Terms of Service
The terms of this Agreement ("Agreement"), made between you ("Licensee", "you" or "your") and Master Grabber LLC ("we" or "our"), (hereinafter sometimes referred to as "parties"), and entered into on the date you sign up for your online service ("Effective Date") and continues until you cancel your online service:
All Monies Paid Are Non-Refundable: All monies, fees and obligations paid to or received by us are non-refundable except per the money back guarantee terms.
Support Email Address: Our email address for all support related communication is Support @ MasterGrabber.com.
Subscription Service Fees: Your Subscription Service Fees are paid on a month-to-month basis until you cancel your subscription from your online portal by emailing support. Pricing of the fees are posted in those sections as described when you signed up or when you choose to change your subscription plan. We reserve the right to modify your pricing; however, if we modify your pricing for any reason we will provide you advanced notice and grant you the opportunity to terminate your subscription by the date any new pricing goes into effect. ♦ Agree To Pay All Fees: During the term of this Agreement you agree to pay all fees due and payable by authorizing us to charge your payment method listed herein, or any additional method you provide us in the future, automatically each month or each mailing, as may be determined by the Service provided, for any Subscription Service Fees and for other Services which you may request from us from time to time. ♦ Payment Requests Not Paid: If payment is not received at the time we present a request we may interrupt any Services, at our discretion, until such time as all payments have been received. Additionally, if any payment is not received due to insufficient funds, you authorize us to submit automatic payment requests up to three additional times in about 5 day intervals to collect such payment. If your primary payment method is a checking account and a request for payment is returned unpaid, you authorize us to (1) assess a $30 returned item fee on each returned payment, and (2) change your payment method, at our discretion, to your credit card number on file. ♦ Payment Chargeback: If you process any chargeback you agree to pay all costs incurred by us for each chargeback. If your contract has been terminated and you process a chargeback for any fees collected prior to the contract termination date, then the chargeback will nullify the termination and your contract will remain active as if it had never been terminated. ♦ Paused Services In Event of Unpaid or Defaulted Fees: If you breach this Agreement by defaulting on or missing Subscription Service Fee payments, we reserve the right to pause fulfillment of Services until your breach has been cured. The pausing of Services due to a breach of your payment obligations shall not modify the Term of this Agreement nor the obligation of your payments due. Once your breach has been cured any paid and unfulfilled Services shall be added as an Internal Service Credit usable during the Term of your Agreement.
Termination of Service: You may terminate your service at any time through the online portal of your back office we provide or by contacting support at our email address.
Copyrighted Property: All marketing content we create or modify is copyrighted by us, whether it has been submitted to the U.S. Copyright Office or not. Any content marked as copyrighted by one of our brands or their domains (such as "© AgentDominator.com") is understood to be our copyrighted content, and any content licensed for our use but copyrighted by another entity is to be considered as our copyrighted content for purposes of enforcement of this section. Our copyright includes all postcard designs and layouts, our actual marketing copy headlines and content, and the topical content delivered as a series of communications to prospects (such as, but not limited to, a series of messages sent over one or more postcards or emails, to prospects), videos content, and any other content we create or participate in the creation and/or postediting. You agree not to copy, duplicate or in any way reproduce such copyrighted content, or share it with others. If you breach this section you agree to pay any costs, including legal fees and others, we incur to identify, remedy and cure your breach, as outlined the section in this Agreement concerning costs you agree to bear in the event of your breach of this Agreement. While it’s difficult to place a value on the breach of this section, both parties agree the breach to be a minimum value of $5,000 per incident. An "incident" is defined as each breach of this section. Any amounts due under this section shall accrue at an interest rate of 1.5% per month, or the maximum amount allowed by law, whichever is greater, from the date of each incident. This section shall survive termination of this Agreement.
License of Services: We grant, according to the terms of this Agreement, a personal, non-exclusive license to you to use our Services and our content. This license is granted solely to you and cannot be transferred, rented, assigned, or in any other way conveyed to any other party. You may not provide any other party access to or copies of any of our Services or content without our prior, written approval. We reserve all rights not expressly granted to you in this Agreement.
Internal Service Credits: At times it may be necessary for us to add an Internal Service Credit to your account. This credit is an internal dollar value for any Subscription Service Fee paid without corresponding Services fulfilled by that fee. Internal Service Credits may only be used for Services provided by us during the term of this Agreement or beyond this Agreement's term if agreed to by both parties in writing. Internal Service Credits have no redeemable cash value; any credits remaining at the termination of this Agreement or any subsequent modification of this Agreement shall be forfeited.
Responsibility of Marketing Content: While we attempt to ensure all content meets proper legal and association guidelines, YOU ASSUME FULL RESPONSIBILITY FOR ALL CONTENT USED ON YOUR BEHALF. You agree, therefore, to diligently review all content to ensure they meet any specific guidelines you must abide by. If any do not it is your responsibility to notify us so we may adjust content for you. All content is agreed approved by you unless you contact us prior to production and disapprove the content.
Indemnification: You agree you shall defend, indemnify and hold us, including our directors, officers, employees, representatives, agents and affiliates harmless from and against any and all claims, liabilities, suits, damages, and charges, including litigation expenses and reasonable attorneys’ fees arising from: (i) factual inaccuracies in information either provided by you and/or contained in advertising materials prepared by us and approved by you prior to production, (ii) payments due under any contracts between you and third parties, or claims made by third-parties that relate to this Agreement or seek damages or payments from us arising from this Agreement or our services, (iii) your negligence and (iv) your Breach.
Intellectual Property Rights: You may not use, reproduce or disseminate our trade name or logo or any of our trademarks or service marks except for purposes of promoting our Services to others. You may not commit any act, either directly or indirectly, which may dispute, contest or in any other way impair the rights, interest or title in or to any of our trade names, logos, trademarks, service marks and registered marks. All calls, inbound and outbound, and any video conferences held with us, may be recorded for training and other purposes and you consent to us recording them. For any recordings made together, either before this Agreement was entered into by you or later, you grant us an irrevocable right to use your name, title, likeness, video and voice or written comments in the promotion and/or use of our Services. You agree that any such use of your name, title, likeness, video and voice or written comments is by and through the granting of a valid "works made for hire" and is through a fully paid, assignable and universal license from you to us that is granted herein, and is for our services and our use at our discretion. This section will survive termination of this Agreement.
Modification of Agreement: No modification you make to the terms of this Agreement will be considered binding unless signed or initialed by us prior to the Effective Date of this Agreement. All other modifications you may make to the terms of this Agreement shall be considered void.
Public Information: Any creative ideas, copy, or other information (collectively "Information") you provide us shall be deemed public information unless you mark such Information as "confidential" at the time you provide it to us.
Specific Services Agreed To Be Rendered: The following outlines the full and complete description of services we agree to render for you: (1) printing of our copyrighted postcards, personalized with your information as provided in this Agreement; (2) mailing of those postcards to the mailing lists provided by you at the approximate intervals and times specified in the Agreement or as you may change from time to time with us, and (3) various web-related technologies and/or content that may be included in your Service plan, such as but not limited to the My Smart Resource app. Since postcards can be damaged (crinkled, crumpled, torn, and scuffed) as they go through the USPS sorting equipment and some postcards may not be deliverable as addressed for various reasons, you agree that the full scope of our responsibility for the services rendered under this Agreement is limited to ensuring your postcards are properly printed and mailed. Additionally, if any disputes arise as to the rendering or quality of our services, you agree that (a) we are not responsible for deliverability issues, including damage to the postcards, once the postcards are delivered to the USPS; (b) written communication from our printing/mailing vendor confirming the proper quantities and mailing dates of postcards mailed on your behalf will be complete and satisfactory proof that we printed and mailed your postcards in acceptable condition, as agreed; and (c) the presence of an Internal Service Credit (for which you can use at any time during the term of this Agreement for future Services) equal to the difference in Services owed versus Services rendered, if a discrepancy between the two exists, shall be satisfactory proof that we have acted as agreed. We expressly disclaim and make no warranty as to the "up time" or serviceability of any web-related services we provide, be it a service we host or a third party provider.
Dispute Resolution. Unless you make written application to us and we agree in writing to allow you to bring a small claims lawsuit against us solely in your individual capacity, and except for a breach of contract of any section specified as surviving the termination of this Agreement or due to non-payment of Subscription Service Fees as described in the section Subscription Service Fees (which has its own resolution process), any other dispute, controversy or claim relating to this Agreement that cannot be resolved by agreement of the parties ("Dispute") shall only be resolved by one arbitrator through binding arbitration through the American Arbitration Association ("AAA") in an arbitration to be conducted in Jefferson County, Alabama in accordance with the AAA’s Commercial Arbitration Rules then in effect, as amended by this Agreement. The law applicable to the arbitration, including the administration and enforcement thereof, is the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as amended from time to time. The cost of the arbitration, including fees and expenses of the arbitrator(s), shall be the responsibility of the non-prevailing party. In the event that any arbitration proceedings are commenced, but, for any reason, not concluded, the fees and expenses of the arbitration proceedings shall be the responsibility of the party initiating the arbitration. Arbitration must be initiated within 6 months of the initial date of the dispute, controversy or claim. The arbitrator(s) will not have the authority to apportion liability between the parties, but shall follow the case law, rules of evidence, rules of procedure and the Code of Alabama in any Arbitration or ruling. The arbitrator’s decision must follow the express terms and conditions of this Agreement, and he or she will not have the authority to award any damages or remedies not available under the express terms and conditions of this Agreement; any violation of this sentence shall automatically vacate the arbitrator’s decision and award. The arbitration decision will be presented to the parties in writing, and upon the request of either party, will include findings of fact and conclusions of law. The award may be confirmed and enforced in any court of competent jurisdiction. Any post-award proceedings will be governed by the Federal Arbitration Act. Nothing in this section shall preclude either party from seeking interim equitable relief in the form of a temporary restraining order or preliminary injunction. THE PARTIES EACH EXPRESSLY HEREIN WAIVE ANY RIGHT TO TRIAL BY JURY. The parties each acknowledge that the scope of the work to be performed hereunder necessarily concerns and is impacted by and through ongoing interstate commerce.
Class Action Waiver. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
False, Misleading or Defamatory: You agree that neither you nor any individual who works with you or on your behalf shall make any comments or statements on any subject, either written or orally, that are false, misleading or defamatory about us. While it’s hard to place a damage value on the breach of this paragraph, it is agreed that any breach to have a minimum damage value of $2,300 per post (text or otherwise) and/or comment (made separately or as part of a post discussion). IF THE INCIDENT IS AN ONLINE POST OR COMMENT, THE MINIMUM VALUE IS AGREED TO BE $2,300 PER POST AND/OR COMMENT FOR EACH MONTH THE POST AND/OR COMMENT IS ONLINE UNTIL IT HAS BEEN REMOVED. This section shall survive termination of this Agreement.
Non-Disparagement: During any business relationship such as ours issues may arise that require intervention by us to resolve. Additionally, some issues may not be within our control to resolve, such as when issues with outside service providers are involved. If any issue or incident arises during or even after this Agreement’s term, you agree to immediately notify us via email to our Support email address and allow us a full and complete opportunity to resolve the matter. If you disagree with our resolution or we fail to provide a resolution and you desire to comment to others or post a public comment to others about us in any way, you agree to be bound by the following rules of comment. ♦ Approved Comments: We believe free speech, as long as it gives a clear and accurate portrayal of what actually occurred, is important and essential to society and free enterprise, and because of that we do not desire to prohibit your free speech of making honest comments on any deficiencies or errors that may occur while working with us. Therefore, if you desire to make any comment or post about a deficiency or error with us or our Service, you agree to get your comments approved by us in writing prior to making or posting them. We agree to not unduly deny any request as long as it provides an honest description of what occurred. To that end, both you and we agree to work together, as needed, on such comments to ensure they present a clear, accurate and balanced picture of what actually occurred. ♦ Non-Approved Comments: If we provide a resolution to an issue that you do not agree with, or if we fail to provide a resolution, or if we fail to agree on a comment that you desire us to approve, then you also agree that unless you have taken the disputed issue through the Dispute Resolution process outlined in this Agreement and we have been found at fault and the arbitrator has awarded a damage or remedy against us and in your favor, neither you nor any individual who works with you or on your behalf shall make any comments or statements on any subject, either written or orally, that disparage or otherwise harms our reputation, good will or commercial interest. If we have been found at fault for which a damage or remedy is awarded against us and in your favor, then you agree the only comments and statements made against us shall be pertaining to the subject matter for which you were awarded that damage or remedy, and no other comments or statements on any other subject matter that disparage or otherwise harms our reputation, good will or commercial interest shall be allowed. While it’s hard to place a damage value on the breach of this paragraph, it is agreed that any breach to have a minimum damage value of $2,300 per post (text or otherwise) and/or comment (made separately or as part of a post discussion). IF THE INCIDENT IS AN ONLINE POST OR COMMENT, THE MINIMUM VALUE IS AGREED TO BE $2,300 PER POST AND/OR COMMENT FOR EACH MONTH THE POST AND/OR COMMENT IS ONLINE UNTIL IT HAS BEEN REMOVED. This section shall survive termination of this Agreement.
Agree to pay costs in event of breach: If you breach this Agreement you agree to pay us the value of each breach, or its minimum value, whichever is greater, plus all costs we incur, including legal fees and expenses (including, but not limited to, appellate and post-judgment attorneys’ fees and costs) and internal labor costs billed at our standard hourly rates for client services for the specific team member(s) involved, to identify, remedy, cure and collect on damages due to the breach. This section shall survive termination of this Agreement.
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Subscription: To become a Subscriber so that you can use the service, you must provide us with current, complete and accurate information as requested by the sign-up process on line or in writing on a subscription form. Subscribers will choose a site ID name and a password. You shall not knowingly provide inaccurate information with the intent to create a false identity. You also agree not to provide false or misleading information in the administrative or user portions of the System or your web-site. This includes, but is not limited to providing a false email address in the "from" field of outgoing emails. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activity that occurs within your account and web-site. You agree to notify Master Grabber immediately of any unauthorized use of your account or any other breach of security. You agree that Master Grabber is the Service host and has no responsibility or liability in relation to the business opportunities that you represent as part of your use of the Service. You agree that Master Grabber may rely on any data, notice, instruction or request furnished to Master Grabber by you which is reasonably believed by Master Grabber to be genuine and to have been sent or presented by a person reasonably believed by Master Grabber to be authorized to act on your behalf. You shall notify Master Grabber at our support email of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You are responsible for maintaining the confidentiality of your password and you are responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your Subscription by Master Grabber and referral to the appropriate law enforcement agencies. You acknowledge and agree that you will promptly notify Master Grabber if you are aware of any person who, in your good faith opinion, is or is intending to take unfair advantage of the Service provided by Master Grabber. Master Grabber reserves the right to send email to you for the purposes of informing you of offers, changes or additions to the Service or of any related products and services.
Subscriber Privacy: It is Master Grabber's policy to respect the privacy of its subscribers. Master Grabber will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior permission unless Master Grabber has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Master Grabber; (3) enforce this Service Agreement or protect Master Grabber's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by Master Grabber; (4) respond to a request for identification in connection with claim of copyright or trademark infringement by you or a claim by a third party that you are using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of its subscribers, affiliates and others. Master Grabber's Service transmits your name and email address with each message that you send. You agree that Master Grabber, and its affiliated contractors, may access your account, including its contents, as stated above or to respond to service or technical issues.
Subscriber Conduct: Master Grabber retains the right, at its sole discretion, to determine whether or not a Subscriber's conduct is consistent with the letter and spirit of the Terms and Conditions of this Service Agreement and Master Grabber’s Policies and Procedures and may terminate Service if a Subscriber's conduct is found to be inconsistent with said Terms and Conditions this Service Agreement or Master Grabber Policies and Procedures. Any unauthorized use of the Service or the resale of the Services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your service subscription, account and password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to: (1) Use the Service in connection with chain letters, junk email, pyramid schemes, money games, spamming or any duplicative or unsolicited messages (commercial or otherwise); (2) Harvest or otherwise collect information about others, including email addresses, without their consent; (3) Create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (4)Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; (5) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (6) Libel, defame or slander any person, or infringe upon any person's privacy rights; (7) Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; (8) Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service; (9) Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (10) 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; (11) Interfere with another subscriber’s use and enjoyment of the Service or another entity's use and enjoyment of similar services or engage in any other activity that Master Grabber believes could subject it to criminal liability or civil penalty or judgment.
Forbidden Content: The System will not host, post, promote or link any website which advocates, encourages, endorses, or makes possible any form of, pornography, gambling, pyramid scheme or any type of activity that is unethical, illegal or otherwise objectionable. Subscribers are prohibited from transmitting on or through any of Master Grabber's services any material that is, in Master Grabber's sole discretion, unlawful, obscene, threatening, abusive, libelous, hateful or that encourages conduct which would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. Should Master Grabber discover that your site promotes programs of this type in any form, your Subscription, Service and web-site are subject to immediate suspension or termination without refund and the loss of any database, leads, content, or other material associated with your subscription. Master Grabber, at its sole discretion, reserves the right to restrict any business opportunity from being promoted through the System and associated Services.
Access to Proprietary Software: Subject to the terms and conditions of this Service Agreement, Master Grabber grants you an individual, personal, non-transferable, non-exclusive license (the "License") to access and use its proprietary software only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that Master Grabber and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will cease to use the software. The software is provided "AS IS" and subject to the warranty disclaimers and limitations found in this Agreement.
Responsibility of Content: System content that is the property of Master Grabber and to which Master Grabber has intellectual and copyrights through authorship or acquisition, remains the property of Master Grabber exclusively. Master Grabber does not maintain absolute control over other content, information and data that may pass through its Services, web domain and internet servers from subscribers or others. Subscriber business opportunity links in the Service lead to sites maintained by individuals or organizations other than Master Grabber over whom Master Grabber has no control. Master Grabber provides these links for its subscribers and the inclusion of any link on the Service does not imply any endorsement by Master Grabber of the linked sites, their content or owners. Master Grabber makes no representations whatsoever about any other website which you may access through the Service. When you access a non-Master Grabber web site, it is independent of Master Grabber, and Master Grabber has no control over the content on that website. A link to a non-Master Grabber website does not mean that Master Grabber endorses or accepts any responsibility for the content or the use of such website.
Cancel Account: Due to our automated system, in order to cancel your account, you must send a written request to our support email or via the support center 10 business days prior to your next billing cycle in order to prevent next month’s charge. Please be advised that no refunds may be authorized if request is less than 10 days. Verbal requests may not be honored.
Modify Account: Due to our automated system, in order to downgrade or upgrade your account, you must send a written request to our support email or via the support center 10 business days prior to your next billing cycle in order to prevent next month’s charge. Please be advised that we cannot guarantee the modification will take affect if request in writing is not submitted 10 business days prior to your next billing cycle. Verbal requests may not be honored.
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Failure To Enforce Our Rights: Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.
Headings Disclaimer. The headings or captions used in this Agreement are for reference purposes only and are not intended to be used or relied upon in interpreting or enforcing this Agreement
Governing Law. Each party agrees that this Agreement shall be governed by and construed in accordance with the laws of the state of Alabama, the state in which the Agreement is formed. All claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by and applying the laws of Alabama and excluding Alabama’s choice-of-law principles. Each party irrevocably accepts and submits to the jurisdiction and venue of the courts of Jefferson County, Alabama for disputes excluded from arbitration in the Dispute Resolution section.
Entire Agreement: This Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposed or prior agreements, oral or written, and any other communications between the parties related to our Services and results we provide.
Severability: If a court of competent jurisdiction or arbitrator hired for the Dispute Resolution section finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or unenforceability of any other provision of this Agreement.
Interpretation: If a disagreement arises as to the correct intent or interpretation of any portion of this Agreement, then that portion is agreed to be vague or confusing. If any portion of this Agreement is deemed vague or confusing, we shall have the right to re-write that portion in such a way as to provide clarity of its original intent so that it is no longer vague or confusing.
Limitation of Liability: Each party hereby represents and warrants that it has full power and authority to enter into this Agreement and to perform its obligations hereunder. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, OR LOSS OF ANY REAL OR ALLEGED RESULTS DUE TO DATA, PRINTING OR ANY OTHER ERRORS OR OMMISSIONS THAT MAY BE INCURRED BY US IN PROVIDING SERVICES UNDER THIS AGREEMENT) ARISING OUT OF THIS AGREEMENT. OUR ENTIRE LIABILITY ARISING FROM THIS AGREEMENT, REGARDLESS OF THE ACTION OR CAUSE UNDER WHICH SUCH DAMAGES ARE SOUGHT, WHETHER IN CONTRACT, TORT, OR PAYMENT CHARGEBACKS, ARE AGREED TO NOT EXCEED ANY PRO-RATA AMOUNT WHICH YOU HAVE PAID AND FOR WHICH SERVICES HAVE NOT BEEN RENDERED ACCORDING TO THIS AGREEMENT.
Disclaimer: EXCEPT AS DESCRIBED HEREIN, WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE AMOUNT OF OR VALUE OF RESULTS YOU RECEIVE, OR LISTINGS OR SALES YOU WILL GENERATE AS A RESULT OF BEING A LICENSEE OF OUR SERVICES. WE OFFER OUR SERVICES "AS IS" AND MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SUCH SERVICES OR ANY PRODUCT OR INFORMATION PROVIDED BY ANY MEMBER OF OUR TEAM. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, DOWNTIME OR ERRORS.