1. DESCRIPTION OF SERVICE
By entering
your email or signing up for an account with
workinghomepro.com BY GMB Direct (the Site)
you agree to be bound by the most current version of these Terms
of Use. The site may modify or change these Terms of Use at any
time. You are responsible for continual monitoring of these Terms
of Use for any changes or modifications.
workinghomepro.com BY GMB Direct
lets users have access to various third-party websites, branded
content, and sweepstakes and prize offers through its network of
third-party websites or databases (the "Site"). You also
understand and agree that the Site may include advertisements and
these advertisements are necessary for
workinghomepro.com BY GMB Direct to provide
the Site. You also understand and agree that the service may
include certain communications from Online Type For Dollars, such
as third-party advertisements and offers, and that these
advertisements and offers are necessary for
workinghomepro.com BY GMB Direct membership
and you will not be able to opt out of receiving them unless you
unsubscribe. This Terms of Use document shall cover any future
additions to the Site or to Online Type For Dollars website. You
are responsible for storing all of your access information for the
Site. You are responsible for all costs to access the Site, which
include but are not limited to Internet connection fees, your
personal computer, and telephone
costs.
These Terms and
Conditions, in connection with the other obligations and rules
detailed in writing on the Site, constitute the entire agreement
between you and the Site and cannot be modified by you. These
Terms and Conditions cannot be modified on an individual basis by
any person affiliated, or claiming affiliation, with the Site.
Nothing in this subsection will prevent the Site from modifying
the terms of these Terms and Conditions and posting such
modifications on the Site.
If any portion of these
Terms and Conditions is deemed void or unenforceable, then that
provision shall be deemed severable from these Terms and
Conditions and shall not affect the validity and enforceability of
the remaining provisions.
2. CONDITIONS AND OBLIGATIONS
Eligibility (United States)
To open an
account and/or participate in this Product or Site, you
must:
a) be a
natural person, at least 18 years old, who is assigned to the
e-mail address submitted on your account registration
form;
b) be
physically located within the U.S.; and
c) be
physically located in a U.S. state in which purchasing or using
this Product is unrestricted by law.
VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
2.1b Eligibility (Non-U.S.)
a) be a natural person,
at least 18 years old, who is assigned to the e-mail address
submitted on your account registration form. If you are a U.S.
resident, make sure you are not from one of the restricted states.
VOID WHERE PROHIBITED OR RESTRICTED BY
LAW.
You are
subject to all laws of the state, province and/or country in which
you reside and from which you access the Site and are solely
responsible for obeying those laws. You agree the Site cannot be
held liable if laws applicable to you restrict or prohibit your
participation. The Site makes no representations or warranties,
implicit or explicit, as to your legal right to participate in any
tournament offered on the Site nor shall any person affiliated, or
claiming affiliation, with the Site have authority to make any
such representations or warranties.
The Site
reserves the right to monitor the location from which you access
the Site and to block access from any jurisdiction other than the
U.S., or any jurisdiction in which participation is illegal or
restricted.
2.3 Acknowledgment of Proprietary
Rights
By registering
for to become a member/or entering your email on the Site, you
acknowledge that all information contained on the Site may be
protected, in all forms and media, by one or more valid
copyrights, patents, trademarks, trade secrets, or other
proprietary rights, and that all such rights are owned by the
Site. You may not modify, publish, participate in the transfer or
sale of, create derivative works from, or in any way exploit this
information, except that you may download one copy for your
personal, non-commercial home use only, provided you keep intact
all copyright and other proprietary notices. The Site neither
warrants nor represents that your use of materials displayed on
the Site will not infringe rights of third parties. While the Site
uses reasonable efforts to include accurate and up-to-date
information, the Site makes no warranties or representations as to
its accuracy. The Site assumes no liability or responsibility for
any errors or omissions in the content of the Site.
Any
communication or material you transmit to the Site by electronic
mail or otherwise, including any data, questions, comments,
suggestions, or the like, is and will be treated as,
non-confidential and non-proprietary. Anything you transmit or
post may be used by the Site or its affiliates for any purpose,
including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting. Furthermore, the
Site is free to use any ideas, concepts, know-how or techniques
contained in any communication you send to Site for any purpose
whatsoever including, but not limited to, developing,
manufacturing and marketing products using such information,
without any additional compensation to you.
You also agree to
provide accurate and true information about yourself to the Site.
You understand that you must continue to provide current and
updated information that is complete and accurate over the course
of time. If you provide inaccurate or incomplete information about
yourself workinghomepro.com BY GMB Direct
has the right to terminate or suspend your account and may refuse
to provide you service in the future without reason.
3. Registration Obligations
The
trademarks, logos, and service marks (collectively the
“Trademarks”) displayed on the Site, including the names of all
games and puzzles, are registered and unregistered Trademarks of
the Site and/or others. Nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise, any
license or right to use any Trademark displayed on the Site
without the written permission of the Site or such third party
that owns the Trademark displayed on the Site. Your misuse of any
Trademark displayed on the Site, or any other content on the Site,
except as provided in these Terms and Conditions, is strictly
prohibited. You are also advised that the Site will aggressively
enforce its intellectual property rights to the fullest extent of
the law, including the seeking of criminal prosecution where
appropriate.
These Terms
and Conditions will be governed and construed in accordance with
the laws of the State of Florida, irrespective of any principles
of conflicts of law.
By registering for an
account on the Site, you agree that any dispute that cannot be
resolved between the parties shall be resolved individually,
without resort to any form of class action. You further agree that
any legal action arising from any dispute shall proceed only in
the state or federal courts located in the state of Florida, and
you hereby submit to personal jurisdiction and venue in such
courts for the purposes of litigating any such
action.
SECTION TWO -
4. Promotional Activities
By registering for an
account, you agree that the Site may display your name. By
accepting any prize from the Site, you agree to allow the Site to
print, publish, broadcast and use, worldwide, in any media and at
any time, your name, picture, voice, likeness, and/or biographical
information for promotional purposes without additional
compensation.
If you send comments or
suggestions, including, but not limited to, notes, text, drawings,
or computer programs, to the Site, such submissions shall become,
and shall remain, the sole property of the Site. No submission
shall be subject to any obligation of confidence on the part of
the Site. The Site shall exclusively own all rights to, and shall
be entitled to unrestricted use of, all such submissions without
compensation to you.
4.3 Accuracy of Information
You represent and
warrant that all information you supply to the Site is complete
and accurate. Knowingly submitting incomplete or inaccurate
information will result in immediate termination of your account
and forfeiture of any prizes to which you are otherwise
entitled.
The Site will not
intentionally disclose any personally identifying information
about you (including information submitted on the application
form, your social security number, your e-mail address,
information obtained by the Site from cookies, and information
regarding your IP address) to third parties without your consent
except where the Site, in good faith, believes such disclosure is
necessary to comply with the law or to enforce these Terms and
Conditions or other rules of the Site. Your acceptance of any
prize from the Site constitutes consent for the Site’s disclosure
of personal information as described in Section 2.5. The Site
reserves the right to collect general demographic and other market
information that does not personally identify you to any person
without additional consent.
The Site is vigorously
against the practice commonly referred to as “Spam”. Users who are
reported and whose claims of “Spam” are validated by the Site,
will have their respective accounts either immediately TERMINATED
or SUSPENDED, at the sole discretion of the Site. The Site defines
“Spam” as:
-
Electronic mail
messages addressed to a recipient with whom the initiator does
not have an existing business or personal relationship or is not
sent at the request of, or with the express consent of, the
recipient;
-
Messages posted to
Usenet and message boards that are off-topic (unrelated to the
topic of discussion), cross-posted to unrelated newsgroups, or
posted in excessive volume;
-
Solicitations posted
to chat rooms, or to groups or individuals via Internet Relay
Chat or “Instant Messaging” system (such as ICQ);
SECTION
THREE - LIMITATION ON LIABILITY
5.
General Disclaimer
BY REGISTERING
FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT, GAME, OR
SWEEPSTAKES THROUGH THE SITE, YOU AGREE THAT THE SITE IS NOT
RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE,
ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE
THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED
BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE
FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR
CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
ARISING FROM USE OF THE SITE.
The Site also
assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer equipment or
other property on account of your access to, use of, or browsing
in the Site or your downloading of any materials, data, text,
images, video or audio from the Site.
ALL GOODS AND SERVICES
PROVIDED ON THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR
CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH
WARRANTIES.
You agree that
the Site is not liable for any loss caused by any unauthorized use
of your credit card or other method of payment by a third party in
connection with the Site.
Any attempt to
defraud the Site through the use of credit cards or other methods
of payment, regardless of the outcome, or any failure by you to
honor legitimate charges or requests for payment will result in
immediate termination of your account, forfeiture of any prizes to
which you are otherwise entitled, and civil and/or criminal
prosecution.
5.4 Hacking, Tampering, or Unauthorized
Access
By registering
for an account and/or participating in any tournament offered on
the Site, you agree that the Site is not responsible for any
damage, loss, or injury resulting from hacking, tampering, or
other unauthorized access or use of the Site or your
account.
Any attempt to
gain unauthorized access to the Site’s systems or any account,
interfere with procedures or performance of the Site, or
deliberately damage or undermine the Site is subject to civil
and/or criminal prosecution and will result in immediate
termination of your account and forfeiture of any prizes to which
you are otherwise entitled.
Any attempt to
participate in any tournament offered on the Site by means of
automatic, macro, programmed, or similar methods, or to otherwise
commit fraud with regard to the Site, will result in civil and/or
criminal prosecution, termination of your account, and forfeiture
of all prizes to which your are otherwise
entitled.
5.5 Accounts for Individual Use
Only
You, as the holder of
your account, are solely responsible for all obligations and
(assuming compliance with all other Terms and Conditions of the
Site) entitled to all benefits accruing thereto. You may not allow
any other person to access your account, or access the Site using
your account information. Your account is not transferable to any
other person. By registering and/or participating in any
tournament offered on the Site, you agree to indemnify, defend,
and hold the Site harmless from or for any claims, liability,
damages, and/or costs (including attorneys' fees) arising from any
use of your account by any person.
The Site reserves the
right to terminate your account at any time with out reason or
cause.
5.7 Cancellations – Information Regarding
Refunds
We believe that
everyone will enjoy our products and find personal success.
However, there are occasions where refunds do occur. If you wish
to receive a refund, please contact us within 30-days of purchase
and we will be happy to issue a refund, no questions
asked.Our address is: - GMB Direct - 305 Madison Ave, SUITE
449 - NY, NY, 10165
Our telephone
number is: - 1-877-806-5516 Our customer support page is:
- http://sdesupport.com/support/ - support@megatyping.com
6. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You will be given a
user name and password when you register for an account. You are
solely responsible for maintaining the confidentiality of your
account and password. You are responsible for all actions that
occur under your account. You understand that you must notify
workinghomepro.com BY GMB Direct if any
unauthorized access or use of your password or account within
24-hours from time of discovery. workinghomepro.com
BY GMB Direct is not liable for any loss, damage, or
illegal activity that occurs from illegal or unauthorized use of
your account.
You agree to indemnify
and hold workinghomepro.com BY GMB Direct
and its subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any injury or claim
you receive or through your actions is brought against you by
using, your connection with the Site or your violation of the
Terms of Use.
8. MODIFICATIONS TO SERVICE
workinghomepro.com BY GMB Direct
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service or Product
(or any part thereof) with or without notice. You agree to not
hold workinghomepro.com BY GMB Direct
liable for any modifications, discontinuation, or termination of
the Site.
9. THIRD-PARTY WEBSITES &
LINKS
workinghomepro.com BY GMB Direct may
provide links to external websites or resources on the Internet.
workinghomepro.com BY GMB Direct has no
control over these external websites or resources and you agree
that workinghomepro.com BY GMB Direct is
not responsible or liable for availability, content, or products
from any third-party websites. You agree that
workinghomepro.com BY GMB Direct is not
responsible or liable for any damage or loss caused by your use of
any content, products, or services through these third-party
websites.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. workinghomepro.com
BY GMB Direct 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.
b.
workinghomepro.com BY GMB Direct MAKES NO
WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
c. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITE 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.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT workinghomepro.com BY GMB
Direct 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
workinghomepro.com BY GMB Direct 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
SITE; (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
SITE.
12. Waiver & Statue of
Limitations
The failure of
workinghomepro.com BY GMB Direct to
exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision.
Statute of
Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms of Use must be filed
within one (1) year after such claim or cause of action arose or
be forever
barred. | |