Edit according to your specifications, and
-[ This Generic Agreement is only a reference, you should verify with your own attorney if these terms cover all that you need covered for your own website, and situation. All industries, countries, states, and even cities may required different terminology for you to use}
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site.
This web site, and materials contained within, are subject to the protection of
Users agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within the XXX website. XXX does not create or enforce any minimum or maximum sales prices. Any figures presented are only offered as suggested retail prices.
Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You must be AT LEAST 18 years old to access the XXX website, resources, and services.
In no event shall XXX be liable for any punitive, special, direct, indirect, incidental, or consequential damages, whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. XXX's liability for damages, regardless of the form of the action, shall not exceed the fee paid for the service. We cannot be held responsible for factors beyond our control that may interfere with our ability to provide access to our website. Such factors include, but are not limited to server downtime, password/verification problems, or network outages beyond our servers. XXX does not warrant that the functions contained in the materials, resources or services offered will be uninterrupted or error-free, that defects will be corrected, or that this site are free of viruses or other harmful elements. In no event will XXX be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the products or resources contained within the XXX website. All products and resources are provided "as is" and without warranties.
Passwords/User ID's: (use only if needed)
Users agree that they will NOT share or distribute their log in information ( Usernames and Passwords) by email, word of mouth, Usenet, Internet or any other method. XXX can, at their sole discretion , terminate membership without notice or refund, any user that shares or distributes login information. XXX does not have access to private password information and therefore cannot/will not be able to supply it to you. You can however, have you're password emailed to you from our system by using the "Recover Password" feature under our "Help" section in the left hand column of this page.
Users agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of the XXX website.
XXX makes NO WARRANTEES express or implied and specifically does not warrant FITNESS FOR SPECIFIC PURPOSE or WARRANTY OF MERCHANTABILITY of any product or service.
Venue: (use if needed)
The USER expressly agrees that this agreement are to be interpreted and enforced under the laws of the state of Virginia and of the United States and FURTHER AGREES that the sole and only venue and jurisdiction for any action under the terms of this agreement shall be in the County of Chesterfield and State of Virginia. USER expressly consents to the personal jurisdiction of State and Federal Courts for said county and state for any and all actions, including injunctive relief, arising under the terms and conditions of this agreement or by use of any software product contained in XXX now or hereafter.
Communications from XXX:
By joining, or utilizing the XXX website, you give us permission to contact you periodically via email with regards to your membership, or any other reason. If you wish to no longer receive communications from us, you will need to cancel your membership, or communication with us. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. XXX reserves the right to amend this agreement at any time.
If you edit any of our sales material, or create your own, it must first be approved by us.
When promoting the XXX affiliate program, affiliates must adhere to our strict NO SPAM guidelines as stated below. Affiliates must also promote the XXX website in a legal and ethical manner. Affiliates must follow all other terms and conditions as outlined in the user agreement. Failure to do so will result in removal from the program.
Affiliate Commissions are paid on an aggregate payout of $100.00 USD per month. If affiliate commissions have not reached the aggregate limit, commissions will be carried over until payout is reached or end of each calendar year (December 31st), then all accounts are settled, and outstanding balances paid to the affiliate.
Any action brought by the Federal Trade Commission or other public prosecutorial agency against a user or affiliate for alleged violations of regulations for internet or mail order sales, or commercial email will be automatic grounds for termination of the affiliate's account.
You must follow our Anti-Spam guidelines below and those set for in the CAN SPAM ACT of 2003. Failure to follow these guidelines will be cause for removal from the XXX Referral Program.
Strict No SPAM Policy:
PLEASE DO NOT use our services to send any sort of spam communications! SPAM shall include, but is not limited to, the sending of any electronic mail message with the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose). The term `commercial electronic mail message' does not include a transactional or relationship message.
DO NOT include ANY reference to XXX in any such correspondence...PERIOD! Anyone reported to XXX for sending SPAM will be immediately reported to the FTC for violation of the CAN SPAM act of 2003.
In addition, DO NOT use the XXX name or brand in any type of correspondence to third party mailing or 'opt in' lists, harvested email lists, safelists, newsgroups, forums, "faxblasts", or any other form of communication that has been labeled as illegal by the CAN SPAM law.
Any XXX member/affiliate/user that uses SPAM in any relation with the XXX website shall have their memberships terminated immediately, will forfeit any affiliate commissions, will be reported to the FTC for the abuse, and will be held both legally and financially responsible for their actions.
XXX reserves the right to amend this agreement at any time.
XXX reserves the right to Amend these “Terms and Conditions” at any time.