BEFORE YOU PLACE YOUR ORDER PLEASE READ THE TERMS AND
CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY COMPLETING AN ORDER OR ACCESSING THE SITE YOU ARE
AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
Subscriber Agreement
The Web site located at http://www.followupsellingsystems.com
("Site") is provided by FollowUpSellingSystems.com. Your access
to and use of the Site is governed by this Subscriber Agreement
("Agreement").
As used in this Agreement, "I," "we," "us'" or "our" refers
to FollowUpSellingSystems.com, and "you" or "your" refers to
you, the user of the Site. The Agreement below is the agreement
you consented to upon subscribing to the site. The Agreement
does not apply to use of the publicly available Web Site
maintained by FollowUpSellingSystems.com.
1. Access and Passwords
As part of the subscription process for this Site, you have
selected or been assigned a particular username and password in
accordance with FollowUpSellingSystems.com's username and
password guidelines.
YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO
ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE
NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR
PASSWORD.
You agree that all actions taken by you, or any other user
that accesses the Site using your username and password, at or
through the Site will be attributed to and legally bind you,
even with respect to acts for which the user had no actual
authority or made an error. You assume all resulting liability
from use of the Site and any services available on it by you or
others using your username or password.
If you lose your username or password, you can retrieve it
be entering your email address at http://www.FollowUpSellingSystems.com/members
If you have changed email addresses or that form does not
work, you can contact us by using our support center.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on
our site.
Your subscription will not renew automatically. You must
choose to renew each year if you are on an annual plan. You can
renew by using the links found within the members only area or
by ordering from our home page.
You agree to pay or have paid all fees and charges incurred
in connection with your username and password for the Site
(including any applicable taxes) at the rates in effect when
the charges were incurred.
All fees and charges fall under the refund policy posted on
our site.
YOU AGREE THAT IF YOU OBTAIN A REFUND FOR YOUR MEMBERSHIP TO
FOLLOW UP SELLING SYSTEMS YOU ARE NOT ALLOWED TO PURCHASE
ANOTHER MEMBERSHIP. IF WE MAKE AN EXCEPTION TO THIS POLICY AND
ALLOW YOU TO PURCHASE AGAIN, YOU AGREE TO WAIVE YOUR RIGHT FOR
A SECOND REFUND.
All purchases you make based on the information found within
the Follow Up Selling Systems are transactions between you and
the parties involved. Follow Up Selling Systems makes no
warranties and offers no guarantees as to the usability of the
information found within.
FollowUpSellingSystems.com may change the fees and charges
then in effect, or add new fees or charges, without advanced
notice by posting said fees on their website.
You are also responsible for any fees or charges incurred to
access the Site through an Internet service provider or other
third party service. YOU, AND NOT FollowUpSellingSystems.com,
ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT
CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms
are incorporated herein by this reference. Please read it now
at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups,
forums, and/or other message or communication facilities
("Communication Services") designed to enable you to
communicate with others. You agree to use the Communication
Services only to submit or post messages and material that are
proper and, when applicable, related to the particular
Communication Service.
You are also prohibited from submitting to, posting or
transmitting through FollowUpSellingSystems.com any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local,
state, national, or international law. Content that consists of
or contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of
"spam" is prohibited.
You may not use a false email or postal address, impersonate
any person or entity, or otherwise mislead as to the origin of
your posted content.
Any opinions, advice, statements, services, offers, or other
information that constitutes part of the content expressed or
made available by third parties are those of the respective
authors or distributors and not of FollowUpSellingSystems.com
nor its affiliates, not any of their officers, directors,
employees, or agents.
You acknowledge that FollowUpSellingSystems.com does not
pre-screen all content, but that FollowUpSellingSystems.com and
its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any content that is
made available via the Communication Services. Without limiting
the foregoing, FollowUpSellingSystems.com and its designees
shall have the right to remove any content that violates this
Agreement or is otherwise objectionable. You specifically agree
that FollowUpSellingSystems.com is not responsible for any
content sent using and/or included in the Site by any third
party.
5. Copyright and Restrictions
This Web site contains proprietary material of
FollowUpSellingSystems.com (or material that other suppliers
have licensed to FollowUpSellingSystems.com for their use)
which is protected by copyright and other laws respecting
proprietary rights. FollowUpSellingSystems.com retains all
rights in the material and media, including (without
limitation) all copyright and other proprietary rights
worldwide in all media. You may not use
FollowUpSellingSystems.com except as expressly permitted under
this Agreement and under U.S. copyright laws. Any routine
and/or systematic redistribution of any portion of the products
licensed herein is expressly prohibited.
End users who are duly authorized may Access
FollowUpSellingSystems.com for individual use, i.e., may view
the information on screen only.
No information is to be downloaded, saved to your hard drive
for use later on, or printed or captured in any way (including
but not limited to audio, video or screen capture) unless said
permission is expressly stated within the site.
The rights granted here are an expansion of the rights
granted under the Copyright Act and do not include any rights
to reproduce in its entirety any portion of the information or
materials contained therein. No part of the information may be
duplicated in any medium or format beyond the express terms of
this Agreement without prior written authorization from
FollowUpSellingSystems.com. Any use not authorized by the
Agreement is prohibited and is not a fair use under the U.S.
copyright law.
You acknowledge that the information (and the licensed
materials contained therein) is highly proprietary in nature
and that unauthorized copying, transfer or use may cause
FollowUpSellingSystems.com and/or FollowUpSellingSystems.com’s
suppliers irreparable injury that cannot be adequately
compensated for by means of monetary damages. You agree that
any breach of this provision by you, or any subscriber or
end-user, may be enforced by FollowUpSellingSystems.com, and/or
any of FollowUpSellingSystems.com’s suppliers, by means of
equitable relief (including, but not limited to, injunctive
relief) in addition to any other available rights and
remedies.
You agree that any supplier of any portion of the licensed
materials may enforce its rights against you, even though that
supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce,
publish, distribute, sell, or otherwise access or use any
material retrieved from or contained in or on this Site in any
manner whatsoever that may infringe any copyright or
proprietary interest of FollowUpSellingSystems.com; distribute
the information contained in and/on this Site to other users
not duly authorized to Access the Site; distribute, rent,
sublicense, lease, transfer or assign the information or
Agreement; decompile, disassemble, or otherwise
reverse-engineer this Site or information contained in or on
this Site or any software contained therein, or alter,
translate, modify, or adapt it to create derivative works.
Unauthorized reproduction, transfer, and/or use may be a
violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any
portion of the information on any electronic media, including,
but not limited to, local or wide area networks, timesharing
services, multiple processing units, multiple site
arrangements, service or software rental bureaus, list servers,
online services, electronic bulletin boards or forums, World
Wide Web sites or any other server that is Internet-enabled,
without written authorization by
FollowUpSellingSystems.com.
If you breach any provision of this Agreement,
FollowUpSellingSystems.com may immediately terminate this
Agreement and all licenses granted hereunder without prior
notice and in addition to any other available rights and
remedies
6. Limitations on Use
The following activities are prohibited. You agree not
to:
a. Use Web-accelerated browsers or products (including but
not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro),
or other applications that are capable of copying large
portions of content from the Site. FollowUpSellingSystems.com
can detect the use of these systems through live logfile
analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without
following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html
). We are able to detect robots violating the guidelines and we
will ban any offenders. If you are using a robot/crawler to
check FollowUpSellingSystems.com links, it must operate
according to the robot guidelines (see above). Do not leave new
robots unattended and allow a minimum of 1 minute between
automated requests.
c. Use any device, software or routine or the like to
interfere or attempt to interfere with any Site
functionality;
d. Take any action that imposes an unreasonable or
disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for
purposes not relating specifically to the Site;
f. Access the Site by any means other than through the
interface that is provided by FollowUpSellingSystems.com, or
attempt or access any area of the Site to which your access is
not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt
to discover any source code relating the Site, except to the
extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content
compiled by FollowUpSellingSystems.com. While we use
commercially reasonable efforts to provide accurate
information, FollowUpSellingSystems.com gives no warranty as to
the accuracy of the database and other content on the Site.
FollowUpSellingSystems.com reserves the right to withdraw or
delete information or content from the Site at any time.
8. Links to Third Party Sites
FollowUpSellingSystems.com does not endorse the content on
any third-party Web site, including Web sites of
FollowUpSellingSystems.com's affiliates ("Third-Party Sites").
FollowUpSellingSystems.com is not responsible for the content
of Third-Party Sites that you reach through links on the Site,
sites framed within the Site, or third-party advertisements on
the Site, and we do not make any representations regarding
their content or accuracy. Your use of Third-Party Sites is at
your own risk and subject to the terms and conditions of use
for such sites. Any transaction that you conduct at a
Third-Party site will be between you and the party providing
that Web site. This means that FollowUpSellingSystems.com is
not your agent and is not a party to any transaction at a
Third-Party Site.
9. Representations and Warranties
You represent and warrant to FollowUpSellingSystems.com
that: (a) you possess the legal right and ability to enter into
this Agreement; (b) all information submitted by you to the
Site is true and accurate; (c) you will be responsible for all
use of your username and password even if such use was
conducted without your authority or permission; (d) you are at
least 18 years old; and (e) you will not use the Site for any
purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR
FOUND WITHIN THIS SITE BY FollowUpSellingSystems.com AND ITS
AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT
WARRANTIES OF ANY KIND, AND FollowUpSellingSystems.com AND ITS
AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, FollowUpSellingSystems.com DOES
NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a)
AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY
OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON
THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d)
FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE
SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT
WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE
SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET
ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL FollowUpSellingSystems.com OR ANY OF ITS
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE,
EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH
OF WARRANTY, AND EVEN IF FollowUpSellingSystems.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL FollowUpSellingSystems.com OR ANY OF
ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY
AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED
BY FollowUpSellingSystems.com FROM YOU FOR ACCESS TO THE SITE
AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR
PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our
attorney's fees and costs, if we become liable for or incur any
damages in connection with your breach of this Agreement. You
may not settle any dispute without our prior consent, which may
only be given in a non-electronic writing signed by an
authorized representative of FollowUpSellingSystems.com.
14. Consent to Electronic Notices and Other
Communications
You agree that all of your transactions relating to the Site
may, at our option, be conducted electronically, including any
that we are otherwise required to provide in "writing". For
example, we may send you notices via postings at the Site or
via email to any email address that you provide to us during
registration as a Site member. If you do not wish to deal with
us electronically, you should not use the Site or enter into
this Agreement. If applicable law now or later requires us to
communicate with you non-electronically, we reserve the right
to charge a fee for doing so. Notice will be deemed given 24
hours after the email is sent, unless (for email) we are
notified that the email address is invalid. Alternatively, we
may give you notice by mail to the address provided during
registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this
Agreement (and any amendment from time to time) and retain it
in your records. You also agree to make a copy of any other
information that we deliver to you in writing.
16. Termination
FollowUpSellingSystems.com may terminate your subscription
and/or access, or suspend access to all or part of the Site,
without notice, for any conduct that
FollowUpSellingSystems.com, in its sole discretion, believes is
in violation of this Agreement, any applicable law, or any act
which is harmful to the interests of another user, service
provider, or FollowUpSellingSystems.com.
FollowUpSellingSystems.com may also elect not to renew your
subscription and access by providing a notice of non-renewal.
Applicable sections of this agreement will survive any
termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement
without the consent of an authorized representative of
FollowUpSellingSystems.com in a non-electronic record, and any
assignment without FollowUpSellingSystems.com's consent will be
voidable at FollowUpSellingSystems.com's option. This Agreement
will inure to the benefit of and bind the parties' respective
successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of
Texas, U.S.A., without regard to principles of conflict of
laws.
To the extent you have in any manner violated or threatened
to violate FollowUpSellingSystems.com and/or its affiliates'
intellectual property rights, FollowUpSellingSystems.com and/or
its affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of Texas, U.S.A.,
and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon
mediator in the following location: College Station, Texas,
U.S.A.. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: support@realworldtactics.com,
under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
19. Amendments
FollowUpSellingSystems.com may change the provisions of this
Agreement. When FollowUpSellingSystems.com changes the terms of
this Agreement, FollowUpSellingSystems.com will notify you by
email or online postings on this Site. The changes will also
appear in this document, which you can access any time. You
already agreed to be bound by the changes when you first
subscribed to the site. If you do not agree to be bound by the
changes, you should not use the Site again and you should
cancel your subscription to the Site. Even if you have not
clicked on the "I Agree" button or checked the I agree box when
subscribing, if you use the Site after you have been notified
of a change to this Agreement, you are agreeing now to be bound
by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by
reference) is the entire agreement between the parties for its
subject matter and supersedes all prior and contemporaneous
communications between the parties. No term of this Agreement
may be waived by FollowUpSellingSystems.com except in a signed,
non-electronic writing signed by an authorized representative
of FollowUpSellingSystems.com.
21. General
If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties agree that
its remaining provisions will remain in full force and effect,
provided that the allocation of risks described herein is given
effect to the fullest extent possible. Our failure to act with
respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. You
agree that no joint venture, partnership, employment or agency
relationship exists between you and FollowUpSellingSystems.com
or its affiliates as a result of this Agreement or your use of
the Site.
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