MEMBERSHIP SERVICES AGREEMENT
Standard Terms and Conditions
This is a legal agreement ("Agreement") between you and Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc. a New York corporation, which may be contacted at 3000 Hempstead Turnpike, Levittown, Long Island, NY 11756 USA. By accessing Small Busines Next Step i.e. Geoffrey Drew Marketing, Inc. U.S. web site, currently located at www.smallbusinessnextstep.com (the "Site"), and by using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES ACCESSIBLE THROUGH THE SITE. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
Small Busines Next Step services consist of the following, without limitation: a service for existing small businesses ("Business Preservation and Succession Service"), interactive content and business community services such as Small Business Guidance ("Content Services"), any premium services offered by or on behalf of Small Busines Next Step ("Premium Services") (collectively, the "Services"). Small Busines Next Step may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Small Busines Next Step also reserves the right to cease offering any of the Services.
Please review this Agreement carefully, including the Arbitration provision in Section 15, which describes how Disputes (as defined below) will be resolved between us, and that no class actions may be brought under this Agreement.
This Agreement is subject to change by Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc. in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
- Criminal History. By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony. THE NATIONAL PROTÉGÉ ENTERPRISE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc. reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH BACKGROUND CHECK.
- Business Relationship and Status. If you are representing an existing independent small business, you must be the decision maker of and for that business such as the owner or president of the corporation with sole right to make agreements of and for your company. If you are an individual who is interested in owning an independent small business that is currently functioning and being run by its owners and who are seeking to associate with a protégé who is willing to learn about the business they own and enter into a legal agreement to that will facilitate the transfer of ownership of that business from them to you, you must be willing to disclose and verify your entire business related background and agree to a background check should such a check be requested in connection to a potential business transition agreement facilitated or aided in any way by Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc.
- The Next Step Protégé to Business Connection System Criteria. The Service requires your completion of the appropriate Next Step Questionnaire, i.e. one is for business owners and another is for potential Successors, along with Small Busines Next Step efforts to find appropriate candidates for businesses and potential Succesors. There will be times when the right match between a business and a potential Successor; is not evident due to highly specific conditions, situations, requirements and the availably of ready, willing and able candidates on both sides of the equation. At such times, the Service will be placed on hold until new businesses or candidates become available to evaluate and be presented for consideration.
- Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc. is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the use of the Services is legal in your jurisdiction
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services. In addition to sharing your information with potential business associates, we may allow your potential business associate or associates to share your business information with members of their social network or networks.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including in person interviews. You agree to take all necessary precautions when meeting individuals through the Service. In addition, you agree to review and follow the recommendations set forth in Small Busines Next Step Safety Tips, which will be provided to you prior to entering the “Small Busines Next Step E-Mail" phase with potential business associates through the Service and is available at the bottom of all pages of the Service.
- No Guarantees. Small Busines Next Step may not be able to connect every owner of small independent business with a protégé who is ready, willing and able to assume such a business nor to connect every potential business protégé seeking to use its services. Further, Small Busines Next Step makes no guarantees as to the number or frequency of potential business associates through the Service, or to such potential business associates’ ability, desire or what might or might not cause a potential business associate to communicate with any user. You understand that Small Busines Next Step makes no guarantees, either express or implied, regarding the ultimate performance of business associates whether business owners or potential protégés interested in acquiring and running a business are introduced one to the other through the Service or as to the conduct or abilities of such individuals and or businesses.
- Reporting of Violations. You will promptly report to Small Busines Next Step any violation of the Agreement by others, including but not limited to, Registered Users.
- Content Removal. Small Busines Next Step reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Small Busines Next Step will have the right to remove any such information or material that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. Small Busines Next Step further reserves the right to remove business associates previously delivered to you, in its reasonable discretion, in order to assure that you have a high quality experience on the Site.
- Posting and Communication Restrictions. You will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission from the owners of those copyrighted items first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' productive and meaningful enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
- No False Information. You will not provide inaccurate, misleading or false information to Small Busines Next Step or to any other user. If information provided to Small Busines Next Step or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Small Busines Next Step of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Small Busines Next Step, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Small Busines Next Step $150 for each such unsolicited communication you send through the Services.
- Unique and Bona Fide Profile. As a Registered User of the Business Associates Connection Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide business relationship-seeking purposes in order to maintain the integrity of the Business Associates Connection Service (for example, you may not become a Registered User solely to compile a report of available small businesses in any particular area, or to write a newspaper article). Not all registered users are available for being connected to businesses or to potential business protégés. From time to time, Small Busines Next Step may create test profiles in order to monitor the operation of the Services.
- Selection of Profiles. From time to time, your profile may be selected to introduce you and or you company to specific compatible business associates or potential protégés, in which case we may offer you a limited complimentary subscription (if you are not already a subscriber) in order to enable you to become aware of a specific business associate. You will be under no obligation to accept such complimentary subscription or to meet with or communicate with the potential business associates we may introduce to you.
- No Harassment of Small Busines Next Step Employees or Agents. You will not harass, annoy, intimidate or threaten any Small Busines Next Step employees or agents engaged in providing any portion of the Services to you.
- Ownership of Proprietary Information. You hereby acknowledge and agree that Small Busines Next Step is the owner of highly valuable proprietary information, including without limitation, the patented Next Step Protégé to Business Connection System, compatibility profiles, and relationship questionnaires (collectively, "Confidential Information"). Small Busines Next Step owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users' Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Small Busines Next Step or third party proprietary information available via the Services or from the Site.
- License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your Small Busines Next Step account to any of your social network accounts (e.g. via Facebook Connect or LinkedIn Connect), you automatically grant, and you represent and warrant that you have the right to grant, to Small Busines Next Step and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
- Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on Small Busines Next Step's Privacy Statement located on the Site. By using the Site or the Services, you are consenting to the terms of Small Busines Next Step 's Privacy Statement.
- No Contact Information. You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information in the "About Me" section of the Business Associate Connection Service or in any other communications you may have with other users. You may, at your discretion, exchange such information after you reach the " Small Busines Next Step E-Mail" phase with potential business associates.
- Disclosure By Law. You acknowledge and agree that Small Busines Next Step may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Small Busines Next Step's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
- Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, Small Busines Next Step reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Small Busines Next Step suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Small Busines Next Step, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Small Busines Next Step is permitted to make such disclosure.
- Use of Anonymous Information for Research. By using the Services, you agree to allow Small Busines Next Step to anonymously use the information from you and your experiences through the Services to continue Small Busines Next Step's research into successful business successions and to improve the Services. This research, conducted by psychologists, business analysts and behavioral research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc., and Small Busines Next Step is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Small Busines Next Step provides these links to you only as a convenience, and the inclusion of any link does not imply that Small Busines Next Step endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Small Busines Next Step will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Small Busines Next Step with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Statement to learn more about how we use your information.
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SMALL BUSINESS NEXT STEP A D/B/A OF GEOFFREY DREW MARKETING, INC. PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SMALL BUSINESS NEXT STEP A D/B/A OF GEOFFREY DREW MARKETING, INC. DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. SMALL BUSINESS NEXT STEP A D/B/A OF GEOFFREY DREW MARKETING, INC. DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Small Busines Next Step, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SMALL BUSINESS NEXT STEP DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SMALL BUSINESS NEXT STEP. UNDER NO CIRCUMSTANCES WILL SMALL BUSINESS NEXT STEP BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Beta Features. From time to time, Small Busines Next Step may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Small Busines Next Step’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
- Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE NATIONAL PROTÉGÉ ENTERPRISE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE NATIONAL PROTÉGÉ ENTERPRISE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE NATIONAL PROTÉGÉ ENTERPRISE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID THE NATIONAL PROTÉGÉ ENTERPRISE FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- No Liability for non-Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc. Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE NATIONAL PROTÉGÉ ENTERPRISE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification. Small Busines Next Step and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Small Busines Next Step and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc., its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc. in asserting any available defenses.
9. Complaints / Law Enforcement Contact.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc. website, or e-mail us by clicking HERE. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Small Busines Next Step a d/b/a of Geoffrey Drew Marketing, Inc. via facsimile at (516) 501-0753. All other communication or inquiries sent to this facsimile number will be discarded.
10. Communication and Privacy.
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.
11. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Web Site or the Services offered and will remain in effect in perpetuity unless terminated hereunder. Either you or Geoffrey Drew Marketing, Inc. may terminate your account at any time, for any reason or for no reason, without explanation, effective upon sending written notice to the other party. Geoffrey Drew Marketing, Inc. reserves the right to immediately suspend or terminate your access to any of the Services offered, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Geoffrey Drew Marketing, Inc. by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: Geoffrey Drew Marketing, Inc., Attn: Cancellations, 3000 Hempstead Turnpike, Suite 305, Levittown, NY 11756 USA. Following termination of your Membership account and the termination of your use of the Services offered, Geoffrey Drew Marketing, Inc. reserves the right to send a notice thereof to other Registered Users with whom you have corresponded.
- Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may terminate your membership and or any of your active service arrangements at any time during the term of your membership by accessing the "Member Account Settings" page under the "Membership Status" option on your membership dashboard page, clicking on the "Cancel My Subscription" or the "Close My Account" link, and providing the information requested. By doing so, your membership will be terminate at the end of the membership term for which you had already paid. Please Note: You will receive no refund for any unused days of your membership term since your membership will stay in effect until the end of the membership term for which you had already paid. If your membership was made using an installment basis, such as by arranging for three partial payments to be made during a three month period, your membership would become eligible to be canceled as described above as soon as your final installment payment has been made.
- 3-Day Cancellation. Regarding the Top Echelon Service Program, you, the buyer, may cancel the Service Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to Geoffrey Drew Marketing, Inc., Attn: Cancellations, 3000 Hempstead Turnpike; Suite 305, Levittown, Long Island, NY 11756 USA. Please include the e-mail address associated with your Top Echelon Service Program account along with your cancelation notice. You may receive further information concerning this process by clicking HERE. For Top Echelon Service Program, the day that you submit a completed Service Agreement form will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after Geoffrey Drew Marketing, Inc. is in receipt of your cancellation notice.
- Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Top Echelon Service Program benefits for which you had contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
- If you have prepaid any amount for the Top Echelon Service Program, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
- "Disability" means a condition which precludes you from physically using the Top Echelon Service Program during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to Geoffrey Drew Marketing, Inc.
- If the physician determines that the duration of the disability will be less than six (6) months, Geoffrey Drew Marketing, Inc. may extend the term of the Top Echelon Service Program agreement for a period of six (6) months at no additional charge to you in lieu of cancellation.
In order to provide continuous service, Geoffrey Drew Marketing, Inc. automatically renews all paid subscriptions for Services on the date such subscriptions expire. We communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our subscribers. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions detailed above in Section 12 Sub-section 1 under the heading "Cancellation At Any Time With No Refund.”
- Arbitration of Disputes. You and Geoffrey Drew Marketing, Inc. agree that any disputes arising out of or related to the Web Site, the Services, this Agreement and/or any policies or practices of Geoffrey Drew Marketing, Inc. (here in after referred to as a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of Geoffrey Drew Marketing, Inc.’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Geoffrey Drew Marketing, Inc. may elect to have resolved by means other than arbitration. Notwithstanding the above, Geoffrey Drew Marketing, Inc. is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND GEOFFREY DREW MARKETING, INC. AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE NOR A JURY.
- No Class Actions. YOU AND GEOFFREY DREW MARKETING, INC. ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor Geoffrey Drew Marketing, Inc. agrees to class arbitration or any arbitration where a person brings a dispute as a representative of another person or persons.
- Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization, which is not affiliated with Geoffrey Drew Marketing, Inc., in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Further details about the arbitration procedure can be found by clicking HERE.
- Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
- Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
- Right to Seek Injunction. Violation of this Agreement may cause Geoffrey Drew Marketing, Inc. irreparable harm, and therefore agree that Geoffrey Drew Marketing, Inc. will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Geoffrey Drew Marketing, Inc. may have for a breach of this Agreement.
- Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and Geoffrey Drew Marketing, Inc. regarding the use of this Service, superseding any prior agreements between you and Geoffrey Drew Marketing, Inc. related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). The FAQ's found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Geoffrey Drew Marketing, Inc. to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17. Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify the copyright agent for Geoffrey Drew Marketing, Inc. as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit Geoffrey Drew Marketing, Inc. to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
Geoffrey Drew Marketing, Inc.
3000 Hempstead Turnpike, Suite 305, Levittown, Long Island, NY 11756 USA
email@example.com (Please Note: only DMCA notices will be accepted at this email address. All other inquiries or requests sent to this e-mail address will be discarded)
18. Revision Date.
This Agreement was last revised on July 21, 2014
[End of Standard Terms and Conditions]