Under no circumstances, including, but not limited to, negligence, shall ScoringSystem, its Principals, Divisions, Suppliers, Subsidiaries, their related bodies corporate, agents, employees, or other third Parties mentioned at this site accept any liability to you or any other person for any loss or damage arising from, connected with, or relating to the use, the inability to use, or reliance on the information contained herein including without limitation any costs, claims or demands of any nature by you or any party, loss of profit or any other damages direct, indirect or consequential even if ScoringSystem, any of its divisions, or its authorized representatives have been advised of the possibility of such damages.
In no event shall the webmaster be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.
The materials in this site are provided "as is" and without warranties of any kind either express or implied. The webmaster does not warrant or make any representations regarding the use or the results of the use of the content or other materials in this site in terms of their correctness, accuracy, reliability, or otherwise. The webmaster is not the owner or proprietor of this site. The information contained herein has not been prepared with regard to the particular circumstances or needs of any specific person who may read it. The information contained herein is believed to be reliable, but its content, completeness and/or accuracy are not guaranteed. Opinions may change without notice.
This site is not affiliated with any other company. No implication of association or affiliation with, or endorsement by any company or organization is intended or should be inferred.
Unless specifically expressed otherwise, all of the statements, comments, writings, information, titles, headings, messages or words or any type contained in this web site are for convenience and informational purposes only. The ideas, information, commentaries, and opinions expressed within this site do not necessarily represent those of ScoringSystem, its divisions, its board, or its staff. Material presented is believed to be from reliable sources and we make no representations as to its accuracy or completeness.
Information made available by ScoringSystem or its divisions and information provided by third parties, including information regarding industries, companies, stocks, investments and securities, taxation, legal and political issues on these pages and associated links is done in accordance with the right to free speech and does not constitute any investment, accounting, tax, banking, or legal advice. ScoringSystem and its divisions strongly recommend that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting, investing or any other profession where assistance is needed, the service of a competent, accredited, and qualified professional should be sought.
Terms of Service
ScoringSystem, Inc
Nov 30, 2003
Updated March 3, 2005
By accessing and using any of ScoringSystem, Inc.�s
websites ("Website"), you are agreeing to the following Terms of Use.
We encourage you to review the Terms of Use, along with the Privacy Policy,
which is incorporated by reference, as they form a binding agreement between
ScoringSystem and you. In addition, because ScoringSystem may revise these
Terms of Use from time to time, at our discretion, we also encourage you to
check back periodically to familiarize yourself with any changes. If we make
any changes or modifications, we will post the updated Terms of Use on the
Website. Please note that the changes become effective immediately at the time
of posting. Remember that this Terms of Use applies only to the Website and
does not apply to the content of third parties.
If you have any questions regarding the use of the
Website, please refer first to the Help Section of the Frequently Asked
Questions. All other questions or comments about the Website or its contents
should be directed to the ScoringSystem Customer Care Department.
1. BECOMING A MEMBER AND REGISTERING ON THE WEBSITE.
A. Accessing the Site and Becoming a Member. THE
WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 13 YEARS OF AGE
AND OLDER. BY ACCESSING AND USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU ARE
AT LEAST 13 YEARS OLD. While there are parts of the Website that are available
only to individuals who purchase a fee-based subscription and services, there
is no cost to use our non-fee based services. If you are merely surfing or
browsing through the site and have not yet registered to become a member, your
use of the Website is still subject to the Terms of Use; if you do not agree to
the Terms of Use, do not use the Website. The specific Services available to
you will vary depending upon whether you register as a member and whether or
not you choose to purchase a fee-based subscription. Your use of the Website
may also be subject to additional terms outlined elsewhere in this agreement
(the "Additional Terms"). Please review these Additional Terms as
they also form a binding part of our agreement with you. Once you purchase a
fee-based ScoringSystem subscription, we consider you a "member" of
the ScoringSystem community.
B. Your Information. When you register on the
Website we may ask you to provide us with certain personal information about
yourself including, without limitation, your name, address, telephone number,
email or other electronic address and applicable billing information (e.g.,
credit card number and expiration date) (collectively, "Your
Information"). Please review our Privacy Policy for clarification on how
we may use Your Information and other information that you may provide or
submit while using the Website and our Services. For your part, you agree that
all Your Information that you provide to us or post on the Website is complete,
accurate and up to date. Because your work email may be subject to additional
limitations placed on its use by your employer, please use your personal email
address when registering as a member. If you choose to register with your work
email, we may not be able to provide you with certain Services and we may
require you to update Your Information with a personal email address. You are
responsible for notifying us of any changes to Your Information. If you fail to
update Your Information or if all or part of Your Information is (or appears to
be) untrue, inaccurate, or incomplete we may suspend or terminate your
membership and refuse any and all current or future use of our Website and
Services, without refund to you of any fees paid.
In order to cooperate with governmental requests,
subpoenas or court orders, to protect our systems, or to ensure the integrity
and operation of our business and systems, we may access and disclose any
information we consider necessary or appropriate, including, without limitation,
Your Information, IP address and traffic information, usage history, and
Content you have posted on the Website. Our right to disclose any such
information shall govern over any terms of our Privacy Policy.
C. Your Password. During the registration process we
will provide you with a unique password. Because any activities that occur
under your username and password are your responsibility it is important for
you to keep your username and password secure. Notify us immediately if you
believe that someone has used your registration or password without your
authorization.
2. MEMBER CONDUCT.
A. Community Guidelines. The Website might contain
areas that enable communication for members of the community, such as message
boards, forums, profile pages and other areas where you may interact with other
members through posting or sharing of content (collectively the "Communication Tools"). In using the Website, you might also have
occasion to disclose, post, or otherwise upload to publicly accessible portions
of the Website, or share with other members, information and other content,
including but not limited to biographical information, photographs, and
profiles, (collectively, the "Content"). Our members are required to
use the Communication Tools responsibly, as they would act responsibly when
communicating or interacting with others in their offline communities. As a
result, we expect and require that our members take full responsibility for the
Content that they post or send through the Website. We also wish to remind you
that you should choose carefully which information you post on the Website and
that you provide to other members. We have established some Community
Guidelines that we hope will increase your awareness of your responsibilities
to others when using the Communication Tools and will enhance your enjoyment of
our Website. These Guidelines are incorporated by reference into this Terms of
Use. We may update these Guidelines from time to time. In addition to your
adherence to the Guidelines, you specifically agree to comply with all
applicable laws concerning the transmission of technical data exported from the
United States or the country you reside in.
The following Community Guidelines apply to and
govern your use of the Communication Tools:
Do contribute responsibly in the forums;
Do treat others in the community with respect;
Do let us know if you come across Content that you
find offensive, possibly unlawful, or that you believe otherwise violates these
Community Guidelines;
Don't upload, post, email, transmit or otherwise
make available ("Provide") any Content that is unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, harassing, threatening,
harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise
objectionable;
Don't Provide any Content that encourages a criminal
offense or violates the rights of any party;
Don't impersonate anyone else or misrepresent your
affiliation with a person or entity;
Don't participate in any unauthorized or unsolicited
promotions, advertising, "junk mail", "spam", "chain
letters", "pyramid schemes" or any other form of solicitation,
or otherwise use the website for a commercial purpose;
Don't violate any applicable local, state, national
and international law or regulation;
Don't Provide any correspondence from ScoringSystem
or another party without such party's permission;
Don't interfere with, interrupt, destroy or limit
the functionality of the Website or any computer software or hardware or
telecommunications equipment;
Don't harass others;
Don't use other members' personal data for purposes
other than establishing contact that is reasonably expected to be welcomed by
the friend or acquaintance;
Don't try to gain unauthorized access to the
Website, other members' accounts, or computers connected to the Website; and
Don't post telephone numbers, street addresses, last
names, URLs or email addresses in Content that is publicly accessible on the
Website.
B. Monitoring and Enforcement. While we have the right
to monitor activity and Content associated with the Communication Tools, we
aren't obligated to do so. And since we don't, and might not have the ability
to, control or actively monitor the Content, we don't guarantee its accuracy,
integrity or quality. Because community standards vary and individuals
sometimes choose not to comply with our policies and practices, in the process
of using our Website, you may be exposed to Content that you find offensive or
objectionable. You can contact our Member Care Department to let us know of
Content that you find objectionable. We may investigate the complaints and
violations of our policies that come to our attention and may take any action
that we believe is appropriate, including, but not limited to issuing warnings,
removing the Content or terminating memberships. However, because situations
and interpretations vary, we also reserve the right not to take any action. In
such cases, we may not remove Content that you believe is objectionable or
offensive. Please remember that you can always choose to refrain from using any
part of the Website that exposes you to something with which you are
uncomfortable. Under no circumstances will we be liable in any way for any
Content, including, but not limited to, any errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of the use of, access
to, or denial of access to any Content.
3. SUBMITTING OR POSTING CONTENT.
When you participate in the ScoringSystem community
you are granting ScoringSystem certain rights to use the Content you submit or
post through the Website. By submitting Content you grant us a royalty-free,
worldwide, non-terminable, non-exclusive license to use, reproduce, modify,
adapt, edit, market, publish, store, distribute, have distributed, publicly and
privately display, communicate, publicly and privately perform, transmit, have
transmitted, create derivative works based upon, and promote such Content (in
whole or in part) in any medium now known or hereafter devised, for editorial,
commercial, promotional and all other purposes including, without limitation,
the right to publish your name in connection with your Content; and the right
to sublicense any or all of these rights. You acknowledge that ScoringSystem
owns all right, title, and interest in any compilation, collective work or
other derivative work created using or incorporating the Content. Please
remember that you are ultimately responsible for all Content that you provide
and you warrant and represent that: (i) the Content does not and will not
infringe on any copyright or any other third party right nor violate any
applicable law or regulation; and (ii) you have the right to grant any and all
necessary rights and licenses provided in this Section 3, including without
limitation, all necessary copyright and other related rights to the Content,
free and clear of all claims and encumbrances without violating the rights of
any person or entity, including any right to privacy or publicity; and (iii)
that each person depicted in any picture or photograph that you submit as part
of the Content, if any, has provided consent to the use of the photograph. No
compensation will be paid for the use of your Content, including, without
limit, any photograph you may provide.
4. ScoringSystem PROPERTY RIGHTS.
The Website (and all of the material that it
contains) is owned by ScoringSystem, Inc., or its third party licensors and is
protected by intellectual property and other laws throughout the world. Nothing
found on the Website may be copied, reproduced, republished, distributed, sold,
licensed, transferred, distributed or modified without the express written
permission of ScoringSystem. In addition, the trademarks, logos and service
marks displayed on the website are the property of ScoringSystem or its
licensors. If you are aware of material on the Website that infringes
copyright, please contact us through the Copyright Infringement Policy process,
which is described below.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR
DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED.
Nothing contained in the Terms of Use or in the materials on the Website should
be construed as granting, by implication, estoppel or otherwise, any license or
right to use any material in any manner without the prior written consent of
ScoringSystem or such third party that may own the material or intellectual
property displayed on this Website. In addition, use of the content or
materials for any purpose not expressly permitted in the Terms of Use is
prohibited.
5. AVAILABILITY OF SERVICES.
ScoringSystem does not provide you with access to
the Internet or the equipment necessary to access the Internet or the Website
or Services. You are responsible for the fees charged by other parties to
obtain access to our Website and Services (by way of example only, Internet
service provider or airtime charges) and for providing the equipment necessary
to access the Website and Services. From time to time ScoringSystem may modify,
suspend or discontinue any of the Services offered on our Website without
notice to you. ScoringSystem shall not be liable to you for any modification,
suspension or discontinuance of Services. ScoringSystem may establish certain
policies and practices concerning use of the Services, including without
limitation the maximum number of email messages, message board postings or
other Content that can be sent through our Services and the number of days that
these items will be retained on our systems. ScoringSystem has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by or
through our Services. We reserve the right to change our practices and policies
at any time, in our sole discretion, with or without notice to you.
6. THIRD-PARTY OFFERS.
We may allow other companies to offer you products
and services, including offers through our Website or via email. Whether or not
you decide to participate in such an offer is up to you. Your participation in
any of these offers, including payment and delivery of related goods or
services and the terms, conditions, warranties or representations associated
with such offers, is solely between you and the third-party company. You agree
that ScoringSystem shall not be liable for any costs or damages you may incur
resulting from your decision to enter such transactions.
7. LINKING TO OR FROM OUR WEBSITE.
You cannot link to our Website without our prior
written consent. While our Website may have links to the websites of other
companies and parties, ScoringSystem has no control over those websites.
ScoringSystem is not responsible or liable for any content, advertising,
products, services or other materials on or available from those websites.
ScoringSystem is not 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 content, advertising, products, services or other materials
on those websites.
8. TERMINATION/CANCELLATION.
You may terminate your registration at any time by
contacting our Customer Care Department. If you have a dispute with us relating
to the Website or the Services, you may cancel your registration or cease use
of the Website. The cancellation of your membership or ceasing all use of our
Website is your only remedy with respect to any such dispute that you may have
with us. We will attempt to process all cancellation requests within 72 hours
after we receive your request. Any such termination or cancellation is subject
to the refund policy described in the Additional Terms. From time to time
certain members do not comply with the terms and conditions in the Terms of
Use. If we determine, in our sole discretion, that you are not in compliance
with the Terms of Use, we reserve the right to terminate your membership. Upon
any termination or cancellation of your membership, we may immediately
deactivate or delete your membership and all related information and/or bar any
further access to your membership or information.
9. PRIVACY.
ScoringSystem believes strongly in protecting the
privacy of users of the Website and providing you with notice of our collection
and use of data, including personally identifying information collected from
the Website. Therefore, ScoringSystem has adopted a Privacy Policy, which is
incorporated herein by reference, that you should read to fully understand how
we collect and use information.
10. COPYRIGHT INFRINGEMENT POLICY.
In compliance with the Digital Millennium Copyright
Act ("DMCA"), ScoringSystem has established the procedure outlined
below to address alleged copyright infringement on the Website. If you believe
that your work has been copied and has been posted to this Website in a way
that constitutes copyright infringement, you may provide ScoringSystem with
notice of your complaint by providing ScoringSystem's Designated Copyright
Agent with the following information in writing:
- the electronic or physical signature of the owner
of the copyright or the person authorized to act on the owner's behalf;
- identification of the copyrighted work that you
claim has been infringed;
- identification of the material that is claimed to
be infringing, with information about its location reasonably specific to
permit ScoringSystem to locate the material;
- your name, address, telephone number, and email
address;
- a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
- a statement, made under penalty of perjury, that
the above information in your notification is accurate and that you are the
copyright owner or are authorized to act on the copyright owner's behalf.
To be effective, your notification must be in
writing and include the above information. ScoringSystem's Designated Copyright
Agent to receive your notification is:
Name of Agent: Brunhilde Merker
Address: 1119 59th Street NW, Bradenton,Florida 34209
Telephone Number of Designated Agent: +1+941-792-6405
Facsimile Number of Designated Agent: +1+941+798+6978
Email Address Designated Agent:
copyright@scoringsystem.com
ScoringSystem, in its sole
discretion, reserves the right to refuse additional Content from members who
have posted allegedly infringing material, and / or delete the material, or to
terminate such members' accounts.
After receiving a notification, ScoringSystem will
process and investigate the notification and will take appropriate actions
under the DMCA and other applicable intellectual property laws. Upon receipt of
a notification that complies or substantially complies with the DMCA (as set
forth above), ScoringSystem will act expeditiously to remove or disable access
to any material claimed to be infringing or claimed to be the subject of
infringing activity, and will act expeditiously to remove or disable access to
any reference or link to material or activity that is claimed to be infringing.
ScoringSystem will promptly take reasonable steps to notify the member that is
the subject of the notification that it has removed or disabled access to such
material.
If you are subject to a notification, you may
provide us with a counter notification by providing our Designated Copyright
Agent the following information in writing:
- your physical or electronic signature;
- identification of the material that has been
removed or to which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have
a good faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a
statement that you consent to the jurisdiction of Federal District Court for
the judicial district in which your address is located, or if your address is
outside of the United States, for any judicial district in which ScoringSystem
may be found and that you will accept service of process from the person who
provided the initial notification of alleged infringement.
Upon receipt of a proper counter notification under
the DMCA (as set forth above), ScoringSystem will promptly provide the person
who provided the initial notification with a copy of the counter notification
and inform that person that it will replace the removed material or cease
disabling access to it in ten (10) business days. Additionally, ScoringSystem
will replace the removed material and cease disabling access to it not less
than ten (10), nor more than fourteen (14) business days following receipt of
the counter notice, unless ScoringSystem's Designated Copyright Agent first
receives notice from the person who submitted the initial notification that
such person has filed an action seeking a court order to restrain you from
engaging in infringing activity relating to the material on the Website.
11. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT:
OUR WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SCORINGSYSTEM DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU
WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, AND SCORINGSYSTEM MAKES NO WARRANTY THAT THE INFORMATION
ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. SCORINGSYSTEM DISCLAIMS ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS
AND DAMAGE DUE TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE
COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF
THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. LIMITATIONS OF LIABILITY.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE
RISK. SCORINGSYSTEM AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR
RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN
CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF
SCORINGSYSTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
13. INDEMNIFICATION.
You shall indemnify and hold harmless, and at
ScoringSystem's request defend, ScoringSystem, its parents, subsidiaries, and
affiliates, as well as their respective directors, officers, shareholders,
employees, agents and owners (each, an "Indemnified Party") from and
against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs and expenses (including reasonable attorneys' fees, an allocation
for in-house counsel, and other legal costs) arising out of your acts or
omissions, including claims resulting from your use of the Website, your
submission, posting or transmission of information or Content, or any breach of
your obligations set forth in this agreement. You shall reimburse each
Indemnified Party on demand for any costs, expenses and liabilities incurred by
such Indemnified Party to which this indemnity relates.
14. CHOICE OF LAW & VENUE.
The Terms of Use, your access and use of the Website
and Services and the relationship between you and ScoringSystem is governed by
the laws of the State of Florida, without giving effect to its conflict of law
provisions. ScoringSystem and you both agree to submit to the personal and exclusive
jurisdiction of the courts of the State of Florida. You are responsible for
complying with local laws, if and to the extent local laws are applicable.
Notwithstanding the foregoing, ScoringSystem shall have the right to commence
and prosecute any legal or equitable action or proceeding before any United
States or non-United States court of competent jurisdiction to obtain
injunctive or other relief in ScoringSystem's sole discretion. Regardless of
any statute or law to the contrary, any claim or cause of action by you arising
out of or related to use of the Website or the Terms of Use must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
15. COPYRIGHT AND TRADEMARK NOTICE.
All of the content you see, hear or otherwise experience on ScoringSystem and its divisions (the "Content"), including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, comply with Sections 2252 and 2257 of Title 18, U.S. Code. The Content in this web site is properly licensed by ScoringSystem, Inc., its affiliates or by third parties who have licensed their materials to ScoringSystem and are protected under the copyright laws of the United States and the Bern Convention on Copyright Protection. Any unauthorized access to, or use of, this web site is strictly prohibited. Any unauthorized reproduction or downloading of the Content contained in these websites or Scoring System, Inc. will be prosecuted to the fullest extent of the law.
16. MISCELLANEOUS TERMS.
Our relationship is not one of agency or partnership
and neither you nor ScoringSystem shall be deemed to be a partner, employee,
fiduciary, agent or representative of the other by your use of the Website. You
may not assign or transfer your rights to any third party. The terms and
conditions in the Terms of Use are severable. In the event that any provision
is determined to be unenforceable or invalid, such provision shall still be
enforced to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any other
remaining provisions. If ScoringSystem fails to enforce any provision of the
Terms of Use it shall not constitute a waiver of such provision. The Terms of
Use may be modified only by ScoringSystem posting changes to the Terms of Use
on the Website. Each time you access the Website, you will be deemed to have
accepted any such changes in effect at the time of access. We may assign our
rights and obligations under the Terms of Use. This agreement will inure to the
benefit of ScoringSystem's successors, assigns and licensees. The failure of
either party to insist upon or enforce the strict performance of the other
party with respect to any provision of the Terms of Use, or to exercise any
right thereunder, will not be construed as a waiver or relinquishment to any
extent of such party's right to assert or rely upon any such provision or right
in that or any other instance; rather, the same will be and remain in full
force and effect. The Terms of Use, the Additional Terms below, the attachments
thereto, and the documents incorporated by reference, constitute the entire
understanding between us regarding your access to, license and use of the
Website and our Services, and they supersede any prior agreements, statements
or representations with respect to the same.
ADDITIONAL TERMS.
SUBSCRIPTION SERVICES.
Subscription Services. Some features of, or services
provided through, the Website require a fee-based subscription (all fee-based
subscriptions are referred to as "Subscription Services"). If you
elect to purchase Subscription Services you understand that your subscription
is personal to you and the members of your household, and you may not transfer
or make available your account name and password to others, including without
limitation your co-workers. Any distribution by you of your account name and
password may result in cancellation of your subscription without refund and in
additional charges based on unauthorized use. From time to time the
Subscription Services may change, without prior notice.
Canceling Subscription Services. You may terminate
Subscription Services at any time by contacting our Customer Care Department.
If you have a dispute with us relating to the Website or the Subscription
Services, you may cancel the Subscription Services. The cancellation of
Subscription Services is your only remedy with respect to any such dispute that
you may have with us. We will attempt to process all cancellation requests
within 72 hours after we receive your request. Any such termination or
cancellation is subject to the no-refund policy described below. Please
remember that if we determine, in our sole discretion, that you are not
complying with the Terms of Use (or the Community Guidelines therein), we
reserve the right to terminate your Subscription Services. Upon any termination
or cancellation of your Subscription Services, we may immediately deactivate or
delete your Website membership and all related information and/or bar any
further access by you to the Website.
Payment. Prices for all Subscription Services
exclude all applicable taxes and telecommunication charges, unless expressly
stated otherwise. To the extent permissible under law, you are responsible for
any applicable taxes, whether or not they are listed on your receipt or
statement. If you purchase Subscription Services, you agree to pay, using a
valid credit card (or other form of payment that we may accept from time to
time), the applicable fees and taxes (if any) set forth on the Website. We
reserve the right, upon prior notice to you, to change the amount of any fees
and to institute new fees, effective at the end of your current subscription
period. All authorized charges will be billed to your designated credit card
account (or other payment method) on the terms described in the specific offer.
If payment cannot be charged to your credit card or your payment is returned to
ScoringSystem for any reason, ScoringSystem reserves the right to either
suspend or terminate your access to the unpaid-for Subscription Services.
REFUND POLICY: 30 day, 100% satisfaction guaranteed.
A full refund will be given for subscriptions that are within 30 days of their
original subscription start date. Subscriptions beyond 30 days from the
original subscription start date are considered "paid in full". No
refunds will be given for such subscriptions.
Any violation of the Terms of Service will result in
immediate cancellation of a subscription without a refund
Automatic Renewal Program. If you are participating
in the ScoringSystem Automatic Renewal Program, ScoringSystem will
automatically renew your subscription on the anniversary of your purchase to
ensure that there is no interruption of your privileges. ScoringSystem will
charge your credit card at the then-current renewal rate using the credit card
information we have on file for your account. You will be notified by email
thirty days prior to your renewal date with a reminder of ScoringSystem's
intent to bill your credit card and the amount you'll be billed. You'll also be
provided with the opportunity to cancel your automatic renewal. Unless you
provide ScoringSystem with prior notice that you are canceling your
subscription, we may renew your subscription without further authorization from
you. Please note that even if you provide us with notice, it will not affect
charges submitted before ScoringSystem can reasonably act. Please contact the
ScoringSystem Customer Care Department (support@scoringsystem.com) to cancel
your automatic renewal, cancel your subscription, or change your payment
method.
MEMBER REWARDS
ScoringSystem may provide links to offers from
certain companies in the "Member Rewards" area of the Website and at
various links throughout the Website. The Member Rewards offers consist of
various individual special offers from different companies. Each individual
company providing Member Rewards offers is responsible for setting and
explaining the terms of use of its website and its privacy policy, as well as
its individual shipping, return, security and other policies applicable to the
services and products offered. Please check with the specific company website
for more information. There is no obligation whatsoever to use any offer
provided to you. ScoringSystem does not guarantee, warrant or endorse any
product or service sold by a Member Rewards participating company, nor do we
have any liability or responsibility for the quality or performance of any
product or service sold to you by any such company. The purchase of any product
or service from one of these companies is a transaction solely between you and
that company, and any question or dispute you may have regarding any such
product or service should be addressed directly to the responsible company.
ScoringSystem has no responsibility or liability for any Member Rewards company
or your relationship with such company.
TERMS OF USE REGARDING DMS
Data Management System (DMS), as
used on any page within this website, refers only to the web-based system
offered as part of the website itself, and is only part of a total data
management system.� No other software or
peripherals are offered or implied by use of this term.
We sincerely hope you enjoy your use of the
ScoringSystem Website. Please contact our Customer Care Department, if you
should have any questions about the Terms of Use or your use of the Website.
