When you order services from us these are the terms and conditions that you agree to.
All sales are final and there are No Refunds or Returns.
Payments are always prepaid. Payments via credit card will be processed automatically on or after the 1st, day of the month proceeding the month of service. All invoices shall be due and payable on the date indicated thereon. Thereafter, all accounts will be considered overdue and delinquent if not paid on the due date stated on such invoice. Overdue and delinquent accounts together with any other fees and expenses not paid to Etrafficers, Inc. in accordance with this Agreement may be charged a late fee at the rate of one and one-half percent (1-1/2%) per month, or the maximum rate allowed under applicable law if lower, commencing with the date payment was first due.
Client shall pay to Etrafficers, Inc. the applicable fees, as stated in the Web Site Order or if not noted herein, the fees as shown on Etrafficers, Inc.'s web site shall be controlling. Prices are subject to change by Etrafficers, Inc. at any time.
Should Etrafficers, Inc. implement a price change, the Client will be notified by Email 30 days prior to the price change. If the Client is negatively affected by the price change and desires not to continue services according to the new price set forth, client has the right to cancel services prior to the effective billing period of the price change. Client agrees and authorizes Etrafficers, Inc. to increase his/her monthly or annual payment based upon the new price disclosed and set forth unless cancellation request is received in writing prior to the effective date of the new price change.
Client agrees it shall be financially responsible for all product or service additions ordered through Etrafficers, Inc. web site or the Etrafficers, Inc. staff by telephonic discussion and such telephonic requests/orders shall serve as the only required authorization by Client for all billings submitted for such product or service additions
Declined credit transactions and/or non-receipt of payment by check may result in your service being suspended or canceled on the first day or any day after the unpaid month at issue. If any payment is not received by the due date(s) specified in the payment terms of this contract, Etrafficers, Inc. may, but is not required to, contact you by phone and or email to work out payment arrangements prior to the termination of service. There will be no pro-rated payments accepted or refunds given for partial months of service due to a service(s) suspension/cancellation if payment is received late.
Cancellation of service may be done from within the website admin portal or through email to firstname.lastname@example.org prior to the automatic renewal date of the contract. All contracts that are not canceled prior to their renewal date will be automatically renewed for an additional month term under the same terms and conditions of the previous contract. There shall be no refunds for partial months or months canceled if the client fails to provide advance cancellation notice.
The initial term of this Agreement is one (1) month commencing on the Effective Date / Order Date. Thereafter, the term of this Agreement shall automatically and continually renew for successive terms of one (1) month commencing on the first day of the next month unless either party gives appropriate notice as set forth in the section entitled Cancellation of Services of its intention not to renew, in which event the terms of this Agreement shall expire on the expiration of the then-current term.
During the period that Etrafficers, Inc. provides web site products, services, email or web site access, Client shall not distribute on the Web Site any content that: (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) contains any viruses or other harmful computer programming routines that are intended to damage or interfere with any system, data or personal information; or (c) contains material which Etrafficers, Inc. deems obscene, child pornographic or indecent.
The Service Fees and all other amounts payable to Etrafficers, Inc. hereunder are net amounts to be received by Etrafficers, Inc., exclusive of all taxes, duties, and assessments, and are not subject to offset or reduction because of any costs, expenses, taxes, duties, withholdings, assessments or liabilities incurred by Client or imposed on Etrafficers, Inc. in the performance of this Agreement or otherwise due as a result of this Agreement. Client shall be responsible for and shall pay directly, any and all taxes, duties and charges of whatever kind incurred, including without limitation all sales and use taxes, in the performance of this Agreement. This shall not apply to taxes based solely on Etrafficers, Inc.'s income.
Etrafficers, Inc. grants Client a single user, non-exclusive, revocable, non-transferable license during the term to use Etrafficers, Inc.'s products, services, tools, and modules which are ordered through this agreement. All such licenses shall terminate at the end of the term of this agreement or upon cancellation of the web site products and services provided by Etrafficers, Inc. to the client, whichever occurs first. Client agrees that it shall not, directly or indirectly, in whole or in part, at any time during the term of or after any expiration or termination of this agreement sell, resell, assign, transfer, disclose, distribute, grant a security or other interest in, or otherwise disclose any of Etrafficers, Inc.'s confidential or proprietary information. For purposes of this agreement, confidential and proprietary information shall include but is not limited to Etrafficers, Inc. and its affiliate(s) and/or its subsidiary or subsidiaries website content, tools, scripts, database programming, programming code, object and source codes, know how, business model, road map information about Etrafficers, Inc.'s products, services, modules, clients, leads, loan application data, or any other data received from site visitors, any information relating to Etrafficers, Inc.'s business processes and/or clients that have been obtained or made known to client as the result of client's relation to Etrafficers, Inc., as well as Etrafficers, Inc.'s business plans, strategy plans, sales figures, sales reports, internal memoranda, inventions, software developed by or for the benefit of Etrafficers, Inc. and related data source code and programming information (whether or not patentable or registered under copyright or similar statutes), Etrafficers, Inc.'s marketing methods and related data, client buying and selling habits and special needs, accounting/financial records (including, but not limited to, balance sheets, profit and loss statements, tax returns, payable and receivable information, bank account information and other financial reporting information), marketing strategies, unique methods and procedures regarding pricing, Etrafficers, Inc.'s pricing matrix, bidding and advertising, the names of Etrafficers, Inc.'s vendors and suppliers, information relating to costs, sales or services provided to Etrafficers, Inc. by such vendors and suppliers, the prices Etrafficers, Inc. obtains or has obtained for Etrafficers, Inc. products or services, or any other confidential information regarding the manner of business operations and actual or demonstrably anticipated business, research or development of Etrafficers, Inc. as provided in confidence to client.
Each of the parties to this Agreement is an independent contractor and shall not be considered or deemed to be an agent, employee, joint venture, or partner of the other party. Neither party shall have, or shall hold itself out as having, any right, power or authority to create any contract or obligation, either express or implied, on behalf of, in the name of, or binding upon the other party or shall act in a manner which expresses or implies a relationship other than that of independent contractor.
This Agreement sets forth the entire understanding and supersedes all prior and contemporaneous agreements between the parties relating to the subject matter contained herein and merges all prior and contemporaneous discussions, agreements and understandings, both verbal and written, between them regarding such subject matter. Except as otherwise provided herein, no modifications, additions, or amendments to this Agreement shall be effective unless set forth in a writing referencing this Agreement and signed by a duly authorized representative of the party to be bound thereby. All provisions of this Agreement shall take precedence over any conflicting terms and conditions of any purchase orders, invoices or other instruments which may be issued by either party, unless otherwise agreed by both parties in writing.
Etrafficers, Inc. reserves the right from time to time to amend any of the terms and conditions of this Agreement as posted on its Web Site, or any successor Web Site. Any changes become effective upon posting of the revised terms and conditions on such Web site or other notice to Client. Client's continued use of a Product or Service following any such amendment shall constitute Client's acceptance of such amendment; provided, however, if an amendment has a material adverse effect on Client's use of the Product or Service covered by the amended terms and conditions, Client may terminate such Product or Service without penalty during the thirty (30) days following the effectiveness of such change.
The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Utah as applicable to agreements negotiated, executed and performed in Utah without regard to its conflicts of laws rules, regardless of whether one or more of the parties shall now be or hereafter become a resident of another state or country. The United Nations.. Convention On Contracts For The International Sale Of Goods shall not apply to this Agreement.
Any and all disputes relating to or arising in connection with this Agreement shall be resolved by exclusive, binding arbitration. In such case, both parties agree to the appointment of three (3) arbitrators, with one arbitrator selected by each party, and the third selected by the American Arbitration Association (..AAA.). The arbitration shall be conducted in Utah County, Utah in accordance with the commercial arbitration rules, regulations and procedures of the AAA, and the decision of the arbitration panel shall be final and binding on both parties. Judgment on the arbitrators.. award may be entered by any court having jurisdiction. Each party to this Agreement hereby consents to the jurisdiction and venue of the U.S. federal and Utah state courts located in the county of Utah, in the State of Utah for such purposes.
If any action or proceeding shall be commenced to enforce or interpret this Agreement, including by way of example and not by way of limitation, the act of placing Client's account with a collection agency or hiring an attorney or law firm to recover owed fees or any other right arising in connection with this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party, all reasonable attorneys.. fees, costs and expenses incurred by such prevailing party in connection with such action or proceeding and any negotiations to avoid such action or proceeding.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law; but if any provision of this Agreement is determined by a court of applicable jurisdiction to be prohibited or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, so that the remainder of that provision and all remaining provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute only one and the same instrument. Execution and delivery of this Agreement by exchange of facsimile copies or email copies bearing the facsimile signature of a party hereto or bearing the email of a party hereto shall constitute a valid and binding execution and delivery of this Agreement by such party. Such facsimile or email copies shall constitute enforceable original documents.
WEB SITE PRODUCTS, SERVICES, EMAIL, AND WEB SITE ACCESS ARE PROVIDED BY ETRAFFICERS, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. ETRAFFICERS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WEB SITE PRODUCTS, SERVICES, EMAIL OR WEB SITE ACCESS OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THIS ORDER FORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE PRODUCTS, SERVICES, EMAIL, AND WEB SITE ACCESS IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ETRAFFICERS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ETRAFFICERS, INC. DOES NOT WARRANT THAT ITS SITE, SERVERS, OR E-MAIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ETRAFFICERS, INC. FURTHER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. ETRAFFICERS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS PRODUCTS, SERVICES, EMAIL OR WEB SITE ACCESS INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES REGARDLESS OF NOTICE REGARDING THE SAME. UNDER NO CIRCUMSTANCES SHALL DAMAGES EXCEED THE AMOUNT OF MONEY PAID TO ETRAFFICERS, INC. FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, release, defend, and hold harmless Etrafficers, Inc., its officers, agents, employees or affiliates against any claims, demands, liabilities and damages (including attorneys.. fees), suit or proceeding (i) alleging any breach of the covenants contained in this agreement, or (ii) arising from errors or inaccuracies of the content or functionality of the Client's web site, or (iii) any third party interception or misappropriation of loan data or other confidential information arising out of, or in connection with providing any of the products, services, email or web site access offered therein.
The Clients failure to acknowledge or diligently pursue its indemnification obligations under this paragraph shall not relieve the Client of such obligations.
IN WITNESS WHEREOF, Client's duly authorized representative hereby executes this agreement and hereby agrees to abide by the terms of this agreement.
BY SUBMITTING THIS PAGE, I ACKNOWLEDGE THAT I AM AUTHORIZED TO EXECUTE THIS AGREEMENT AND THAT I AM EITHER AN OFFICER FOR THE CLIENT, A GENERAL PARTNER OF THE PARTNERSHIP OR OWNER OF A SOLE PROPRIETORSHIP WHO HAS AUTHORITY TO AUTHORIZE THE PAYMENT FOR THE SERVICES DESCRIBED IN THIS AGREEMENT.