Membership Agreement - Terms And Conditions
By enrolling in the service (the "Service"), an individual becomes a "Member" and a "Client" and agrees to be bound by the terms and provisions of this "Membership Agreement".
The Member agrees to and accepts the terms and conditions of each of the paragraphs below:
1. The Member represents that he/she has read and agrees to all of the terms of this Membership Agreement and
Privacy Policy. The Member warrants and represents that he/she (i) is over 18 years of age, (ii) is using a valid US bank account, and (iii) is authorized to use the bank account as stated in this Membership Agreement.
2. The following transactions, fees and charges may be incurred by the Member:
a) Trial subscription fee: Member is aware and agrees that the trial subscription fee is a promotional subscription fee (an amount less than the regular subscription fee) and that the Member's checking account will be billed the full subscription fee at the end of the promotional period and then periodically in accordance with the then-current billing terms for the membership(s).
b) Regular subscription fees: The Member is responsible for paying periodic subscription fees according to the then-current billing terms. Members may cancel their membership at any time by giving at least 72 hours notice to the Service Provider. Notice needs to be provided in ample time to cancel recurring billings. Member's username and password will remain valid until the then-current membership period has expired, unless otherwise requested. Cancellation will prevent future billing of recurring membership fees. Initial sales are final.
3. Authentication, Verification and Communication:
a) Member authorizes Service Provider to use any data Member provides Service Provider and Service Provider is authorized to send Member's data to third party agencies in order to form a connection to Member's financial institution or to form out-of-wallet questions in order to Authenticate the Member's identity, validate routing and account numbers, protect against fraud and communicate with the Member.
b) Service Provider is authorized to send SMS messages to Member's mobile device as an authentication procedure and to communicate with Member. Member may unsubscribe by messaging "STOP" to Service Provider.
4. Payment Methods: Member authorizes single and/or recurring payments to be made through the use of the ACH network and through the use of a check image.
a) ACH Authorization: If your payments are made by ACH/electronic debit you agree to the following: Recurring payments will be made automatically on or after the completion of the initial period relating to your first payment. The authority you give Service Provider to charge your account with an ACH debit will remain in effect until you notify us as required in the CANCELLATIONS section of the Terms and Conditions. If the amount of your payment changes, we will notify you at least 10 days before payment date using the e-mail address we have on file. Should your payment be returned for non-sufficient funds (NSF), we reserve the right to re-deposit the payment up to 2 times in accordance with banking rules and regulations. Returned items such as NSF (insufficient funds), bank account closed, invalid account number, etc. are subject up to a $25 dollar handling fee, payable to Service Provider which may (i) be electronically debited through the ACH network for collection, (ii) processed through the banking system as a paper draft or (iii) passed on to a collection agency.
b) Unless and until this Membership Agreement is cancelled in accordance with the terms hereof, Member hereby authorizes the Service Provider to debit Member's checking and or savings account, as indicated by the Member, to pay the subscription fees, membership fee and any other ongoing cost of membership. Member's membership may not be assigned or transferred to any other person or entity. Member must promptly inform the Service Provider of the following: (i) changes to the account information used in connection with this agreement; (ii) changes in home or billing address(es); and (iii) apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a PIN Code, User ID or password. Until the Service Provider is notified by electronic or conventional mail of such a breach of security, the Member will remain liable for any unauthorized use of his/her membership. The Service Provider disclaims and the Member agrees to indemnify and hold the Service Provider harmless from any and all damage or loss arising from a breach of security.
c) Check Image: If your payments are made by check image you agree to the following: Recurring payments will be made automatically on or after the completion of the initial period relating to your first payment. You authorize Service Provider to create a check image in your name made payable to Service Provider. This authority will remain in effect until you notify us as required in the CANCELLATIONS section of the Terms and Conditions. Should your paper draft be returned for non-sufficient funds (NSF), we reserve the right to re-deposit the payment up to 2 times in accordance with banking rules and regulations. Drafts returned for NSF (insufficient funds), account closed, invalid account number, or any other return reason are subject up to a $25 dollar handling fee, payable to Service Provider which may (i) be electronically debited through the ACH network for collection, (ii) processed through the banking system as a paper draft or (iii) passed on to a collection agency.
The Member's subscription will automatically renew for an additional subscription period upon expiration of the then current subscription unless otherwise mutually agreed to in advance. This includes any trial membership(s) that automatically renew to a regular monthly membership unless stated otherwise. The Member's failure to pay all amounts owed to Service Provider may result in the following: (i) imposition of all additional Service Provider charges and/or damages allowed under applicable law, (ii) assignment of the Member's account to a third party collection agency to pursue collection of all amounts owed, and (iii) pursuit by the Service Provider of any and all additional damages allowed under this Membership Agreement and at law or in equity. Notwithstanding anything else contained herein and in addition to all other remedies available to Service Provider hereunder, at law or in equity, Customer shall be liable to Service Provider for: (i) all costs associated with collecting the amounts due to Service Provider, including attorneys' fees, and (ii) interest on amounts due to Service Provider which shall accrue at the lower of the rate of 10% or the maximum rate allowed by law from the date such amounts are originally due, or in the case of a dishonored or returned electronic debit, from the date of dishonor or return.
5. Cancellation Procedures:
Canceling an account is very easy and the Member can do so at anytime by sending a cancellation request to
cyberhold@earthlink.com. Members must give at least 72 hours notice to the Service Provider. Notice needs to be provided in ample time for Service Provider to cancel recurring billings. Member's username and password will remain valid until the then-current membership period has expired unless otherwise requested. Cancellation will prevent future billing of recurring membership fees. Initial sales are final.
The Service Provider is not responsible for and shall not be liable for any loss arising due to a dispute concerning the Member's cancellation. It is the Member's responsibility to retain the confirmation of cancellation e-mail information.
6. Member agrees that the Service Provider has the right to (i) change hours of service at any time and (ii) terminate the Service to any member without cause or prior notice. The Service Provider may also terminate the Service to any Member in response to a breach of this Membership Agreement by the Member. NO refund will be provided to a Member when Service Provider terminates Service to a Member.
7. THE SERVICE PROVIDER DISCLAIMS AND WILL NOT BE RESPONSIBLE FOR ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING DUE TO ERRORS AND/OR MALFUNCTIONS EXPERIENCED OUR WEBSITE.
8. Fraudulent Charges - Any fraudulent charges that are reported to the Service Provider are immediately investigated . The Service Provider captures the IP address of each user in order to identify and locate the source where the transaction was initiated. The Service Provider cooperates fully with local and Federal authorities to help convict any person or persons involved in fraudulent or illegal activities.
9. The Member is familiar with and understands that all of the statements contained herein directly relate to the Member's term of contract with the Service Provider.
10. Members are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of a Login and a password. Each Member must keep his password strictly confidential. The Member should remember his/her password and keep it handy and secure! For security reasons, the Service Provider will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service or receipt of Service with the use of a fraudulent account number is a breach of this Membership Agreement and a violation of the law, and will result in the termination of Member's membership.
11. Any liability of the Service including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the Member to the Service Provider for the preceding 3 months.
12. No warranty is made by the Service Provider regarding any information, service, or products provided through or in connection with the Service, and the Service Provider hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information, products, or services, or the legality of any content provided via the Service; and 2) any warranties of merchantability or fitness for a particular purpose.
13. The material accessed via the Service is for the private, non-commercial enjoyment of Members only. Any other use is prohibited.
14. Members agree not to engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service without prior written consent. Members are responsible for information they send or display through the Service even if a claim should arise after termination of Service. Service Provider is not responsible and shall not be held liable for any loss or damage arising from any advertising, solicitation or purchase or sale or products by any Member via the Service.
15. Notices by the Service Provider to Members may be given by means of electronic messages through the Service, by a general posting on the site, or by conventional mail. Notices by Members may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, or notices to the Service Provider by means of electronic message must be sent to
cyberhold@earthlink.com. All questions, complaints, or notices to the Service Provider by conventional mail must be sent to: 12400 Hwy 71, PO Box 350-309, Austin, Texas 78738.
16. The Member hereby warrants and represents that he/she is over the age of 18, and in all respects is qualified and competent to enter into this Membership Agreement.
17. This Agreement contains the entire agreement between the Member and the Service Provider regarding the use of the Service Provider and supersedes all prior written and oral understandings and writings and may only be amended upon notice by the Service Provider to Members. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. The Agreement shall be governed pursuant to the laws of the United States and the State of Texas. Exclusive venue for any dispute arising under this Membership Agreement shall be in the County of Travis, State of Texas.