VELOCITY’S THE MERCURY PRODUCTION REPORT
This SUBSCRIPTION Agreement is between the Subscriber (paid user of the report) and Velocity LLC, publisher of The Mercury Production Report, to which you must agree to before you will be allowed to access The Mercury Production Report. We strongly recommend that you take the time to save the Agreement and review it in detail before agreeing to its terms. If you agree, click 'Agree ' at the end of the agreement. BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, JUST AS IF YOU HAD SIGNED THE SUBSCRIBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT PROCESS. Please Read the Following Terms and Conditions Carefully Before Executing this Agreement. The Agreement sets forth the terms and conditions on which The Mercury Production Report and will furnish you ("SUBSCRIBER") a limited non-exclusive, non-assignable license to access to The Mercury Production Report e-mail service, ("SERVICE") as the same now exists or is hereafter
modified. By completing this enrollment process, you agree to be bound by the terms and conditions set forth herein, including but not limited to payment terms and limitations on the use of the SERVICE data.
1. OWNERSHIP AND USE
2. FEES AND PAYMENT
SUBSCRIBER agrees to make payments in full upon acknowledgment of this Agreement which shall be deemed in full force and effect when SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT. Payment in full will be based on the rate schedule in effect at the time SERVICE is used. Any applicable sales or use taxes and nominal handling charge will be payable by SUBSCRIBER. A copy of the rate schedule is available on-line on the Subscribe" page or in the following paragraph. It is understood and agreed that the rate schedule and changes in SERVICE are subject to change upon thirty (30) days notice to SUBSCRIBER prior to the end of the original term of the Agreement. Any changes shall be deemed accepted by SUBSCRIBER if the SERVICE is used by SUBSCRIBER
after the effective date of such changes. CURRENT RATE SCHEDULE when SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT, SUBSCRIBER acknowledges understanding and acceptance of the following Rate Schedule:
-Monthly Subscription Fee: $52.00
-6 Months Subscription Fee: $234.00
-1 Year Subscription Fee: $ 416.00
When SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT, SUBSCRIBER acknowledges understanding that charges will be billed to SUBSCRIBER'S credit card and that SUBSCRIBER'S credit card will be billed for the total charges incurred and SUBSCRIBER agrees to charges. Charges for 6~Months and 1 Year Subscriptions are a one-time charge. Monthly Subscriptions are charged a recurring monthly charge.
2A. FEES AND PAYMENT For MONTHLY SUBSCRIPTIONS:
When SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT, SUBSCRIBER acknowledges understanding and acceptance of the following: SUBSCRIBER agrees to make monthly payments in full upon acknowledgment of this Agreement which shall be deemed in full force and effect when SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT. Payment in full will be based on the rate schedule in effect at the time SERVICE is used. Any applicable sales or use taxes will be payable by SUBSCRIBER, and will be included in each monthly statement. SUBSCRIBER'S use of the SERVICE will be subject to credit limits established for SUBSCRIBER'S credit card by the issuer of such card or, where direct billing is requested, by limits established by Company. Notwithstanding any provision herein to the contrary, the interest charged under the terms of this Agreement shall never exceed the maximum rate permitted by applicable law. When SUBSCRIBER clicks on 'AGREE' at the end of this AGREEMENT, SUBSCRIBER also acknowledges understanding that SUBSCRIBER will be billed every month (for monthly subscriptions) until SUBSCRIBER terminates subscription to SERVICE. SUBSCRIBER may terminate a MONTHLY subscription to SERVICE by emailing firstname.lastname@example.org or by calling 1-866-263-7287 before the NEXT CHARGE DATE (date you originally signed up on - for example, if you sign up on April 25, your next recurrent charge will be May 25th.). Paypal subscribers must cancel through Paypal.
3. TERMINATION / CANCELLATION/SUSPENSION OF SERVICE
This Agreement and the license rights granted hereunder shall remain in effect during the entire term of the AGREEMENT. A SUBSCRIBER may choose to cancel during the term of the AGREEMENT. Regardless of the reason for cancellation or termination, all charges paid by SUBSCRIBER are non-refundable including any current or upfront payments, regardless of the reason for cancellation. VELOCITY LLC reserves the right to immediately terminate SERVICE upon failure of SUBSCRIBER to make payment when due or if SUBSCRIBER violates any of the terms and conditions of this Agreement. This Agreement is not assignable by SUBSCRIBER. There shall be no amendment of modification of this Agreement unless the same is in writing and signed by the Product Manager of the SERVICE. VELOCITY will SUSPEND service for up to one month during a 6-Month subscription and up to two months during a 1 Year Subscription. To suspend service (to go on hiatus due to getting a job) during a 6-month or yearly subscription, call or email VELOCITY LLC to request a suspension of service and provide suspension start date. SUBSCRIBER agrees that suspension of service is temporary upon approval by VELOCITY LLC and is limited to the terms as described above.
3A. TERMINATION/CANCELLATION OF SERVICE For MONTHLY SUBSCRIPTIONS:
When SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT, SUBSCRIBER acknowledges understanding that SUBSCRIBER'S credit card will be billed every month until SUBSCRIBER terminates subscription to SERVICE. SUBSCRIBER may terminate subscription to SERVICE by emailing email@example.com, or by calling 1-866-263-7287.
4. UNAUTHORIZED USE
SUBSCRIBER also agrees that any unauthorized use of the SERVICE (and any data derived there from) may result in immediate termination of the Agreement, without refund of any past or pre-paid fees. In the event of
such termination, SUBSCRIBER will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which VELOCITY LLC may be entitled.
5. DELAYS IN SERVICE
Neither VELOCITY LLC, nor their respective officers, directors, employees, affiliates or agents shall be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet failure, intranet failure, extranet failure, hardware or software defects, storms, strikes, walkouts, fire or other casualty damage, or other causes over which they have no direct control, or any loss resulting from the contents of the REPORT, or any errors in the transmission thereof.
VELOCITY LLC will have no responsibility to provide SERVICE to SUBSCRIBER during interruptions of SERVICE. SUBSCRIBER also agrees that VELOCITY LLC shall not be liable for any break or loss in service due the subscriber's email kicking back due to SPAM blocking or a FULL MAILBOX. SUBSCRIBER acknowledges that delivery of service may vary each week between Sunday 10AM and Tuesday Noon. SUBSCRIBER agrees that it is the Subscriber's responsibility to notify VELOCITY LLC if subscriber does not receive the report and further, that SUBSCRIBER agrees to contact VELOCITY LLC after Tuesday Noon but not later than Friday of each week if SUBSCRIBER has not received that week's report. SUBSCRIBER agrees that failure to notify VELOCITY LLC in such a matter, that SUBSCRIBER may forfeit service for that week and that VELOCITY LLC will not owe any reports to SUBSCRIBER nor REFUND any payments or EXTEND SUBSCRIBER to cover non-service that week.
6. DISCLAIMER OF WARRANTY
(a) SUBSCRIBER acknowledges that all information and services provided in connection with the SERVICE are compiled from and distributed by sources which are often beyond the control of VELOCITY LLC, and it is understood and agreed that VELOCITY LLC cannot guarantee the accuracy of information contained in the REPORT or in updated project listings nor does VELOCITY LLC make any warranty, expressed or implied, with respect to the information provided to SUBSCRIBER by VELOCITY or its SERVICE. SUBSCRIBER, under this Agreement, assumes the risk of errors and/or omissions in the information provided, and in its transmission or translation. Subscribers are can report wrong information to VELOCITY and VELOCITY may update listing if and when additional information concerning a project listing is available, but makes no guarantee of listing’s update.
SUBSCRIBER acknowledges that VELOCITY LLC reserves the right not to provide service during HOLIDAYS and acknowledges and agrees that subscription charges will not vary during such holiday periods and that VELOCITY LLC will not refund payments or extend SUBSCRIBER’S subscription term for non-service due to holidays. Holiday Periods:
Week of Memorial Day (last Monday in May)
Week of United States of America's Independence Day (July 4.)
Week of Labor Day (first Monday in September)
Week of Thanksgiving Day (fourth Thursday in November)
Weeks of Christmas-New Year Holiday Hiatus (third week of December through the third week
of January, unless otherwise notified)
SUBSCRIBER ACKNOWLEDGES THAT NO WARRANTIES, AGREEMENTS, OR REPRESENTATIONS TO THE CONTRARY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, HAVE BEEN MADE AND NO WARRANTIES EXIST EXCEPT AS SET FORTH IN THIS AGREEMENT. SUBSCRIBER AGREES THAT VELOCITY LLC and it's affiliate's, including, but not limited to, VELOCITY LLC, partners and advertisers SHALL NOT IN ANY EVENT BE LIABLE FOR BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, COMPENSATORY OR SPECIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE the SERVICE or any information therein contained or omitted in The Mercury Production Report.
(a) VELOCITY LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SERVICES AND/OR PROGRAMS PROVIDED BY VELOCITY LLC TO SUBSCRIBER WILL BE ERROR FREE, OR WILL MEET SUBSCRIBER'S REQUIREMENTS OR ARE SUITABLE FOR SUBSCRIBER'S NEEDS.
(b) WHILE EVERY REASONABLE EFFORT HAS BEEN MADE TO OBTAIN ACCURATE AND UP-TO-DATE INFORMATION, VELOCITY LLC ASSUMES NO LIABILITY FOR INACCURACIES. VELOCITY LLC RESERVES THE RIGHT TO EDIT ANY OF The Mercury Production Report CONTENT and/or its SERVICES BASED ON VELOCITY’s JUDGMENT.
(c) SUBSCRIBER AGREES THAT VELOCITY LLC IS NOT LIABLE FOR ANY VIRUS(ES) OR PROGRAM(S) OR OTHER HARMFUL COMPUTER CODE PASSED ON TO SUBSCRIBER. SUBSCRIBER HEREBY ASSUMES ALL RESPONSIBILITY FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAMS OR OTHER HARMFUL COMPUTER CODE. These provisions shall survive termination of this agreement.
9. RIGHT TO AMEND, UPDATE AND CHANGE AGREEMENT TERMS
Velocity reserves the right to amend, update and change agreement terms at any time without notice as long as such changes do not alter the subscribers benefit to the service. Any other changes shall be made with a 30 day notice.
10. ENTIRE AGREEMENT
The parties acknowledge by completing the enrollment process, that this Agreement is complete at the time executed, that this Agreement constitutes the entire agreement between the parties, that no other agreement, written or oral, exists between them, and SUBSCRIBER acknowledges by printing this agreement that he has received an exact copy of the original of this document. SUBSCRIBER acknowledges and agrees that this Agreement is of no force or effect unless and until accepted by the Company.
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