TERMS CONDITIONS OF USE
1. User's Acknowledgment and Acceptance of Terms
Revenue Works (referred to as "us" or "we") provides the products and services offered at http://www.revenueworks.com (referred to as this "site"). Immediately upon commencement of use of this site users (referred to as "you") are subject to compliance with all the terms, conditions, and notices contained or referenced herein ("Terms of Use"), as well as any other written agreement between us and you. In addition, when using this site, you shall be subject to any posted guidelines or rules applicable to such services or materials on this site that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
By completing the registration process and/or using this site, your hereby agree to be bound by these Terms of Use. If you do not wish to be bound by these terms and conditions these Terms of Use, please exit the site now and discontinue using any products and/or services offered by this site. Your agreement with us in regard to compliance with these terms and conditions is effective immediately upon commencement of your use of this site.
These Terms of Use are effective as of September 15, 2006. We reserve the right to change these Terms of Use from time to time without notifying you. You acknowledge and agree that it is your responsibility to periodically review this site and these Terms of Use and to be aware of any modifications. These Terms of Use can be accessed directly at http://www.revenueworks.com. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
References to our "Affiliates" in these Terms of Use include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes without limitation all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to, high performance consumer products and affiliate marketing services. Fees for the various services are set out in the membership and service fees described elsewhere in this site. You are solely responsible for providing, at your own expense, any and all equipment necessary to use the services, including a computer and modem; and your own Internet access, which may include telephone service fees.
We reserve the sole right to either modify or discontinue the site, in part or whole, at any time with or without notice to you. We shall not be liable to you or any third party if and when we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of fee-based services. Any new features to the then-current services on this site shall also be subject to these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that this site and any services available on this site are provided on an "as is" basis and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Signup Data and Privacy
In order to access some of the services on this site, a separate account and password may be required, which can be obtained only by completing our online signup form, which requests certain information and data ("Signup Data"). Maintaining and updating your Signup Data is required and is hereby a condition of continued authorization to use this site. By registering, you agree that all information provided in Signup Data is true, current, complete and accurate, and that you will maintain and update this information as required.
You also grant us the right to disclose to third parties certain information about you included in your Signup Data. The information we obtain through your use of this site, including your Signup Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. Our Privacy Policy can be viewed directly at http://www.revenueworks.com.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information that:
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, should this site require one, without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These sites may contain information or material that some people may find inappropriate or offensive, which are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
6. No Resale of Our Services
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this site. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Revenue Works and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site, except for a single copy made for personal use only. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
7. Trademarks
Revenue Works and other marks indicated on our site may be registered trademarks of Revenue Works or its affiliates and/or subsidiaries, in the United States and other countries. Revenue Works and other Revenue Works graphics, logos, page headers, button icons, scripts, and service names may be trademarks or trade dress of Revenue Works or its affiliates and/or subsidiaries. Revenue Works's trademarks and trade dress may not be used in connection with any product or service that is not Revenue Works's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Revenue Works. All other trademarks not owned by Revenue Works, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Revenue Works, its affiliates or its subsidiaries.
8. Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Revenue Works, its content suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Revenue Works and protected by U.S. and international copyright laws. All software used on this site is the property of Revenue Works or its software suppliers and protected by United States and international copyright laws.
9. Limitations
Your service plan, should you be provided one, is solely for personal use. You agree that you will not provide access to this site to non-paying users through your account, and that you are fully responsible for all activities under your password or account. Revenue Works will not be liable for any loss or damage arising from such activities, and reserves the right to terminate your access to this site with or without notice.
For certain online marketing campaigns that require service plan tenure before a premium is earned, your service fee for the first month will need to be processed before your service plan is deemed eligible.
For certain online marketing campaigns that require a printed-out and mailed form, your service plan must be active at the time the fulfillment center receives your form in the mail. Please refer to the terms on the offer for how long to allow for the fulfillment center to receive your form in the mail and verify your service, and for how long to allow for the fulfillment center to process your request and forward your premium.
IMPORTANT!
10. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR FOR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FORGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING BUT NOT LIMITED TO THE PRICE STRUCTURE AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.
THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND SERVICES AND YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR OUR AFFILIATES.
CONTENT AVAILABLE THROUGH THIS SITE OFTEN REPRESENTS THE OPINIONS AND JUDGMENTS OF AN INFORMATION PROVIDER, SITE USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH REVENUE WORKS. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED REVENUE WORKS SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF USE AND YOUR USE OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES ON THE SITE DURING THE ONE MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
14. Use of Written Communication
Revenue Works reserves the right to use any written communication voluntarily sent by customers for any purpose including but not limited to advertising and promotional activities.
15. Use of Information and Ideas Submitted
You hereby acknowledge and agree that Revenue Works is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication (herein referenced as "Ideas") you may send to Revenue Works or may have with a Revenue Works representative, and Revenue Works shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by Revenue Works for commercial purposes, including use by Revenue Works for developing, manufacturing and marketing products and creating, modifying or improving Revenue Works or other products, services or Websites affiliated with Revenue Works. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce or modify such Ideas.
16. Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
17. Export Controls
Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
19. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access to the site and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
20. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Vermont, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Vermont by accessing this site both of us agree that the statutes and laws of the State of Vermont, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. We and you each agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Vermont and the United States District Court for the District of Vermont with respect to such matters.
21. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to info@revenueworks.com if by e-mail, or Revenue Works, 70 S. Winooski Ave. #931, Burlington, VT 05401 if by conventional mail. Notices to you may be sent either to the email address supplied by you or to the address supplied by you as part of your Signup Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (i) on the delivery date if delivered personally to the party; (ii) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (iii) five business days after the mailing date, if sent by US mail, return receipt requested; (iv) on the delivery date if transmitted by confirmed facsimile; or (v) on the delivery date if transmitted by confirmed email.
22. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us and you concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may be modified from time to time by us, but may NOT be altered, supplemented, or amended by the use of any other document(s) submitted by you. Any attempt by you to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
23. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use without your consent.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
24. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by Revenue Works, 70 S. Winooski Ave, #931, Burlington, VT 05401. Our telephone number is (802) 304-1441.
1. User's Acknowledgment and Acceptance of Terms
Revenue Works (referred to as "us" or "we") provides the products and services offered at http://www.revenueworks.com (referred to as this "site"). Immediately upon commencement of use of this site users (referred to as "you") are subject to compliance with all the terms, conditions, and notices contained or referenced herein ("Terms of Use"), as well as any other written agreement between us and you. In addition, when using this site, you shall be subject to any posted guidelines or rules applicable to such services or materials on this site that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
By completing the registration process and/or using this site, your hereby agree to be bound by these Terms of Use. If you do not wish to be bound by these terms and conditions these Terms of Use, please exit the site now and discontinue using any products and/or services offered by this site. Your agreement with us in regard to compliance with these terms and conditions is effective immediately upon commencement of your use of this site.
These Terms of Use are effective as of September 15, 2006. We reserve the right to change these Terms of Use from time to time without notifying you. You acknowledge and agree that it is your responsibility to periodically review this site and these Terms of Use and to be aware of any modifications. These Terms of Use can be accessed directly at http://www.revenueworks.com. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
References to our "Affiliates" in these Terms of Use include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes without limitation all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to, high performance consumer products and affiliate marketing services. Fees for the various services are set out in the membership and service fees described elsewhere in this site. You are solely responsible for providing, at your own expense, any and all equipment necessary to use the services, including a computer and modem; and your own Internet access, which may include telephone service fees.
We reserve the sole right to either modify or discontinue the site, in part or whole, at any time with or without notice to you. We shall not be liable to you or any third party if and when we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of fee-based services. Any new features to the then-current services on this site shall also be subject to these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that this site and any services available on this site are provided on an "as is" basis and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Signup Data and Privacy
In order to access some of the services on this site, a separate account and password may be required, which can be obtained only by completing our online signup form, which requests certain information and data ("Signup Data"). Maintaining and updating your Signup Data is required and is hereby a condition of continued authorization to use this site. By registering, you agree that all information provided in Signup Data is true, current, complete and accurate, and that you will maintain and update this information as required.
You also grant us the right to disclose to third parties certain information about you included in your Signup Data. The information we obtain through your use of this site, including your Signup Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. Our Privacy Policy can be viewed directly at http://www.revenueworks.com.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees, representatives or other members.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, should this site require one, without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These sites may contain information or material that some people may find inappropriate or offensive, which are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
6. No Resale of Our Services
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this site. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Revenue Works and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site, except for a single copy made for personal use only. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
7. Trademarks
Revenue Works and other marks indicated on our site may be registered trademarks of Revenue Works or its affiliates and/or subsidiaries, in the United States and other countries. Revenue Works and other Revenue Works graphics, logos, page headers, button icons, scripts, and service names may be trademarks or trade dress of Revenue Works or its affiliates and/or subsidiaries. Revenue Works's trademarks and trade dress may not be used in connection with any product or service that is not Revenue Works's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Revenue Works. All other trademarks not owned by Revenue Works, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Revenue Works, its affiliates or its subsidiaries.
8. Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Revenue Works, its content suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Revenue Works and protected by U.S. and international copyright laws. All software used on this site is the property of Revenue Works or its software suppliers and protected by United States and international copyright laws.
9. Limitations
Your service plan, should you be provided one, is solely for personal use. You agree that you will not provide access to this site to non-paying users through your account, and that you are fully responsible for all activities under your password or account. Revenue Works will not be liable for any loss or damage arising from such activities, and reserves the right to terminate your access to this site with or without notice.
For certain online marketing campaigns that require service plan tenure before a premium is earned, your service fee for the first month will need to be processed before your service plan is deemed eligible.
For certain online marketing campaigns that require a printed-out and mailed form, your service plan must be active at the time the fulfillment center receives your form in the mail. Please refer to the terms on the offer for how long to allow for the fulfillment center to receive your form in the mail and verify your service, and for how long to allow for the fulfillment center to process your request and forward your premium.
IMPORTANT!
10. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR FOR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FORGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING BUT NOT LIMITED TO THE PRICE STRUCTURE AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.
THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND SERVICES AND YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR OUR AFFILIATES.
CONTENT AVAILABLE THROUGH THIS SITE OFTEN REPRESENTS THE OPINIONS AND JUDGMENTS OF AN INFORMATION PROVIDER, SITE USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH REVENUE WORKS. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED REVENUE WORKS SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF USE AND YOUR USE OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES ON THE SITE DURING THE ONE MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
14. Use of Written Communication
Revenue Works reserves the right to use any written communication voluntarily sent by customers for any purpose including but not limited to advertising and promotional activities.
15. Use of Information and Ideas Submitted
You hereby acknowledge and agree that Revenue Works is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication (herein referenced as "Ideas") you may send to Revenue Works or may have with a Revenue Works representative, and Revenue Works shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by Revenue Works for commercial purposes, including use by Revenue Works for developing, manufacturing and marketing products and creating, modifying or improving Revenue Works or other products, services or Websites affiliated with Revenue Works. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce or modify such Ideas.
16. Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
17. Export Controls
Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
19. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access to the site and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
20. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Vermont, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Vermont by accessing this site both of us agree that the statutes and laws of the State of Vermont, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. We and you each agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Vermont and the United States District Court for the District of Vermont with respect to such matters.
21. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to info@revenueworks.com if by e-mail, or Revenue Works, 70 S. Winooski Ave. #931, Burlington, VT 05401 if by conventional mail. Notices to you may be sent either to the email address supplied by you or to the address supplied by you as part of your Signup Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (i) on the delivery date if delivered personally to the party; (ii) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (iii) five business days after the mailing date, if sent by US mail, return receipt requested; (iv) on the delivery date if transmitted by confirmed facsimile; or (v) on the delivery date if transmitted by confirmed email.
22. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us and you concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may be modified from time to time by us, but may NOT be altered, supplemented, or amended by the use of any other document(s) submitted by you. Any attempt by you to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
23. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use without your consent.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
24. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by Revenue Works, 70 S. Winooski Ave, #931, Burlington, VT 05401. Our telephone number is (802) 304-1441.
