By using, accessing, or subscribing to any service provided by AmericasMarketingExpert.com you agree:
- to the Universal Terms of Service (TOS)
- that you will submit prompt payment in accordance with your account.
All content and services shall be construed and enforced under the laws of Clinton County in the State of Michigan.
Refunds, Chargebacks, and Fees:
All hosting services are provided subsequent to payment and are non-refundable, unless otherwise specifically stated and agreed to by both parties. We reserve the right to cancel your Account at any time with or without notice. Violations of the Terms of Service will waive any refund policy.
If you ever feel that AmericasMarketingExpert.com incorrectly charged your Account or credit card you must contact us for a correction. If you do contact your credit card company and issue a chargeback then you will be responsible for the $45 chargeback fee. If you do not pay this fee then your Account will be closed.
Credit cards that are declined for any reason are subject to a $5.00 Declination Fee. If your payment by check is returned for any reason you are subject to a $25.00 Returned Check Fee. If you require a paper invoice you are subject to a $4.50 per invoice Paper Invoice Fee. Accounts not paid by the due date are subject to a Late Fee of $10.00 or 12%, whichever is greater.
In the event that your Account or Service is suspended service for non-payment or any TOS violation, AmericasMarketingExpert.com reserves the right to charge a Reactivation Fee of $100.00.
If your Account becomes past due for any reason, including a declined, returned, or late payment your Services and/or Account may be suspended or terminated, regardless of delinquency. AmericasMarketingExpert.com may, as a courtesy, send a warning notice prior to disconnection but shall not be required to do so.
Accounts that are not collectable by AmericasMarketingExpert.com may be turned over to a collection agency. If your account is turned over for collection, you agree to pay a Processing and Collection Fee of not less than $50.00 nor more than $300.00 in addition to any attorney fees necessary for the collection. If you desire to cancel your Account, please follow the proper procedure by contacting us.
Additonal fees may be defined and assessed within the TOS policy, Account contracts, or AmericasMarketingExpert.com's standard Service rates and are defined here by way of inclusion.
AmericasMarketingExpert.com does not typically send invoices via postal mail and is under no obligation to transmit invoices electronically. Customer assumes the responsibility of using the appropriate billing interface provided by AmericasMarketingExpert.com for purposes of reviewing and satisfying invoices.
All requests for Account cancellation must be made via e-mail to firstname.lastname@example.org with a minimum of 30 days prior notice. You must have all Account information to cancel.
All services provided by AmericasMarketingExpert.com are entered with a Binding Arbitration clause which effects your legal rights and may be enforced by the parties. In the event a dispute shall arise between the parties it is hereby agreed that the dispute shall be resolved through arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
LIMITATION OF LIABILITY:
IN NO EVENT WILL AmericasMarketingExpert.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF ANY PROVIDED SERVICE BY ANY PERSON, REGARDLESS OF WHETHER AmericasMarketingExpert.com IS INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, AmericasMarketingExpert.com'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
Titles and Headings:
The headings used in this Agreement are for convenience only and are not to be used in construction or interpretation.
Changes to our Legal Agreement:
If we decide to change our Legal Agreement, we will post those changes on this page, and/or update the modification date below.
© 2011 AmericasMarketingExpert.com. All rights reserved.
This document was last modified on June 24,2011.