noted in the activation email, and thereafter, every month on that day. Access is contracted on a month-to-month basis and cancelable at any time seven days prior to the payment date by providing written notice as outlined below.
CANCELLATION
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to Stock Pro Investor's Kit stockproinvestorskit.com 703 S. State Street, Suite 5, Orem, UT 84058. If for any reason you disagree with any provision of this agreement, you are required and agree to cancel this transaction during the trial period. Once we have received written notification of your request to cancel, your access will be prepared for cancellation. In order to complete the cancellation process, you will be required to finalize your request per the instructions given at the time cancellation is prepared. The monthly billing for hosting and maintenance is cancelable at any time seven days prior to the payment date of each month. Shipping and Handling Fees are not cancelable nor are they eligible for refund. No refunds of any kind will be issued after 7 days of any transaction date. Any charge backs or disputes that do not comply with the refund policy will be aggressively fought. You agree through acceptance of these terms and conditions you have been notified in writing of this right to cancel and waive any and all right to state you have not been notified of such.
LIMITATION OF LIABILITY
In no event shall we be responsible for incidental or consequential damages arising by reason of your purchase of merchandise or services from us. Our maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you for the physical materials.
INDEMNITY
You agree to defend, indemnify and hold harmless us and our directors, officers, agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney's and expert witnesses' fees) arising by reason of your purchase or use of the web site or arising from: Any breach of this agreement. Any claims arising from the sale or license of goods or services promoted or made available through the program except where limited by law. Our indemnity rights shall not be limited or offset by any contributory negligence by us.
SYSTEM LIABILITY
Our service is made available to you "AS IS" and "AS AVAILABLE," and we make no warranty as to its use or performance.
ELECTRONIC RECORDS
I agree to the use of electronic records to evidence this agreement. I understand that I have the right to not consent to the use of electronic records by not transacting business with the company. In such event, this will be null and void. My consent applies only to this transaction. I hereby waive any objection I may have to the companies use of electronic records in court should it be necessary to enforce the terms of this agreement.
CONSENT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION
By execution of this Agreement you hereby consent and agree that any and all disputes that arise concerning this
Agreement or any of the terms of this Agreement, or that concern any aspect of the relationship between Client and
Company, shall be decided exclusively in binding arbitration conducted by the American Arbitration Association
('AAA'). Client and Company further consent and agree that Client may file their complaint with the AAA in their
state, but that all AAA arbitration hearings shall be conducted in Orem, Utah, where Company is headquartered and
located, before a single AAA arbitrator. The arbitrator shall be appointed in accordance with the Section R-13,
Appointment from Panel, of AAA's Commercial Arbitration rules. Client and Company consent and agree that the AAA
arbitrator shall exclusively apply UTAH law to the dispute, regardless of and without giving any consideration to
choice of law principles. Client and Company further consent and agree that each party will bear his/her/it's own
cost and attorneys' fees incurred in connection with the AAA arbitration proceedings, and agree that the AAA
arbitrator shall have no power or discretion to make any award of costs or attorneys' fees. However, in the event
that Client or Company files any court proceedings in violation of the contractually agreed upon arbitration
requirement, the party who is required to appear in any court proceedings to defend against such proceeding shall
be entitled to an immediate stay and dismissal of such court proceedings, and shall be entitled to an award of all
reasonable attorneys' fees and costs incurred in connection with such court proceedings. The final decision of the
arbitrator shall be furnished in writing and shall constitute a conclusive determination of the issue(s) in
question, binding upon the Client and Company, and shall not be contested by either of them except as permitted by
applicable law. Such decision may be used in a court of law only for the purpose of seeking enforcement of the
arbitrators' award.
MODIFICATION
We retain the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting notice of change or a new agreement on our site. If at any time you deem the modification to be unacceptable to you, termination of this agreement is your only recourse. Your continuing affiliation with this site following a modification of the agreement on our site will constitute binding acceptance of the modification. You further agree that we may at any time solicit customer referrals on terms that may differ from those contained in this agreement and from customers that offer similar or compete with your website.
WAIVER
No failure to enforce any provision, assert any right or insist on performance of any provision under this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligations in the future. Our failure to enforce your strict performance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
ENTIRE AGREEMENT
This agreement constitutes the entire understanding with regard to your purchase and affiliation with the sponsor, and us and supersedes all prior representations, oral or written. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns.
By ordering from Stock Pro Investor's Kit stockproinvestorskit.com or utilizing services of Stock Pro Investor's Kit stockproinvestorskit.com I hereby acknowledge that I have read the above terms and conditions, understand them, and agree to be legally bound by them.
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