SurplusRecoveryAgent.com - Sprint to Success
This Agreement is entered into between TaxSaleProducts, doing business as SurplusRecoveryAgent.com, and the entity set forth in the Service Application Agreement (Customer). In order to simplify this document, "SurplusRecoveryAgent.com" is interchangeable with "SRA". The parties agree as follows:
SurplusRecoveryAgent.com provides proprietary intellectual properties including but not limited to manuals, ebooks, audio and video recordings, directories as well as other business tools and resources. Customer hereby subscribes to the use of SRA's intellectual properties for use solely as a factor in making its business decisions.
- PERFORMANCE. SRA will use reasonable efforts to provide the Services requested by Customer. Customer shall not rely on SRA for the accuracy or completeness of information supplied in using SRA's Services. SRA shall not be responsible for any consequential or other damages arising out of the use of the Services. SRA does not warrant that the Services will be timely or error free.
- UPFRONT CHARGES. At time of enrollment, customer agrees to a pay SRA the sum total of $497.00 (USD) one time OR $597.00 (USD) using a payment plan. Payment plan purchasers agree to pay SRA $199.00 (USD) at time of enrollment and two payments of $199.00 (USD) billed every 30 days. Customer acknowledges and agrees that payment plan purchasers monthly payment commitment of $199.00 (USD) is auto charged every 30 days corresponding with the day of the date of enrollment for a total of $597.00 (USD). If any payment(s) decline SRA reserves the right to continue to attempt to charge customers credit card until SRA has received all 3 payments totalling $597.00 (USD). Customer access to SRA services requires all payments to be current. For questions contact support by emailing email@example.com. Due to the nature of the immediate access to the intellectual property provided to customers, ALL SALES ARE FINAL. No cancellations will be accepted by phone or otherwise. We do accept calls for Login Issues at (877) 870-7959. SRA reserves the right to change prices, add or delete services, and change the characteristics of any service at any time and without notice. Customer shall pay to SRA prices as updated from time to time through online announcements, customer bulletins, and published price schedules. SRA is not responsible for ensuring delivery to customer of such updates, or changes, additions or deletions to any of its prices, which may occur, from time to time, and it is Customer's responsibility to check SRA's Website (www.SRA) and/or publications for such notifications. All current and future SRA pricing documents are deemed incorporated herein, by reference.
- WEBSITE HOSTING FEE. Customer agrees to pay SRA $9.00 (USD) a month to host customers website on SRA's server. Hosting charges begin 90 days following customers date of enrollment and every 30 days thereafter corresponding with the day of the date of enrollment and continue indefinitely or until customer cancels. Customer may cancel hosting using customer's back office or by contacting SRA. For questions, contact support by emailing firstname.lastname@example.org. Due to the nature of a website hosting service, once a monthly charge of $9 (USD) has been authorized by SRA's merchant, ALL SALES ARE FINAL AND THERE WILL BE NO REFUNDS FOR PAST HOSTING SERVICES.
- INTELLECTUAL PROPERTY. Customer agrees not to reproduce, retransmit, republish, or otherwise transfer for any commercial or other purpose any information that Customer receives from the SRA Services except in the ordinary and customary course of Customer's bona fide business. Under no circumstances is Customer to resell SRA's data through a website, or otherwise, without express written approval from SRA. Customer acknowledges that SRA (and/or SRA's third party data providers) shall retain all right, title, and interest in and to the data and information provided by the SRA Services under applicable contractual, copyright, and related laws, and Customer shall use such materials consistent with SRA's interests and notify SRA of any threatened or actual infringement of SRA's rights. Customer further acknowledges and agrees that it shall acquire no right, title or interest under applicable copyright and other laws in the databases and materials provided or accessed under this agreement.
- PAYMENT OF FEES/REFUND POLICY. Customer shall pay SRA for all charges incurred for the use of the SRA Services on a prepayment or monthly basis. Customer shall be responsible for payment for all Services obtained through Customer's personal account, whether or not said account is used by Customer or a third party, whether with or without Customer's consent. Neither the prepayment, or monthly basis charges are refundable. ALL SALES ARE FINAL. Once the enrollment payment of either $497.00 or $199.00 (USD) has been received all purchases are final. All payments are due and payable at the beginning of each 30 day billing cycle and will automatically be processed against the credit card submitted at time of enrollment. SRA reserves the right to terminate this Agreement and the right of Customer to use any information provided hereunder without prior notice to Customer upon any non-payment of fees by the due date.
- TERM OF AGREEMENT. This Agreement is for services rendered and shall be in full force and effect during such periods of time during which SRA is providing Services for Customer.
- GOVERNING LAW. The interpretation and enforcement of this Agreement, and all issues relating thereto, including the Services contemplated hereby, shall be governed by and construed in accordance with the laws of the State of Utah, without effect to conflict of law principles.
- ASSIGNMENT. The rights granted to Customer pursuant to this Agreement to use the SRA Services may not be assigned by Customer, in whole or in part, without the prior written consent of SRA.
- WARRANTIES/LIMITATION OF LIABILITY. Neither SRA nor any third party data provider (for purposes of indemnification, warranties, and limitations of liability only, as set forth in this Section and Section 10, SRA and its data providers are hereby collectively referred to as "SRA") shall be liable to Customer (or any person claiming through Customer) for any loss or injury arising out of or caused in whole or in part by SRA's acts, omissions or otherwise, except as expressly set forth in this Section. SRA makes no warranty or representation of any kind; and any warranty, express or implied, is excluded and disclaimed, including the implied warranties of merchantability and of fitness for a particular purpose. Without limiting the forgoing, and as part of the consideration for this Agreement, Customer expressly waives any claim against SRA (including any third party data provider) for any damage or loss caused in whole or in part by SRA's acts or omissions in procuring, compiling, interpreting, communicating or delivering the Services or the data associated therewith. It is agreed that SRA's liability (including the liability of any third party data provider) and Customer's sole remedy, whether in contract, under any warranty, in tort (including negligence), in strict liability or otherwise, shall not exceed the return of the charges paid by Customer, and under no circumstances shall SRA (or any third party data provider) be liable for any special, incidental, punitive or consequential damages, including, but not limited to, personal injury, property damage, damage to or loss of equipment, lost profits or revenue, costs of obtaining replacement services and other additional expenses, even if SRA has been advised of the possibility of such damages. The price stated for the Services is a consideration in limiting SRA's liability and Customer's remedy. Each Party hereto shall indemnify, defend, and hold harmless the other Party, its directors, officers, employees and agents with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that it is based upon a claim that, if true, would constitute a breach of any of the indemnifying Party's representations, warranties, or agreements hereunder. In claiming any indemnification hereunder, the Party claiming indemnification (the "Claimant") shall provide the other Party with written notice of any claim which the Claimant believes falls within the scope of this section within ten (10) days after it becomes known to such party, provided, however, that the failure to give such notice shall not relieve the indemnifying party of its obligations to indemnify. The Claimant may, at its own expense, assist in the defense if it so chooses, provided that the other party shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Claimant shall not be final without the Claimant's written consent.
- INDEMNIFICATION. Customer hereby agrees to protect, indemnify, defend, and hold harmless SRA from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to use of information or Services received by Customer (or any third party receiving such information from or through Customer) pursuant to this Agreement.
- SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims, indemnification, use of information and data, payment for SRA's Services and disclaimer of warranties shall survive any termination of this Agreement.
- ATTORNEY FEES. The prevailing party in any action, claim or lawsuit brought pursuant to this Agreement or to interpret or enforce it is entitled to payment of all attorney fees and costs expended by such prevailing party in association with such action, claim or lawsuit.
- CUSTOMER CHANGE. Customer shall notify SRA immediately of any changes to the information it provided on SRA's Service Application. SRA reserves the right to terminate Customer's access to the Service or terminate this Agreement without further notice upon receipt of any change which, in its sole discretion, would prevent or hinder Customer in complying with its obligations under this Agreement.
- RELATIONSHIP OF PARTIES. Customer shall at no time represent that it is an authorized agent or representative of SRA.
- CHANGE IN AGREEMENT. By receipt of the SRA Services, Customer agrees to, and shall comply with, such revised and/or additional terms, as SRA shall make from time to time. SRA shall use reasonable efforts to provide notice by online click wrap amendments, facsimile, mail or other method.