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Terms of Service

 

TERMS OF SERVICE
 
BY VISITING OR USING ANY OF mckoymedia.com/SPS FAMILY OF WEB SITES (Including, but not limited to www.mckoymedia.com/SPS OR ANY PAGE OF mckoymedia.com/SPS Web Sites), YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND mckoymedia.com/SPS IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY OF mckoymedia.com/SPS WEB SITES OR ANY PAGE OF mckoymedia.com/SPS'S FAMILY OF WEB SITES.

INTRODUCTION

mckoymedia.com/SPS offers you access to mckoymedia.com/SPS Web Sites in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by mckoymedia.com/SPS from time-to-time. mckoymedia.com/SPS refers to these terms, conditions, and notices, whether modified or unmodified, as the "Agreement" or as the "Terms of Use". mckoymedia.com/SPS reserves the right to modify in its sole discretion this Agreement and/or mckoymedia.com/SPS Web Sites without providing notification. You are responsible for regularly reviewing this Agreement.. BY VISITING OR USING ANY PART OF mckoymedia.com/SPS Web Sites,  YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN mckoymedia.com/SPS AND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF mckoymedia.com/SPS Web Sites.

ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEB SITES OR WEB PAGES WITHIN mckoymedia.com/SPS Web Sites.

Your use of certain web sites and/or web pages within mckoymedia.com/SPS Web Sites may be subject to additional terms that are specific to such web sites and/or web pages (the "Specific Terms") as either contained (i) on this page below this Agreement and/or (ii) on such web sites and/or web pages (for example, terms that typically govern particular features or offers are typically found on the relevant web site or web pages).

GENERAL USE AND LIMITATIONS ON GENERAL USE OF mckoymedia.com/SPS WEB SITES.

Except where we specify otherwise, mckoymedia.com/SPS offers you access to mckoymedia.com/SPS Web Sites solely for your personal and non-commercial uses. You promise that you will not use mckoymedia.com/SPS Web Sites, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from mckoymedia.com/SPS Web Sites. This means, among other activities that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use mckoymedia.com/SPS Web Sites in any manner that could damage, disable, overburden, or impair mckoymedia.com/SPS Web Sites or interfere with any other party's use and enjoyment of mckoymedia.com/SPS Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through mckoymedia.com/SPS Web Sites.

If and when requested by mckoymedia.com/SPS you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of mckoymedia.com/SPS, you agree that you will not access or attempt to access password protected, secure or non-public areas of mckoymedia.com/SPS Web Sites. Unauthorized individuals attempting to access prohibited areas of mckoymedia.com/SPS Web Sites may be subject to prosecution.

Except with the written permission of mckoymedia.com/SPS, you agree that you will not create links from any web site or web page to any page within mckoymedia.com/SPS Web Sites with the exception of mckoymedia.com/SPS Web Sites homepages, including, but not limited to pages currently located at www.mckoymedia.com/SPS. The origin of any such link to mckoymedia.com/SPS Web Sites homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to mckoymedia.com/SPS Web Sites homepage. For example, prominently positioning the "mckoymedia.com/SPS" name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the "mckoymedia.com/SPS" name and mark and the link with your name or any other materials in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between mckoymedia.com/SPS, on the one hand, and you or any other person or entity, on the other hand. You agree that if mckoymedia.com/SPS, in its sole and unfettered discretion, requests in writing that you remove any link or links to mckoymedia.com/SPS Web Sites, you will promptly do so. You agree that if you create any link to mckoymedia.com/SPS Web Sites that you will not employ any technology that results in the placement of content from mckoymedia.com/SPS Web Sites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes mckoymedia.com/SPS Web Sites from how they would appear if a user typed in their URL to a typical browser line.

You agree that mckoymedia.com/SPS may in its sole discretion and at any time terminate your access to and use of the mckoymedia.com/SPS Web Sites, or any part thereof, with or without notice.

From mckoymedia.com/SPS:

mckoymedia.com/SPS Web Sites contain content and information originated by mckoymedia.com/SPS (the "mckoymedia.com/SPS Content"). mckoymedia.com/SPS presents and makes available such content and information through mckoymedia.com/SPS Web Sites as a public service, for the sole purpose of aiding you, the individual consumer. mckoymedia.com/SPS, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.

From mckoymedia.com/SPS Partners & Affiliates:

For your convenience, mckoymedia.com/SPS Web Sites contain content and information from mckoymedia.com/SPS's affiliates and/or links to affiliate web sites ("Partner/Affiliate Content"). Such content is not under the control of mckoymedia.com/SPS and mckoymedia.com/SPS is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. mckoymedia.com/SPS is providing such content to you only as a convenience, and the inclusion of such content does not imply endorsement by mckoymedia.com/SPS of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.

MEMBER SIGN UP

TO SIGN UP AND BUY LEADS THROUGH mckoymedia.com/SPS YOU MUST BE A LICENSED PRACTIONER IN YOUR FIELD OF EXPERISE.  YOU AGREE TO SERVICE YOUR CLIENTS IN A TIMELY MANNER AND SERVICE THEM WITH COMPETITIVE OFFERS THAT ARE IN LINE WITH NON PREDATORY PRACTICES. 

FUNDING YOUR LEAD PURCHASE ACCOUNT

You can fund your account via credit card, debit card or echeck THROUGH PAYPAL. When using your credit card/debit card you agree not to charge back your credit card for any reason. You also agree not to stop payments on echecks. If you charge back your credit card we reserve the right to diminish your funding balance $100 as a fee and/OR DEACTIVATE YOUR MEMBERSHIP AND/or use reasonable forms of collection activity on your account. You also agree that monies to fund your account are for the purchase of leads only, maintaining a balance does not warrant a cash out of monies not utilized for leads.

If collection activity is needed to recover monies you agree to cover all attorney fees and collection fees.

PURCHASING OF LEADS

LEADS ARE PURCHASED THROUGH OUR AUTOMATED SYSTEM, YOUR ACCOUNT BALANCE IS AUTOMATICALLY DEDUCTED FOR EACH LEAD PURCHASE.  IN THE EVENT OF DOUBLE BILLING WE WILL GLADLY REFUND ANY EXTRA MONIES COLLECTED FROM YOUR ACCOUNT.

RETURN POLICY

WE OFFER RETURNS ON LEADS 7 DAYS OLD OR LESS.  PURCHASING LEADS AFTER THIS TIME FRAME IS AN "AS IS" PURCHASE AND YOU AGREE TO TAKE THE RISKS INVOLVED IN SUCH A PURCHASE.  IF A LEAD IS LESS THAN 7 DAYS OLD YOU MAY ONLY RETURN THE LEAD IN THE FOLLOWING CONDITIONS:

1) PHONE NUMBER IS BOGUS

2) PERSONS DO NOT EXIST AT THE LEADS PHONE NUMBER

REFUND POLICY

YOU MAY REQUEST A REFUND USING OUR AUTOMATED DISPUTE FORM IN THE MEMBER AREA.  mckoymedia.com/SPS MAY PERFORM DUE DILIGENCE ON A CLAIMED BOGUS LEAD.  IF WE FIIND A LEAD IS GENUINE REFUNDS WILL NOT BE ISSUED, OTHERWISE THE FULL AMOUNT WILL BE CREDITED (IN STORE CREDIT) TO YOUR ACCOUNT

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO mckoymedia.com/SPS CONTENT, PARTNER/AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY mckoymedia.com/SPS THROUGH mckoymedia.com/SPS Web Sites IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. mckoymedia.com/SPS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. mckoymedia.com/SPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. mckoymedia.com/SPS SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF mckoymedia.com/SPS Web Sites IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 INFORMATION PROVIDED BY YOU THROUGH mckoymedia.com/SPS WEB SITES TO mckoymedia.com/SPS:

 In order for you to participate in certain services that mckoymedia.com/SPS provides through mckoymedia.com/SPS Web Sites, mckoymedia.com/SPS will require that you provide specific information about yourself (the "mckoymedia.com/SPS Solicited Information"). If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. mckoymedia.com/SPS is committed to maintaining the privacy and security of any and all such information that you provide to mckoymedia.com/SPS through mckoymedia.com/SPS Web Sites. To that end, mckoymedia.com/SPS urges you to review our Privacy Policy which may be accessed within this document. 

Non-Commercial Services:

mckoymedia.com/SPS provides through mckoymedia.com/SPS Web Sites a number of venues in which interactive services ("Interactive Services"), such as on-line calculators, planning tools, and checklists, are offered to you. Such services are offered by mckoymedia.com/SPS for the sole purpose of disseminating information for the public's benefit. mckoymedia.com/SPS cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.

THE INFORMATION CONTAINED IN AND PROVIDED THROUGH mckoymedia.com/SPS'S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO SUBSTITUTE FOR PROFESSIONAL ADVICE. mckoymedia.com/SPS MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. mckoymedia.com/SPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. mckoymedia.com/SPS SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL mckoymedia.com/SPS BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.

Third-Party Services:

A number of commercial services, such as financial and contractor services, are offered by third parties through the mckoymedia.com/SPS Web Sites. You acknowledge that by permitting such services to be offered through mckoymedia.com/SPS Web Sites, mckoymedia.com/SPS is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to mckoymedia.com/SPS. In order for mckoymedia.com/SPS to distribute your information and facilitate contacts between you and such third parties, you hereby grant mckoymedia.com/SPS permission to disclose any and all of the information that you provide to mckoymedia.com/SPS to any such third party that mckoymedia.com/SPS, i its sole discretion, deems relevant and appropriate.

Any information that you provide to mckoymedia.com/SPS must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through mckoymedia.com/SPS Web Sites unless you intend, in good faith, to contract with such third party for the use of such service.

mckoymedia.com/SPS is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release mckoymedia.com/SPS (and its affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

GENERAL TERMS

This Agreement is governed by the laws of the State of MI, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in MI, in all disputes arising out of or relating to the use of mckoymedia.com/SPS Web Sites. Use of mckoymedia.com/SPS Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and mckoymedia.com/SPS as a result of this Agreement or use of mckoymedia.com/SPS Web Sites. mckoymedia.com/SPS's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of mckoymedia.com/SPS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the mckoymedia.com/SPS Web Sites or information provided to or gathered by mckoymedia.com/SPS with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and mckoymedia.com/SPS with respect to mckoymedia.com/SPS Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and mckoymedia.com/SPS with respect to mckoymedia.com/SPS Web Sites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. mckoymedia.com/SPS, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL mckoymedia.com/SPS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF mckoymedia.com/SPS WEB SITES, WITH THE DELAY OR INABILITY TO USE mckoymedia.com/SPS WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH mckoymedia.com/SPS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF mckoymedia.com/SPS WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF mckoymedia.com/SPS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF mckoymedia.com/SPS WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING HOMENOCREDITCHECK.COM WEB SITES.

You agree to indemnify, defend and hold harmless mckoymedia.com/SPS, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE mckoymedia.com/SPS SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. mckoymedia.com/SPS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE mckoymedia.com/SPS SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY mckoymedia.com/SPS, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL mckoymedia.com/SPS, mckoymedia.com/SPS, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE mckoymedia.com/SPS SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE mckoymedia.com/SPS SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO mckoymedia.com/SPS RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT mckoymedia.com/SPS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM mckoymedia.com/SPS AND ITS AFFILIATES.

LIMITATION OF LIABILITY

EXCEPT FOR ACTIONS BY mckoymedia.com/SPS TO COLLECT FEES DUE TO US, IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING mckoymedia.com/SPS, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF mckoymedia.com/SPS, mckoymedia.com/SPS, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

WITH THE EXCEPTION OF A LEGAL ACTION BY US TO COLLECT PAYMENT OF FEES DUE FOR LEADS DELIVERED TO BROKER FOR WHICH SUCH ACTION MAY BE BROUGHT WITHIN THREE (3) YEARS OF THE DEBT BEING INCURRED, NO OTHER ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

FORCE MAJEURE

Neither party shall be liable in any way for its failure to perform hereunder, other than its failure to pay any monies due and owing hereunder, if such failure is occasioned by any of the following: war; fire; flood; interruption of transportation; embargo; accident; explosion; governmental orders, regulations, restrictions, priorities or rationing; strike, lockout or other labor problems; or any cause beyond the reasonable control of the non-performing party provided, however, that the non-performing party shall make a good faith effort to perform.

COPYRIGHT AND TRADEMARKS

All contents of the mckoymedia.com/SPS website are proprietary to mckoymedia.com/SPS its successors and assigns, and/or its suppliers and are protected under U.S.A. and international Copyright and Trademark laws. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this website for your personal records to be used as a reference.   mckoymedia.com/SPS does not grant any license or other authorization to any user of its trademarks, service marks, copyrightable material or other intellectual property by placing them on this website. mckoymedia.com/SPS reserves any rights not expressly granted herein.

TERM OF AGREEMENT AND TERMINATION

THIS AGREEMENT IS NON-CANCELLABLE BY MEMBER DURING THE FIRST SIXTY (60) DAYS FOLLOWING ACTIVATION.

This Agreement shall remain in force and effect as long as you hold an account with mckoymedia.com/SPS. This Agreement is automatically renewed each time you access the mckoymedia.com/SPS website and/or log-in to your account and/or use our services. You may close your account at any time after the 60th calendar day following your account activation and terminate this Agreement by providing not less than ten (10) days prior written notice sent by traditional postal service mail, courier or facsimile to mckoymedia.com/SPS of your desire to cancel your account. Absence of such a voluntary cancellation this agreement may be terminated immediately by either party:

1) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or

2) At any time upon written notice (including electronic mail) with or without cause by mckoymedia.com/SPS in the event of a material breach by you of any of the Terms of Service set forth herein.

3) Upon written notice to the other party if such party reasonably believes that (i) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (ii) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.

GOVERNING LAW AND CHOICE OF VENUE

California law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liability clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of michigan, County of monroe or to any Federal Court located within the southern district for the State of michigan.

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless mckoymedia.com/SPS against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with mckoymedia.com/SPS.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

ASSIGNMENT

You may not sell, assign or otherwise transfer any of your rights or obligations under this Agreement to any other person or entity, without the express written consent of mckoymedia.com/SPS. Notwithstanding the foregoing, either You or mckoymedia.com/SPS may assign its rights and obligations under this Agreement without consent and without notice to the other, and both You and mckoymedia.com/SPS shall accept such assignment as a novation, to a successor as a result of a change in business legal structure, corporate restructuring, reorganization, merger, consolidation, or acquisition of all or substantially all of the assigning party's stock or assets, provided that this Agreement shall be binding upon, inure to the benefit of and be enforceable by You and mckoymedia.com/SPS and their respective successors and assigns.

ENTIRE AGREEMENT

This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.

MODIFICATION OF TERMS

mckoymedia.com/SPS reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the mckoymedia.com/SPS website. You are responsible for regularly reviewing these documents. Continued use of the mckoymedia.com/SPS website after any such changes shall constitute your consent to such changes. mckoymedia.com/SPS does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.

INDEPENDENT COUNSEL

Your establishing of an account and/or your use of the mckoymedia.com/SPS website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.

 

 

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