READ THE TERMS AND CONDITIONS OF THIS AGREEMENT
CAREFULLY BEFORE CLICKING THE "I ACCEPT" BUTTON. BY INDICATING YOUR ACCEPTANCE
OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ("Subscriber")
ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE
USE OF THE FLIPTOINVESTOR.COM SERVICES ("Services") PROVIDED BY
FLIPTOINVESTOR.COM LLC. IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT, SUBSCRIBER SHOULD PROMPTLY EXIT FROM THIS WEBSITE
AND REFRAIN FROM USING ITS SERVICES. BY USING OR ACCESSING THE SERVICE
SUBSCRIBER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
IF
SUBSCRIBER HAS NOT REACHED LEGAL AGE OF MAJORITY, OR IS OTHERWISE NOT PERMITTED
BY LAW TO BE A PARTY TO THIS AGREEMENT, SUBSCRIBER ACKNOWLEDGES THAT
FLIPTOINVESTOR.COM IS PROVIDING THE SERVICE WITH THE IMPLICIT UNDERSTANDING THAT
SUBSCRIBER'S LEGAL GUARDIAN IS NOT OPPOSED TO SUBSCRIBER'S USE OF THE SERVICE.
FLIPTOINVESTOR.COM RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT
SUBSCRIBER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED
HEREIN. IN RESPONSE TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA") WE
REQUIRE THAT SUBSCRIBER BE AT LEAST 13 YEARS OLD TO USE FLIPTOINVESTOR.COM'S
SERVICES.
1. GRANT OF RIGHTS TO USE SERVICES.
Effective
upon acceptance of this Agreement, FLIPTOINVESTOR.COM hereby grants to Subscriber
a personal, nonexclusive, nontransferable, revocable license to access and use
the Services (as defined below), for Subscriber's non-commercial
use.
Subscriber shall have no right to sell, resell, reproduce,
duplicate, copy, distribute, create derivative works or exploit for commercial
purposes, any portion of the Services, access to the Services, or use of the
Services nor make any claim that it does have such right.
The
services provided by FLIPTOINVESTOR.COM hereunder may allow Subscriber to perform
various online messaging and communications functions (collectively, the
"Services"). Unless explicitly stated otherwise, any new features provided by
FLIPTOINVESTOR.COM that augment or enhance the current Services shall also
constitute "Services" and shall be subject to these terms and
conditions.
Subscriber is solely responsible for obtaining all
equipment and approvals necessary for connection to the World Wide Web and all
charges associated with such connection, including but not limited to obtaining
a PC and modem or other access device, having access to the World Wide Web and
phone service charges.
2. FLIPTOINVESTOR.COM'S PROPRIETARY
RIGHTS.
As between the parties, FLIPTOINVESTOR.COM shall retain all right,
title and interest to the Services including all copyrights, trademarks, patents
and all other intellectual property rights thereto, including without limitation
with respect to all technology and telephone numbers used in connection with or
provided as part of the Services.
Subscriber may not, nor allow any
third party to, copy, distribute, sell, disclose, lend, transfer, convey,
modify, decompile, disassemble or reverse engineer the Services for any purpose
whatsoever. Subscriber may not allow any third party to access the Services for
any purpose whatsoever.
The copyright notices and other proprietary
legends shall not be removed from the Services and no right to use any trademark
is granted under this Agreement.
Subscriber may not grant any
sublicense, lease or other right in the Services to any third party. All rights
not expressly granted under this Agreement are retained by
FLIPTOINVESTOR.COM.
3. SUBSCRIBER REGISTRATION.
Subscriber
agrees to provide true, accurate, current and complete data to
FLIPTOINVESTOR.COM
upon signing up for the Services and at subsequent times as requested by
FLIPTOINVESTOR.COM.
If Subscriber provides data that is, or that
FLIPTOINVESTOR.COM suspects to be, false, inaccurate, not current or incomplete,
FLIPTOINVESTOR.COM has the right to suspend or terminate Services and refuse any
and all current or future use of all Services, or any portion
thereof.
Subscriber acknowledges that FLIPTOINVESTOR.COM may distribute
the registration data to third parties, provided, however, Subscriber's name,
address (home and email) and telephone number will not be distributed, unless
required by law, or in the event Subscriber grants FLIPTOINVESTOR.COM the right to
provide that information.
Subscriber shall maintain and promptly
update the registration data as applicable, including, but not limited
to,
Change in address
Change in credit card account status
(e.g., closed account, maximum credit use)
Change in expiration date
of credit card account
Upon completion of all registration
information and acceptance of this Agreement, Subscriber will receive a
password, user ID, and when applicable, a PIN and telephone
number(s).
Subscriber is solely responsible for the maintaining the
confidentiality of Subscriber's password and PIN, and will be responsible for
all transactions and activities that occur as a result of Subscriber's
disclosure of such password and/or PIN, whether or not such transactions and/or
activities were authorized by Subscriber.
Subscriber shall not give
account information to third parties and shall at all times be responsible and
liable for any transactions or activities that occur on Subscriber's
account.
Subscriber shall immediately notify FLIPTOINVESTOR.COM if any
unauthorized use of Subscriber's account has occurred or of any other breach of
security.
Only 1 FREE Trial is allowed per person, per family,
per business. Please refer to the RE-SIGNUP section for the actions that
FLIPTOINVESTOR.COM will take upon re-signup for a Free Trial.
4.
TERMINATION AND REFUND.
SUBSCRIBER RIGHTS TO CHANGE OR END THIS
AGREEMENT
Subscriber may terminate its rights to receive Services
hereunder by providing written notice to FLIPTOINVESTOR.COM.
If
Subscriber terminates its rights to receive Services hereunder in the manner
prescribed above, Subscriber will be billed through the end of the billing cycle
in which such rights are terminated.
Upon any termination of
Subscriber's right to receive Services hereunder, Subscriber shall immediately
cease to use the Services and FLIPTOINVESTOR.COM shall have no further obligations
whatsoever to Subscriber.
Any change in Service requested by
Subscriber shall be at FLIPTOINVESTOR.COM's discretion and shall be subject to the
provisions of this Agreement.
FLIPTOINVESTOR.COM will not charge a
membership fee within the first 30 days of the account creation. After 30 days,
billing will commence. If SUBSCRIBER cancels after the first 30 days of the
account creation, SUBSCRIBER will be billed through the end of the current
billing cycle and no refund will be issued.
Cancellations of accounts
must be submitted in writing to Customer Support from the email address that was
used to create the account. The Customer Support email address is conveniently
located on each individual membership site. Cancellations may also be sent
to:
REI NETWORK, LP PO Box 667243 Houston, TX
77266
FLIPTOINVESTOR.COM RIGHTS TO RESTRICT OR END SERVICE
OR THIS AGREEMENT
To maintain or improve the Services, to prevent
fraud, or for any other reason determined by FLIPTOINVESTOR.COM,
FLIPTOINVESTOR.COM,
at its sole discretion, may restrict, suspend, terminate or modify Subscriber's
service with or without notice. Without limiting the generality of the
foregoing, FLIPTOINVESTOR.COM may restrict, suspend or terminate Subscriber's
Services with or without notice for reasons including, without limitation, if
Subscriber:
Incurs charges that cannot be billed Exceeds any
credit limit Makes a false statement to FLIPTOINVESTOR.COM Interferes with
FLIPTOINVESTOR.COM customer service or other business operations Becomes
insolvent or go bankrupt Breaches any part of this Agreement
FLIPTOINVESTOR.COM may also do so if:
Subscriber's credit
information cannot be verified. FLIPTOINVESTOR.COM believes or suspects that
Subscriber's account is being misused or used by anyone for unlawful activity.
FLIPTOINVESTOR.COM believes or suspects that the use of Subscriber's account
adversely affects or has the potential to affect service to other customers.
FLIPTOINVESTOR.COM believes or suspects that the use of Subscriber's account
adversely affects or has the potential to affects REI Network's operations.
Upon any termination in accordance with the foregoing,
FLIPTOINVESTOR.COM may immediately deactivate or delete Subscriber's account and
all related information and files in Subscriber's account, reassign any
telephone numbers associated with the account, and/or bar any further access to
such files, information, or the Services.
FLIPTOINVESTOR.COM shall not
be liable to Subscriber or any third party for any reason for terminating this
Agreement or access to Services or for modifying this Agreement and/or the
Services.
5. WARRANTY DISCLAIMER.
THE SERVICES
PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND
FLIPTOINVESTOR.COM
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF
THE UNITED STATES OR ANY STATE THEREOF. FLIPTOINVESTOR.COM MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF
ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK
ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY
SUBSCRIBER.
FLIPTOINVESTOR.COM MAKES NO WARRANTY THAT THE SERVICES WILL
MEET SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE
CORRECTED. FLIPTOINVESTOR.COM IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST
OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE
INTERNET IN GENERAL.
FLIPTOINVESTOR.COM DOES NOT MAKE ANY WARRANTY
PERTAINING TO ANY GOODS OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED
THROUGH THE SERVICES OR ANY TRANSACTION ENTERED INTO THROUGH THE
SERVICE.
FLIPTOINVESTOR.COM DOES NOT WARRANT THE ACCURACY OR
RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR
INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE
SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT
SUBSCRIBER'S SOLE RISK AND DISCRETION AND FLIPTOINVESTOR.COM WILL NOT BE LIABLE OR
RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER'S PROPERTY.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM
FLIPTOINVESTOR.COM, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME
JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO
CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.
6.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL FLIPTOINVESTOR.COM BE
LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY.
FLIPTOINVESTOR.COM'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION,
SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY.
The limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this Section will survive and apply even if any
limited remedy specified in this Agreement is found to have failed of its
essential purpose. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF
LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO
SUBSCRIBER.
7. INDEMNIFICATION.
Subscriber shall indemnify
and hold harmless FLIPTOINVESTOR.COM, its directors, officers, employees and
agents from and against all liabilities, losses, costs, expenses (including
reasonable attorneys' fees), and damages resulting from any negligent acts,
omissions or willful misconduct by Subscriber, Subscriber's use of the Services
and/or any breach of the terms and conditions of this Agreement by
Subscriber.
8. INTERNATIONAL USE
FLIPTOINVESTOR.COM makes no
representation that materials on its web site(s) are appropriate or available
for use in locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. Subscriber agrees to
comply with all applicable foreign and domestic laws, rules and regulations
regarding the transmission of technical data exported from or imported to the
United States or the country in which Subscriber resides. 9. MODIFICATION TO
SERVICES.
During the term of this Agreement, FLIPTOINVESTOR.COM may modify
or discontinue the Services at any time and with or without notice to
Subscriber.
Without limiting the generality of the foregoing,
FLIPTOINVESTOR.COM may, from time to time, with or without notice and at its sole
discretion, establish or change various practices, limitations and restrictions
for administering such Services, including without limitation: (a) how often all
or a part of the Services or account may be accessed; (b) the duration of any
access; (c) the maximum number of days that messages or postings will be
retained; (d) the maximum number of messages or postings allowed; (e) the size
and nature messages and postings; (f) the maximum storage space available for an
account; and (g) any other matter related to the administration of the
Services;.
Subscriber agrees that FLIPTOINVESTOR.COM shall not be
responsible or liable in any way for deactivation or deletion of accounts or for
loss of emails, audio clips, voice mails, uploads, communications, postings,
data or information as a result of, or arising out of, administration of the
Services, whether or not Subscriber is given prior notice
thereof.
FLIPTOINVESTOR.COM may delete accounts that are inactive for
an extended period of time.
FLIPTOINVESTOR.COM shall not be liable to
the Subscriber or any third party for any reason for FLIPTOINVESTOR.COM modifying
or terminating the Services, in whole or in part.
Subscriber is
responsible for creating a back-up copy of any important or critical information
that is stored on the Services. FLIPTOINVESTOR.COM shall not be responsible or
liable in any way for any information or data loss in connection with the
Services.
10. MODIFICATION TO
AGREEMENT.
FLIPTOINVESTOR.COM reserves the right to change the
terms and conditions of this Agreement, by posting a revised version of the
Agreement at Terms of Service or its successor site.
Use of the Services
signifies Subscriber's agreement to all terms, conditions and notices contained
or referenced herein. Continued use of any part of the Services following the
posting of any changes to this Agreement constitutes acceptance of those
changes, and all changes shall thereupon become binding upon the
Subscriber.
If Subscriber does not agree to the changes, Subscriber
shall immediately cease all use of the Services.
11. RULES
AND REGULATIONS
Subscriber shall be solely liable for any transmissions
sent through the Service. FLIPTOINVESTOR.COM has no control over the content of
any transmission nor will it be liable for such content.
Subscriber
shall not use the Services to create or distribute any images, sounds, messages
or other materials, which are obscene, harassing, racist, malicious, fraudulent
infringing or libelous, nor use the Services for any activity that may be
considered or are unethical, immoral, violative of any third party's rights, or
illegal.
Further, Subscriber will abide by all rules, regulations,
procedures and policies of FLIPTOINVESTOR.COM and any policies of the networks
connected to the Services. Subscriber agrees to abide by all applicable
local, state, national, foreign and international laws and regulations and is
solely responsible for all acts or omissions that occur under Subscriber's
account or password, including the content of Subscriber's transmissions through
the Service. By way of example, and not as a limitation, Subscriber agrees not
to:
Use the Service in connection with chain letters, junk email, voice
mail, faxes, spamming or any duplicative or unsolicited messages (commercial or
otherwise);
Harvest or otherwise collect information about others,
including email addresses, without their consent;
Create a false
identity or forged email address or header, or otherwise attempt to mislead
others as to the identity of the sender or the origin of the
message;
Transmit through the Service unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature;
Transmit any material that may
infringe the intellectual property rights or other rights of third parties,
including trademark, copyright or right of publicity;
Transmit any
material that contains viruses, trojan horses, worms, time bombs, cancelbots, or
any other harmful or deleterious programs;
Violate any U.S. or
foreign law regarding the transmission of technical data or software exported
through the Service;
Interfere with or disrupt networks connected to
the Service or violate the regulations, policies or procedures of such
networks;
Attempt to gain unauthorized access to the Service, other
accounts, computer systems or networks connected to the Service, through
password mining or any other means;
Interfere with another member's
use and enjoyment of the Service or another entity's use and enjoyment of
similar services.
FLIPTOINVESTOR.COM is under no obligation to monitor
the information or content available or transmitted through the Services.
Subscriber agrees that FLIPTOINVESTOR.COM shall have the right, but not the
obligation, at its sole discretion, to refuse or remove any content, in whole or
in part, that violates this Agreement or is otherwise objectionable. Subscriber
acknowledges and agrees that FLIPTOINVESTOR.COM may preserve content and may also
disclose content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: Comply with
legal process Enforce this Agreement Respond to claims that any Content
violates the rights of third-parties Protect the right, property, or
personal safety of FLIPTOINVESTOR.COM, its users and the public. Subscriber
may provide information, including but not limited to feedback, data, answers,
questions, comments, suggestions, plans and ideas to FLIPTOINVESTOR.COM. Such
information shall be deemed nonconfidential and FLIPTOINVESTOR.COM assumes no
obligation to protect such information from disclosure. The submission of such
information to FLIPTOINVESTOR.COM shall in no way prevent the purchase,
manufacture, or use of similar products, services, plans and ideas by
FLIPTOINVESTOR.COM for any purpose whatever. FLIPTOINVESTOR.COM shall be free to
reproduce, use, disclose and distribute such information to others without
restriction. Subscribers shall have no recourse against FLIPTOINVESTOR.COM for
alleged infringement or misappropriation in connection with any information or
materials submitted to FLIPTOINVESTOR.COM hereunder.
12. ELECTRONIC
TRANSACTIONS
Subscriber agrees that by entering into transactions with
FLIPTOINVESTOR.COM, Subscriber affirms consent to receive all information, copies
of agreements and correspondence ("Documents") from FLIPTOINVESTOR.COM in an
electronic format, and to also send information to FLIPTOINVESTOR.COM in an
electronic format, either through Subscriber's account or via email, at
FLIPTOINVESTOR.COM's discretion. Subscriber agrees to treat any such electronic
Documents received from FLIPTOINVESTOR.COM or sent to FLIPTOINVESTOR.COM as being
legally equivalent to any "written" information Subscriber would receive or send
in print or by postal mail. Subscriber's transactions with FLIPTOINVESTOR.COM
indicates that Subscriber agrees to treat all electronic Documents received from
or sent to FLIPTOINVESTOR.COM as having full legal enforceability and legal
effect. In any situation where Subscriber's signature may be required to process
a transaction, compliance with a commercially reasonable attribution procedure
agreed to or adopted by the parties or established by law for authenticating a
record shall authenticate the record. Without limiting the foregoing, the
parties agree that if Subscriber enters the username of Subscriber's account,
and enters the PIN number or password associated with the account, such process
shall constitute a legally-binding signature by Subscriber. Subscriber
acknowledges and agrees that FLIPTOINVESTOR.COM will not be responsible for
Subscriber's failure to receive any electronic Documents, and in the event
Subscriber is expecting to receive some electronic Documents that in fact
Subscriber does not receive, Subscriber will notify FLIPTOINVESTOR.COM
immediately. Subscriber further acknowledges and agrees that Subscriber's
responsibilities or the methods by which FLIPTOINVESTOR.COM sends Subscriber
electronic Documents may be altered from time to time, at FLIPTOINVESTOR.COM's
discretion, and FLIPTOINVESTOR.COM will give Subscriber advance notice of such
changes. Subscriber agrees that Subscriber will take all reasonable measures
to protect the security and confidentiality of all PINs, usernames and passwords
issued hereunder and will inform FLIPTOINVESTOR.COM immediately if Subscriber
discovers that any of these items have been given out (intentionally or
accidentally) to other people.
Subscriber agrees that Subscriber will
review Subscriber's transaction(s) carefully prior to accepting them and that
once Subscriber accepts any transaction, it will be final, binding upon
Subscriber and unchangeable in any way.
13. BILL
PAYMENT.
Subscriber shall be required to pay monthly subscription charges
and enhanced service charges in connection with the Services, as stated by
FLIPTOINVESTOR.COM. There may be additional fees if Subscriber requests a change
in any Services. Depending upon the level of Services selected by Subscriber,
there may be charges for calls to or from certain locations, including without
limitation payphones, and areas within extended calling zones. There may also be
applicable taxes, surcharges, assessments, government fees and charges for any
special or enhanced services Subscriber uses. Any of the foregoing may be billed
to Subscriber when they reach a limit as FLIPTOINVESTOR.COM determines at its sole
discretion. FLIPTOINVESTOR.COM bills subscription charges and charges for
certain enhanced Services in advance. Subscriber will pay FLIPTOINVESTOR.COM for
all charges billed to Subscriber's account, whether or not Subscriber was the
user of the account. Subscriber has the right to dispute charges on Subscriber's
bill, but only if Subscriber notifies FLIPTOINVESTOR.COM of the dispute within
thirty (30) days after the applicable billing date. If Subscriber fails to
notify FLIPTOINVESTOR.COM of any dispute within such thirty (30) day period,
Subscriber shall have irrevocably waive the right to dispute any such charge.
Subscriber must pay all charges on time until the dispute is resolved. If the
dispute is resolved in Subscriber's favor, FLIPTOINVESTOR.COM will refund the
disputed amounts to Subscriber.
FLIPTOINVESTOR.COM will charge Subscriber
the rates in effect under Subscriber's subscription plan. Subscriber's billing
cycle starts on the day the subscription purchase is successfully processed. If
there is a change in subscription plan, there may be a resulting change in
Subscriber's billing date. If Subscriber changes Subscriber's Services from a
billed plan to a free plan, Subscriber will be billed through the end of the
billing cycle in which such a change is made.
Subscriber agrees that all
payments will be made to FLIPTOINVESTOR.COM via credit or debit card, issued by a
US bank, including MasterCard®, VISA®, American Express® or Discover®.
FLIPTOINVESTOR.COM may change the credit cards accepted at any time, at its sole
discretion. Subscriber's name and address as it appears on Subscriber's
FLIPTOINVESTOR.COM account must also be on the credit account from which Payment
is made. If Subscriber provides a credit card number that FLIPTOINVESTOR.COM
accepts for payment of Subscriber's monthly bills, Subscriber is authorizing
FLIPTOINVESTOR.COM to charge the amounts Subscriber owes, then or later, to that
credit card account and to demand immediate payment from the card issuer.
Subscriber also agrees to pay, under the terms of Subscriber's agreement with
the card's issuer, the amounts charged to Subscriber's credit card. Every time
Subscriber uses FLIPTOINVESTOR.COM Services, Subscriber re-affirms that
FLIPTOINVESTOR.COM is authorized to charge Subscriber's card. Subscriber agrees to
authorize FLIPTOINVESTOR.COM to charge purchases made online to the credit card
account supplied to FLIPTOINVESTOR.COM when the subscription was initiated, or the
card that FLIPTOINVESTOR.COM has on file when the purchase is made. Subscriber
agrees to pay all costs and expenses, including without limitation attorney's
fees, incurred by FLIPTOINVESTOR.COM to collect any monies due under terms of this
Agreement.
14. AFFILIATE FEES
FLIPTOINVESTOR.COM offers an
"Affiliate Program" to reward those who refer new clients to FLIPTOINVESTOR.COM.
Subscriber agrees that FLIPTOINVESTOR.COM reserves the right to determine through
its own means who, if anyone, gets "credit" for a new client. Subscriber agrees
that FLIPTOINVESTOR.COM may change its Affiliate Program at any time without
warning or notification including but not limited to payment method, payment
schedule, payment "levels", payment calculations, reporting methods. Subscriber
agrees that FLIPTOINVESTOR.COM may cancel the affiliate program at any time
without warning or notification. FLIPTOINVESTOR.COM may use any manual or
automated methods it desires to determine who a new member was referred by
including but not limited to manual entry, special links, date-limited
"cookies", session "cookies", or special pages. Subscriber agrees that
regardless of the method chosen by FLIPTOINVESTOR.COM, it is likely that the
actual number of referrals will be higher than the credited number of referrals
made due to various inefficiencies in tracking technology and Subscriber further
agrees to use FLIPTOINVESTOR.COM's count. Subscriber agrees that Subscriber will
keep FLIPTOINVESTOR.COM informed of all postal address and e-mail address changes
for the Subscriber. Subscriber may appeal the amount of a payment withint 30
days of a payment being sent and may request investigation into a missing
payment within 30 days of when FLIPTOINVESTOR.COM should have sent the payment
under the current Affiliate program rules.Subscriber agrees that if a
Subscriber's membership is terminated for any reason, Subscriber forfeits all
rights to future affiliate payments.
15. THIRD PARTY
ADVERTISER.
Subscribers may enter into transactions with advertisers on
the Services.
Such transactions shall be between Subscriber and
advertisers and FLIPTOINVESTOR.COM shall have no responsibility or liability in
connection with any such transaction or the information, goods or services
provided by any such advertiser.
16. RE-SIGN UP
If a subscriber signs up for a FREE Trial and then
either cancels his/her account or has his/her account canceled due to a declined
credit card or check draft and then the subscriber or his family member or
business partner re-signs up for a Free Trial under a new username then the
subscriber or his family member or business partner shall be charged a $99
re-activation fee. Also, FLIPTOINVESTOR.COM shall immediately charge the
designated monthly fee without giving the Free Trial.
17. GENERAL.
This Agreement, including any
documents incorporated herein by reference, merges all prior written and oral
communications and defines the entire agreement of the parties concerning the
Services.
In the event any portion of this Agreement shall be held
illegal, void, or ineffective, the remaining portions hereof shall remain in
full force and effect and such illegal, void or ineffective provisions shall be
construed, as nearly as possible, to reflect the intentions of the
parties.
All notices under this Agreement shall be in writing and
delivered by email or in writing.
This Agreement shall be construed
in accordance with the laws of the State of Texas without regard to its conflict
of law provisions. Each party submit to the exclusive jurisdiction of the state
and federal courts located in Texas, and irrevocably waive any right that such
party may have to assert the such forum is not convenient or that any such court
lacks jurisdiction.
Subscriber agrees and acknowledges that any
breach of the provisions regarding ownership contained in this Agreement shall
cause FLIPTOINVESTOR.COM irreparable harm and FLIPTOINVESTOR.COM may obtain
injunctive relief as well as seek all other remedies available to
FLIPTOINVESTOR.COM in law and in equity.
Subscriber shall not transfer
or assign this Agreement or Subscriber's rights under this Agreement. Any
purported transfer or assignment in violation of this section is void. Subject
to the foregoing, this Agreement shall be binding on and inure to the benefit of
the parties, their successors, permitted assigns and legal
representatives.
The failure of FLIPTOINVESTOR.COM to exercise its
rights under this Agreement will not be construed as a waiver of such rights,
nor will it in any way affect the validity of this Agreement. The provisions of
this Agreement relating to intellectual property ownership, restrictions on use
or disclosure of the Services, disclaimers of warranties, limitations of
liability and indemnification shall survive termination or expiration of this
Agreement for any reason.
The U.N. Convention for the Sale of Goods
shall not be applicable to this license of the Services to
Subscriber.
The section titles in this Agreement are for convenience
only and have no legal or contractual effect.
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