Terms & Conditions

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1.OWNERSHIP

All material and products available on the Site and through the Services, including, but not limited to, all informational text, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by the the company until agreement terms have been met.

2. Content

You are legally responsible for all your data, text, software, music, sound, photographs, graphics, video, survey responses, messages or other materials uploaded, posted or stored in connection with your use of the Services (collectively, “Content”) unless otherwise specified in the agreement. You are entirely responsible for all Content that you, or others to whom you provide access, send, post, or otherwise make available via the Service.

3. Monitoring

We may, but have no obligation to, monitor Content created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect us or our customers, or operate the Services properly.

4. Conduct

If we determine that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased.  We may also report you to law enforcement officials in the appropriate jurisdictions. We, and our suppliers, cannot and will not be liable for any loss or damage arising from your failure to comply.

5. Individuals’

You are solely responsible for affording individuals their rights with respect to relevant portions of your Information, such as the rights of access and amendment. You will not undertake to afford an individual any rights with respect to any information in the Services other than your information.

6. Electronic Communications

Use of the Internet and electronic communication tools are solely at your own risk and are subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create secure and reliable Services, please be advised that the confidentiality of any communication or material transmitted to us over the Internet, including email, cannot be assured. You acknowledge that no method of transmission over the Internet, or method of electronic storage, including email, is 100% secure.

7. Other accounts and services

Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers.  When you provide this information to us or give us access to these third party accounts, you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords. In addition, for certain Services, we grant you permission to create and submit content on your behalf to press release news outlets, directories, search engines, social media outlasts, and other destinations.

8. Third Party Services

The Site or Services may contain links to other websites owned by third parties (“Third Party Sites”). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the Site to login to accounts that you have for services provided by third parties or want to use other services that can be integrated with our Services (“Third Party Services”). We are not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Company account. You are responsible for confirming a third party’s HIPAA compliance if the third party is not our subcontractor, if applicable.

9. Your Products and Services

Some of our Services and Materials may offer you the opportunity to sell your goods and services.  We are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products.  When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider.  Buyers of Commercial Products will be provided a notice when entering their payment information, directing them to the third party payment service provider’s terms of service and privacy policy.  These payment services are governed solely by the third party provider’s terms of service and privacy policy.  We are not responsible for the actions of these third party service providers. :

10. Fees

The fees for each Service are specified in the specific service agreement when you purchase a Service (including but not to order forms). You will be charged for the Services on a monthly basis, unless otherwise indicated in your service agreement.  All set-up fees are nonrefundable. Generally, service fees are non-refundable. If you choose to cancel your Services before the end of the initial term on your service agreement, you are responsible for the lesser of all fees associated with the remaining duration of your service agreement.

Depending on the Services purchased, you agree to pay for the Services either via credit/debit card, or via one of our partners.  If you are paying by credit or debit card, you expressly agree that we are authorized to charge you (i) a recurring monthly fee for any applicable Services billed on a monthly basis automatically, (ii) any other fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts.

You are allowed 1 hour of updates and changes per month. This may vary depending on the package you purchase. Additional hours will be determined on a cases by case basis unless otherwise agreed upon by your Account Manager. This resource allocation will apply to all services you purchased. Unused hours in one month cannot be carried over the next month unless otherwise stated.

11. Agreement Terms

Your contract term will be specified in your service agreement. Services are for businesses use only (including but not limited to self employed individuals, sole proprietors, LLCs). Consumers are excluded from our services. You can opt to upgrade your service agreement to any other contract agreement that we are currently offering for sale at any time during your contract term.  During the initial contract term, as indicated on your service agreement, all fees are non-refundable. If you cancel your services before the end of the initial contract term on your service agreement, you are responsible for the remaining of all fees associated with the remaining duration of such initial contract term and early termination fees. At the end of the initial contract term of your service agreement, your contract will automatically renew upon previously agreed upon terms. Any agreement modification requests by you should be sent to agreements@engageyourbusiness.com.

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion.  All of these changes will be effective upon their posting on the Site or by direct communication to you unless otherwise noted.  We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice, if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.

12. Resolution; Arbitration

Arbitration will be exclusively held in Los Angeles County, California and each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party will provide a list of two available arbitrators that have experience with the subject matter of the dispute.

13. Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. For any claims, causes of action or disputes arising out of this Agreement which are not subject to Section 17 (Dispute Resolution), each of the parties irrevocably consents to the exclusive jurisdiction and venue in the federal and state courts located in the County of Los Angeles, State of California and waives the right to challenge the jurisdiction of such courts on grounds of lack of personal jurisdiction or forum non conveniens or to otherwise seek a change of venue.

14. Other

You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law.  Accordingly, you agree that Company will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Company in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security will be required in connection with such injunction.

15. Miscellaneous

By signing up for an account, or by accessing or using the Site or Services, you agree to be bound by this Agreement, our Privacy Policy, and any other legal notices, conditions or guidelines we provide related to the use of the Site or Services, including but not limited to the Terms of Use, which may be posted and updated from time to time. All such guidelines or notices are hereby incorporated into this Agreement. In the event of any inconsistency between any term or condition in the comprising documents, the terms and conditions in this Agreement will control.

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