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ABCIncome Website User And Client Services Agreement
Terms And Conditions
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ABCIncome OFFERS YOU ACCESS TO OUR SERVICES.
1. By clicking on the order button I am ordering system access for the Non-Refundable fee specified. These small initial fees are Non-Refundable but you may cancel at any time to avoid further charges. I have read and agree to the Privacy Policy and Terms And Conditions. Charges will appear on your credit/debit statement as "GRPMAX, L.L.C." and/or "ABCIncome".
You may cancel at any time through our Support Help Desk or Live Help.
If you cannot afford the modest non-refundable startup costs involved then please do not sign up.
2. You understand that ABCIncome is a provider of business building and marketing services that can optionally be hired to assist people in building their businesses.
You understand the difference between a work-at-home job (that offers to pay a wage or salary), which is NOT what this is, versus an at-home business in which startup costs are involved as well as ongoing operating expenses and overhead. ABCIncome is a business building service provider and vendor that provides marketing, advertising, online support, and related services for people seeking a Web-based business building system. Nothing here should be construed as a job, a job offer, or an application to apply for a job.
You agree to direct all ABCIncome related support issues to ABCIncome's Client Services Support Help Desk, which you will be given access to immediately after you register with ABCIncome.
3. You are of adult age (as determined by your state or jurisdiction) at least 18 years old.
4. You have located the necessary information on the Trial Offer Website and have read it to the degree necessary to understand how the offer works.
5. Support Response Times - Because ABCIncome is a Web-based program support is provided accordingly. Primary support is provided by all of the many online pages, help screens and instructions, FAQs (Frequently Asked Questions), and Knowledgebase articles available throughout our Web site and Help Desk.
You may also request support directly through our Help Desk, which is available from within the ABCIncome Business Center. General-purpose contact forms, email addresses, phone numbers, fax, Live Help, etc., associated with ABCIncome are not connected with our Help Desk and should not be used for support purposes. ABCIncome does not guarantee a response to support requests sent through those means. Live Help is primarily intended for quick Pre-Sales questions from prospective (not existing) clients. If you have already paid to become a member please use the Support link found inside your ABCIncome Business Center to access our Client Services Support Help Desk. If you have forgotten your Password or Username to login to the Business Center simply use the Lost Password feature to retrieve your login information.
Paid members are entitled to 5 free support requests per year, which you may submit through our Help Desk. Because ABCIncome does not make any money on the fees that it charges for its business building service and because we contribute grant funding of up to 100% or more of the cost of building your business we cannot do that and also provide staffing for non-paid priority support; especially when 80% of the inquiries and questions that we receive are about information that already appears on our Website, or are related to computer technical support or user error issues. Our response times for free support range from extremely fast, to slower than we would like, due to the above. We aim for, but do not guarantee, a response within 24 business hours, which equates to up to 5 total calendar days. If you use all 5 of your free support requests for a calendar year you may request paid support at a cost of $30 per incident. You may request priority support at a cost of $100 per incident.
6. You can afford the modest $1.95 Trial Offer processing fee and eventual $29.95 monthly cost should you continue to participate in our program.
7. That you are authorized to use the credit card used to signup.
8. You possess the basic computer skills and requirements in order to be able to effectively participate. If you do not know how to effectively use your computer and/or email program ABCIncome cannot and will not provide free computer tech support and/or instruction for you.
If you encounter an error that is positively on our end, on our Website, or you find a glitch, etc., we do want you to tell us and we are more than happy to assist to correct the problem. However, easily 80% or more of the support requests that we receive are due to user error or computer inexperience, or due to firewall, Internet security, Pop-Up blockers, or other software or configurations on the user’s computer, and not due to anything that is the responsibility of ABCIncome.
Again, we cannot and will not provide technical support or training for your computer. That is your responsibility.
If you do not meet the above criteria then please simply do not sign up for our program.
By proceeding you hereby certify that you have read, meet, and agree with the above criteria as well as those below.
TERMS AND CONDITIONS CONTINUED
Welcome to the User Agreement (also referred to as "Agreement" or "User Agreement") for ABCIncome, a GRPMAX, L.L.C. operated Website. ABCIncome is owned, managed, and operated by GRPMAX, L.L.C., and the party you are contracting with is GRPMAX, L.L.C. This Agreement describes the terms and conditions applicable to your use of services available via the websites operated by and for ABCIncome (the "Site" or "Website" ). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
This agreement is considered a reflection and extension of concepts, principles, services, and terms, explained throughout the Site. If you have questions please review and or refer to the applicable areas of our Site, including Frequently Asked Questions and/or our Knowledgebase for expanded information on our service offerings, all of which you gain access to through your online Business Center after you have signed up.
You must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a client of ABCIncome. As you read this User Agreement you may also access and read information contained in other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an ABCIncome client. By accepting this User Agreement, you also agree that your use of other ABCIncome and/or GRPMAX, L.L.C. websites will be governed by the User Agreement and Privacy Policy posted on those websites.
Terms and conditions are subject to change, and we reserve the right to change or amend this Agreement. This Agreement may not be otherwise altered or modified, except in a writing as authorized by ABCIncome and/or GRPMAX, L.L.C.
9. Client Eligibility And Payment Authorization -
Our services are only available to and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18) or to clients who have been temporarily or indefinitely barred from participation. If you do not qualify, please do not use our Site. You agree not to share your ABCIncome account, Username, or Password, with other users (other than someone legally so authorized, i.e., a spouse, employee, power of attorney) and your account may not be transferred or sold to another party without prior written authorization.
You certify that you are authorized to use the credit card or other means of payment that you are using. If you are registering as a business entity you represent that you have the authority to bind the entity to this Agreement. It is your sole responsibility to rectify any breach of the above conditions. For example, if you register for a non-refundable service on our site but your spouse, parent, relative, business partner or associate, etc., should later disagree with your purchase that is a matter to be resolved between you and the other party. It is not ABCIncome’s responsibility to incur the costs of refunding to you a nonrefundable fee because you misrepresented your ability to pay at the time of purchase.
10. Fees and Services -
We charge a professional business building, marketing, and advertising fee for the services available through our Site. Our fee structure, guarantee, and refund policy is available on the Website and is incorporated into this Agreement by reference. We reserve the right to change our Policy and the fees for our services from time to time and any such changes are effective immediately after we post the changes on the Site. We may at our sole discretion change some or all of our services at any time. In the event that we introduce a new service the fees for that service are effective at the time of launch of that service. All fees are quoted in U.S. Dollars unless otherwise stated.
11.1 GRPMAX, L.L.C. is a Service Provider only.
11.2 Communication Between Members –
Unless you are an experienced marketer skilled at building a business on your own we strongly discourage you from communicating directly with other members who are assigned to you through this system. Even if you are an experienced marketer you are likely not thoroughly versed enough in ABCIncome's program or its Policies and Procedures to knowledgably present the program to others without great potential for misunderstanding or confusion. Our experience historically has been that signup and conversion rates go DOWN when inexperienced individuals communicate with others who have been assigned to them automatically by our system. Additionally, you hereby acknowledge that you understand many of the people attracted to ABCIncome's program are attracted precisely because they do NOT wish to have direct contact with others in building their business. Therefore, if you do choose to communicate with those assigned to you by our system and ABCIncome receives an excessive or troubling number of complaints regarding your activities it may result in your inability to participate and/or your removal from our program.
11.3 In the event that a dispute arises with one or more of the users assigned to you, you release ABCIncome, GRPMAX, L.LC., and our officers, directors, agents, subsidiaries, joint venture partners, and employees, from claims, demands or 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.
11.4 We do not control the information or representations provided by other users or any communication that you might have with them. Unless otherwise noted officially via ABCIncome members are not employed by ABCIncome or trained to answer questions about ABCIncome. Information provided to you by other members may or may not be accurate so we strongly encourage you to rely on official ABCIncome sources of information such as our Website, FAQs (Frequently Asked Questions), our Knowledgebase, Help Desk, etc.
12. Registering as a Member -
As a registered member you agree after signup to immediately login to and access your Business Center where complete instructions regarding ABCIncome’s system can be found. If you experience difficulty or are unable to login you agree to immediately contact us for assistance via the support means described herein, which you may do 24 hours a day, 7 days a week. Your non-use of the system for reasons unrelated to ABCIncome, such as failing to notify us and request assistance via the means described herein, being on vacation, forgetting you signed up, or simply not using the service after you sign up, is not the responsibility of ABCIncome and does not warrant a justification for non-payment or refund of non-refundable fees paid during the period of non-use.
13.1 Fraud and/or Abuse of Our System Resources -
13.2 Without limiting any other remedies ABCIncome may suspend or terminate your account if we suspect that you (by investigation, conviction, or otherwise) have engaged in fraudulent or abusive activity in connection with our Site or systems.
14.1 Your Information -
14.2 "Your Information" is defined as any information you provide to us in the registration process, through Live Help, our Help Desk, or through any email feature. You are solely responsible for the accuracy of Your Information and keeping it up to date and correct. If, for example, your email address changes, you may update this yourself by logging into the ABCIncome Business Center. ABCIncome is not responsible for changing or updating Your Information and any such requests received will be responded to by instructing you in how you may do so yourself via the Business Center.
14.3 Your Information and your activities on the Site shall not be false, inaccurate or misleading, contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information, create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers, or include any mention of or links to ABCIncome in any mass distribution of email.
15. Access and Interference -
Much of the information on our Site is proprietary. You agree that you will not take any action that may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, copy, reproduce, modify, or create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of ABCIncome and the appropriate third party, as applicable.
16. Breach -
Without limiting other remedies, we may limit your activity, warn our members of your actions, issue a warning, temporarily or indefinitely suspend or terminate your membership, and refuse to provide our services to you if you breach this Agreement or the documents it incorporates by reference, if we are unable to verify or authenticate any information you provide to us, or we believe that your actions may cause financial loss or legal liability for you, our users or us.
17. Privacy -
We do not sell or rent your personal information to third parties for any purpose and only use your information as described in our Privacy Policy. A link to our current Privacy Policy is typically available at the bottom of each page on the website.
If you object to Your Information being used in this way please do not use our services.
18. No Warranty -
ABCIncome, our subsidiaries, officers, directors, employees and vendors provide our web site and services "as is" and without any warranty or condition, express, implied or statutory. we, our subsidiaries, officers, directors, employees and vendors specifically disclaim any implied warranties of fitness for a particular purpose. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
19. Limitation of Liability -
Under no circumstances shall we, our subsidiaries, officers, directors, employees or vendors be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement, however arising, including negligence.
ABCIncome’s liability, and the liability of our subsidiaries, officers, directors, employees, and vendors, to you or any third parties in any circumstance is limited to the amount of refundable fees you pay to us in the 12 months prior to the action giving rise to liability. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
20.1 Indemnity -
You agree to indemnify and hold GRPMAX, its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
20.2 Nature of relationship -
You and GRPMAX have either a consumer/provider or independent contractor relationship, and no partnership, joint venture, affiliate, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
20.3. Legal Compliance -
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations, including payment of any applicable taxes. GRPMAX is not responsible for withholding taxes on any monies that you may earn as a result of using our services.
21. Electronic Signature, Notices, Disclosure, and Consent -
As an online as opposed to paper transaction you agree that your completion of the online form, agreement to the Terms And Conditions, and clicking to agree and accept by clicking on, pressing Enter, and/or otherwise activating the submittal button to complete the sign up and/or payment process constitutes your electronic signature and agreement to all terms herein recognized by you as being equally as valid for this purpose as a hardcopy signature rendered via pen and paper.
You agree that we may provide you with any disclosures, notices or other information required in connection with your Account electronically rather than via paper. Likewise, you consent to do business and initiate communications with us electronically.
Except as stated otherwise any notices shall be sent to the email address you provide to ABCIncome during the registration process. It is your responsibility to keep your email address current, which you can easily update via ABCIncome’s Business Center. At our option we may alternatively send you notice by certified mail to the address provided during the registration process. In such case notice shall be deemed given 3 days after the date of mailing. Any notices that you desire to send may be sent by postal mail to: ABCIncome Legal Department, 2525 East Paris Ave SE, Suite 100 Grand Rapids, MI 49546.
All important transactions with ABCIncome, including purchases and initiating and receiving responses to support request, may be conducted directly from within your account in the online Business Center and the Web pages that will be presented to you during and after each transaction and action. Therefore, while ABCIncome as an additional courtesy and convenience to you may at its discretion also send an email copy of such transactions, due to the problems of Spam, email blocking and filtering, and/or simply user error or users missing emails sent to them, you agree that your failure to receive an email copy for a specific transaction does not constitute a failure on ABCIncome’s part to deliver the services in question. You agree to login to your online account, the Help Desk (if you are awaiting a reply to a support request), as often as necessary so as to be informed of the status of your account and transactions. If you require a hardcopy you may print a copy of the relevant screen(s) for your records, pursuant to ABCIncome’s legal, copyright, trademark, and other rights.
22.1 Disputes –
In the event a dispute arises between you and ABCIncome our goal is to provide you with a fair and cost effective means of resolving the dispute quickly. Before resorting to any below-mentioned alternative we strongly encourage you to first contact us directly. We will consider all reasonable requests to resolve the dispute prior to further action being pursued.
22.2 This Agreement will be governed by and construed in accordance with the laws of the State of Michigan. For any claims or causes of action relating to the performance of either party where the total amount of the award sought is less than $10,000 you or ABCIncome may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases arbitration shall be in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (JAMS). The parties shall be allowed all discovery rights pursuant to the Federal Rules of Civil Procedure. If you file a claim or counterclaim against ABCIncome, a you shall do so on an individual basis and not with any other member or as part of a class action. The decision of the arbitrator shall be final and binding on both parties and may, if need be, any judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Both parties to arbitration shall be responsible for their own expenses, including but not limited to legal and filing fees. This agreement to arbitrate shall survive any expiration or termination of the agreement and Terms and Conditions.
22.3 Court –
Alternatively, the Claim may be adjudicated by a court of competent jurisdiction located in Kent County, Michigan. You along with ABCIncome agree to submit to the jurisdiction of the courts located within the county of Kent County, Michigan.
23.1 Additional Terms -
Ongoing business operations such as changes in pricing, routine agreements, and addendums, etc., are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site.
23.2 Each of these policies may be changed periodically and are effective immediately after we post the changes on the Site. Additionally, when using services on the Site you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may also be posted periodically. All such posted policies, procedures, or rules are hereby incorporated by reference into this Agreement.
24.1 General -
This Agreement shall be governed in all respects by the laws of the State of Michigan as such laws are applicable to agreements entered into and to be performed entirely within Michigan. We do not guarantee 100% continuous uptime or that our site or services will never be interrupted or interfered with by factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, it shall not invalidate the remaining provisions and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by GRPMAX, L.L.C. and ABCIncome in accordance with Section 21 "Notices." Any failure on our part to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
24.2 This Agreement sets forth the entire contract and understanding between you and GRPMAX, L.L.C. and ABCIncome. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect. With respect to fees owed for our services, license and/or permission to access our site, and the terms thereof, liability limitations, indemnity, and resolution of disputes, all shall survive any termination or expiration of this Agreement.
25. Disclosures -
The services hereunder are offered by GRPMAX, L.L.C. and ABCIncome, located at 2525 East Paris Ave SE, Suite 100, Grand Rapids, MI 49546.
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