Sellers Circle - Terms and Conditions / Terms of Use May 22 2008
Thank you for your interest in Sellers Circle, a subscription-based online eBay education and information program provided by www.sellerscircle.com
For an ongoing subscription fee, you'll gain full access to an online community where members can leverage powerful tools and information available via the Online Resource Center. With the content being updated daily and the member help program, Sellers circle is the most comprehensive and complete grouping of information and tools available today.
As more fully described below, after your risk-free 10 day trial, you'll be charged the monthly subscription fee of $49.95 . You'll have 10 days from your initial signup date to try the Online Resource Center without charge. Your free trial is an instant online access to Sellers circle Online Resource Center, and does not require the eBay kit being shipped to you. If you're not satisfied for any reason, and cancel within the initial 10-day trial period, you will not be charged for the risk-free trial. After your initial 10-day risk-free trial, your subscription will automatically renew roughly every 30 days after the date you signed up (see MEMBERSHIP TERM AND RENEWAL, below). You can cancel anytime after the 10-day risk-free trial period, in which case you won't be refunded the month's subscription charge, but you'll have member access through the end of the month and won't be billed again.
Sellers Circle details and terms of membership are provided below, so please take a moment to review them before you sign up.
www.sellerscircle.com ("Emmediate Success LLC", "Sellers Circle", "us", "our", "we") maintains this Internet site together with other Internet sites ("Sites") as a service to you and the Internet community. Unless otherwise noted, the content (images and text) ("Content") is the property of Emmediate Success and protected by United States and international intellectual property laws. As a user of the Sites, you agree that you shall download and/or use Content solely for your personal, non-commercial use. You agree to all of the terms and conditions set forth herein and will not use the Sites until and unless you have agreed to these terms and conditions. You may not use the Content in any matter inconsistent with this Member Agreement ("Agreement") or applicable law, and you may not copy, modify or alter the Content without Emmediate Success LLC express prior written consent.
The "Last Modified" date at the top of these Terms of Use will indicate when the latest changes were made. By continuing to access and use the Sites after the Terms of Use have been modified, you are agreeing to such modifications. In addition, when using particular services or features or making purchases on the Sites, you shall be subject to any posted guidelines or rules applicable to such services, features or purchases that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.
1. Offer, Payment and Billing Terms and Conditions
A. MEMBERSHIP TERM AND RENEWAL: The initial risk-free trial term is 10 days. If the Member does not choose to cancel they will be charged a monthly subscription fee. Membership automatically renews roughly every 30 days, so you will be charged once a month for access 30 days from the day your free trial has stopped. You are financially responsible for all associated subscription fees until Emmediate Success LLC receives notice of cancellation via our online 'contact us' form located here.
B. CANCELLATION POLICY: You may cancel your subscription after your initial registration. To cancel, you must call 866-750-2677 x1000 or email support@sellerscircle.com Due to record keeping restrictions we are unable to process cancellations using any other method. All access to the Online Resource Center is logged and stored by Emmediate Success LLC. Because access to the Online Resource Center is granted as a membership in a training and informational online resource, money paid for membership is not refundable after the customer has logged into the site.
By signing up to become a member of sellers circle Online Resource Center, you'll be charged the monthly subscription fee of $49.95. You'll have 10 days from your initial signup date to try sellers circle Online Resource Center -- if you're not satisfied for any reason, and cancel within the initial 10-day trial period, you will not be charged. If you cancel your membership during the risk-free trial period, upon canceling, your account will be terminated, and you will no longer have access to the Online Resource Center. You can cancel anytime after the 10-day risk-free trial period, in which case you won't be refunded the month's subscription charge, but you'll have member access through the end of your billing cycle, and won't be billed again. If you cancel within the 10-day risk-free trial period or, if you are refunded for all or a portion of your subscription charge at any point, Emmediate Success LLC reserves the right to terminate your account either immediately, or at the end of then current billing month. When your account is terminated, you will no longer have access to the member site. There is no minimum membership period.
Upon cancellation and account termination, Emmediate Success LLC in its sole discretion shall have the right but not the responsibility to delete all of the account information provided by you. If you are entitled to a refund, you will receive any refund due as a credit to the same credit card or checking account that was charged initially. Emmediate Success LLC has no ability or responsibility to refund money in any way other than back to the credit card or checking account that was charged at the time of subscription billing.
For our 10-day risk-free trial, you will not be entitled to a refund of shipping and handling fees if you choose to cancel your subscription. If you wish to cancel your membership your cancellation request must be received by Emmediate Success LLC in accordance with this policy (and using our online 'contact us' form) before midnight (11:59 pm) MST time on the day before your subscription renews. Emmediate SuccessLLC will confirm receipt, and processing of, your cancellation request via email. Emmediate Success.com is under no obligation to cancel your account or provide any refund unless your cancellation request is actually received by Emmediate Success LLC in accordance with this policy.
C. AUTOMATIC RENEWAL: After the initial membership term ends, membership will automatically renew every 30 days. Membership will renew on the day after the initial membership term ends, and renew on the same date of each month(s) thereafter. You may cancel your subscription at any time in accordance with Section B above. There is no minimum number of months that you must purchase. Cancellations must be made in accordance with the instructions in Section B above. Cancellations received via email or any method other than via our online 'contact us' form will not be honored.
Your credit card (or other account you designate) will be automatically charged on a monthly basis for as long as you remain a Member. You agree that Emmediate Success LLC is not obligated to send you any renewal or advance billing notices indicating that your credit card will be or has been charged.
D. Certain products or Services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by Emmediate Success LLC to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Emmediate Success LLC with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
If you open a subscription account on any of the Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Emmediate Success LLC reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms effective upon notice to Members.
Your right to use the site is conditional. If payment cannot be charged or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating all of Emmediate success LLC’s obligations under this Agreement. You are required to pay any amounts still owed to us at the time your account is suspended or terminated, and you could be sent to collections to recover money owed Emmediate Success LLC for services rendered and software utilized.
3. Message Boards, Email Rules, Monitoring and Third Party Content
A. MESSAGE BOARDS: Message Boards on the Sites will contain information that can be posted and viewed by anyone on the Sites and the Internet. Emmediate Success LLC does not endorse any information posted on the Message Boards. Please consult a relevant expert (depending on the nature of the information) before practicing anything you read on the Message Boards or using any information from the Message Boards. Emmediate Success LLC is not responsible for the information posted on the Message Boards or for editing any factual errors or making any type of corrections to information presented on the Message Boards. Any action taken by a viewer of the Message Boards based on information presented on the Message Boards is at your own risk and could be dangerous or life-threatening.
In using our Message Boards you agree to follow our Community Guidelines that includes these provisions:
Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. No profanity or explicit content. No posts, including pictures that might be considered "inappropriate". No posts that could be interpreted as threatening or harassment. No third party solicited advertising or product promotion is permitted (although you may recommend third party products). Emmediate Success LLC has the right to remove a post if it does not meet these standards, but not the obligation to do so. You have the right to edit any of your posts. If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED". We do not typically delete threads on request. Understand that posts made by members do not necessarily reflect the views of Emmediate Success LLC and should not be taken as legal or financial advice. Posts submitted to the Sites' Message Boards are not considered confidential. These posts may be used by Emmediate Success LLC for any purpose without requiring permission from the originator.
B. EMAIL RULES: Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Members found using email information in this manner may, at the sole discretion of Emmediate Success LLC, have their Membership canceled without notice. TSL is not responsible for the content of email messages sent by its members or from a third party.
C. MONITORING: Notwithstanding anything to the contrary herein, Emmediate Success LLC has no obligation whatsoever to monitor any of the content or postings on the Message Boards or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our Members, sponsors, users and visitors.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
D. THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Sites or on sites that are linked to the Sites, including information providers, are those of the respective third parties, and not Emmediate Success LLC. Emmediate Success LLC does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, Emmediate Success LLC neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or on any site that might be linked to the Sites by anyone other than an authorized Emmediate Success LLC representatives acting in their official capacity.
4. General Terms and Conditions
A. MINIMUM AGE REQUIREMENTS:
You MUST be 18 years of age or older to sign up for this program.
B. PERSONALLY IDENTIFIABLE INFORMATION:
i. At certain points in using the Sites, you will be asked to provide information to us. Emmediate Success LLC collects two types of information from you, personally identifiable and non-personally identifiable. The personally identifiable information that we collect may include but is not limited to, your first and last names, your street address (including the city, state and zip code), your telephone number, your email address and your credit card number. For information regarding Emmediate Succes LLC privacy policy see our privacy policy. You agree that you have read and understand this privacy policy and that you shall be bound by its terms and conditions as part of this Agreement.
ii. You agree that as part of the service provided on the Sites, you shall receive periodic email communications from TSL concerning the Sites and the services you receive on and through the Sites. You affirmatively consent to receive those emails without regard to any previous request you might have made to opt-out of receiving additional emails. Because email communications are critical to the services provided on the Sites, you cannot maintain your subscription to the Sites and opt-out of receiving email from Emmediate Success LLC concerning the Sites and the services. Therefore, if you use the opt-out mechanism provided by Emmediate Success LLC in its privacy policy or in any subsequent email sent to you regarding the Sites and the services, Emmediate Success LLC shall have the right, but not the obligation, to terminate your account and, notwithstanding any other provision of this Agreement, shall not have the obligation to refund you any or all of your payments.
C. SUBMISSION POLICY: By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Emmediate Success LLC shall be considered fully paid-up and royalty free. In addition, under no circumstances shall TSL have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Emmediate Success LLC business through a merger, sale, transfer or license of all or substantially all of the assets of Emmediate Success LLC, nor shall the sale or barter of advertising or sponsorship on any of the Sites or any other product sales give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Emmediate Succes LLC part and we shall not be liable for any use or disclosure of any such Submission Materials.
D. ACCOUNTS, PASSWORDS and SECURITY: When you are required to open an account, you must complete the registration process by providing Emmediate Success LLC with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Emmediate Success LLC that is untrue, inaccurate, not current or incomplete, Emmediate Success LLC reserves the right to terminate this Agreement and your continued access and use of the Sites.
As part of the registration process, you will be provided a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Emmediate Success LLC immediately of any unauthorized use of your account or any other breach of security. Emmediate Success LLC will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Emmediate Success LLC or another party due to someone else using your account or password.
E. PROMOTIONS: Emmediate Succes LLC occasionally provides contests, sweepstakes, games and other Emmediate Success LLC or third party promotions on its Sites. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
F. LIMITED LICENSE: Emmediate Success LLC grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
G. PROHIBITED ACTIVITIES: In connection with your use of the Sites, you acknowledge and agree that you will not:
i. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites; ii. access the Sites by any means other than through the standard industry-accepted or Emmediate Success LLC -provided or authorized interfaces; iii. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; iv. impersonate any person or entity, including without limitation, an Emmediate Success LLC official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity; v. post or transmit any material that contains a virus or corrupted data; vi. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; vii. use any of the Sites' communications features in a manner that adversely affects the availability of its resources to, or enjoyment by, other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text); viii. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation information such as opinions or notices, commercial or otherwise; ix. violate any applicable local, state, national or international law; x. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including without limitation, rights of publicity or privacy; xi. delete or revise any material posted by any other person or entity; xii. manipulate or otherwise display the Sites by using framing or similar navigational technology; xiii. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Emmediate Success LLC product or service if you are not expressly authorized by such party to do so; or xiv. use the Sites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair Emmediate Success LLC servers or networks, or interfere with any other user's use and enjoyment of the Sites. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, services, accounts, computer systems or networks connected to Emmediate Success LLC through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
H. DISCLAIMER OF WARRANTIES: THE SITES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TSL, BEST LIFE CORP., BOB GREENE AND THEIR RESPECTIVE AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SITES SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES IS ENTIRELY AT YOUR OWN RISK.
I. RELEASE: YOU AGREE THAT NEITHER SELLERS CIRCLE, NOR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITES. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
J. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SITES THAT NEITHER TSL NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES; (ii) ANY CONTENT CONTAINED ON THE SITES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES, or (vii) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR THROUGH THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
K. NOTICES: Emmediate Success LLC may deliver notice to you under this Agreement or any other published policy on the Sites by a general notice published on the Sites. Emmediate Success LLC will never request any personally identifiable information from you via electronic [or postal] mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request.
If you would like to change or update your credit card or billing information, please call our Customer Service Team using our online 'contact us' form. You may give notice to us by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:
SELLERS CIRCLE/Emmediate Success LLC
575 East 4500 South Suite B130
Salt Lake City Utah 84107
L. GEOGRAPHIC LIMITS OF SERVICE: Emmediate Success LLC makes no representation or warranty that the content and materials on the Sites are appropriate or available for use in locations outside the United States and its territories and possessions. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Emmediate Succes LLC reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction we so desire.
M. TERMINATION: This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Emmediate Success LLC, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of this Agreement that provide for continuing obligations on your part shall survive indefinitely.
N. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under this Agreement without Emediate success LLC’s express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate this Agreement and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund.
Emmediate Success LLC may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.
O. MISCELLANEOUS TERMS AND CONDITIONS: This Agreement constitutes the entire agreement and understanding between you and Emmediate Success LLC and governs your use of the Sites, superseding any prior agreements between you and Emmediate Success LLC. This Agreement and the relationship between you and Emmediate Success LLC shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. You and Emmediate Success LLC irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Clark, in the State of Nevada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Emmediate Success LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by Emmediate Success LLC of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
P. Furthermore, Sellers Circle (Emmediate Success LLC) will in no way be held responsible for any overdraft fees that may be incurred as a result of the monthly membership fees agreed to in these terms and conditions.
Q. Charge-backs. Initiation of a complaint or charge-back against Emmediate Success LLC for products or services rendered constitutes a severe breach of this agreement. A "complaint or charge-back" shall be defined as initiating any form of complaint or charge-back with your credit card issuer or bank. Upon receipt of a complaint or charge-back, or threat thereof, Emmediate Success LLC will immediately deactivate all Services provided to the Customer, and immediately begin charge-back reversal (anti-fraud) procedures. In the event we lose the charge-back reversal procedures, we will immediately send to collections the full disputed amount in addition to an administrative fee of five hundred dollars ($500.00 USD). Please note that threats of a complaint or charge-back will be treated the same as a complaint or charge-back. In all cases, violation of this clause will result in cancellation of all Services provided to the Customer, regardless of services disputed.
R. MODIFICATIONS TO THIS AGREEMENT.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.