Service Level Agreement | Acceptable
Use Policy | No Spam Policy
This Master Service
Agreement is between
Medicine Wheel Website
BY ACCEPTING THIS
AGREEMENT AND USING Our company'S SERVICES YOU AGREE TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OUR COMAPNY'S SERVICE
LEVEL AGREEMENT, Our company'S ACCEPTABLE
USE POLICY AND OUR COMPANY'S NO-SPAM POLICY.
Our company and You
agree to the following provisions:
1. Provision of Services.
Our company agrees to provide services to you in accordance with the Service
Level Agreement in exchange for your payment for our company's services,
your execution and compliance with this agreement, and your compliance
with our company's Acceptable Use Policy
and No-Spam Policy. Provision of our company's
services shall commence once our company has received both Your payment
for our company's services and this Agreement duly executed by You. You
warrant and represent that You shall use our company's services only for
2. Agreement Term
term of this agreement shall be from the date of your initial payment
and execution of this agreement through the remainder of the calendar
month in which this agreement was executed. The term of this agreement,
after the initial agreement term, shall be one calendar month.
3. Automatic Renewal
shall renew automatically at the end of the prior agreement term unless
terminated either by You or by the Our company.
4. Termination without
You may terminate this agreement at any time, for any reason, by notifying
us by email (email@example.com)
prior to the automatic renewal of this contract. OUR COMAPNY SHALL NOT
REFUND AMOUNTS ALREADY BILLED FOR THE MONTH IN WHICH YOU TERMINATE THE
AGREEMENT. ALL CUSTOMER DATA AND ACCOUNT SETTINGS INCLUDING, BUT NOT LIMITED
TO, WEB SITE CONTENT, DATABASES, AND E-MAIL MESSAGES ARE IRREVOCABLY DELETED
UPON ACCOUNT TERMINATION.
Our company may terminate
this agreement at any time, for any reason, by: Providing written or electronic
mail notice of termination to your e-mail contact address no less than
fifteen days prior to the service termination; and refunding or not charging
your credit card account for the monthly services charge for the month
in which our company services terminate.
5. Termination for
YOU AGREE TO MAINTAIN AND KEEP CURRENT ALL CONTACT INFORMATION FOR YOUR
ACCOUNT(S) WHICH IS(ARE) STORED WITHIN Our company SERVERS. FAILURE TO
MAINTAIN OR KEEP CURRENT ALL CONTACT INFORMATION SHALL BE A VALID GROUND
FOR Our company TERMINATION OF SERVICES FOR CAUSE.
IF OUR COMPANY TERMINATES
YOUR ACCOUNT FOR A VIOLATION OF THIS AGREEMENT, OUR COMPANY'S ACCEPTABLE
USE POLICY, OR OUR COMPANY'S NO SPAM POLICY,
OUR COMPANY SHALL NOT BE REQUIRED TO REFUND TO YOU ANY AMOUNTS BILLED
TO YOU FOR THE MONTH IN WHICH OUR COMPANY SERVICES TERMINATE.
6. Payment Terms
You agree to be billed monthly via your credit card for all recurring
and one-time charges, including late and termination charges, for any
company services ordered by You and any fees You owe to our company. Our
company shall not provide You with an invoice.
Our company shall not be liable for any taxes and other governmental fees
to be paid which are related to purchases made from You or from Our company's
server. You agree that you shall be fully responsible for all taxes and
fees of any nature associated with products or services sold through the
use of or with the aid of services provided to You by Our company.
8. Materials and Products
and data you provide to our company in connection with our company's services
shall be in a condition that is in a form requiring no additional manipulation
on the part of the our company. Our company shall make no effort to validate
this material or data for content, correctness, or usability. Material
or data that is not in this condition shall be a breach of this agreement.
Our company may, in its sole discretion, reject material or data that
You have placed on our company's servers or that You request our company
put on our company's servers. Our company agrees to notify You immediately
of its refusal of the material or data and provide You with an opportunity
to amend or modify the material or data to meet the requirements of our
company. Your failure to amend or modify the data or material as directed
by our company within a reasonable time shall be a breach of this agreement.
9. Liability; No Warranty;
Limitation of Damages
YOU EXPRESSLY AGREE THAT USE OF Our company'S SERVICES IS AT YOUR SOLE
The our company, its
agents, affiliates, licensors or the like, do not represent or warrant,
expressly or impliedly, that our company's services will not be interrupted
or error free; neither do they make any warranty as to the results that
may be obtained from the use of our company's services or as to the accuracy,
reliability, or content of any information service or merchandise contained
in or provided through the our company's services, unless otherwise expressly
stated in this agreement.
The our company, its
officers, agents, or anyone else involved in providing our company's services
shall not be liable for any direct, indirect, incidental, special, or
consequential damages that result from the use or inability to use our
company's services; or for any damages that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, 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 our company's records, programs, or services.
The company will exercise
no control over the content of the information passing through our company's
network except those controls expressly provided herein.
Our company makes
no warranties or representations of any kind, express or implied, for
the service it is providing. The company also disclaims any warranty of
merchantability or fitness for a particular purpose and will not be responsible
for any damages that may be suffered by the You, including loss of data
resulting from delays, non-deliveries, or service interruptions by any
cause or due to your errors or omissions. Use of any information obtained
by way of our company is to be used at Your own risk, and our company
specifically denies any responsibility for the accuracy or quality of
information obtained through its services.
10. Patents, Copyrights,
Trademarks, and Other Intellectual and Proprietary Rights. Except for
rights expressly granted herein, this agreement does not transfer any
intellectual or other property or proprietary right to You. You agree
that all right, title, and interest in any product or service provided
to You is our company's. These products and services are only for your
use in connection with our company's services provided to you as outlined
in this agreement.You expressly warrant to our company that You have the
right to use any patented, copyrighted, or trademarked material which
You use, post, or otherwise transfer to our company servers.
You agree that you shall defend, indemnify, save, and hold our company
harmless from any and all demands, liabilities, losses, costs, and claims,
including reasonable attorneys' fees, asserted against our company, its
agents, servants, officers, and employees, that may arise or result from
any service provided or performed or agreed to be performed or any product
sold by You, your agents, employees, or assigns. You agree to defend,
indemnify, and hold harmless our company against liabilities arising out
(i) any injury to
person or property caused by any products sold or otherwise distributed
in connection with Our company services provided to you;
(ii) any material
supplied by You infringing or allegedly infringing on the property or
proprietary rights of a third party;
(iii) copyright infringement;
(iv) any defective
product which You sold or distributed by means of Our company services.
You agree that the
liability limit of our company shall in no event be greater than the aggregate
dollar amount which You paid during the terms of this agreement, including
any reasonable attorneys' fees and court costs.
Governing Law; Jurisdiction; Forum. This agreement shall be governed by
and construed in accordance with the laws of the state of Washington without
regard to its conflicts of laws or principles. You agree, in the event
any suit is brought in connection with our company's provision of services
to you, to submit to the jurisdiction of the state of Washington, and
agree to the courts of Okanogan County, Washington as the appropriate
Severability. In case
any one or more of the provisions contained herein shall, for any reason,
be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other
provisions of this agreement, and this agreement shall be construed as
if such provision(s) had never been contained herein, provided that such
provision(s) shall be curtailed, limited, or eliminated only to the extent
necessary to remove the invalidity, illegality, or unenforceability.
waiver by our company of any breach by You of any of the provisions of
this agreement shall be deemed a waiver of any preceding or succeeding
breach of this agreement. No such waiver shall be effective unless it
is in writing and then only to the extent expressly set forth in such
writing. Entire agreement. This agreement, including our company Acceptable
Use Policy, Our company No Spam Policy,
, shall constitute the entire agreement between You and our company.
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