CREATIVE EDGE CONCEPTS.COM SUBSCRIBER SERVICES AGREEMENT
Creative Edge Concepts, LLC (CEC) grants to the Subscriber the nonexclusive right to use its online estate and financial planning tools, namely www.creativeedgeconcepts.com , on the following terms and conditions:
Acceptance, Payment, and Terms. All charges that Subscriber incurs will be automatically debited to the credit card account according to the Subscriber's subscription terms monthly, quarterly, or yearly at the current rate, plus any special expenses, such as set-up, custom graphics or custom text insertion. If a renewal payment or credit card charge is not received within thirty (30) days of the due date, CEC may withhold or suspend services and may terminate this Agreement, which does not relieve Subscriber from paying past-due charges. Subscriber reactivated accounts will be subject to a reactivation charge equal to then current installation fee.
Disclaimer. It is understood by subscriber that there is a distinct possibility that the subscriber will experience a potential variety of problems with the operation of the CEC website. These problems can range from the website being down and/or inoperable to calculators and subsequent presentations providing erroneous data. While it is the intent of CEC to provide the subscriber with 100% customer satisfaction, subscriber agrees to hold harmless CEC for any problems associated with the operation of the website, calculators and presentations. Subscriber agrees to operate this at its own risk.
Prices and Plans. The specified services to be provided to Subscriber shall be established at the time of the initial signup. CEC reserves the right to modify the Terms of Service contained herein and change pricing or services at any time after 2004, subject to a 90-day notice. If CEC changes terms, prices or services, Subscriber can terminate this Agreement . Information regarding pricing, payment terms and options can be viewed in the Pricing section of the Website.
Services Provided. The services shall consist of CEC-hosted, online estate and financial planning tools accessible via a unique Subscriber login. The Subscriber may select, enter, and modify client information through use of online data forms resident on the CEC server. Only Subscribers will have access to view client data.
Compliance. If a Subscriber's company or broker dealer will not approve the client reports generated by the program, Subscriber may terminate this Agreement in writing, with no subsequent payment required.
Copyright and Limitations on Use. The content furnished is the property of CEC or its licensors and is protected by copyright and other intellectual property laws. Content includes, for example, calculators and other items displayed on the site. Subscriber agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received to anyone except to those clients he/she has entered into the program, including but not limited to others in the same company or organization, without express prior written consent.
Rules and Regulations. The Subscriber understands that no information regarding the website is to be disseminated to anyone except the Subscriber's clients and associates. Subscriber agrees not to divulge his/her specific User ID and/or password to anyone. The Subscriber may not use the Service for any criminal or illegal activities, or posting any information that is obscene, pornographic, or of a sexually explicit or graphic nature which violates any local, state, or federal law regulation, or which might otherwise be legally actionable. Subscriber may not abuse the Internet by using the Service for spamming, flaming or other similar activities, nor may they introduce Trojan horses and viruses on the Internet. Subscribers may not post defamatory, scandalous, or private information, or violate trademarks, copyrights or other intellectual property rights. Subscribers must comply with all applicable laws, regulations and conventions. Subscribers shall acquire permission if they use the Service to receive, upload, download, display, distribute or execute programs or perform other works protected by intellectual property laws, including copyright and patent laws, and they shall not delete or alter author attributes or copyright notices, unless permitted in writing by the author or owner. Subscribers may not misuse system resources, or permit use of mail services, mail forwarding, POP accounts, or auto-responders other than for the Subscriber's own account. All graphic designs, style templates, icons, HTML code and other graphic elements are the exclusive property of CEC or its respective copyright holders. Re-use of copyrighted elements for any purpose other than their exclusive use on the web site is expressly forbidden.
Liability Limitation. Subscriber agrees that the Service provided is “as is” and on an “as available” basis and may be temporarily unavailable due to conditions of the Internet or file servers. The Subscriber agrees that CEC is not responsible for any third party claims or losses of any nature, including any punitive or consequential damages relating to financial advice, insurance or investment purchases, sales or service. Subscriber agrees that CEC is not responsible for and has no control over, and disclaims all liability in connection with the operation and content of the website and compliance with applicable law and company policies.
Indemnification. Subscriber agrees to defend, indemnify, and hold CEC harmless from and against any and all claims and liabilities arising from (a) any injury to persons or property caused by any item sold or advertised in connection with Subscriber's information and data; (b) any claim that any item sold or advertised in connection with Subscriber's information and data does not comply with all local and international safety and labeling requirements and all other relevant local and international laws, treaties, regulations, ordinances and the like; (c) any defamatory, libelous or illegal, or allegedly defamatory, libelous, or illegal material contained within Subscriber's information and data; (d) any material Subscriber adds to the website that is infringing or allegedly infringing on the proprietary rights (including but not limited to intellectual property rights) of a third party;
(e) any third-party claim arising out of third-party access or use of Subscriber's information and data; and (f) any claim by Subscriber that Subscriber's data was compromised because of a failure to provide adequate security. If any action or proceeding is brought against CEC by reason of any such claim, Subscriber shall defend such action or proceeding at Subscriber's sole cost by counsel satisfactory to CEC. In the event that a third-party claim or demand is made that may give rise to this provision, Subscriber agrees to promptly notify CEC.
Limitations on Use; Responsibilities of User. Subscriber shall not use this service to send or receive any information in the form of text, graphics or programs that infringes any patent, copyright, trademark, trade secret, or other intellectual property right, privacy or similar right of another. Subscriber is solely responsible for and agrees to indemnify CEC (under the terms of the Indemnification paragraph above) against any claims arising out of (a) invoicing and collection of any fees which Subscriber charges to users of the Internet that access Subscriber's information and data content; (b) paying all taxes of any nature that become due with regard to CEC's services, except for taxes on CEC's income, irrespective of which party may be responsible for reporting or collecting such taxes; (c) ensuring that Subscriber's information and data do not contain any data or information that violates any law or regulation; (d) Subscriber's content, including but not limited to the accuracy and availability of the information and data content; (e) assessing and maintaining the security of Subscriber's password(s) and User ID(s); and (f) providing assistance to those who access Subscriber's information and data content.
Privacy of Information. Once you've become a Subscriber, we use the information you provided at registration to inform you via e-mail of any product updates or relevant online and offline offers. We do not share your e-mail address with other companies for them to market their products or services to you.
Relationship of the Parties. The relationship between CEC and Subscriber is that of vendor and vendee. The parties shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This Agreement is a commercial agreement entered into for business purposes, not a consumer agreement. The Subscriber shall not have any authority to contract for or on behalf of CEC, or in any other way legally bind CEC in any fashion. Other than as specified herein, neither party makes any representations, or assumes or creates any obligations on behalf of the other.
Association, Broker Dealer or Insurance Company Sponsorship. Any participation in or any recommendation of this service by such a third party shall not obligate that party to any responsibility of either the Subscriber or CEC to perform and execute this agreement and any liability that might arise for actions or non-performance connected with the features, copy or activities connected with the website.
Term and Termination. Unless terminated by either party in accordance with this Agreement, the term of this Agreement shall be automatically renewed for subsequent terms of the same length. This agreement may be terminated by the parties as follows: (a) Unless otherwise provided for in this Agreement, either party may terminate this Agreement, with or without cause, by provision of thirty (30) days notice to the other, prior to the end of the subscription term; or (b) CEC may terminate this Agreement immediately if, based on CEC's sole judgment, it determines that Subscriber has infringed any intellectual property rights, copyright, patent, trademark, privacy right, or posts, displays or transmits obscene, pornographic or sexually explicit or graphic materials in conjunction with the information and data content Subscriber provides: or (c) Subscriber may terminate this Agreement if CEC changes the Terms of Service, the pricing or the services under this Agreement, upon receiving notice of such changes. In any event the Subscriber retains his/her domain (URL) registration.
Content Updates. The content of the site such as estate planning methods, financial planning concepts and calculators will be periodically revised and replaced as a normal part of the responsibility of CEC and this is provided for in the quarterly subscription fee.
Major Enhancements. CEC may in the future make available new features for the websites at no costs, or for a modest fee, and the Subscriber shall have the opportunity to accept or reject these additional features.
Support and Training. CEC shall make available customer support by phone during normal business hours and may, but is not obligated to, provide Subscriber training on an exclusive or participatory basis, such as at an association conference.
Assignment. Subscriber's rights and obligations under this Agreement may not be transferred or assigned directly or indirectly without the prior written consent to CEC.
Partial Invalidity. If any provision of this Agreement or the application of such provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected by such invalidity or unenforceability.
Miscellaneous. This Agreement sets forth the entire agreement and understanding between the parties and may not be modified except by the written consent of both parties. This Agreement shall be governed by and construed in accordance with the laws of the State of California .
Acceptance and Execution. By selecting “I Accept”, you accept the terms and conditions thereof and are authorized to use the program.