By accessing this Site, you are agreeing to be bound by these Site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.
1. Binding Effect
- YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
- You agree to pay, and authorize automatic recurring billing of, the membership fee with your credit card, or other payment methods, until subsequently cancelled. You understand and agree that each automatic recurring billing of the membership fee is not refundable and will not be prorated. You authorize Company to initiate debit entries from the account provided and for the membership fee, as well as any other purchases made on the Site.
- Company reserves the right to change the membership fee from time to time.
2. Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on the Site and all content and software located on the site shall remain the sole property of or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Checkmate Marketing Group LLC.
You must not:
* Republish material from the Site without prior written consent.
* Sell or rent material from the Site.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on the Site for any purpose.
* Redistribute any content from the Site, including onto another website.
3. Acceptable Use
You agree to use the Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
You must not use the Site to send unsolicited commercial communications. You must not use the content on the Site for any marketing related purpose without our express written consent.
4. Restricted Access
We may in the future need to restrict access to parts (or all) of the Site and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of the Site, you must ensure that both your username and password are kept confidential.
- For the purpose of this Agreement, “Confidential Information” shall be deemed to include all information and materials that: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.
- Confidential Information shall include without limitation: this Agreement; all information provided on or through the Site or Service; trade secrets, inventions, research methods, methods of compiling information, methods of creating our database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by us in the conduct of our business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of our customers, potential customers, distributors, and suppliers and their names and contact information, the names and contact information of customer representatives responsible for entering into contracts for our products or services, the amounts paid by customers, specific customer needs and requirements, and leads and referrals to prospective customers; and the structure, sequence, and organization of our database, together with source code and object code; and the identity of our employees, their respective salaries, bonuses, benefits, qualifications, abilities, and contact information.
- You acknowledge and agree that the nature of our confidential, proprietary, and trade secret information to which you have, and will continue to have, access to derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which Company competes. You further acknowledge and agree that, even in complete good faith, it would be impossible for you to work in a similar capacity for a competitor of ours without drawing upon and utilizing information gained pursuant to this Agreement.
- You acknowledge that you are receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from the Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to promote your business, and that you will use best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.
- The obligation of confidentiality shall not apply to any particular portion of Confidential Information which: (a) was in the public domain when we granted access to you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was in your possession free of any obligation of confidence at the time of the disclosure by us; (d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to you; (e) was developed by you independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from us; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify us before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.
- You agree not to alone or in association with others use Confidential or trade secret information to (a) solicit, or facilitate any organization with which you are associated in soliciting, any employee or customer of ours to alter its relationship with us; (b) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which Company is associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by us at any time during the term of this Agreement (provided, that this clause (b) shall not apply to any individual whose employment with us was terminated for a period of one year or longer); or (c) solicit business from or perform services for any customer, supplier, licensee, or business relation of ours, induce or attempt to induce, any such entity to cease doing business with us; or in any way interfere with the relationship between any such entity and us.
- You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that Company may determine recover five thousand dollars ($5,000) as the amount of damages sustained by reason of each such breach, without prejudice to Company’s right to also seek injunctive or other equitable relief.
- Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.
- You agree that all originals and any copies of the Confidential Information remain the property of Company. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession or control to us at our request.
6. Alleged Violations
You hereby agree to indemnify and hold harmless Checkmate Marketing Group LLC and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, contractors, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your website, including, without limitation, content therein not attributable to us.
9. Severability; Waiver
11. REFUNDS, PAYMENTS, FRAUD & CHARGEBACKS
Your credit/debit card and other billing information is held on file until all services are completed or canceled. You understand and accept that the Company will bill your credit/debit card on file for monthly services that you have signed up for until you have canceled with at least 30 days written notice (some services may require up to 60 days written notice to cancel). You understand and accept that the Company will bill your credit/debit card on file on a project by project basis for any fees due if the project invoice has not been paid within 30 days of the invoice date.
The Company reserves the right to attempt a re-charge of a declined credit/debit card periodically, at any time and for any number of attempts, to collect amounts outstanding on your account. Additionally, if the primary credit/debit card on file with your account is declined, the Company reserves the right to charge any of the other credit/debit cards you may have on file with your account. The Company is not responsible for overdraft or other penalties/fees a customer may incur for such charges (or attempted charges). In any collections action, the person listed under the Billing Information of an account is ultimately responsible for payment. The Company reserves the right to use a collection agency and any other means necessary to recover lost assets or any payments due. All accounts sent to collections are subject to an additional $25.00 fee.
You agree that you will not file a chargeback with your bank, credit card company or other financial institution for payments made in connection with products and services offered through the Site or related websites owned or operated by Company. You agree that you may be held liable for repayment to Company for fees and penalties assessed to Company for filing a chargeback against Company.
You agree that you will not file a Paypal dispute or Paypal claim with Paypal for payments made in connection with products and services offered through the Site or related websites owned or operated by Company. You agree that you may be held liable for repayment to Company for fees and penalties assessed to Company for filing a Paypal dispute or Paypal claim against Company.
You agree to abide by the Company’s refund policy. A complete statement of Company’s current refund policy can be found here: hhttp://checkmatemedia.com/refunds//. Company’s refund policy is expressly incorporated into this Agreement by this reference.
You agree that you will contact Company directly in writing, such as through the contact form on the Site, to deal with any issues related to refunds, billing or payments.
Please Contact Us at http://checkmatemedia.com/contact/ so we can assist you with refunds, billing questions, payment issues, suspected fraud and transactions not authorized by you.
12. EARNINGS DISCLAIMER
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES AND THEIR POTENTIAL. IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE SERVICES, PRODUCTS, TECHNIQUES AND/OR IDEAS IN THIS MATERIAL OR ON THIS WEBSITE OR THROUGH SERVICES OR PRODUCTS PROVIDED ON THIS WEBSITE. INFORMATION, SERVICES AND PRODUCTS PRESENTED ON THIS WEBSITE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR SERVICE, PRODUCT, IDEAS AND/OR TECHNIQUES.
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE SERVICE, PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, CAPTURE PAGES, SALES FUNNELS, FOLLOW UP, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYONE ELSES. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR SERVICE, PRODUCTS, IDEAS AND/OR TECHNIQUES IN OUR MATERIAL.
13. Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL CHECKMATE MARKETING GROUP LLC OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS.
14. Governing Law
Any rights not expressly granted herein are reserved.