| Services Agreement Terms and Conditions
in Plain English
GENERAL
By checking the "I agree to the Terms and Conditions" box in
the activation page and / or by using the Tell-a-Friend Wizard Web Site
(the "Site") and or Web site monitoring services or other services
provided by Tell-a-Friend Wizard (the "Service" or "Services"),
you agree to be bound by the Tell-a-Friend Wizard Services Agreement Terms
and Conditions (the "Agreement" or "Terms and Conditions")
and the Tell-a-Friend Wizard Privacy Policy, referred to collectively
as the "Rules". Please read the Rules before activating an account
with Tell-a-Friend Wizard or using the Tell-a-Friend Wizard Web site.
If you do not agree to the Terms and Conditions and to be bound by the
Rules you should discontinue your use of the Tell-a-Friend Wizard services.
Your Tell-a-Friend Wizard account will not be activated or your Service
will be terminated, as applicable. If at any time you do not agree to
be bound by these Rules and the scope of the Tell-a-Friend Wizard services
you should immediately end your use of Tell-a-Friend Wizard services.
Tell-a-Friend Wizard may change the Rules and the scope of the Tell-a-Friend
Wizard services in whole or in part, at any time without notice. Such
changes will be posted on the Tell-a-Friend Wizard site and such posting
will constitute notice to you. Links to the Rules can be found on the
Tell-a-Friend Wizard home page, located at http://www.Tell-a-Friend-Wizard.com.
Each time before using the Tell-a-Friend Wizard services, you agree to
review changes to the Rules and, if any change is not acceptable to you,
you agree to terminate use of Tell-a-Friend Wizard services. Your continued
use of Tell-a-Friend Wizard services after the posting of any such change
constitutes your acceptance of all the changes. This Agreement is hereby
entered into between Tell-a-Friend Wizard and the party executing this
Agreement ("Subscriber") on the following terms and conditions.
Whereas Tell-a-Friend Wizard provides Web site monitoring Services and
the subscriber wishes to use Tell-a-Friend Wizard's Service, the parties
agree as follows:
LIMITATION OF LIABILITY
All Subscribers are required to abide by the Rules. By activating an account,
you become a Subscriber. You then agree to indemnify and hold harmless
Tell-a-Friend Wizard for any loss, liability, and damage arising from
or in connection with the contents or service of any Tell-a-Friend Wizard
Service. Tell-a-Friend Wizard is not responsible, directly, indirectly
or consequentially, for the content or the suitability of the information
contained in the email alerts and reports generated by Tell-a-Friend Wizard
or in the My Tell-a-Friend Wizard information and reports included on
the Tell-a-Friend Wizard Web site. Tell-a-Friend Wizard has exercised
reasonable care to ensure that the information in the email alerts and
reports generated by Tell-a-Friend Wizard is correct and accurate based
on the input collected. Tell-a-Friend Wizard does not accept liability
for any damage direct, indirect or consequential for the use of the services
or information associated with the Web sites monitored by Tell-a-Friend
Wizard nor does Tell-a-Friend Wizard accept any responsibility and / or
liability, directly, indirectly, or consequentially, for failures or omissions
with regard to the alert notifications email reports. The Subscriber agrees
that Tell-a-Friend Wizard is not liable for any monetary amount with regard
to the Standard (free) services. The subscriber agrees that Tell-a-Friend
Wizard is not liable for any monetary amount in excess of the fees paid
to Tell-a-Friend Wizard by Subscriber during the preceding twelve months
with regard to the Fee-based (paid) services. In no event shall Tell-a-Friend
Wizard be liable, whether in contract, tort (including negligence) or
otherwise, for any indirect, incidental or consequential damages (including
lost savings or profit, lost data or business interruption even if Tell-a-Friend
Wizard is notified in advance of such possibility). This includes damages
incurred by the subscriber, the subscriber's own customers or any third
party. Tell-a-Friend Wizard disclaims all warranties, expressed or implied,
including warranties of merchantability or fitness for a particular purpose
in connection with this. Tell-a-Friend Wizard currently offers a Standard
Service at no cost to Subscribers as well as fee-based Services.. Although
Tell-a-Friend Wizard presently has no plans to discontinue the Standard
Service or the fee-based Services or to change the price of the fee-based
Services, Tell-a-Friend Wizard does not guarantee that it will continue
to offer the Standard Service at no cost or the fee-based Services at
the current price to Subscribers in the future. Tell-a-Friend Wizard reserves
the right to discontinue or modify the Standard Service and to change
the price of the fee-based Services without notice to the Subscriber other
than by disclosure on the Tell-a-Friend Wizard Web site.
REFUNDS, CREDITS AND CANCELLATIONS
The Standard Service is provided at no cost to the Subscriber. The fee-based
Services are based on a monthly fee paid via the Subscriber's credit card.
Tell-a-Friend Wizard does not issue credits or refunds in the event of
a change in services requested or cancellations. The cost to track and
issue credits or refunds would be relatively high and the benefit would
be relatively low considering the nominal monthly fees.
FORCE MAJEURE
Except for Subscriber's payment obligations, neither party will be liable
for any failure or delay in performing any obligation under this agreement
that is due to causes beyond its reasonable control, such as natural catastrophes,
government acts or omissions, laws or regulations, labor strikes, communications
systems breakdowns, hardware or software failures, transportation stoppages
or slowdowns, or the inability to procure supplies or materials.
ENTIRE AGREEMENT AND MODIFICATIONS
The terms of this agreement constitute the entire agreement between Tell-a-Friend
Wizard and the Subscriber regarding its subject matter and its terms supercede
any prior or simultaneous agreement or terms, whether oral or written.
Except as provided herein, any waiver, modification, or amendment of any
provision of this Agreement will be effective only if in writing and signed
by the parties herein.
NO ASSIGNMENT
Subscriber may not assign, resell, or license this agreement or the Services
provided hereunder, without the prior written consent of Tell-a-Friend
Wizard.
Services Agreement Terms and Conditions in Legal Terms
1.0 - General
Tell-a-Friend Wizard.com Corp. ("Tell-a-Friend Wizard") reserves
the right to prohibit any conduct or to remove any materials or content
in violation of the Rules or which Tell-a-Friend Wizard believes in its
sole discretion to be illegal or potentially harmful to others or may
expose Tell-a-Friend Wizard to harm or liability. Tell-a-Friend Wizard
may suspend or terminate your use of Tell-a-Friend Wizard Services if
it determines that you have failed to comply with any of the Rules. Tell-a-Friend
Wizard reserves the right to take or terminate the use of any user name
or email address at any time. This agreement will be governed by and construed
in accordance with the laws of the State of Delaware. Each party consents
to the exclusive venue and jurisdiction of the appropriate courts in Delaware
for any disputes under this agreement.
2.0 - Tell-a-Friend Wizard Obligations
Tell-a-Friend Wizard Services. Subject to the Rules, and such other regulations
that Tell-a-Friend Wizard may adopt from time to time, Tell-a-Friend Wizard
will provide Subscriber with Standard or Fee-based tell-a-friend services.
Tell-a-Friend Wizard retains the right to suspend or terminate use of
the Tell-a-Friend Wizard Service at any time for any reason, without notice,
and nothing herein shall be construed to limit that right. Collection
and Use of Personal Information. Tell-a-Friend Wizard will collect, store,
compile and utilize information about you, your computer and your use
of the Tell-a-Friend Wizard Services in accordance with the terms of the
Privacy Policy. Tell-a-Friend Wizard does not rent or sell your Personally
Identifiable Information to anyone without your express permission. Tell-a-Friend
Wizard does not collect or use any information about you except for the
information that you provide or is publicly available, and this information
is used solely to make the services provided more relevant to your interests.
Tell-a-Friend Wizard provides both free and fee-based services. The free
services are supported by our advertisers and sponsors. By becoming an
Tell-a-Friend Wizard Subscriber, you agree to receive email communications
including monitoring alerts, weekly reports, announcements, updates and
other carefully screened special offers and promotions. This is essential
to maintaining certain services free to our subscribers. Subscribers may
expect to receive no more than two special offers or promotions per month.
Tell-a-Friend Wizard handles all e-mail delivery internally to assure
your privacy. If you do not wish to view and receive such communications,
you may cancel your account at the My Tell-a-Friend Wizard section of
our web site or by following the instructions at the end of the e-mail
you receive from Tell-a-Friend Wizard. If you do this, your account will
automatically be terminated and you will receive no further service or
contact from Tell-a-Friend Wizard. However, Tell-a-Friend Wizard will
not disclose your name, address, telephone number, credit card number(s),
e-mail addresses or other personal identifying information, unless you
give Tell-a-Friend Wizard consent to do so or except as may be required
by law. Please refer to the Privacy Policy for the Tell-a-Friend Wizard
privacy policies and information practices.
3.0 - Your Obligations
Completion of Tell-a-Friend Wizard activation forms. In exchange for Tell-a-Friend
Wizard providing the Tell-a-Friend Wizard Services without charge, you
agree to provide Tell-a-Friend Wizard with accurate and complete information
it may request, from time to time, through questionnaires, surveys and
activation forms. Minors. If you are less than 18 years old but older
than 12 years old, you should obtain your parent's permission to use the
Tell-a-Friend Wizard Services. If you are less than 13 years old, you
are not allowed to use the Tell-a-Friend Wizard Service without providing
Tell-a-Friend Wizard with your parent's consent in the form required by
Tell-a-Friend Wizard. Parents may read further information and obtain
the Parental Consent Form by going to our Privacy Statement section entitled
"Special Notice to Parents About Children Under Age 13." If
you are a parent permitting a minor to use Tell-a-Friend Wizard Services,
you agree to: Exercise supervision over the minor's use of Tell-a-Friend
Wizard Services and access to the Internet. Assume all risks associated
with the minor's viewing of content received through use of Tell-a-Friend
Wizard Services and the minor's transmission of materials, content, or
information to another person via the Internet. Assume any and all liabilities
resulting from the minor's use of Tell-a-Friend Wizard Services. Ensure
to the fullest extent possible the accuracy and truthfulness of all information
submitted by the minor in response to Tell-a-Friend Wizard questionnaires,
surveys and Activation Forms. Tell-a-Friend Wizard provides information
on the Tell-a-Friend Wizard Site regarding parental control software available
through various third party vendors, but you should know that such software
is not completely effective in preventing minors' access to material that
is unsuitable for children. Tell-a-Friend Wizard does not endorse any
of these third parties and makes no representation as to them or their
software. Activation Information. You must register for Tell-a-Friend
Wizard Services using your own name. During activation, you will be asked
to provide the name or number you wish to use as your login identification.
If the login identification you request is not available you will be asked
to supply another login identification. Tell-a-Friend Wizard reserves
the right to verify the accuracy of the information you submit in connection
with your activation for Tell-a-Friend Wizard Services (including, without
limitation, performing cross tabulations with external databases) and
you hereby consent to Tell-a-Friend Wizard's verification of such information.
Other Charges. You are responsible for any and all charges related to
your use of Tell-a-Friend Wizard services, including, but not limited
to, all calls you make to Tell-a-Friend Wizard's Customer Service lines.
Use of your Tell-a-Friend Wizard Account. You are responsible for all
use of your Tell-a-Friend Wizard Services and for the security of your
login identification, your password and any security lock code that you
use to protect access to your data, Tell-a-Friend Wizard personal profile,
your file name(s) and files, network and user access, and any information
you disseminate through use of Tell-a-Friend Wizard Services or through
other Internet services. No Resale of Tell-a-Friend Wizard Services and
Tell-a-Friend Wizard Site. The Tell-a-Friend Wizard Services are for use
of registered Subscribers only and may not be copied, resold, leased,
transferred, exchanged or bartered. You must not use this service in any
way that causes an unreasonable load on the system or deviates from its
intended use. You must not set up any automated programs to interact or
act upon our systems without prior written consent from Tell-a-Friend
Wizard. You must not cause an unreasonable or unwanted load on any third
party systems. Upon acceptance of these terms, you have a nonexclusive
license to use the Service. You agree not to modify, change, disassemble,
decompile or otherwise reverse engineer any software or service provided
by Tell-a-Friend Wizard. You must not cause or allow robots or other automated
processes to act upon or interact with Tell-a-Friend Wizard's Web site
or systems or user interfaces without prior written consent from Tell-a-Friend
Wizard. Use of Data. Subscribers and all visitors agree that all data
generated by the services are for Subscriber's internal use and reference
only. If Subscribers use the Tell-a-Friend Wizard services to monitor
Web sites or devices, which Subscriber does not directly own, Subscriber
agrees not to publish or otherwise disclose data acquired about such Web
site or device. Duplicate Accounts. Subscribers may not create or activate
duplicate accounts without prior written consent. Links to Third Party
Sites. The Tell-a-Friend Wizard Site contains links to other sites on
the Internet that are owned and operated by third parties. In some instances
these sites are co-branded and the third parties are entitled to use Tell-a-Friend
Wizard's name and logo on these sites. Tell-a-Friend Wizard does not always
control the information, products, or services on these third party sites.
The inclusion of any link does not imply endorsement by Tell-a-Friend
Wizard of the site or any association with their operators. Because Tell-a-Friend
Wizard has no control over such sites and resources, you agree that Tell-a-Friend
Wizard is not responsible or liable for the availability or the operation
of such external sites, for any material located on or available from
any such sites, or for the protection of your privacy data by third parties.
Any dealings with or participation in promotions of advertisers on our
Service, including the payment and delivery of related goods or services,
and any other terms, conditions, warranties, or representations associated
with such dealings or promotions, are solely between you and the advertiser
or other third party. You further agree that Tell-a-Friend Wizard shall
not be responsible or liable, directly or indirectly, for any loss or
damage caused by the use of or reliance on any such material available
on or through any such site or any such dealings or promotions.
4.0 - Your payment obligations
You understand and agree that fees for services will be billed to the
credit card you provide on the Site on a monthly basis as disclosed on
the checkout page of the Site. If your credit card is not valid or if
payment is not made for any reason the subscriber will be considered in
default under the Agreement. If any payment due to the Company under this
Agreement is not paid when due, Subscriber agrees to pay interest on the
past due amount on a daily basis from the due date until the date paid
at a rate equal to the lesser of 1.5% per month or the maximum rate allowed
by law. Refunds, Credits and Cancellations. The Standard Service is at
no cost to the Subscriber. The Fee-based Service is based on a monthly
fee paid via the Subscriber's credit card. Tell-a-Friend Wizard does not
issue credits or refunds in the event of a change in services requested
or cancellations. The cost to track and issue credits or refunds would
be relatively high and the benefit would be relatively low considering
the comparatively low monthly fees. Automatic renewal. This Agreement
will automatically renew at the monthly service price unless Subscriber
cancels the account on the Site or sends written notice that he or she
does not want it to renew at least fifteen (15) days before the end of
the month. The Company may cancel the automatic renewal term by sending
Subscriber written notice that the Company does not want the Agreement
to renew, at least fifteen (15) days before the end of the month.
5.0 - INDEMNIFICATION OF TELL-A-FRIEND WIZARD
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TELL-A-FRIEND WIZARD AND ITS SPONSORS,
ADVERTISERS, PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM
AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS)
(COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR
BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF TELL-A-FRIEND
WIZARD SERVICES THROUGH THE TELL-A-FRIEND WIZARD ACCOUNT ASSIGNED TO YOU,
EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM TELL-A-FRIEND WIZARD'S
OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE
ANY TERMINATION OF TELL-A-FRIEND WIZARD SERVICES PROVIDED TO YOU.
6.0 - WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE THAT TELL-A-FRIEND WIZARD SERVICES ARE PROVIDED "AS
IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY
OF THE TELL-A-FRIEND WIZARD SERVICES OR WITH RESPECT TO THE QUALITY OR
ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF
TELL-A-FRIEND WIZARD SERVICES OR THAT TELL-A-FRIEND WIZARD SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE. TELL-A-FRIEND WIZARD DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET
ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, PRODUCTS OR SOFTWARE SOLD
OR OTHERWISE MADE AVAILABLE ON THIS SITE. TELL-A-FRIEND WIZARD IS PROVIDING
A SERVICE REMOTELY VIA THE INTERNET AND MULTIPLE PUBLIC AND PRIVATE FACILITIES,
SOME OF WHICH ARE NOT WITHIN OUR CONTROL. THE COMPANY DOES NOT GUARANTEE
THE QUALITY OR CONDITION OF THE SERVICE. TELL-A-FRIEND WIZARD DOES NOT
GUARANTEE YOUR SERVICES WILL BE ACTIVE AND AVAILABLE 100% OF THE TIME
AND WILL NOT BE HELD LIABLE FOR ANY LOSSES IN THE EVENT THAT THERE IS
A SERVICE FAILURE.
7.0 - LIMITATION OF TELL-A-FRIEND WIZARD'S LIABILITY
IN NO EVENT SHALL TELL-A-FRIEND WIZARD BE LIABLE UNDER ANY SECTION OF
THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS
OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS
OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TELL-A-FRIEND WIZARD
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TELL-A-FRIEND
WIZARD SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS,
SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL TELL-A-FRIEND WIZARD'S LIABILITY
TO YOU EXCEED ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH
BY YOU TO TELL-A-FRIEND WIZARD, WHICHEVER IS LESS. NO ACTION, REGARDLESS
OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE TELL-A-FRIEND WIZARD
SERVICES MAY BE BROUGHT BY YOU OR TELL-A-FRIEND WIZARD MORE THAN ONE (1)
YEAR AFTER THE EVENT, WHICH GAVE RISE TO THE CAUSE OF ACTION, HAS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE
THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TELL-A-FRIEND
WIZARD'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
8.0 - Default and Remedies
The subscriber will be in default under this Agreement if there is any
one or more of the following actions: Failure to pay any amount when due
(subject to a 10-day grace period for subscribers in North America, and
a 21-day grace period for subscribers outside of North America). Subscriber
fails to comply with any provision of this Agreement. Any representation
made by subscriber in this Agreement is or becomes untrue. If subscriber
is in default in any way, the Company may immediately take any one or
more of the following actions Declare all unpaid amounts due and payable.
Terminate this Agreement with respect to all or any part of the Services.
Take any other lawful action the Company may deem appropriate to obtain
damages for subscriber's breach.
9.0 - Miscellaneous
Liability Limitation. Tell-a-Friend Wizard shall not be liable for nonperformance
or delay in performance caused by any reason, whether within or outside
of its control. Legal Actions. These Rules will be governed by and construed
in accordance with the laws of the State of Delaware. The exclusive personal
jurisdiction of and venue for all disputes arising out of these Rules
shall be the state and federal courts located in the State of Delaware,
USA and you consent to such exclusive jurisdiction and waive all objections
to such jurisdiction and venue. Severability. If any provision of these
Rules is held to be unenforceable for any reason, such provision shall
be reformed only to the extent necessary to comply with applicable laws,
and the remainder shall remain in full force and effect. No Waiver. Any
failure of Tell-a-Friend Wizard to enforce any provision of these Rules
shall not constitute a waiver of any rights under such provision or any
other provision of these Rules. Compliance with laws. Subscriber will
comply with all state and federal laws, rules, regulation and tariffs
regarding any specific applications and use of the Services. Sales/use
Taxes. You will pay all sales or use taxes. Subscriber will also pay all
other local, state or federal taxes arising out of his use of Services
(excluding any income taxes), and you will provide Seller with written
proof of payment upon request. If you fail to pay any taxes, charges or
fees, the Company may at its option, pay the applicable taxes, charges
and fees, and subscriber will reimburse the Company for those payments.
Force Majeure. Except for Subscriber's payment obligations, neither party
will be liable for any failure or delay in performing any obligation under
this agreement that is due to causes beyond its reasonable control, such
as natural catastrophes, government acts or omissions, laws or regulations,
labor strikes, communications systems breakdowns, hardware or software
failures, transportation stoppages or slowdowns, or the inability to procure
supplies or materials. Entire Agreement and Modifications. The terms of
this Agreement constitute the entire agreement between Tell-a-Friend Wizard
and the Subscriber regarding its subject matter and its terms supercede
any prior or simultaneous agreement or terms, whether oral or written.
Except as provided herein, any waiver, modification, or amendment of any
provision of this Agreement will be effective only if in writing and signed
by the parties herein. No Assignment. Subscriber may not assign, resell,
or license this agreement or the Services provided hereunder, without
the prior written consent of Tell-a-Friend Wizard. You acknowledge and
agree that you have read the Rules and understand and accept their terms.
10.0 - How to Contact Us
Specific questions about these Rules should be directed to: customerservice@Tell-a-Friend-Wizard.com
A list of ways to contact Tell-a-Friend Wizard is available at http://www.Tell-a-Friend-Wizard.com/.
11.0 - Copyright Notice
Except where otherwise noted, all site content is copyright (c)2000-2001
Thralow.com Inc., ALL RIGHTS RESERVED. For a request to reuse any content,
please contact Tell-a-Friend Wizard at Privacy@Tell-a-Friend Wizard.com
This site contains links to information maintained by other entities,
including our partners, advertisers and other third parties. Tell-a-Friend
Wizard does not provide any warranty about the accuracy or source of such
information. All trademarks used or referred to on this site are the property
of their respective owners. Tell-a-Friend Wizard Services Agreement Terms
and Conditions in Legal Terms
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