TERMS AND CONDITIONS FOR USE
OF THE On-LineSERVICES
Effective June 17, 2009
This following Agreement terms and conditions govern your access and usage of the services (the "Online Services") and the products and online materials provided to you by the Company ("Materials").
Please read this Agreement carefully before accessing or using the Online Services or Materials. By accessing or using the Online Services or Materials, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Online Services or Materials. If you do not have the legal authority to bind, please do not access the Online Services or Materials. If you utilize the Online Services in a manner inconsistent with these terms and conditions, the Company may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. The Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Online Services or Materials shall be deemed your conclusive acceptance of the modified Agreement.
1. AUTHORIZED COMMUNICATIONS; INFORMATION YOU PROVIDE TO THE COMPANY
1.1 By utilizing the Online Services or Materials, you acknowledge that you have agreed to receive electronic mail, telephone calls, postal mail, and other communications from the Company, its agents, affiliates, independent contractors, successors, and assigns. You agree that the Company may contact you with regard to these Terms and Conditions, the Online Services and Materials, opportunities in which you may be interested, and other related purposes.
1.2 When using the Online Services or Materials, you may be prompted to disclose certain information about yourself (“Personal Information”). Your use of the Online Services or Materials indicates your express consent for the Company to use and disclose your Personal Information in accordance with the Company’s Privacy Policy.
2. LICENSE; RESTRICTIONS ON USE
2.1 Except for distributions in compliance with these Terms and Conditions, you may not distribute any Materials, Online Services, or software associated with or derived from it, modify, copy, license, or create derivative works from the same, unless you obtain Company’s express written permission in advance.
2.2 You are granted a nonexclusive, nontransferable, limited license to access and use the Online Services and Materials from time to time made available to you. This license includes:
(a) The right to display Materials to no more than one person at a time;
(b) The right to obtain a printout of any online Materials via printing commands of the Online Services and to create a single printout of the online Materials downloaded via downloading commands of the Online Services (collectively, "Authorized Printouts");
2.3 Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials. You may not print or download any online Materials without using the printing or downloading commands of the Online Services.
2.4 All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the Covered Party. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
2.5 Except as specifically provided herein, you may not use the Online Services or Materials in any fashion that infringes the copyrights or proprietary interests therein.
2.6 You may not remove or obscure the copyright notice or other notices contained in Materials.
3. ACCESS TO SERVICES
3.1 Only purchasers of the Materials may access and use the Online Services.
3.2 You may not use an identification number to access the Online Services from outside the country for which it was issued.
3.3 You may be restricted from accessing certain Materials otherwise available in the Online Services.
3.4 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.
4. COMPANY REPRESENTATIONS; LIMITED WARRANTY
4.1 The Company represents and warrants that it has the right and authority to make the Online Services and Materials available pursuant to these Terms and Conditions.
4.2 The Company represents and warrants that it shall take all necessary steps to comply with the CAN SPAM Act of 2003 (as the same is amended from time to time) and any and all other applicable laws with respect to advertising and marketing.
4.3 The Company and its affiliates, officers, directors, employees, subcontractors, agents, successors, or assigns, make no representations or warranty, express or implied, as to the accuracy, earnings claims, content, and advertising materials on its web sites or in the Materials. In the event that any advertisement is inaccurate, your sole remedy is for the Company to remedy such inaccuracy within fifteen (15) working days of it being notified of the inaccuracy. You understand and agree that the online content and advertising copy therein solely represents hypothetical examples and does not in any way guaranty income, revenue, or performance of the Online Services and Materials and does not in any way represent explicit or implicit earnings claims for the user.
4.4 All testimonials have been verified by the attestants and the attestants have been remunerated for allowing the Company use of the same. For the sake of customer privacy, the Company reserves the right to protect and/or substitute the images of the attestants. The images displayed in the Materials or on any affiliated sites are not the actual images of the attestants. The images displayed have been supplied by the Company and are the copyrighted property of the Company. You understand and agree that the online content, claims, and representations of such third party testimonials does not in any way guaranty income, revenue, or performance of the Online Services and Materials and does not in any way represent explicit or implicit earnings claims by the Company for the user.
4.5 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 4, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
5. CUSTOMER’S REPRESENTATIONS AND WARRANTIES
5.1 Any buyer, customer, end user, consumer or any other party that utilizes the Online Services or Materials in any way (the “Customer”) represents and warrants that Customer will not utilize the Online Services or Materials in such a fashion that will violate any law, statute, ordinance, or regulation, including, without limitation, false or deceptive advertising laws or the CAN SPAM Act of 2003 (as the same is amended from time to time).
5.2 Customer represents and warrants that Customer will not utilize the Online Services or Materials to infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights.
5.3 Customer represents and warrants that Customer will not utilize the Online Services or Materials to display any material that may be considered defamatory, libelous, pornographic, obscene, or contain any viruses, Trojan horses, worms, or other harmful programs.
5.4 Customer represents and warrants that Customer is authorized to use the credit card, debit card, or any other payment means which Customer is using to pay for and acquire the Online Services or Materials.
6. LIMITATION OF LIABILITY
6.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
6.2 "Covered Party" means Work At Home Recruiters, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Work At Home Recruiters or its affiliates.
6.3 “The Company” means Work At Home Recruiters.
6.4 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
6.5 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
7. REFUND POLICY
7.1 The Company offers a full refund of the purchase price of any product or service subject to the provisions herein stated. The Company will not issue any refund until it has received both (I) your submission of a refund request form to Company within sixty (60) days of your purchase and (II) your return to Company, in good, undamaged condition, of all tangible goods you have received from Company. It may take Company up to ten (10) business days from the date Company receives your refund request and your return of all tangible goods to process your refund. You hereby acknowledge and agree that Company will not refund you for the cost of any shipping and handling charges under any circumstances. You further acknowledge and agree that Company will refuse and reject the attempted return of any tangible goods you have damaged. In the event that you receive defective tangible goods, then upon your return to Company of such defective tangible goods, Company will provide you with non-defective replacement goods at no additional shipping and handling cost to you.
7.2 A Customer Service Representative will work with you to resolve any issues you may have with regard to the Company’s products, services, or web sites. If you have any such issues, please contact the Company’s Customer Service Department at 1-866-261-5415.
8. TERM OF SERVICE; SHIPPING POLICY
8.1 There is no limitation on the term of service with respect to these Terms and Conditions. You will retain access to all purchased services and products so long as you remain a customer in good standing with the Company. The Company does not have any recurring cost, product, or service.
8.2 Upon purchase of the product or service, Company will promptly ship any product to your mailing address or provide you with the appropriate link or other information with which you may access the purchased product or service, as the case may be. If you experience any difficulty or delay in accessing or receiving the purchased product or service, you should contact the Company’s Customer Service Department at 1-866-261-5415.
9. MISCELLANEOUS
9.1 The Company reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, so that you will be apprised of any changes. Your continued use of the Online Services or Materials after any such change shall constitute your express consent to be bound by such changes.
9.2 Charges and payment terms may be changed in accordance with the applicable price schedule; all other provisions may be changed by the Company immediately. Your access to the Online Services may be terminated immediately upon notice to the provider of the Online Services if any change is unacceptable. Continued use of the Online Services following any change constitutes acceptance of the change.
9.3 The Company may terminate your access to the Online Services. The effective date of termination shall be ten (10) days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The Company may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
9.4 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by the Company. Notices shall be deemed to have been properly given on the date deposited in the U.S. mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to the Company should be sent to: Work At Home Recruiters, c/o, General Counsel 3867 West Market Street, Suite 256, Akron, Ohio 44333.
9.5 The failure of the Company or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
9.6 If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
9.7 You may not assign your rights or delegate your duties under your access to the Online Services without the prior written consent of the Company.
9.8 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio.