The
terms and conditions of your use of our network are
based on sound business principles. All members
agree, as part of their membership, to receive email
from Debtmonitor, Inc and theXchange for
communication purposes regarding related membership
business and also marketing of collection industry
products or services.
Online
Membership Agreement
Welcome
to theXchange! Your membership
term is for one year from the date you sign up. Your
membership will automatically renew each year on the
anniversary date of your joining unless you cancel
your membership by sending us a letter in writing at
least 30 days prior to renewal, indicating that you
no longer wish to be a member of theXchange. We
reserve the right to discontinue, suspend or modify
your membership at any time for breach of membership
terms and conditions. We also reserve the right to
delete all data files and/or text listings of your
company associated with your membership and/or other
information you may have on our network if you
breach any membership terms or conditions herein.
We
do not allow any adult content, obscene use of
language, violence, objectionable material, or
anything which might be offensive to our viewers or
our membership whatsoever, whether it is through
advertising, email messages, news releases, links to
your site or links from your site.
Membership
Fees, Payments and Default
Your
annual membership fee is $100.00 plus any additional
charges for any other listings that you requested.
If you advertise on our network, there will be
additional fees depending on the type of advertising
that you have selected. You should review the
complete and current price list before
signing up for any
services (advertising
rates).
You will be given the opportunity to pay by credit
card through our office or our secure online server,
Paypal, our online check processor, check by phone
or mail upon joining or advertising in the
directory. You may cancel any selected advertising
at any time prior to our uploading the ad copy to
our site. If you cancel while your advertising is
online, you will remain liable for all advertising
charges through the current term purchased. We
reserve the right to change our membership or
advertising fee structure at any time for any reason
but such a change would only effect you on a term of
renewal not the current term of membership nor the
current term of advertising that you might be doing. Advanced
notice of a change in membership fees will be given
to all members via mail or email 60 days prior to
your membership renewal date and with respect to a
change in advertising fees, as the advertising is
ordered or prior to the renewal of an ad.
All
credit card charge backs, bad checks and defaulted
advertising payments (due by the date your ad runs)
will be subject to reasonable attorney fees,
collection fees, 18% interest per annum, bad check
or charge back fees of $20.00* per debited item or
5% whichever is greater and late fees not to exceed
5% of the amount owed or $5.00* whichever is less. (*as
permissible by Georgia State laws)
Network
Rules
You
agree to be bound by certain rules which are
important for the proper use of our online network.
Your failure to follow these rules, whether listed
below or in bulletins posted at various
points on the network,
may result in termination of your membership. While
you should feel free to express yourself, you should
respect other users of the network and not do
anything
to attack or injure others. Do not use our directory
to commit a crime, or to plan, encourage or help
others to commit a crime, including crimes relating
to computers.
Privacy
Considerations
Your
privacy is of the utmost importance to us. We will
not sell or distribute any information to any 3rd
party period. Your information stays with us. The
agency and firm profiles are an exception to the
rule. You agree by seeking membership in theXchange
that your company information can be displayed on
our listing
form for the internet public to view. The
listing form or details page is completely optional
but keep in mind that one of the main reasons that
creditors will entertain using your service is
largely based on the detailed listing of your
company in theXchange.
Proprietary
Rights
Our
network is within our exclusive proprietary control.
We or our suppliers own the intellectual
property rights to any
and all components of our network, including but not
limited to the computer software, the related
documentation, the "look and feel," the
end-user interfaces, the name of
our system, many of the individual features, and the
collective works consisting of sequences of all
public messages on our network. You may not
reproduce any sequence of messages or text from our
network, either
electronically or in print, without our permission.
In addition; you may not copy, modify, adapt,
reproduce, translate, distribute, reverse engineer,
dissemble or perform any de-compilation to any
aspect of the network which we or our suppliers own.
Limitation
of Liability
You
must bear the risk of any liability relating to your
use of our network. ACCORDINGLY, YOUR USE OF OUR
NETWORK IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT
BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR
PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN
CONNECTION WITH THE USE OUR NETWORK, YOUR USE
THEREOF OR ANY OF THE DATA OR OTHER MATERIALS
TRANSMITTED THROUGH OR RESIDING ON OUR NETWORK,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS.
Indemnity
You
shall defend and indemnify Debtmonitor and
theXchange and its employees and hold us
harmless from and against any and all claims,
proceedings, damages, injuries, liabilities, losses,
costs and expenses (including reasonable attorneys'
fees),
relating
to any acts by you or materials or information
transmitted by you in connection with our service,
leading wholly or partially to claims against us or
our network by other members or third parties,
regardless
of the type of claim or the nature of the cause of
action.
Disclaimers
of Warranty
THE
SERVICE IS PROVIDED "AS IS" AND WE MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE,
TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY,
CONDITION, GUARANTY, OR REPRESENTATION, WHETHER
ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING
BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF
ANY INFORMATION CONTAINED HEREIN OR PROVIDED BY OUR
DIRECTORY.
Choice
of Law
You
agree that this Agreement shall for all purposes be
governed by and construed in accordance with the
laws of the State of Georgia, and that any action
arising out of this Agreement shall be litigated and
enforced under the laws
of the State of Georgia. In addition, you agree to
submit to the jurisdiction of the courts of the
State of Georgia, and that any legal action pursued
by you shall be within the exclusive jurisdiction of
the courts of the State of Georgia.
Disclaimers
Regarding
Information
THE
INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED
“AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN
ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND
ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE
INFORMATION, FOR ANY REASON, AND USER’S SOLE AND
EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE
LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE
INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE
THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS.
NO REPRESENTATIONS, WARRANTIES OR GUARANTEES
WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY,
RELIABILITY, CORRECTNESS, COMPLETENESS, SUITABILITY
OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR
SITUATION.
All
responsibility and liability for any damages caused
by viruses contained within the electronic files of
this site are disclaimed.
