Terms of Use: Portions of this information are
proprietary to Extrasoncall.com and are protected under U.S. copyright law
and international treaty provisions. This information is licensed for your
personal or professional use and may not be resold or provided to others. You
may not distribute, sell, rent, sublicense, or lease such information, in whole
or in part to any third party; and you will not make such information available
in whole or in part to any other user in any networked or time-sharing
environment, or transfer the information in whole or in part to any computer
other than the PC used to access this information. BY PURCHASING A MEMBERSHIP TO
Extrasoncall.com OR UTILIZING THE SYSTEM, THE MEMBER HEREBY ACKNOWLEDGES
THAT HE/SHE HAS READ AND FULLY UNDERSTANDS THIS AGREEMENT AND THE TERMS OF USE
AND AGREES TO ALL OF ITS TERMS AND CONDITIONS.
By enrolling in our program, you agree to become an ExtrasOnCall.com recurring member.
The day you signed up marks the beginning of your digital portfolio construction, membership and
ability to access Our Services. The MEMBERSHIP FEE of $79 is for Our Services which are available
immediately. A MONTHLY MAINTENANCE FEE of $9.95 will be automatically billed to your credit card
(or debited from your checking account, if you authorized that option). At the same time, DEI makes
no guarantees or warranties that Applicants will not receive unwanted communications from undesirable,
undeserving, or unethical people. The responsibility for evaluation of any and all contact derived
from their association with DEI, is entirely that of the Applicant.
1. GENERAL (a) This Agreement sets forth the terms
and conditions, which apply to the use of the Extrasoncall.com, service by
MEMBER. A MEMBER is any user of the Extrasoncall.com web. No
representation, warranty, term or condition, other than as specifically set
forth in this Agreement, shall be binding on Extrasoncall.com. An online
version of this Agreement will be accessible from the Extrasoncall.com home
page
(b) Extrasoncall.com shall have the right at any time to
change or discontinue any aspect or feature. Either Extrasoncall.com or
MEMBER may terminate the service to MEMBER at any time. Extrasoncall.com
shall have the right to add to, modify or delete any provision of this
Agreement, and Extrasoncall.com has the right to add to, modify or delete
any other terms of use at any time.
(c) MEMBER represents and warrants
that he/she is at least 18 years of age.
(d) MEMBER is responsible in
all respects (including payment obligations) for all use of MEMBER's Account and
all use by others of MEMBER's Account. MEMBER will ensure that all use of
MEMBER's Account complies fully with the provisions of this Agreement and all
terms of use.
(e) Transfer of the Account by MEMBER to any other person
or entity is prohibited.
(f) Use of the system by anyone other than the
MEMBER is prohibited.
2. CHARGES (a) MEMBER agrees to pay for his/her
subscription at the point of purchase by using an acceptable and valid credit
card at point of purchase. It is recognized that credit card authorizations on
the internet, starting in the year 2002, may require an additional verification
code. MEMBER agrees to provide that code at such point as it is requested.
3. MEMBER CONDUCT (a) MEMBER shall not post or
transmit through Extrasoncall.com any material that constitutes unsolicited
email, otherwise referred to as "spam."
(b) MEMBER shall use the
Extrasoncall.com system for lawful purposes only and in accordance with
this Agreement. MEMBER shall not upload, post, transmit or otherwise make
available on or via the Extrasoncall.com system any material (including any
message or series of messages) that violates or infringes in any way upon the
rights of others, that is unlawful, threatening, abusive, obstructive,
harassing, libelous, invasive of privacy or publicity rights, that in the
circumstances would be obscene or indecent, that constitutes hate speech, that
is otherwise offensive or objectionable, or that encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any law.
(c) MEMBER shall not upload, post, transmit or otherwise make
available on or via the Extrasoncall.com system any material protected by
copyright, trademark, patent, trade secret or other proprietary right in a
manner that infringes or violates any such right.
(d) The
Extrasoncall.com system contains copyrighted material, trademarks and other
proprietary information, and the entire content of the Extrasoncall.com
online system is copyrighted as a collective work under the United States
copyright laws. Except as granted herein or as otherwise expressly permitted
under copyright law, no copying, redistribution, publication or commercial
exploitation of downloaded material will be permitted without the express prior
written consent of Extrasoncall.com and, where applicable, the third party
copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution or copyright notice shall be made.
(e) MEMBER will not
resell the Extrasoncall.com service, or any portion thereof, or otherwise
charge others to use Extrasoncall.com , or any portion thereof. Further,
MEMBER will not redistribute Extrasoncall.com, or any portion thereof,
whether or not MEMBER receives compensation for such redistribution.
(f)
MEMBER acknowledges that MEMBER is responsible for and assumes all risks with
respect to whether materials uploaded, posted or otherwise made available on or
via Extrasoncall.com through MEMBER's Account may violate any laws or
rights.
4. DISCLAIMER OF WARRANTY; LIMITATION OF
LIABILITY (a) MEMBER agrees that the Extrasoncall.com system is
provided on an "as is" basis without warranties of any kind, either express or
implied, including but not limited to warranties of title or non-infringement or
implied warranties of merchantability or fitness for a particular purpose, other
than those warranties that are implied by and incapable of exclusion,
restriction or modification under the laws applicable to this agreement. MEMBER
further agrees that all use of the Extrasoncall.com system (including but
not limited to the accessing and use of content, information and services the
purchase of merchandise and services and the transmission of information and
other communications by and to MEMBER) is at MEMBER's sole risk.
(b)
Extrasoncall.com makes no representations, claims or warranties, other than
what is published on this website. Representations, claims or warranties
received via any media, conference, conference calls, seminars may or may not be
outside of those approved by Extrasoncall.com and Members should rely
solely on the information published at the website.
(c)
Extrasoncall.com is an internet based service and as such is subject to all
of the uncertainties caused by computer malfunctions, server viruses, electrical
failures, vandalism, corrupted software, corrupted data and a multitude of other
technical difficulties that are peculiar and unique to the internet. Even though
Extrasoncall.com takes reasonable precautions to prevent such technical
difficulties it makes no warranties or guarantees of operations free of such
unknowns. Such technical difficulties could affect assignment delivery,
accounting reports and data preservation. Each customer is advised to maintain
their own records of assignments, order dates and training information off site
to assure safety and security of their information.
5. INDEMNIFICATION MEMBER agrees to defend,
indemnify and hold harmless Extrasoncall.com from and against any and all
claims and expenses, including reasonable attorneys' fees, arising out of or
related in any way to the use of the Extrasoncall.com system by MEMBER or
otherwise arising out of the use of MEMBER's account.
6. UPDATE OF INFORMATION Each MEMBER accepts full
responsibility for modification of MEMBER information, including changing status
of distributions email addresses, distribution methods and turning on or off
other online systems. Members agree to not hold Extrasoncall.com liable for
changes in their information, which is under the full and entire control of the
Member.
7. REFUND/CANCELLATION POLICY
Any new or active member who has been billed in error, has charges that were unauthorized by the cardholder or did not agree to our membership terms will receive a refund.
You may contact us at any time to cancel your account and you will have no further
obligation nor have any further monthly charges applied to your account. By loggin in to your profile
and clicking on the support link on the left hand side of the page.
All charges applied up until your date of cancellation are non-refundable.
8. CHARGE BACK POLICY DEI has a NO tolerance policy with charge back requests/reversals regardless of the acceptance of this agreement by either party.
We reserve the right to file civil charges against charge back requests using the digital identity law in the state of California. This new law accepts IP addresses as legally binding proof
of your identity and your order. We log your IP address with software that sees through anonymous IP address services and software. By ordering, you agree to pay any and all civil damages (which are considerable)
if you dispute the charge with your credit card company. Disputes concerning charge backs will be resolved by a board of arbitration of our choosing in Santa Barbara, California.
9. SUPPORT All support issues can be resolved by
contacting our customer support department by loggin in to your profile
and clicking on the support link on the left hand side of the page.
10. "THE COOLING-OFF RULE" By consumer law the
Cooling-Off Rule does not cover sales that:
-are under $25;
-are for goods or services not primarily intended for personal, family or
household purposes. (The Rule applies to courses of instruction or training.);
-are made entirely by mail or telephone;
-are the result of prior negotiations at the seller's permanent business
location where the goods are sold regularly;
11. GOVERNED BY The laws of the State of California
shall govern this contract. In the event that any dispute arises between
Extrasoncall.com and MEMBER with respect to the services performed by
Extrasoncall.com or any loss or damages claimed by MEMBER, including but no
limited to the validity of enforceability of this Contract, the exclusive forum
to adjudicate such dispute shall be in a single arbitrator selected by the
Extrasoncall.com, which arbitration shall be conducted in accordance with
the rules of the American Arbitration Association. The decision of the
arbitrator shall be final and binding. In such arbitration, the prevailing party
shall be entitled to an award of its costs and reasonable attorney's fees.
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