Terms and Conditions
We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using the Services after such changes are posted, you agree to be bound by the changes. This Agreement was last modified on September 21, 2018.
B. Your Account
1. License: Subject to the terms of this Agreement and any additional terms displayed on the Site or as provided to you, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services.
2. Eligibility: By using the Services, you agree that you are at least 18 years of age and fully capable of entering into a legally binding contract. By creating an account in the name of an organization or group, you agree that you are an authorized agent of that organization or group and have authority to accept this Agreement on their behalf. In our discretion, we may permit you to authorize additional users to use your account with Net30Advisor. The primary account holder is responsible for each authorized users’ use of the account and compliance with this Agreement. In the event of a dispute between you and the other account users, you agree to resolve that dispute with those users. We will assume that the primary account holder is the administrator for the account and will follow that individual’s instructions regarding the account. You may not provide inaccurate or incomplete information when creating or maintaining an account with us, and must update your information if it changes.
3. Cancellation of Accounts: You or Net30Advisor may cancel your account at any time. To cancel your account, please email us at email@example.com with the following subject line: Cancellation of Account. Net30Advisor, in its sole discretion, may close user accounts, suspend account activity, or change eligibility requirements at any time – with or without cause. Cancellation of your account terminates your license to use the Services, but does not terminate your obligations under this Agreement other than any obligation to pay for future Services.
4. Account Use and Password: You are responsible for keeping your account login and password information confidential. You are responsible for any use of your account or the Services by anyone using your account password, email address, or other personal identifier. Thus, if for any reason you suspect that your account password or other identifying information has been compromised, you should contact Net30Advisor immediately.
5. Contact: By creating an account, you agree that Net30Advisor may contact you by email, postal mail, phone, text or other methods, regarding updates, discounts, and other information pertaining to the Services. If you do not wish us to contact you by phone or text, please email at us at firstname.lastname@example.org to let us know.
6. Payment: Our fees for monthly subscriptions are listed on the Site. We may change our fees at any time by posting a new fee structure on the Site or by contacting you at the email associated with your account. You will be subject to the new fee structure unless you cancel your account before it goes into effect. When you open an account, you will provide us with your valid credit card information and authorize us to deduct your monthly payments from that credit card. If we are unable to process your credit card, we will suspend your account pending processing of your payment. You agree to submit any disputes about payments to us in writing within sixty (60) days of the payment and that any disputes not submitted to us in writing within that period are waived. You are responsible for any sales or use taxes that may be associated with your subscription or use of your account. We will not collect or submit any such taxes on your behalf.
7. Refunds: Refunds may be issued in our sole discretion upon account cancellation or termination. To request a refund, you must contact us at email@example.com within 30 days of your account cancellation or termination. If Net30Advisor determines that a refund shall be issued, any unused fees paid in advance will be refunded on a pro rata basis. No refunds will be issued more than 30 days after cancellation or termination of an account.
8. Multiple Accounts: You may not open multiple accounts for any individual or organization to send substantially similar content - unless you are part of a franchise. If we have cancelled your account for breach of this Agreement or another cause, you may not open another account.
C. Submission and Sharing of Your Content
The Services allow you to submit content (for example - comments about businesses, information about your business, blogs or articles, reviews, discussions, job offer information and job applicant information) to us and third parties. Please note that there are certain restrictions on your use of the Services relating to such content.
1. Standards: You agree not to submit any content that: (a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, offensive, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) offers to sell illegal goods or services; (g) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (h) constitutes unsolicited junk or bulk email ("spam"); or (i) is tortious or criminal.
2. No Posting of Financial Information About Individuals: You agree not to post on the Site or Services, or submit to Net30Advisor, any credit information or other financial information about any individuals or consumers (other than submission of your own credit card for purposes of registration for Services).
3. Compliance with Laws: You may not use the Services for any unlawful or discriminatory activities. You agree that your use of the Services will comply with all applicable laws and regulations, and that it is your responsibility to determine if your use of the Services complies with such laws and regulations. You agree that Net30Advisor is not responsible if you use the Services in a manner that does not comply with applicable laws and regulations, and you agree to defend and indemnify Net30Advisor in the event of a legal claim arising from or relating to your unlawful use of the Services.
4. License: You retain all ownership and copyrights in the content that you submit to us. By submitting content to us, you grant Net30Advisor a license to use it as part of the Services, use it for our internal purposes (including but not limited to review to ensure compliance with this Agreement), and use it to promote or otherwise benefit Net30Advisor (collectively, the "Uses"). More specifically, by submitting content to us, you agree that we have a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to use the content for the Uses -- including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised for purposes of the Uses. You further agree that Net30Advisor and its licensees have the right to use your name and likeness in connection with Net30Advisor’s publication, display, modification, distribution or other use of such content for purposes of the Uses. Net30Advisor is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to Net30Advisor (whether directly or through its third party service providers) for purposes of the Uses without compensation or remuneration. You agree that in the event that we sell or transfer our company, in whole or in part, the license that you granted us in this section may be sold or transferred as well without further approval by you, and that the Uses would then become the Uses of our transferee or successor.
5. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit. You further agree to defend, indemnify, and hold us harmless against any and all claims relating to (i) any content that you submit to us or the Services; (ii) any communications you send through or using the Services, and/or (iii) your products or services.
6. Monitoring of Content / Removal: You agree that Net30Advisor has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the Services. You further agree that Net30Advisor may, in its sole discretion, review, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties.
7. Release: You agree to release Net30Advisor and its officers, directors, employees, partners, limited partners, shareholders, owners, members, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, agents, attorneys and representatives from any and all liability and obligations whatsoever in connection with or arising from Net30Advisor’s use of the content for the Uses or non-use of content submitted by you or any third party.
9. No Endorsement / Recommendation: Net30Advisor does not endorse, recommend, or take any responsibility for any content submitted to the Services by any third-party (including you), even if Net30Advisor displays such content.
D. Reporting Abuse / Copyright Infringement - DMCA Notifications
1. Abuse: If you believe that someone is violating this Agreement, please notify us immediately at firstname.lastname@example.org. You agree, however, that Net30Advisor has no obligation to take action in response to your request or to enforce these terms.
2. Copyright Infringement / DMCA: If you believe in good faith that your copyrighted work has been reproduced through the Services without authorization in a way that constitutes copyright infringement, then please send a notice of copyright infringement to Net30Advisor’s designated copyright agent, Edward Fenno, Esq., Fenno Law Firm, LLC, P.O. Box 20220, Charleston, South Carolina 29413, email: email@example.com. (This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere in the Services.) Your notice of copyright infringement should contain the following information:
a. Identification of the work or material being infringed.
b. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Net30Advisor is capable of finding it and verifying its existence.
c. Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
d. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
e. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
f. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
E. Intellectual Property
All content included in or through the Services, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of Net30Advisor and/or its third-party content providers. The trademark “NET30ADVISOR,” as well as the business names, logos, slogans, trade dress and all other marks on the Services are trademarks of Net30Advisor or its third-party content providers.
No portion of the Services may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by Net30Advisor. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from the Services.
F. Disclaimer with Respect to Advertisers, Contractors and Other Third Parties
G. Disclaimer with Respect to Advertisers, Contractors and Other Third Parties
The Services may link to third-party websites and information that are not part of the Services. Net30Advisor has not reviewed all of the sites, or content of sites, that may be accessed from or linked to the Services. You agree that Net30Advisor is not responsible for the content of any websites, images, information, or data, which are not contained on the Site or in the App. Viewing of any and all other websites besides the Site shall be at your own risk.
H. Prohibited Uses
In addition to any prohibitions on use stated in other areas of this Agreement, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Services to anyone without the express prior written consent of Net30Advisor. You may not use or permit the use of the Services (a) to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; or (b) for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party. You agree that the information that you receive through use of the Services is for your internal use only. While the Services are intended to allow for the posting of reviews of businesses, networking, and posting of job listings by businesses, you may not use any profiles, reviews, postings, financial information, personally identifiable information or other content available on or through the Services to determine an individual consumer’s eligibility for (i) credit or insurance to be used primarily for personal, family or household purposes; (ii) employment, (iii) government license or benefit; or (iv) any purpose prohibited under the Fair Credit Reporting Act or other applicable laws. You may not use the Services to create or distribute a credit report about an individual consumer.
L. Suspension of Use / Enforcement of Terms
Net30Advisor may at any time, for any reason, suspend or terminate your further use in whole or in part of the Services. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of the Services. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against Net30Advisor for any failure by us to enforce this Agreement, whether against you or a third party. Net30Advisor’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances. In the event that your account is terminated, in our discretion we may delete or chose not to delete any information or content that you have submitted to us, including without limitation any job listings or other public postings that you have made through the Services. If we suspend or terminate your use of the Services due to your breach of this Agreement, or due to our good faith belief that you have breached this Agreement, then you will not be entitled to a refund of any fees paid in relation to your use of the Services. You agree to pay all of our collection costs, including reasonable attorneys’ fees, in association with your use of the Services.
J. Access Limits
Without Net30Advisor’s express consent, you may not frame any pages from the Services, place pop-up windows over pages of the Services, or otherwise affect the display of the Services. Net30Advisor grants you permission to link to the Site (without framing it) or the Services, but may revoke this permission at any time for any reason.
Under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of the Services or their content by reverse engineering, disassembly, decompilation or any other means; (ii) copy, index, crawl, or scrape (or use a device or program that does any of those things) the Services; (iii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of Net30Advisor or its affiliates or contractors ("hacking"), whether or not the intrusion results in corruption or loss of data; (iv) restrict or inhibit any other subscriber or user from using the Services; (v) transmit to Net30Advisor or by means of the Services any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission; (vi) interfere with or disrupt the Services; (vii) remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services; (viii) use the Services to violate any applicable law or third-party rights, terms of service/use or policies; (ix) attempt to circumvent our fee structure; or (x) engage in any other conduct which, in our sole discretion, exceeds the scope of the license granted to you hereunder or which interferes with or affects the Services.
K. “Find a Sales Rep” Section / Employment Services
Net30 Advisor may offer a venue for job listings, but is not responsible for the posting of job listings; the screening of job listings or applicants; the hiring transaction between job applicants and employers; the quality, safety or legality of jobs or candidate information posted or exchanged through the Services; the truth or accuracy of any job listings or candidate information; or the ability of prospective employers or employees to perform any services that they offer. Prospective employers and employees are solely responsible for their postings on or through the Services. Net30Advisor is not to be considered to be an employer or employee with respect to your use of the Site or any Services, and Net30Advisor shall not be responsible for any employment decisions made in relation to any job listings or applications made through or in relation to use of the Services. You agree not to post any job postings that contain any content that is false, misleading, unlawful or in violation of this Agreement, or which contains hyperlinks to such content. We may remove any job postings or candidate information for any reason at any time in our sole discretion, and we may limit the amount and types of contact that prospective employers and employees have with each other through the Services. You may not use user profiles on the Services to determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment, retention or promotion; or (iii) a government license or benefit. You may not post jobs or other advertisements for competitors of Net30Advisor, for pyramid schemes or unlawful businesses, to promote any opportunity that does not represent bona fide employment, to request the use of human body parts, for jobs located in countries subject to economic sanctions of the United States Government; or, except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (vii) age.
L. Parental Control Provisions
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org.
M. Disclaimer of Warranties and Limitations of Liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Net30Advisor (including without limitation, for purposes of this Section M of the Agreement, Net30Advisor and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering the Services or any of the content, products or services available on or through the Services) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NET30ADVISOR MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THE SERVICES, (ii) AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SERVICES; (iii) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iv) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES; (v) THAT THE CONTENT OF THE SERVICES DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (vi) THAT THE SERVICES, THEIR SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF NET30ADVISOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NET30ADVISOR DOES NOT GUARANTY THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF NET30ADVISOR.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL NET30ADVISOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NET30ADVISOR’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF NET30ADVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF YOUR LAST TWELVE (12) MONTHS OF PAYMENTS TO NET30ADVISOR AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, release and hold harmless Net30Advisor (including without limitation, for purposes of this Section N of the Agreement, Net30Advisor, and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering the Services or any of the content, products or services available on or through the Services) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of the Services or any content that you submit to or obtain from the Services. Net30Advisor reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Net30Advisor in asserting any available defenses and will pay all of Net30Advisor’s attorneys’ fees and costs in such defense.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
P. Law and Jurisdiction
You agree that the laws of the State of South Carolina will govern this Agreement and your use of the Services. The state and federal courts of Charleston, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Services. You agree to waive any objection based on forum non conveniens or any objection to venue in Charleston, South Carolina, of any such action. In the event that we prevail in an action against you arising from or related to the Services or this Agreement, you agree to pay our costs and reasonable attorneys’ fees incurred in such action and incurred in the collection of any related judgment.
Q. International Use
Net30Advisor makes no representation that the Services (including the content, services or products provided on or through them) are appropriate for or available to locations outside the United States of America; and using the Services from territories where it is illegal to do so is prohibited. Any offer for a product or service through the Services is void where prohibited. Use of the Services is done at your own risk and you are responsible for compliance with all local laws, including all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you are located.
We have taken reasonable precautions to attempt to prevent security breaches in our Services. Nonetheless, Internet data transmission is not 100% secure, and no computer networks are fully secure against third party hackers. As a result, no assurance is given as to the privacy or security of any personal or financial data that you use with or provide to the Services -- whether stored on our computers or devices, or whether being delivered by email or otherwise. You are solely responsible to maintain any security procedures that you deem appropriate, such as encryption of data, to protect your data. You agree to notify us immediately of any potential security breach of which you are aware. In the event of a security breach that may affect you, we will notify you of the breach and provide a description of what happened.
You agree that this Agreement and all rights and licenses provided to Net30Advisor under this Agreement are fully and freely assignable and sub-licensable by Net30Advisor without further compensation or notice to you. You may not assign your rights or obligations under this Agreement to anyone else.
T. Integration and Modification
Except as otherwise specified herein or in a written agreement signed by Net30Advisor, this Agreement constitutes the entire agreement between you and Net30Advisor with respect to the Services, and supersedes all prior or contemporaneous communications or proposals between you and Net30Advisor with respect to the Services. You may not modify this Agreement other than by obtaining Net30Advisor’s signed, written consent to such a modification.
Net30Advisor can be contacted at firstname.lastname@example.org.
Net30Advisor is entitled to assume that any address information that you provide to us is correct, and Net30Advisor may contact you at such address. Notice to you will be considered given when sent.
Copyright © 2021, Net30advisor LLC. All rights reserved.