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Company Communication
Company utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby acknowledges and grants Company permission to communicate with customer via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant. Company will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers. Company assures customer that under no circumstances will it knowingly share personal and/or email information with any third party.
Unsolicited Commercial Email (Spam)
Company prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email services that Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and
Conditions. Company has the right to revoke the privileges of any customer or company that breaches these terms.
Third-Party Services
Any dealings or communications you have through happilyhomebased.com with any party other than Company are solely between you and that third party. For example, certain areas of Websites may allow you to conduct transactions with third parties or purchase goods or services from third parties. You understand, acknowledge, and agree that under no circumstances will Company have any liability related to any goods, services, resources or content available through such third-party dealings, or for any information that you provide to third parties, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party. It is solely your responsibility to determine whether you have purchased a service through a third party. All customer service and billing issues must be handled through the individual affiliate publishers, not Company.
User-Provided Information and Content
For all such information and material, you grant Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information, to use your name and any other information in connection with its use of the material you provide. You also grant Company the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note Company does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Company. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Company and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
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Customer agrees to pay for all products ordered through the happilyhomebased.com website, or via happilyhomebased.com employees, using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all Deliverables to the customer.
For arrangements whereby Customer enters a monthly budget, charges for all leads generated within the budget amount will be charged at a discounted lead rate. Customer credit card on file will be charged for the number of generated leads on the first of the following month. If Customer budget amount is met within any given month, and Customer elects to not increase their budget within said month, leads will continue to be generated, but will be optionally available for purchase on a per lead basis at the standard rate, no discounts to pay-per-lead apply.
Leads purchased on a pay-per-lead basis will be charged to Customer’s credit card when Customer submits the purchase.
Featured advertisements will be charged to Customer’s credit card per individual agreement between happilyhomebased.com and Customer.
Company reserves the right to change its fees or billing methods at any time. Company will provide timely notice to the affected Customers of any such changes. It is Customer's responsibility to promptly provide Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
Refunds
Happilyhomebased.com guarantees all leads to meet the following conditions.
• Customer must be able to contact lead within 10 days by phone or email.
• Lead submission must meet Customer’s location and investment level parameters as indicated on Customer’s business opportunity profile page. Happilyhomebased.com will not grant refunds for leads based on any other criteria. Accurate location and investment level parameters are the sole responsibility of the Customer.
Refunds can be requested in the Customer’s dashboard on happilyhomebased.com where a refund request link is provided on their lead detail page. The lead guarantee and refunds only apply to leads, and not to Featured Advertising Upgrades. No explicit or implied guarantees apply to Featured Advertising Upgrades.
Customer may cancel advertisement by logging in to their account. All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account.
Free Trials
Periodically, Customers may be offered free trials of the Services. You are bound by these Terms during a free trial. There are no refunds associated with products or services received by you during a free trial. You acknowledge that you shall not re-use any free trial codes or access free trials for more than one business listing, for one trial period. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with this Section.
Termination
You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we 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 Services if you have breached violated or acted inconsistently with the Terms. You understand, acknowledge and agree that we shall not be liable to you or any third party for any termination of your password, account, access to or use of the services pursuant to this section. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
Modifications to the Services
We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the "look and feel" of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. If you object to any modification to the services following notice of and/or posting as part of these terms of any such modifications shall indicate your acknowledgement of such modifications and satisfaction with the services as so modified.
Other Rights of Company
Customer agrees that Company shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by Company customers and partners. Company shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Company shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. Company reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted on Websites and available for review.
Seller Provisions
Happilyhomebased.com is for the sale of franchises and/or business opportunities. Company strictly prohibits the offering any form of shares, bonds, securities, collective investment schemes or anything similar via Websites.
Company provides Websites that give you the opportunity to advertise the sale of your business opportunity or franchise. Company does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this Websites. Company strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.
Customer represents and warrants that all Businesses and associated information provided by Customer will be accurate.
If you are contacted by a third party through your use of Websites who appears to be non bona-fide or who acts dishonestly or incorrectly in any way or who contacts you for any other purpose than to negotiate the purchase of the item you have advertised such as sale of its services, you will contact Company.
You warrant that the content of the advertisement you place on Websites will be true and accurate and hereby agree to indemnify Company for any claims, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of Websites.
Company reserves the right to refuse to upload any business listing if we, in our reasonable opinion, consider such listing improper, fraudulent or otherwise not bona fide. Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the listings posted on the happilyhomebased.com Websites.
Customer agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Company Websites. Company shall have the sole authority to choose the manner in which any Business will be searched, displayed, accessed, downloaded, copied, and otherwise used on the happilyhomebased.com Websites and shall have the right to modify the business listing in the exercise of its rights under this Agreement.
Company reserves the right to edit any business listing if we, in our reasonable opinion, believe such editing will improve the quality of the Websites.
The decision where to place a listing within the index of business categories shall be at the sole discretion of Company.
Customer agrees not to submit any business descriptions, photographs, financial, contact or other information contained in each business's data to
Company unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business on Company Websites.
DISCLAIMERS, Limitation of Liability, and Indemnification
Use of HappilyHomeBased.com is at your own risk. All services are provided "as is" and "as available". Websites contain facts, views, opinions, statements and recommendations of Company and third-party individuals and organizations. Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Websites. Any reliance upon such opinion, advice, statement or information is at your sole risk. Neither any of their affiliated nor related companies, nor any of the employees, agents, content providers, service providers, or licensors of any of them, makes any warranty of any kind regarding the content contained therein; the services; any advertising material, information, or content; third-party brokerage services; products or services available on or through; and/or the results that may be obtained from using services. All express or implied warranties, including without limitation warranties of merchant ability and fitness for a particular purpose, warranties against infringement, and warranties that will meet your requirements or be uninterrupted, timely, secure or error free, are specifically disclaimed.
Company and its affiliates and related companies are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect your computer equipment or other property.
In no event shall Company or it's affiliate, employees, agents, content providers, service providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to loss of data, loss of good will, profits, or commercial opportunities.
Customer's exclusive remedy and Company's entire liability under this Agreement shall be a refund to Customer of the fees paid to Company hereunder, and in no event will Company's liability for any reason exceed such fee.
To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law. Some jurisdictions do not allow the exclusion of certain implied warranties, so certain of the above exclusions may not apply to you.
The terms and this agreement provide that all disputes between you and Company will be resolved by binding arbitration. Accordingly, you give up and waive your right to go to court to assert or defend your rights or have your dispute heard by a jury. You also give up your right to participate in or bring class actions. An arbitrator, not a jury or judge, will determine your rights.
Miscellaneous
The laws of the State of California, without reference to conflict of laws principles, shall govern this Agreement, and the Deliverables provided by Company. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Orange County, California. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Company, which retains the right to withhold consent at Company's sole discretion. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt.
Last Updated: October 22, 2008 |
