|
TOS
1. DESCRIPTION OF
SERVICE
MJK MARKETING, LLC currently
provides users including
members with access to a
rich collection of
resources, including,
various communications
tools, forums, shopping
services, personalized
content and branded
programming through its
network (the "Service"). You
also understand and agree
that the Service may include
advertisements and that
these advertisements are
necessary for MJK MARKETING,
LLC to provide the Service.
You also understand and
agree that the service may
include certain
communications from MJK
MARKETING, LLC, such as
service announcements, and
administrative messages, and
that these communications
are considered part of MJK
MARKETING, LLC membership.
Unless explicitly stated
otherwise, any new features
that augment or enhance the
current Service, including
the release of new MJK
MARKETING, LLC properties,
shall be subject to the TOS.
You understand and agree
that the Service is provided
"AS-IS" and that MJK
MARKETING, LLC assumes no
responsibility for the
timeliness, deletion, mis-delivery
or failure to store any user
communications or
personalization settings.
You are responsible for
obtaining access to the
Service and that access may
involve third party fees
(such as Internet service
provider or airtime
charges). You are
responsible for those fees,
including those fees
associated with the display
or delivery of
advertisements. In addition,
you must provide and are
responsible for all
equipment necessary to
access the Service.
2. YOUR REGISTRATION
OBLIGATIONS
In consideration of your use
of the Service, you
represent that you are of
legal age to form a binding
contract and are not a
person barred from receiving
services under the laws of
the United States or other
applicable jurisdiction. You
also agree to: (a) provide
true, accurate, current and
complete information about
yourself as prompted by the
Service's registration form
(such information being the
"Registration Data") and (b)
maintain and promptly update
the Registration Data to
keep it true, accurate,
current and complete. If you
provide any information that
is untrue, inaccurate, not
current or incomplete, or
MJK MARKETING, LLC has
reasonable grounds to
suspect that such
information is untrue,
inaccurate, not current or
incomplete, MJK MARKETING,
LLC has the right to suspend
or terminate your account
and refuse any and all
current or future use of the
Service (or any portion
thereof).
3. MEMBER CONDUCT
You understand that all
information, data, text,
software, music, sound,
photographs, graphics,
video, messages or other
materials ("Content"),
whether publicly posted or
privately transmitted, are
the sole responsibility of
the person from which such
Content originated. This
means that you, and not MJK
MARKETING, LLC, are entirely
responsible for all Content
that you upload, post,
email, transmit or otherwise
make available via the
Service. MJK MARKETING, LLC
does not control the Content
posted via the Service and,
as such, does not guarantee
the accuracy, integrity or
quality of such Content. You
understand that by using the
Service, you may be exposed
to Content that is
offensive, indecent or
objectionable. Under no
circumstances will MJK
MARKETING, LLC be liable in
any way for any Content,
including, but not limited
to, for any errors or
omissions in any Content, or
for any loss or damage of
any kind incurred as a
result of the use of any
Content posted, emailed,
transmitted or otherwise
made available via the
Service. All members agree
to comply with the
provisions of the
CONFIDENTIALITY AND
NONCIRCUMVENTION AGREEMENT
incorporated herein by
reference. You agree to not
use the Service to:
-
upload, post, email,
transmit or otherwise
make available any
Content that is
unlawful, harmful,
threatening, abusive,
harassing, tortuous,
defamatory, vulgar,
obscene, libelous,
invasive of another's
privacy, hateful, or
racially, ethnically or
otherwise objectionable;
-
harm minors in any way;
-
impersonate any person
or entity, including,
but not limited to, a
MJK MARKETING, LLC
official, forum leader,
guide or host, or
falsely state or
otherwise misrepresent
your affiliation with a
person or entity;
-
forge headers or
otherwise manipulate
identifiers in order to
disguise the origin of
any Content transmitted
through the Service;
-
upload, post, email,
transmit or otherwise
make available any
Content that you do not
have a right to make
available under any law
or under contractual or
fiduciary relationships
(such as inside
information, proprietary
and confidential
information learned or
disclosed as part of
employment relationships
or under nondisclosure
agreements);
-
upload, post, email,
transmit or otherwise
make available any
Content that infringes
any patent, trademark,
trade secret, copyright
or other proprietary
rights ("Rights") of any
party;
-
upload, post, email,
transmit or otherwise
make available any
unsolicited or
unauthorized
advertising, promotional
materials, "junk mail,"
"spam," "chain letters,"
"pyramid schemes," or
any other form of
solicitation, except in
those areas (such as
shopping rooms) that are
designated for such
purpose ;
-
upload, post, email,
transmit or otherwise
make available any
material that contains
software viruses or any
other computer code,
files or programs
designed to interrupt,
destroy or limit the
functionality of any
computer software or
hardware or
telecommunications
equipment;
-
disrupt the normal flow
of dialogue, cause a
screen to "scroll"
faster than other users
of the Service are able
to type, or otherwise
act in a manner that
negatively affects other
users' ability to engage
in real time exchanges;
-
interfere with or
disrupt the Service or
servers or networks
connected to the
Service, or disobey any
requirements,
procedures, policies or
regulations of networks
connected to the
Service;
-
intentionally or
unintentionally violate
any applicable local,
state, national or
international law,
including, but not
limited to, regulations
promulgated by the U.S.
Securities and Exchange
Commission, any rules of
any national or other
securities exchange,
including, without
limitation, the New York
Stock Exchange, the
American Stock Exchange
or the NASDAQ, and any
regulations having the
force of law;
-
"stalk" or otherwise
harass another; or
-
collect or store
personal data about
other users.
You also agree not to
make malicious and false
statements against MJK
MARKETING, LLC., it's
officers, employees or staff
on any web site or
publication on or off line.
Doing so may result in the
termination of your service
with out any refund.
Problems with the service,
product or billing should be
direct to the appropriate
channels i.e.
sales@ezwealthclub.com,
admin@ezwealth.com.
You acknowledge that MJK
MARKETING, LLC may or may
not pre-screen Content, but
that MJK MARKETING, LLC and
its designees shall have the
right (but not the
obligation) in their sole
discretion to pre-screen,
refuse, or move any Content
that is available via the
Service. Without limiting
the foregoing, MJK
MARKETING, LLC and its
designees shall have the
right to remove any Content
that violates the TOS or is
otherwise objectionable. You
agree that you must
evaluate, and bear all risks
associated with, the use of
any Content, including any
reliance on the accuracy,
completeness, or usefulness
of such Content. In this
regard, you acknowledge that
you may not rely on any
Content created by MJK
MARKETING, LLC or submitted
to MJK MARKETING, LLC,
including without limitation
information in MJK
MARKETING, LLC Message
Boards, and in all other
parts of the Service
You acknowledge, consent
and agree that MJK
MARKETING, LLC may access,
preserve, and disclose your
account information and
Content if required to do so
by law or in a good faith
belief that such access
preservation or disclosure
is reasonably necessary to:
(a) comply with legal
process; (b) enforce the
TOS; (c) respond to claims
that any Content violates
the rights of third-parties;
(d) respond to your requests
for customer service; or (e)
protect the rights,
property, or personal safety
of MJK MARKETING, LLC, its
users and the public.
You understand that the
technical processing and
transmission of the Service,
including your Content, may
involve (a) transmissions
over various networks; and
(b) changes to conform and
adapt to technical
requirements of connecting
networks or devices. You
understand that the Service
and software embodied within
the Service may include
security components that
permit digital materials to
be protected, and use of
these materials is subject
to usage rules set by MJK
MARKETING, LLC and/or
content providers who
provide content to the
Service. You may not attempt
to override or circumvent
any of the usage rules
embedded into the Service.
Any unauthorized
reproduction, publication,
further distribution or
public exhibition of the
materials provided on the
Service, in whole or in
part, is strictly
prohibited.
4. INDEMNITY
You agree to indemnify and
hold MJK MARKETING, LLC, and
its subsidiaries,
members, officers,
agents, co-branders or other
partners, and employees,
harmless from any claim or
demand, including reasonable
attorneys' fees, made by any
third party due to or
arising out of Content you
submit, post, transmit or
make available through the
Service, your use of the
Service, your connection to
the Service, your violation
of the TOS, or your
violation of any rights of
another.
5. NO RESALE OF
SERVICE
You agree not to reproduce,
duplicate, copy, sell,
trade, resell or exploit for
any commercial purposes, any
portion of the Service, use
of the Service, or access to
the Service.
6. MODIFICATIONS TO
SERVICE
MJK MARKETING, LLC reserves
the right at any time and
from time to time to modify
or discontinue, temporarily
or permanently, the Service
(or any part thereof) with
or without notice. You agree
that MJK MARKETING, LLC
shall not be liable to you
or to any third party for
any modification, suspension
or discontinuance of the
Service.
7. TERMINATION
You agree that MJK
MARKETING, LLC may, under
certain circumstances and
without prior notice,
immediately terminate your
MJK MARKETING, LLC account,
any associated email
address, and access to the
Service. Cause for such
termination shall include,
but not be limited to, (a)
breaches or violations of
the TOS or other
incorporated agreements or
guidelines, (b) requests by
law enforcement or other
government agencies, (c) a
request by you
(self-initiated account
deletions), (d)
discontinuance or material
modification to the Service
(or any part thereof), (e)
unexpected technical or
security issues or problems,
and (f) extended periods of
inactivity. Termination of
your MJK MARKETING, LLC
account includes (a) removal
of access to all offerings
within the Service,
including but not limited to
MJK MARKETING, LLC
Messenger, Chat, Domains,
(b) deletion of your
password and all related
information, files and
content associated with or
inside your account (or any
part thereof), and (c)
barring further use of the
Service. (g) non-payment of
products and services, if
applicable, (h) any action
on your part that
compromises the integrity of
MJK MARKETING, LLC. Further,
you agree that all
terminations for cause shall
be made in MJK MARKETING,
LLC's sole discretion and
that MJK MARKETING, LLC
shall not be liable to you
or any third-party for any
termination of your account,
any associated email
address, or access to the
Service.
8. DEALINGS WITH
ADVERTISERS
Your correspondence or
business dealings with, or
participation in promotions
of, advertisers found on or
through the Service,
including payment and
delivery of related goods or
services, and any other
terms, conditions,
warranties or
representations associated
with such dealings, are
solely between you and such
advertiser. You agree that
MJK MARKETING, LLC shall not
be responsible or liable for
any loss or damage of any
sort incurred as the result
of any such dealings or as
the result of the presence
of such advertisers on the
Service.
9. LINKS
The Service may provide, or
third parties may provide,
links to other World Wide
Web sites or resources.
Because MJK MARKETING, LLC
has no control over such
sites and resources, you
acknowledge and agree that
MJK MARKETING, LLC is not
responsible for the
availability of such
external sites or resources,
and does not endorse and is
not responsible or liable
for any Content,
advertising, products, or
other materials on or
available from such sites or
resources. You further
acknowledge and agree that
MJK MARKETING, LLC shall not
be responsible or liable,
directly or indirectly, for
any damage or loss caused or
alleged to be caused by or
in connection with use of or
reliance on any such
Content, goods or services
available on or through any
such site or resource.
10. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT: n. YOUR USE OF
THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. MJK
MARKETING, LLC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. o. MJK
MARKETING, LLC MAKES NO
WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE
SERVICE WILL BE
UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER
MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL
BE CORRECTED. p. ANY
MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. q. NO
ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MJK
MARKETING, LLC OR THROUGH OR
FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
r. A SMALL PERCENTAGE OF
USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE
USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE
SERVICE -- DIZZINESS,
ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
11. LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT MJK MARKETING,
LLC SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF
MJK MARKETING, LLC HAS BEEN
ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE
INABILITY TO USE THE
SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA,
INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
12. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF
SECTIONS 10 AND 11 MAY NOT
APPLY TO YOU.
13. NO THIRD PARTY
BENEFICIARIES
You agree that, except as
otherwise expressly provided
in this TOS, there shall be
no third party beneficiaries
to this Agreement.
14. NOTICE
MJK MARKETING, LLC may
provide you with notices,
including those regarding
changes to the TOS, by
either email, regular mail,
or postings on the Service.
15. PAYMENTS AND
REPORTS
Members/distributors
shall be paid commissions
according to their
agreements based upon
various applicable
schedules. Payments will be
reported monthly.
Members/distributors
shall have 30 days from the
date of the report to
dispute any amounts or claim
additional amounts.
Thereafter any objection to
the reports are waived.
Overpayments or misapplied
payments may be deducted
from future payments at any
time.
16. NON PAYMENT If
applicable, only
members/distributors with
active accounts and in good
standing shall be entitled to
earn commissions. Once you
join you have 60 days to
join at least one of our
program packages. If you
stop paying for a package
then your account will be
deactivated. While you
account is deactivated you
will not be able to earn
commissions from the club or
be able to purchase any of
our advertising packages.
Any commissions earned while
your account is deactivated
will go to your first paying
sponsor. Once you start
paying for a program package
again it will be your
responsibility to contact
Admin with proof of paying
status in which case your
account will be reactivated.
17. REFUNDS All sales
are final. There are no
refunds on product/service
once started or delivered.
There is no refund for any
reason on the one time
registration fee.
18. NON-COMMISSIONABLE
ITEMS MJK MARKETING,
LLC. will not pay
commissions on products or
any product whose sole
purpose is for promoting MJK
MARKETING, LLC.
19. CAN SPAM LAWS All
members/distributors must
comply with CAN SPAM ACT of
2003. MJK MARKETING, LLC has
strict anti-spam policy. Any
member/distributor who
violate the CAN SPAM ACT of
2003 will be terminated from MJK MARKETING, LLC. and all
its business.
|