Terms and Conditions for Online PURCHASE OF Services
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ CAREFULLY.
These Terms and Conditions (these “Terms“) apply to the purchase and sale of subscription-based business listing services (“services”) through (together with all URL extensions of the foregoing, the “Site“). These Terms are subject to change by CornerEcho, Inc. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” shown for these Terms herein or elsewhere on the Site. You should review these Terms prior to purchasing any services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
By placing an order for services from this Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.
YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
- Order Acceptance and Cancellation; Refunds.
(a) You agree that your order is an offer to buy, under these Terms, all services listed in your order. All orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered. If we accept your order, we will list your business on the Site in accordance with our standard method for doing so. If you are not satisfied with the manner in which your business is listed on the Site, your sole remedy shall be to cancel your subscription in accordance with Section 2 below, subject to Section 1(b).
(b) Notwithstanding the foregoing, you may cancel your Subscription Service for any reason and obtain a full refund of your initial payment if you do so by emailing email@example.com within 7 days after placing your order.
- Prices and Payment Terms.
(a) The Site offers subscription-based business listing services (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Site. Posted fees do not include taxes, if applicable. Any such taxes will be added to your purchase total, and will be itemized in your shopping cart and in your order confirmation email (if any). Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the monthly recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled at least thirty (30) days prior to your monthly renewal in order to avoid billing of the next month’s Subscription Service fee. We must receive written notice of your cancellation or reduction in service at least thirty (30) days in advance of the monthly renewal date on which you wish to make the cancellation or reduction effective. All cancellations or reductions of Subscription Services must be received in writing by email (firstname.lastname@example.org). Subscription Service fees are not prorated or refundable other than as permitted by Section 1(b).
(b) If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services. You agree to submit any disputes regarding any charge to your account in writing to us within fifteen (15) days after such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
(c) We strive to display accurate subscription fee information. However, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(d) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(e) Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Site before our acceptance of an order. When using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
- Warranty and Disclaimers. ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WE DO NOT CLAIM OR GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR INCOME OR OTHER POSITIVE RESULT (FINANCIAL OR OTHERWISE) FROM USING THE SITE OR FROM PARTICIPATING IN A SUBSCRIPTION SERVICE. YOU FULLY UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR YOUR SUCCESS OR LACK OF SUCCESS THROUGH USE OF OUR SITE AND SUBSCRIPTION SERVICES.
- Limitation of Liability. WITHOUT IN ANY WAY LIMITING THE FOREGOING DISCLAIMERS, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. WITHOUT LIMITING THE FOREGOING, OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU TO US FOR YOUR SUBSCRIPTION SERVICE FOR THE PRECEDING THREE MONTHS.
- Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
- Dispute Resolution and Binding Arbitration.
(a) YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative of.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows by email to email@example.com. Notices provided by email will be effective upon actual receipt thereof by us.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Attorneys’ Fees. The substantially prevailing party in any arbitration or other legal proceeding concerning or relating to these Terms or your use of the Site shall be entitled to recover from the other party its reasonable and necessary attorneys’ fees incurred in such