Terms And
Conditions
This agreement establishes the
terms and conditions of membership in "The Profitable
Franchise Owner Membership", (herein referred to as
'Membership') provided by Archimedes Lever Inc. and John Hayes
and is provided to a Customer (herein referred to as
'Member').
The Member
herby agrees to the following terms and conditions.
Membership consist of access
and use of content contained in a members only website that
from time to time may contain one or more of the following:
Software, training audios, training videos, written materials,
membership forums, access to live and recorded
teleconferences, coaching calls and question and answer calls
and members only WebPages, as well as a monthly delivered
audio CD.
Archimedes Lever Inc., John
Hayes and Profitable Franchise Owner, provides all
content, live, written or recorded, on an as-is basis, and
Member agrees to hold harmless Archimedes Lever Inc., John
Hayes and Profitable Franchise Owner for any information
contained in the Membership.
Member agrees and understands
that the Membership, John Hayes or Archimedes Lever Inc. makes
no legal or financial recommendations and member agrees to
seek their own legal counsel and financial advisor for such
information.
Member agrees to the
following payment arrangement for access to the Membership. A
new Member is initially charged $6.95 for shipping of the
first monthly audio CD. At such time the member also agrees
that they will be granted 30 days access to the Membership at
no additional cost.
Member agrees that on or
about the 31st day of membership, the member agrees to pay
$29.95 per month for each month of access to the membership
and audio CD shipment.
Member agrees in advance to
be billed the $29.95 monthly charge beginning on or about the
31st day of membership and agrees to continue to be billed
each month thereafter until the membership is canceled.
Member agree that they are
fully aware that they are subscribing to a monthly recurring
charge, and that the charge will appear on their statement as
ProfitableFranchiseOwner.com
Member understands that
membership may be canceled at any time by either party for any
reason.
The Member may cancel their
Membership at any time, without cause at least three days
prior to the next billing cycle, and incur no further charges.
Member understands that in
order to cancel recurring billing and membership they must
send an email requesting cancellation to
no later than 3 working
days prior to the next months billing in order to avoid
further charges.
Member agrees that they
fully understand the payment arrangements completely and herby
waives their right to dispute these charges under any
condition.
Member agrees that it is the
members responsibility to initiate any and all cancellations
by requesting a cancellation via email to:
Member understands and agrees
that no cancellation requests will be accepted via phone, fax,
or US mail, and that the only method of cancellation is by
requesting a cancellation via email to:
Member agrees that there
are no refunds given under any circumstances. In addition,
Member agrees that there are no partial refunds for monthly
fees incurred, and that it is the Members responsibility to
cancel their Membership at least three business days prior to
the next billing date.
Member agrees that failure to
cancel their membership prior to the scheduled re-billing date
will not be accepted as a reason for a refund of the current
payment and That there are no full or partial/pro-rated
refunds for any reason.
Member agrees that upon
cancellation, all access to the Membership will cease
including access to member forums, private messages, system
emails, and downloadable items, on the last day of their
current billing cycle, and Archimedes Lever Inc., or John
Hayes are not responsible for any lost data that may occur due
to cancellation.
Payment for services to
Archimedes Lever Inc. and Profitable Franchise Owner
Charges for services at
Archimedes Lever Inc. and Perfect Spectrum LLC are processed
by the Authorize.net system and all charges will appear on
members statement as ProfitableFranchiseOwner.com
It is the Members
responsibility to make certain the billing information for
their account is kept current including credit card expiration
dates and billing address.
Changes to the billing
information, address, or expiration dates can be made by
sending an email to
. In no case should you
send your complete credit card number. Please reference all
changes by the last four digits of your card.
If billing data is not kept
current, Access to the Members account will cease on the last
day of their current billing cycle.
Member agrees that Archimedes Lever Inc. and Profitable
Franchise Owner has the right to delete Member accounts, and
all data associated with Member account, if payment is not
received as agreed for any reason.
Member agrees that Archimedes
Lever Inc. and Profitable Franchise Owner are not responsible
for over-draft charges that may occur when processing charges
against your account. It is the members responsibility to make
certain funds are available to cover the monthly recurring
charges.
The Member agrees to hold
harmless Archimedes Lever Inc. and Profitable Franchise owner,
from any claims resulting from the use of the Membership.
Member agrees to defend,
indemnify and hold harmless Archimedes Lever Inc., John Hayes
and Profitable Franchise Owner, jointly and severally and its
affiliated companies, partners, associates, affiliates,
employees, and owners from all liabilities, claims and
expenses, including attorneys' fees, arising from breach of
this Agreement.
Members must adhere to the
CAN-SPAM (Bill S. 877 - took effect on January 1, 2004).
Member understands that a
valid email address is required by Archimedes Lever Inc. and
Profitable Franchise Owner for this service.
Archimedes Lever Inc. and
Profitable Franchise Owner reserve the right to send periodic
promotional offers (via email) to Members.
Archimedes Lever Inc. and
Profitable Franchise Owner DOES NOT WARRANT THAT THE
MEMBERSHIP WILL BE ERROR FREE OR UNINTERRUPTED. THE MEMBERSHIP
IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PURPOSE.
Member understands and agrees
that Archimedes Lever Inc., John Hayes and Profitable
Franchise Owner, WILL NOT BE RESPONSIBLE FOR ANY LOSSES,
DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN
USING THE MEMBERSHIP.
MEMBER EXPRESSLY AGREES THAT
USE OF MEMBERSHIP IS AT MEMBERS SOLE RISK. NEITHER Archimedes
Lever Inc., John hayes or Profitable Franchise Owner NOR ITS
SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES, AFFILIATES,
OWNERS, or PARTNERS, SHALL HAVE ANY LIABILITY FOR ANY DAMAGES
SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR
MISUSE OF THE MEMBERSHIP.
Should any paragraph of this
agreement be considered illegal, invalid, or unenforceable by
a court of law, the legality, validity and enforceability of
the remaining paragraphs of this agreement shall remain
unaffected thereby unless otherwise stated.
This service agreement is
governed by the laws of the state of Nevada and of the United
States of America.
These Terms and Conditions
supersede all previous written, verbal or implied provisions.
Use of the membership and the Profitable Franchise Owner
website constitutes acceptance of these Terms and Conditions.
Archimedes Lever Inc. and
Profitable Franchise Owner reserves the right to make changes
and amendments to these terms and conditions at any time.
Archimedes Lever Inc. and
Profitable Franchise Owner agree to notify account owners of
any changes or amendments by posting changes on this page.
Member agrees and understands
that It is the members responsibility to remain aware of all
changes by visiting this page located at
http://www.profitablefranchiseowner.com/terms.html
