REALSAVER,ORG MEMBER AGREEMENT
1.
AGREEMENT
All
use of REALSAVER,ORG service is conditioned by the acceptance without
modification of the terms, conditions, and notices contained in this Agreement.
By executing an agreement with REALSAVER,ORG via clicking on the "I
Accept" button at the end these terms and conditions, the member
acknowledges that they have read and understand the contents of this Agreement
and agree to be legally bound thereby.
REALSAVER,ORG may, at
any time, choose to edit, add and/or delete portions of this agreement and
impose changes without prior notification of its members. Members will be
informed of any and all changes to this policy via an e-mail to their primary
contact e-mail address provided upon signing up with REALSAVER,ORG. If any
modification is unacceptable to you, your only recourse is to terminate this
agreement. Your continued participation in the REALSAVER,ORG program
following our posting of a change in policy notice or new agreement on our site
will constitute binding acceptance to the change.
Using
of system with program robots is strictly prohibited. Any use of such systems
will result in immediate termination of access.
2.
PROPRIETARY AND TRADEMARK RIGHTS
Member
acknowledges and agrees that: (a) REALSAVER,ORG is and shall continue to be
the absolute owner of the software and data delivered as a part of this
service; (b) Member's right to use said data and software is derived solely
from these terms and conditions; and (c) Such right is expressly limited
pursuant to these terms and conditions. Member shall at no time assert any
claim of ownership over the software and data by reason of its use thereof and
shall not grant or create or suffer to exist any lien or other security
interest in it or any of its rights hereunder.
REALSAVER,ORG
and other product names are trademarks or registered trademarks of REALSAVER,ORG.
3.
RESPONSIBILITY OF MEMBERS
You must be 13 years of age or older to participate in this program. Our
program is open to both International and US members and is void where
prohibited by local governing laws.
You agree to and must use your own name and e-mail address in the sign-up
process and may not assume a false identity. You may not sign-up multiple times
with different e-mail addresses. Multiple sign-ups shall be grounds for
immediate termination of all involved accounts. REALSAVER,ORG will file charges for recovery of any earnings
received from multiple sign-ups.
Should any instances of
fraud, system abuse, or any type of activity deemed to be inappropriate or
illegal by REALSAVER,ORG be detected it may result in member termination and
possible legal action. Any solicitation of advertisers for a confirmation
e-mail for purposes of receiving credit in your account will be grounds for
immediate termination.
You must maintain your
e-mail account that you used when signing up with REALSAVER,ORG. You agree
to receive e-mail advertising from REALSAVER,ORG.
In the event your e-mail account on file becomes closed or blocked to messages
from REALSAVER,ORG, your account will be terminated. This especially applies
to e-mail accounts returned for being full. Any member sending us gibberish
will result in automatic termination of account and Forfeiture of All earnings
to date of termination. Auto-responses will also be deleted immediately.
Member
is responsible for the confidentiality and use of its user ID, password and
account number. Member agrees to notify REALSAVER,ORG immediately of any
loss, theft, or unauthorized use of their userid, password, or account number.
You and REALSAVER,ORG
are independent contractors, and nothing in this Agreement creates any
partnership, joint venture, agency, franchise, sales representative or
employment relationship between you and REALSAVER,ORG. You understand that
you do not have authority to make or accept any offers or make any
representations on behalf of REALSAVER,ORG. You may not make any statement,
whether on your site or otherwise, that would contradict anything in this
section. You are solely responsible for the reporting and payment of any taxes
for money earned while using the program.
You may not promote your
referral links through unsolicited e-mailing (i.e. SPAMMING), newsgroup
postings, or any other method of mass communication. Failure to comply will
result in immediate termination of your membership with REALSAVER,ORG and
may result in legal prosecution. REALSAVER,ORG strictly enforces
anti-Spamming laws. Spamming is a federal crime. Any member caught Spamming
will not only have their account terminated immediately and lose any past,
present and future earnings, but shall also be held liable for Spamming as we
shall cooperate with any authorities and investigations that may arise from the
Spamming incident.
4. LIMITATION ON LIABILITY
The
market data and information provided with REALSAVER,ORG's services is
believed to be reliable and REALSAVER,ORG agrees to update member data on a
daily basis. However, REALSAVER,ORG does not warrant or guarantee such
accuracy and quality of products and services advertised by our associates and
shall not be subject to liability for truth, accuracy, or completeness of the
information conveyed to member or for errors, mistakes or omissions therein or
for any delays or interruptions of the data or information stream from whatever
cause. This Agreement does not violate any agency requirements and
REALSAVER,ORG has the right to enter into this agreement from its
information providers.
REALSAVER,ORG
shall not be responsible for, nor be in default under this agreement due to
delays or failure of performance resulting from Internet Service Provider
delivery problems or failure, or any communication or delivery problems
associated with member's receipt of the data or services including
REALSAVER,ORG user e-mail. Furthermore, REALSAVER,ORG shall not be
responsible for nor in default due to acts or causes beyond its control,
including but not limited to: acts of God, strikes, lockouts, communications line
or equipment failures, power failures, earthquakes, or other disasters.
REALSAVER,ORG will not
be liable for lost profits, lost business opportunities, or any other indirect,
special, punitive, incidental or consequential damages arising out of or related
to this Agreement or REALSAVER,ORG program, even if REALSAVER,ORG has
been advised of the possibility of such damages.
LIABILITY
UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES, INCLUDING, BUT NOT LIMITED TO,
PROGRAM MALFUNCTION OR OPERATIONAL NEGLIGENCE,OR QUALITY OF PRODUCTS AND
SERVICES ADVERTIZED BY OUR ASSOCIATES, SHALL BE LIMITED TO GENERAL MONEY
DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL MONEY AMOUNT PAYABLE ASSOCIATED
WITH MEMBER ACCOUNT. SUCH LIMITATION SHALL BE THE EXTENT OF REALSAVER,ORG'S
LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE
BROUGHT AGAINST REALSAVER,ORG, AND THE FOREGOING SHALL CONSTITUTE
REALSAVER,ORG'S OR MEMBER'S SOLE REMEDY.
5.
EXCLUSION OF WARRANTIES
It
is expressly understood and agreed to by the parties hereto that EXCEPT AS
SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY EXCLUDED.
6.
INDEMNIFICATION
The
member agrees to indemnify REALSAVER,ORG from and against any and all
liabilities, expenses (including attorney's fees) and damages arising out of
claims resulting from member's use of the service, including any claims that if
the allegations were true would constitute a breach of these terms and
conditions.
7.
PAYMENTS
Members may earn by
receiving paid-e-mails and visiting the advertiser websites after they use any
feedback button provided inside e-mails by REALSAVER,ORG. Members may earn
by referring new members to the REALSAVER,ORG program. Members will earn a
percentage of advertising revenues collected by REALSAVER,ORG. Members will
be paid via PayPal or checks. If members would like to receive payment by
check, $2.00 processing fee will be charged to his/her account.
REALSAVER,ORG will pay members when their balance reaches the minimum payout
rate set by REALSAVER,ORG. Once the member has reached payout they may
request payment. Payments will be made within 30 days or a reasonable time
after.
8.
USER MESSAGING SERVICE TERMS OF USE
MESSAGING
SERVICE - REALSAVER,ORG and/or third parties may, from time to time, send
e-mail messages to Users containing advertisements, promotions, etc.
REALSAVER,ORG does not, and will not, make any representation or warranty
with respect to the content of any such e-mail messages or any goods or
services, which may be obtained from such third parties. By executing an
agreement with REALSAVER,ORG the User acknowledges and accepts to these
terms.
9.
APPLICABLE LAW AND VENUE
This
Agreement shall be interpreted, construed and enforced in all respects in
accordance with the laws of the State of Georgia, except with regards to its
rules regarding choice of law. Each party irrevocably consents to the jurisdiction
of the courts of the State of Georgia and the federal courts situated in the
State of Georgia, in connection with any action to enforce the provisions of
this Agreement, to recover damages or other relief for breach or default under
this Agreement, or otherwise arising under or by reason of this Agreement. This
Agreement shall not be enforceable under the United Nations Convention on
Contracts for the International Sale of Goods.
EXECUTION
OF THESE TERMS AND CONDITIONS:
I
hereby understand that by signing this form I am executing the above Agreement
with REALSAVER,ORG to use their services. I acknowledge that by signing this
form I accept all the terms and conditions of this Agreement and agree to be
legally bound thereby.