May 19, 2023 5:18 PM
This website, and the other websites under the n3tworth domain, is operated by n3tworth Business Solutions, LLC. Throughout the site, the terms "we", "us", and "our" refer to n3tworth. The terms "you", and "client" refer to you, the user. We offer this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms and Conditions documentation carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services, download any content, or engage with the website in any manner. If this Terms and Conditions are considered an offer, acceptance is expressly limited to this Terms and Conditions.
Any new products, features, or tools which are added to the current pricing structure shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.00 PURCHASE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Our website uses Stripe and PayPal to collect payments and manage members.
Some online payment processors charge 2.9% of the product total plus $0.30 USD transaction fee. This will be of the responsibility of the buyer. Other extended payment options include installments, loans. credit lines, etc. and these fees may vary. You are responsible for any processing fees incurred.
We DO NOT accept checks, cash, cashier's checks, and money orders, as well as any crypto currencies.
We charge 8.25% for federal withholding. This may be included in the overall price or added at checkout.
Full payment, up front, is the only payment method, unless otherwise agreed upon (installments, PayPal Credit, etc.) Automatic billing is required for recurring services and installment arrangements. Other payment schedules include a discounted One-time annual fee.
If you are on a recurring plan (installments, hosting, memberships, etc.), funds are due on a prepaid basis. In the event that funds are drawn AFTER the payment was originally due, n3tworth, at our sole discretion, reserves the right to move the payment date to coincide with the original due date, especially for frequently delinquent accounts. The reason for this stipulation is this: n3tworth is charged for these services while your payment awaits to balance the offset. It's always best to pay your dues on time to avoid this and costly late fees (See below for details).
MISSED PAYMENTS/LATE FEES
Please be advised that any Services will go unpublished, or otherwise suspended/canceled/confiscated, upon delinquent payment so pay no later than 3 days after due date to avoid this and a 4% daily late fee thereafter. This late fee may be invoiced separately or included within your recurring charges until paid off. The payment will retry up to 3 times within 30 days of the initial defaulted payment, and then cancel on the 3rd try if funds are not recovered. You will need to re-subscribe to continue receiving service. If the Service goes unpublished, or otherwise suspended/canceled/confiscated, n3tworth reserves the right to charge a restoration/renewal fee, increase your monthly dues, require a 60% pre-paid amount to be made 2 weeks prior to monthly renewal (See Prepaid Accounts), or a conglomeration of these, to our discretion.
If you elect to freeze your account, therefore retaining all of your data, leads, and unfinished worked, you can do so BEFORE a cancelation is issued, and at 15 USD per month. Freezing your account does not freeze any outstanding and accruing late fees so please freeze the account PRIOR to the renewal due date in order to avoid late fees.
If your account is canceled for delinquent payment, your payment structure, at our sole discretion, may be subject to prepaid terms ONLY. Under these terms, you are required to pay 60% of any recurring dues 2 weeks prior to renewal date. The remaining dues will be due 1 week before renewal day. This time is to ensure that dues are paid on time before any work commences and goes unpaid for. Your account is still subject to any late fees and termination fees as outlined in the Purchase Terms. Should you not meet these prepaid installment deadlines, your account will be canceled and you are responsible for any time and work lost. Reward Points: Due to certain limitations, reward points are not accrued on prepaid installment accounts.
If you have an outstanding balance from any product or service we offer, your account will be placed on hold and no other ongoing support work will commence until all past due charges are remedied. You are free to order new services, to our discretion, so as long as the new duties don't overlap with duties that are still awaiting payment. n3tworth will continue to pursue any outstanding balance by drawing from your account in accordance to with these Purchase terms.
Due to the nature at which we do business, fee-for-service up front, coupled with our commitment to excellence, disputing charges for services already rendered are unlikely. If a problem arises, resolve it with us before going through a dispute process with your financial institution and/or payment processor. A dispute fee of $15 will be assessed for EACH transaction that is disputed on Stripe. No transaction fees will be assessed if you used Paypal at checkout. For both PayPal and Stripe, an additional 50% of the cost of services disputed will be billed to you until the dispute is resolved. All fees associated with disputes are non-refundable. You are still responsible for the full balance owed. This is why you must try and resolve any financial misunderstandings with us FIRST. If a dispute is inevitable, due to extenuating circumstances, you can avoid these fees by covering the cost of services again and we will reimburse you after the dispute is resolved in our favor.
Plans that are currently on an old payment structure may be terminated, altered, and/or updated at any given point, at will, for no reason, and at the sole discretion of n3tworth.
COUPONS & DISCOUNTS
If you purchase any ongoing service under a coupon or discount that takes a percentage off the first few payments, and you cancel before the project is complete, the original cost of services (or the current market services, whichever's greater) will be charged to your card on file or otherwise, invoiced.
1.10 TERMS OF INSTALLMENT AGREEMENT
For certain large payments, our payment processors require the payment to be broken into installments. If you prefer to pay in full, contact email@example.com to initiate a bank transfer.
If you need an installment plan for financial reasons, please contact us to make arrangements. You will be sent a personalized proposal detailing the additional terms regarding your long-term agreement to pay.
MISSED PAYMENTS/LATE FEES
Also see Section 1.00
For clients paying on an installment, your installment fees are due on time, no exceptions or grace periods. You are not eligible to make additional payment arrangements or extend your due date. In the event of a late/missed payment, you will be assessed a one-time $75 fee per missed installment payment the day after the payment is missed, on top of the daily late fee thereafter.
2.00 TERMS OF GRAPHIC DESIGN
The n3tworth business model was created for enterprises, business owners, entrepreneurs and agencies that require project fulfillment. While the work performed under this agreement is white-label licensed to you (see Section 4.00), the following stipulations apply:
Any and all design materials (graphics, videos, websites/landing pages, ideas, mockups, written works, etc.) performed under the services of n3tworth are still the intellectual property of n3tworth and you are not authorized to sell, rent, or share, for free, compensation, or otherwise, any of these materials unless you procure a Reseller License (see Section 4.00).
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of n3tworth. The final artwork/digital files will become the licensed property of the client ONLY upon payment of the project. If there are issues with payment, we reserve the right to reuse or amend any of these ideas for other clients or to be used freely as concepts in our portfolio.
n3tworth reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This can be during the project and also upon completion.
Should the client attempt to use/modify/alter/replicate or steal any of our ideas without making agreed payment, we will take immediate legal counsel.
Graphics you obtain for free, as a part of ongoing service, or purchase in our Resources marketplace can be used in any project, for yourself, or your end-user. Purchased products can be used both digitally (on a website, in social media advertisements, in apps, etc.) as well as in printed format (flyers, merchandise, billboards, etc.). There are no limits on the amount of times you can use a graphic purchased from n3tworth. Purchased graphics must always be used as a non-editable, flat image (JPG, PNG, GIF, etc.) to remain in .
Purchased or free products MAY NOT be sold as is or modified and resold by anyone other than n3tworth.com. You MAY use your purchased product in projects for your client and charge for the modification or profit from a project that uses your purchased product, so as long as the purchased product is not used as the majority of the finished artwork. For example: You MAY use our graphics in a book and sell the book. You MAY NOT recolor the graphic, or tweak the graphic and resell it as your own. To do so, you must obtain a Reseller License (see Section 4.00).
Some purchases may include a PSD file (or any other open, editable format that includes layers). These files MAY NOT be distributed in any manner, whether for profit or not. You MAY NOT host them on your site as a layered file, send them to anyone via email as a layered file, sell them on stock or micro-stock sites, etc. This applies to modified and unmodified files.
Concerning showcasing your project in portfolios and galleries, if you are under a secrecy, stealth or non-exposure contract, please let us know and we will not pre-publish these works until we are cleared to do so.
n3tworth acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by n3tworth on behalf of you, the client, or disclosed by you, the client, to n3tworth.
Unless you have a Reseller License, you are not permitted to use our artwork for merchandising.
CHANGES AND REVISIONS
All ongoing plans come with unlimited changes and revisions. Keep in mind, this may extend the time it takes to complete a project, thus you may end up paying more over time, depending on the breadth of the work and the amount of revisions needed.
For one-time, flat fee, or hourly projects, we are permitted to charge an additional fee for increased project scope. Because we cannot foresee the entire scope of every project, even estimated costs and total costs are not set in stone. We have already allotted for unexpected changes in the total cost, as we try our best to adhere to your budget. Generally, if project scope does not change, the price does not change. Changed project scope can include adding more work to the project, making extensive revisions, changing directions, underlying work needing to be completed in order to pass certain milestones, etc.
If you choose to cancel the project midway through the project, where ideas and proposals have been submitted, refund of any previous payments is not possible. However, depending on the work completed and our sole discretion, a portion of the funds ‘may’ be returned (up to but not exceeding 30% of the original payment).
If your designer falls ill or is unable to complete the project due to unforeseen circumstances, another designer will be assigned to the project. In the event that no designer can pick up the project, a full refund will be issued.
We reserve the right to suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique ideas/concepts and/or shows reluctance in paying any amount owed.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension or termination will not result in any refunds.
Although we check, double check, and triple check our work, we cannot be held liable for damages (legally or otherwise) that result from errors. We will do our best to steer clear of errors and provide support and rehabilitation.
2.10 TERMS OF LOGO DESIGN
TRADEMARK and COPYRIGHT
We are not responsible or liable for the often costly and length process of trademarking and copyrighting your product or brand, but we may instruct you how to do so, at our discretion.
We will conduct basic searches on designs created for you and ensure, where possible, that there are no obvious similar designs used by other companies.
You take full responsibility for ensuring that the company/product/name/user provided content is legally free to use before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible neither are we responsible for any problems thus arising.
3.00 TERMS OF WEB DESIGN, APP DESIGN, AND SEO
See Section 2.10, NAMING
We write content as unique as your business! Be advised, however, that words, writing styles, and topics can be found to be of similar substance but we will never plagiarize!
We test our work across different devices and browsers to ensure proper functionality from varying device and browser types. We conduct mobile browser testing to ensure the capabilities of the site for widely used phone systems.
THIRD PARTY FEES
All ongoing plans cover hosting, CMS, and software/program charges, up to 10% of the plan cost, for the sustained duration thereafter. For instance, a membership plan for $2,000/mo. will set aside $200/mo. to pay to any third party expenses. If you cancel your services to n3tworth, you are required to take on any third party fees yourself or downgrade to shared hosting (at a sizeable discount). If you choose to host your own third party programs and hosting, you will need to do so at the onset of service and you will forfeit the fee allotment.
All ongoing plans have a weekly allotment of time spent on tasks. Any unused hours will be lost week to week but we will honor rollover, up to 1 full week of hours, each quarter. If you purchase additional hours in any given week, these hours carry over indefinitely until they are consumed.
Regardless of how many additional hours you purchase, 1 full team team cannot work more than 60 hours a week (or 20 hours per service category). You will need to purchase an additional team if you want projects completed faster.
CHANGES AND REVISIONS
Also see Section 2.0, CHANGES AND REVISIONS
Also see Section 2.0, CANCELLATION;
You must notify us at least 30 days before canceling recurring automatic payments for our retainer services so that we can prepare for the completion of projects, pay any final overhead expenses, and terminate billing. You are required to pay your final month of cancellation. For instance, your recurring payment was made on January 1st. You put in a cancellation on January 1st. Your last payment is on February 1st. We end working on January 31st. If project estimates exceed 30 days, or if we are not notified within 30 days, one (1) more payment will be processed, and projects will be completed, before a final cancellation.
You can, instead, pause services for a lower monthly fee. Contact your project manager for details.
PAYMENT FOR NON-CANCELABLE MATERIALS
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, software, scripting, photography and/or any other external services) shall be paid for by you, in accordance with the provisions of these Terms. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon your request, that any such materials and services, are non-cancelable.
See Section 2.0, PROJECT SUSPENSION
Also see Section 2.0, ERRORS
RESPONSIBILITIES for RELEASES and ACCURACY
We will keep on file any and all information pertinent to your website or app, including: licenses, permits, authorizations, copyrighted materials, and any other property or rights belonging to a third party obtained by us for use in your website. Any licenses purchased for your web or app design remains licensed by n3tworth, unless a written agreement is signed to transfer license to you (see Ownership, Rights and Exclusivity in this section).
You guarantee that any and all designs, photographs, art and/or written works submitted to us by you and/or your authorized team is free and permissible to use. We do not provide copyright protection or releases to materials we do not procure. You are held responsible for providing accurate, complete and proper information concerning your services, business model and products, which may be submitted verbally or furnished by hard-copy.
Your files will be hosted in a cloud-based server and should not be downloaded to your computer or device or shared with anyone outside of your organization, unless you have express written permission. We use Google Drive File Stream to manage your sensitive data.
OWNERSHIP, RIGHTS and EXCLUSIVITY
All materials used in a web/app project will be released to you in multiple file types at completion of the project. You agree to pay for all costs associated with transfer of materials (for example, we do not cover the cost of applying for legal trademarks and copyrights).
You may own copyrights to certain individual content used, unless someone else owns them (i.e. as in licensed artwork), at which point, you will not own copyright until you directly purchase a license, solely for use by you.
n3tworth reserves the right to show any outlines, ideas, thoughts, and/or final works created for this project in a portfolio as examples of client work.
n3tworth also reserve the right to use any releasable elements, whole or in part, in other client projects. This can be during the project and also after completion. If, for any reason, you want all applicable components and/or final design of this project to be kept exclusive to you, you will need to procure a White Labeling Commercial License.
See Section 2.0, CONFIDENTIALITY
4.00 WHITE LABELING, RESELLING, & ATTRIBUTION
All digital assets and intellectual property created under the monthly packaged services come with a Standard White Labeling License. Additional licenses are required for commercial use.
- Standard White Labeling License: Under this licensure type, you are permitted to use all procured intellectual assets as your own for use in your business, in a single-use case. You are not required to attribute n3tworth, although doing so is greatly appreciated and can boost your earning potential if you have joined our affiliate program. For instance, if n3tworth produces a branding kit for you, you are permitted to leave off any mention of n3tworth. You are not permitted to resell the branding package as your own.
- White Labeling Commercial License: Under this licensure type, you are permitted to use all procured intellectual assets as your own for use in your business, and to distribute and redistribute works, created under the monthly packaged services, as your own, commercially. For instance, if n3tworth produces Canva templates and print-on-demand apparel for you, you are permitted to leave off any mention of n3tworth and you are permitted to sell the products as your own, as many times as you'd like. There is a fee for this license (See below).
- Reseller License: Resellers are business owners, agencies, and entrepreneurs whose primary goal is to sell the products of n3tworth services as their own. The Reseller License can be added to a White Labeling Commercial License at no additional cost. Note: You can hold a White Labeling Commercial License without a Reseller License but you can't Resell our services without a White Label Commercial License.
FEE FOR WHITE LABELING
The white labeling fee is an augmented fee from the base price to cover redistribution. Each invoice, where white labeling is requested, will incur a white labeling fee. This means that retainer clients will incur a white labeling fee every month. A la carte clients will incur a fee for every one-time invoice (not every item).
5.00 TERMS OF EMPLOYMENT
As per applicable law, all affiliates and commissioned persons are considered SUBCONTRACTORS of n3tworth and will receive a 1099-MISC. All salaried or office persons are considered EMPLOYEES of n3tworth and will receive a W-2. Subcontractors and Employees are hereto referred as "Staff."
Subcontractors are hired on a conditional basis and are not considered permanent employees.
n3tworth, in its sole discretion. sets forth the duties of, and bears all applicable costs for, permanent employees. Subcontractors provide their own equipment and command their own methodology, in accordance to, and in respect of, the n3tworth brand.
n3tworth may, from time to time, and at their sole discretion, disclose to Staff certain Confidential Information for the sole purpose of conducting business. Staff agrees to hold such Confidential Information in strict confidence and such Confidential Information shall not be disclosed to any other person other than in connection with n3tworth’s work for the end user.
Confidential Information includes, but is not limited to, trade secrets as defined by the common law and statute in Texas or any future Texas statute, patent applications, processes, policies, procedures, techniques including marketing techniques, designs, drawings, know-how, show-how, technical information, business models or plans, branding strategies, vendors, specifications, market research, customer information, customer lists, customer contact information, keywords, ad creative and account structuring.
For the purposes of this Agreement, the following will not constitute Confidential Information (i)Information which is or subsequently becomes generally available to the public through no act of n3tworth or CLIENT and/or (ii) information which is lawfully obtained by operation of law or by the order of a court of competent jurisdiction.
All domains, web pages, designs, accounts, campaigns, keywords, and ad creative conceived or made by Staff in the performance of the services pursuant to this Agreement on behalf of n3tworth shall be the sole and exclusive property of n3tworth.
INDEPENDENT SUBCONTRACTOR STATUS
Subcontractor acknowledges that it is an independent subcontractor of n3tworth and is not an Employee. Thus, all legalities, licensure, insurance, taxation, liabilities, etc. are the responsibility of Subcontractor.
5.10 EMPLOYMENT APPLICATION
n3tworth provides equal employment opportunities to all employees and applicants for employment and prohibits discrimination and harassment of any type without regard to race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state or local laws.
This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.
5.20 STAFF PAY STRUCTURE
All staff persons are paid in accordance with local, state and federal law. n3tworth staff consist of full-time, part time, intern, agency-paid temps, company-paid temps, independent contractors, subcontractors, vendors and volunteers (who are not paid).
Specific considerations for certain staff persons are listed here:
- All contract employees are paid 40% of sale price where 100% of the work is completed by the subcontractor; if other subcontractors are needed, that 40% is split evenly between each subcontractor.
- W-2 employees receive a variable rate per hour or salaried rate determined at current wage value.
- Brand Ambassadors and Affiliates - paid 1-10% commission on all direct sales. This includes any one-time or recurring sale. Any non-direct sales (sales not directly orchestrated by persons) are considered residual and are paid at 1-2% commission. n3tworth has the sole right to determine whether a referral is direct or non-direct. See Affiliate Terms and Conditions here for full details.
- Commissionable employees can hold more than one position or client to increase earning potential.
- Commissionable employees can also be an affiliate for increase earning potential.
6.00 GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
To use the Service, you will need to register and create an account. Non-encrypted information collected to use the Service include your full name, IP address, city, state, zip code, country, phone number, physical address, and email address. Encrypted information collected to use the Service may also include your password and credit/debit card information, whenever we accept payments from you.
You understand that your content (not including encrypted information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
7.00 MUTUAL COOPERATION
Because final products represent both artist and client, we sincerely request that you trust us to do the job you are paying us to do and that you will take on board suggestions and ideas to be in your best interests. We, in turn, will always have your best interests at heart and trust that you will not micromanage the process, but instead, have a harmonious relationship with the artist. Our ultimate goal is to bring your brand to life with all the fancifulness you desire coupled with our expertise in the industry.
8.00 ACCURACY, ERRORS, OMISSIONS, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, or offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
9.00 MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
9.10 LIMITATIONS TO PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
10.00 ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
It is your sole responsibility to ensure that no unauthorized person shall have access to your password or account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, symbols, and numbers) to protect your account. We are not liable for any damages related to the theft of or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account.
11.00 THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12.00 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13.00 PERSONAL INFORMATION
You may access, control, and update your personal information by changing your settings in your account profile. By providing us with your email address, you consent to the use of that email address to issue Service-related notices to you, including any notices required by law. We may also use your email address to send you other messages, such as updates to the Service. You may not opt out of these messages unless you cancel your account.
14.00 PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15.00 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you, unless otherwise stated in these Terms.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall n3tworth, our directors, officers, employees, affiliates, agents, contractors, interns, ambassadors, representatives, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless n3tworth and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If you are in possession of any Services (i.e. Services were rendered), you are required to pay any remaining balance in full, as a one-time payment at date and time of termination.
Either party to these Terms may terminate the Use of Services if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default. Any legal or other fees obtained in procuring the defaulted payment(s) are the responsibility of you, the client.
In addition, either party may immediately terminate the Use of Services by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of you, the client, if the client materially breaches its obligations to make payment pursuant to these Terms.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
18.00 ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19.00 GOVERNING LAW AND INTERNATIONAL USES
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas.
The Service is operated and controlled from its facilities in the United States. Although the Service may be accessible worldwide, we make no representation that the Service or the materials on the Service are appropriate or available for use in locations outside the United States and thus accessing the Service from territories where its use is illegal is prohibited. Those who access or use the Service from other jurisdictions do so at their own will and are entirely responsible for compliance with all applicable United States and local laws and regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
20.00 CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
21.00 CONTACT INFORMATION
n3tworth Business Solutions, LLC
134 Vintage Park Blvd
Houston, TX 77070