Terms and Policies.
AUTO RENEWAL SUBSCRIPTION AGREEMENT
This Auto Renewal Subscription Agreement ("Agreement") sets forth the terms and conditions between You as a Subscriber ("Subscriber") and Flipside Prodigy Inc. d/b/a Agency Access) ("Agency Access") of 360 Motor Pkwy, Ste 700. Hauppauge, NY 11788 in connection with Your subscription for Auto Renewal Subscription ("Auto Renewal").
1. GENERAL TERMS
2. MEMBERSHIP SUBSCRIPTIONS
A. MONTHLY SUBSCRIPTION
Your monthly subscription will start when Agency Access confirms your payment and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected in your Agency Access Account. You authorize us to store your payment and to automatically charge your payment method every month until you cancel. You may cancel your subscription at any time within any 30-day subscription period. However, any cancellation will only become effective at the end of the 30-day subscription period it was submitted in. No refunds and/or rebates will be paid for any part of the 30-day subscription. Because there’s no annual contract, your monthly rate is subject to change, but you will be notified of any change in your monthly rate with the option to cancel in accordance with these terms.
B. ANNUAL SUBSCRIPTION
Your annual subscription will start when Agency Access confirms your payment and will continue for a period of one year. Annual subscriptions purchased are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your Agency Access Account. You authorize us to store your payment and to automatically charge your payment method every year until you cancel. Your annual rate is subject to change, but you will be notified of any change in your annual rate with the option to cancel in accordance with these terms. You may cancel your subscription at any time within any annual subscription period. However, any cancellation will only become effective at the end of the annual subscription period it was submitted in. No refunds and/or rebates will be paid for any part of the annual subscription. Cancellation that take place within 30 days after the auto renewal date can still be cancelled but a fee equal to 20% of the renewed annual subscription will be due. Cancellation requests after the 30-day period of your renewal date, will not be granted under any circumstances. Subscription Fees are not refundable or cancelable under any circumstance following the 30-day period after the auto renewal date.
3. PAYMENT FOR SERVICES
All Subscriptions are for a limited period of time ("duration"). The duration of a Subscription is a thirty (30) day subscription or a one-year (12 months) subscription unless a different term is stated in the Subscription Agreement between You and Agency Access, in which case that duration will apply. Unless otherwise noted in writing, the Subscription commences on the day that You a) agree to the Subscription Agreement; b) receive a copy of the invoice; or c) pay the initial payment due for the Subscription, whichever is earliest. The Subscription automatically renews after its duration. You will be required to make all payments due during the duration of the Subscription regardless of whether You choose to access the Website, Contact Database or use the Services You agreed to in the Subscription Agreement.
5. SUBSCRIBER CONTENT
You and Agency Access agree that each shall maintain and not disclose any and all confidential or proprietary information that is received from the other as a result of or in connection with Your Subscription and/or Services provided in connection therewith. Neither You nor Agency Access will, without the other's prior written consent, disclose to any third party any information concerning the other’s proprietary or confidential information and material, including but not limited to the business or method of working of the other party, which may be revealed as a result of or in connection with Your Subscription and/or Services, except as required by law, to the extent that such information may become public knowledge, may be acquired or generated by either party independently from something other than by a breach of this clause or to obtain legal or tax advise.
This clause shall survive termination of the Subscription Agreement.
8. DISCLAIMERS AND LIMITATIONS OF WARRANTIES
Agency Access uses reasonable efforts to provide the Auto Renewal Subscription Services that You have Subscribed to receive. However, the results of any marketing effort depend on innumerable factors and market variables that are outside of Agency Access' control. As a result, although the Auto Renewal Subscription is intended to assist you to meet Your marketing goals, final results may vary.
THE AUTO RENEWAL SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO ALL RELATED SERVICES, MATERIALS AND WEBSITE CONTENT, ETC. ARE PROVIDED “AS IS.” AGENCY ACCESS EXCLUDES AND DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. AGENCY ACCESS IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE AUTO RENEWAL SUBSCRIPTION, ITS CONTENT AND/OR THE DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE AUTO RENEWAL SUBSCRIPTION FUNCTIONS, OR THE MATERIALS AND CONDUCT AVAILABLE IN CONNECTION THEREWITH ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO THE USER’S AND/OR SUBSCRIBER'S USE OF AUTO RENEWAL SUBSCRIPTION AND ITS ASSOCIATED MATERIALS, INCLUDING THE AGENCY ACCESS WEBSITE OR RELATED SERVICES. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER AGENCY ACCESS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF SUBSCRIBER'S USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE AUTO RENEWAL SUBSCRIPTION, ITS CONTENT AND/OR DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, WHETHER OR NOT AGENCY ACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY
11. COMPLETE AGREEMENT
Eff. Date September 7, 2020