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My Financial Worth Customer Agreement Please carefully read this agreement. My Financial Worth also referred to as we, our or us and Customer, (named above) also referred to as you or your, agree as follows: By accepting this agreement, you're bound by its conditions. Your Usage Plans Your usage plan information becomes part of this agreement. Term of Contract Your contract for My Financial Worth services is for a period of 1 month, reoccurring monthly with each new month until customer contacts to cancel the service. Your Rights to Cancel This Agreement THIS AGREEMENT STARTS WHEN YOU ACCEPT by written or electronic signature or by accessing our services via telephone or recording device. You may cancel your service at the end of any term, by simply calling Customer Service. You will be responsible for all fees and charges incurred until the termination date Services Provided. We will provide proprietary financial calculating and budgeting web software. We will (a) establish an account on our internet enabled, computer network database for you; (b) allow you access to the database via the internet and (c) send you emails with your information on a daily and / or monthly basis depending on your settings. The Services are accessible via computer or pda including internet appliances with modems, terminals and network computers, as well as various wireless devices. You understand that in order for our Services, including future services that become available, to perform to your satisfaction, or at all, you are solely responsible for the hardware, software or other technology you use to access our Services. We will not be responsible for any service difficulties resulting from your failure to possess technology adequate to use our Services to your satisfaction. By using our Services, you agree to comply with the terms and conditions of this Agreement. Ownership of Transcribed Information; Confidentiality. The parties agree that the information provided by you belongs to you. We agree to keep your Information confidential per our company Privacy Policy; by keeping your personal and credit information private, we protect you from unwanted calls or solicitations from lending and credit services. Our privacy policy fully supports our role as an advocate serving to protect and inform the American consumer. Your personal and credit information are exclusively yours. Not ours. Limitations of Liability and Damages. WE, OUR INFORMATION TRANSMITTERS, AND ALL OTHER PERSONS INVOLVED IN CONVERTING INFORMATION WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS NOT LIMITED TO CLAIMS FOR LOST PROFITS, AND DAMAGES THAT MAY RESULT FROM USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE CONVERTED INFORMATION. NOR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION, YOU WILL ALWAYS HAVE THE ABILITY TO REVIEW AND CORRECT. AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST US, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH OUR SERVICES RELATED TO YOUR CLAIM. THIS WAIVER IS ONLY VALID IF ALLOWED IN YOUR SPECIFIC JURISDICTION. IF SUCH WAIVER IS NOT ALLOWED OR IS LIMITED BY LAW; SUCH LIMITATIONS WILL BE CONSIDERED MODIFIED TO COMPLY WITH THE ALLOWABLE LIMITATION. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. No Liability exists for events outside of our direct control. Data Transmission. You acknowledge that data, including e-mail, electronic communications and client data, may be accessed by unauthorized third parties when communicated through electronic means. i.e. e-mail, internet etc. AGREEMENT TO ARBITRATE ALL DISPUTES: By "signing" below and in order for us to process your application for services, you and we agree that any and all claims, disputes or controversies that we or our servicers or agents have against you or that you have against us, our servicers, agents, directors, officers and employees shall be resolved by binding individual (and not class) arbitration by and under the Code of Procedure of the National Arbitration Forum (NAF) in effect at the time the claim is filed. AGREEMENT NOT TO BRING, JOIN OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, by "signing" below you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, servicers, directors, officers and employees. IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON'T APPLY, OR A CLAIM PROCEEDS IN SMALL CLAIMS COURT, WE EACH WAIVE ANY TRIAL BY JURY. Term of Contract Your contract for My Financial Worth services is for a period of 1 month, re-occurring monthly with each new month until customer contacts to cancel the service. Miscellaneous. You represent that you're at least 18 years old and have the legal capacity to accept this agreement. If you're enrolling for a company, you are representing that you're authorized to bind it, and where the context requires, you means the company. About This Agreement This Enrollment Agreement may be modified by us upon written notice to you provided, however, that if we send you written notice, via electronic communication or otherwise, of a modification, you confirm your acceptance of the modification by not closing and/or by continuing to use our services. You also agree to pay a $20.00 return item fee for any and all funds returned by your bank, or credit card company, regardless of the reason for such return. You agree to defend, indemnify and hold us and the Information conversion and transmitters harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys fees, costs and expenses) arising from your violation of this Agreement, state or federal securities laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation or any proprietary right and invasion of any privacy rights. The obligations herein will survive the termination of this Agreement. Consideration. Customer will pay to us (a) upon execution of this Enrollment Agreement (b) a monthly service fee of an amount equal to the monthly fee for the program that you selected during the sign up process, for each activated account enrolled in My Financial Worth program. Any amounts due and payable for excess usage will be due and payable on the first day of the next service period. Payment will be by automatic debit from the customer's checking account or credit card.
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