PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR THE SITE.
The following terms of use ("Terms") is the document governing the use of subvertandprofit.com and all linked pages ("Site"). The Site is owned and operated by Subvert and Profit, LLC ("S&P"), and is accessed by you under the Terms.
By registering for this site, you agree to become bound by the Terms. If you do not agree to all the Terms, then you may not register for the site. S&P's acceptance of the Terms is expressly conditioned upon your assent to all of the Terms, to the exclusion of all other terms.
S&P reserves the right, at its sole discretion, to modify or replace the Terms at any time. Any modifications will be reasonable and will be done in good faith. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the services by you following such notification constitutes your acceptance of the terms and conditions of the Terms as modified.
Subject to compliance with the Terms, S&P may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service S&P performs for you or any content S&P delivers to you, also known as the Content ("Content") on the Site. S&P may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. S&P may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
S&P may accept paid advertisement ("Advertisement") at its discretion. Upon paying for an advertisement, S&P will attempt to propagate this advertisement in other areas of the Internet. S&P reserves the right to reject any advertisement. If your advertisement is rejected, you will be notified.
As a condition to using Services, you are required to register with S&P and select a username and password. You shall provide S&P with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your S&P account. You shall be responsible for maintaining the confidentiality of your S&P password.
Services are available only to individuals who are at least 18 years old acting on their own behalf. If you do not qualify under this definition, do not attempt to register for or use the Services.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by S&P.
By way of example, and not as a limitation, you agree not to use the Services:
S&P may remove any Content and S&P accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
S&P may charge fees for Services that it provides, upon acceptance by you. Your payment of such fees does not constitute an obligation to S&P to provide any service whatsoever, under any circumstances. S&P provides Services for a fee in good faith, but without any binding agreement to do so. S&P reserves the right to change any fee for any of the Services at any time prior to acceptance of said fee by you. S&P charges fees through a third-party transaction service, and is not responsible for any damage or cost associated with the use of this service by you.
S&P shall refund within 30 days any fee charged for a service that is not provided within the time specified for the particular Service at time of payment. If a service is partially rendered, you will receive a partial refund.
S&P may make payments to you for services rendered by you. Such payments are not guaranteed under any circumstances. S&P makes payments for your services in good faith, but without any binding agreement to do so. S&P makes payments through a third-party transaction service, and is not responsible for any damage or cost associated with the use of this service by you. You alone are responsible for maintaining accurate contact and payment information with S&P. This may include relevant tax information and forms such as a valid W-9. If tax information is required of you, S&P will notify you.
All payments and fees will be made into and out of your stored-value account on the Site. By registering for the Site you consent to the creation of this account. You may add funds to the balance of your account in any amount greater than US$50, or withdraw funds to the balance of your account in any amount greater than US$10. Such transfers shall be free of charge from S&P, but may be subject to a fee by the third-party transaction service.
S&P's current privacy policy is available at subvertandprofit.com/content/privacy (the "Privacy Policy"), which is incorporated by this reference.
You will indemnify and hold harmless S&P, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms by you, or the infringement by you, or any third party using your account or S&P User ID, of any intellectual property or other right of any person or entity.
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE.
The Services may provide, or third parties may provide, links to other Internet sites or resources. Because S&P has no control over such sites and resources, you acknowledge and agree that S&P is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that S&P shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
S&P may terminate or suspend any and all Services and your S&P account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, the balance of your account shall be returned to you provided it is over US$10, and your right to use the Services will immediately cease. If you wish to terminate your S&P account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind S&P in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. S&P shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond S&P's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms is not assignable, transferable or sub-licensable by you except with S&P's prior written consent. S&P may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the state of New Hampshire, as if made within New Hampshire between two residents thereof, and the parties submit to the exclusive jurisdiction of the Merrimack Superior Court. Notwithstanding the foregoing sentence, (but without limiting S&P's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to a neutral arbitrator of our selection. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Concord, New Hampshire using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.