Jones & Trevor Marketing, Inc. Terms of Service
Important: Credit Card Fraud is a criminal offense in any country. By logging into tedthomas.com and all related sites operated by Jones & Trevor Marketing, inc., You agree to contact Jones & Trevor Marketing, Inc.’s customer support to resolve any problem with your order before contacting Your bank or Credit Card Company to cancel Your purchase. You understand that Jones & Trevor Marketing, Inc. may initiate a collection and submit a negative report to Consumer Credit Reporting agencies. You UNDERSTAND THAT NOT LOGGING INTO THE SITE DOES NOT VOID ANY PART OF THE AGREEMENTS.
Below is the Universal Terms for Jones & Trevor Marketing, Inc. Software, Products and Services (herein referred to as “Products”)
This Agreement (“Agreement”) is by and between Jones & Trevor Marketing, Inc., and/or its subsidiaries and agents and You, your heirs, agents, successors and assigns (“You”), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of your use of Jones & Trevor Marketing, Inc. software (“Software”), Products (“Products”) and services (“Services”) and explains Jones & Trevor Marketing, Inc.’s obligations to you and your obligations to Jones & Trevor Marketing, Inc. in relation to the Software, Products and Services You purchased.
This Agreement as well as any additional Jones & Trevor Marketing, Inc. policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Jones & Trevor Marketing,Inc. concerning your use and purchase of Jones & Trevor Marketing, Inc.’s products, and supersede and govern all prior proposals, agreements, and/ or other communications. All Jones & Trevor Marketing, Inc. policies and agreements specific to particular Products are incorporated herein and made part of this Agreement by reference. By purchasing Jones & Trevor Marketing, Inc.’s Products, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Jones & Trevor Marketing, Inc. may establish from time to time, and any agreements that Jones & Trevor Marketing, Inc. is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online. In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account you’ve established with Jones & Trevor Marketing, Inc., whether or not the transactions were in your behalf.
The General Terms in Section apply to all customers of Jones & Trevor Marketing, Inc..
1. DESCRIPTION OF SERVICE. Jones & Trevor Marketing, Inc. operates the tedthomas.com web site to offer access to highvalue business and marketing advice and complementary products and services (collectively, the “Site”). Use of the Site is governed by the following Terms of Service (“TOS”).
2. ACCEPTANCE OF TERMS OF SERVICE. To become a member of the Site, you must complete the customer registration process and agree to the following TOS. You indicate your consent to be bound by this Agreement and the TOS by logging into this site.
3. CUSTOMER REGISTRATION REQUIREMENTS. To open an account, you will need to select a user-name and a password. You will also will need to complete a profile (which will contain certain personally identifiable information and billing information) by providing Jones & Trevor Marketing, Inc. and/or tedthomas.com with true, accurate, current and complete information as prompted by the Site’s online registration form or at the time of your purchase offline. If you provide any information that is untrue, inaccurate, not current or incomplete, or Jones & Trevor Marketing, Inc. / tedthomas.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, tedthomas.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). All information that you provide to us will be subject to the terms of our Privacy Statement. You may not share your user-name or password with others. tedthomas.com may refuse to permit you to use any user-name or password that tedthomas.com, in its sole discretion, deems offensive.
4. SECURITY. You will be solely responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of tedthomas.com. You agree to (a) immediately notify Jones & Trevor Marketing, Inc. of any known or suspected unauthorized use(s) of your account or password or of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information and (b) ensure that you exit from your account at the end of each session. tedthomas.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. RESPONSIBILITY FOR ACCOUNT ACTIVITY. You are solely responsible for all usage or activity on your account or password, including use of your account or password by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at tedthomas.com’s sole discretion.
6. FEES AND PAYMENTS. You will be charged a subscription fee. You will be charged additional fees as and when you license, purchase or access certain products and services from or through the Site. Such subscription and other fees will be clearly posted, and no fee will be charged to your account unless you have agreed in advance to pay the fee for your specific purchase. The Success Club and other memberships are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. You can cancel your account by calling the support phone number listed on the site: 321-449-9940. tedthomas.com reserves the right to change its fee structure at any time, including to increase or decrease fees or add any new fees or charges at any time. However, tedthomas.com will not change the subscription fee applicable to any period for which you have already elected to subscribe. Also please note that any product purchased from tedthomas.com and any of the programs created by tedthomas.com will be given a 30 day refund period. This means that if you are unsatisfied with the product contact us within 30 days of the purchase date by calling 321-449-9940 and we will honor your refund request. No fine print. No Hard Feelings. Failure to request a refund prior to the 30 day deadline will result in no refund being granted for the purchase in question.
7. CHANGES TO TOS. tedthomas.com may change, add or delete any one or more of the TOS by providing notice to you as set forth in Section 21 of this Agreement or by posting such changes on the Site. If any future changes are unacceptable to you, you may cancel your account by sending an email to: email@example.com or phone 321-449-9940. Such cancellation will become effective upon the expiration of the period for which you have paid your membership subscription. Your failure to cancel your account following the posting of notice of any changes will indicate your acceptance of the TOS as changed.
8. CHANGES TO SERVICE. tedthomas.com may change, modify, add, suspend or discontinue, temporarily or permanently, any aspect of the Site at any time, including the availability of any feature, database, or content, with or without notice to you. tedthomas.com may also impose limits on certain features and services or restrict your access to part or all of the Site without notice to you. You agree that tedthomas.com shall not be liable to you or to any third party for any such change, modification, addition, suspension, discontinuance, limitation or restriction.PERMITTED USES AND RESTRICTIONS ON USE OF CONTENT/COPYRIGHT. Whenever used in this Agreement, the term “Content” shall mean any and all articles, databases, software, books, magazines, photographs, images, graphics, illustrations, audio, video, and any other content that is offered to you by or through the Site. Content available through the Site originates from tedthomas.com and a variety of third party providers (each, a “TPP”). tedthomas.com and each TPP is either the owner or an authorized licensee of such Content and each TPP has licensed tedthomas.com to make its Content available to you through the Site. In order to protect and preserve tedthomas.com’s and the TPPs copyrights and other intellectual property rights in their respective Content, you agree to the following with respect to any specific item of Content that you license or purchase through the Site: 1. You will abide by all copyright notices and copyright directives relating to or provided with the Content. 2. You will not, directly or indirectly, reproduce, copy, transmit, distribute, display, publish or print any Content in any form or medium, (ii) sell, loan or license any Content. 3. You will not, in whole or in part, modify, adapt, transform, translate or create any derivative work based on the Content in a manner that would infringe any person’s copyright or other proprietary rights therein. 4. You will not remove any copyright notice from the Content.
9. INTELLECTUAL PROPERTY You agree that Jones & Trevor Marketing, Inc. or its licensor holds all rights, title and interest in all Products and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Product. You understand and agree that all content and materials contained in this Agreement, other policies, the Jones & Trevor Marketing, Inc. Web site, and any affiliated Web sites, materials, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as, any other applicable proprietary rights and laws, and that Jones & Trevor Marketing, Inc. or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Jones & Trevor Marketing, Inc. or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise.
This Site contains or may use proprietary software. You shall have no rights to this proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site (“Site Software”). Unless otherwise specified in a purchase agreement for any Jones & Trevor Marketing, Inc. Software products, you may not copy, distribute, sell, decompile, disassemble, modify, reverse engineer, create derivative works from or otherwise reduce the Jones & Trevor Marketing, Inc. Software or the Site Software.
10. DISCLAIMER OF WARRANTIES. a. YOUR USE OF THE SITE AND ANY AND ALL INFORMATION CONTAINED THEREIN OR AVAILABLE, DIRECTLY OR INDIRECTLY, THEREFROM, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. tedthomas.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b. tedthomas.com MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
c. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM tedthomas.com OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY . YOU EXPRESSLY UNDERSTAND AND AGREE THAT tedthomas.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF tedthomas.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR (iv) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE USE OF INFORMATION CONTAINED THEREIN OR AVAILABLE THEREFROM AT ANY TIME. IN ADDITION, THE AGGREGATE AMOUNT OF tedthomas.com’S LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT OF ANY FEES OR CHARGES PAID BY YOU TO tedthomas.com UNDER THIS AGREEMENT OR THROUGH THE SITE.
12. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
13. LINKS. The Site from time to time may contain links to and from various third party sites on the World Wide Web. You acknowledge that such third party sites are completely independent of the Site and that tedthomas.com has no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site. If you have any questions or concerns about such third party sites, you should contact the site administrator or web-master of the third-party site.
14. COMMUNICATIONS BETWEEN tedthomas.com AND CUSTOMERS. tedthomas.com reserves the right to provide you with information about products and services from tedthomas.com and third party vendors. tedthomas.com also reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site.
15. DISCLOSURE OF USAGE AND DEMOGRAPHIC INFORMATION. tedthomas.com reserves the right to disclose certain information about you. For more information, please read the Privacy Statement.
16. COMPLIANCE WITH LAW/U.S. AND INTERNATIONAL. In view of the global nature of the World Wide Web, you agree to comply with all local laws, rules and regulations, including those governing your use of Content and on-line conduct. Specifically, but without limitation, you shall comply with all applicable laws, rules and regulations regarding the transmission of technical data and software exported from the United States or the country in which you reside.
17. REPRESENTATIONS AND WARRANTIES/INDEMNITY. You represent, warrant and covenant that you are at least 18 years old and that no Materials of any kind submitted through your account will (a) violate or infringe upon the rights of any third party (including copyright, trademark, privacy or other personal or proprietary rights) or (b) contain libelous, defamatory or otherwise unlawful material. You hereby agree to indemnify, defend and hold harmless tedthomas.com, its subsidiaries, affiliates, employees, agents, co-branders and other partners (collectively, the “Indemnified Parties”) from and against any and all liability, damage, cost and expense (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of or relating to (i) the Material you submit, post, transmit or make available through the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) any violation of the TOS by you or any user of your account or (v) a breach of the representations and warranties made by you in this Section 18 or elsewhere in this Agreement. You agree to fully cooperate in the defense of any such claim.
18. TERMINATION BY YOU. You may terminate your account, effective at the end of the period for which you have subscribed to the Site, by calling 321-449-9940. You are responsible for all membership and other fees and charges incurred by you or by any user of your account up to the time the account is deactivated.
19. TERMINATION BY tedthomas.com. You agree that tedthomas.com, in its sole discretion, may terminate your password, your account and/or your use of the Site, and remove and discard any Material within the Site, at any time and for any reason, including, without limitation, for lack of use of the Site or if tedthomas.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. tedthomas.com may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the TOS may be effected without prior notice, and acknowledge and agree that tedthomas.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that tedthomas.com shall not be liable to you or any third-party for any termination of your access to the Site; provided that tedthomas.com refunds to you a pro rata portion of the membership fees paid by you for periods after the effective date of the termination.
20. NOTICES TO YOU. Notices may be sent to you by e-mail, First Class Mail, or Air Mail. tedthomas.com may also provide notices of changes to the TOS or other matters by displaying such notices, or providing links to such notices, on the Site.
21. NO WAIVER/SEVERABILITY. tedthomas.com’s failure to exercise or enforce any right, provision, or remedy hereunder shall not constitute a waiver of such right, provision or remedy. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intention as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
22. ENTIRE AGREEMENT. This Agreement and the TOS stated herein constitute the entire agreement between you and tedthomas.com with respect to your use of the Site and of the products and services that you obtain through the Site. This Agreement merges and/or supersedes any other agreements and understandings between you and tedthomas.com, including any prior versions of the TOS.
23. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party.
24. CHOICE OF LAW/STATUTE OF LIMITATIONS. This Customer Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Florida. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of Florida. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.