These Terms of Service Agreement are a contract between you and Common Cents Consulting, LLC (“3C”).
3C operates www.thecommoncents.com (“TCC Site”) and the consulting, business coaching and training services therein (collectively the “Service”). By using TCC Site and any services accessible from TCC Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
3C reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.thecommoncents.com/legal/terms-service
You agree to use the TCC Site and the Service at your own risk. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the TCC Site or the Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
- You are responsible for maintaining the security of your account and password. 3c cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
- A valid credit card is required for paying accounts.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. 3C does not accept any liability for such loss.
CANCELLATION AND TERMINATION
- You are solely responsible for properly canceling your account. Cancellations must be done verbally through a 3C representative. Email requests to cancel do not constitute acceptance of any cancellation. Only verbal requests made with a 3C representative will create a cancellation request. Customers are encouraged to keep records of all cancellation communication.
- Cancellations will take effect on the last day of the billing period in which the cancellation request was received.
- 3C, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other 3C service, for any reason at any time, including but not limited to nonpayment. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
- 3C reserves the right to refuse service to anyone for any reason at any time.
MODIFICATION OF THE TCC SITE, THE SERVICES AND PRICES
- 3C reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the TCC Site (www.thecommoncents.com) or the Service itself.
- 3C shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT AND CONTENT OWNERSHIP
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- 3C does not pre-screen Content, but 3C and its designee(s) have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
DISCLAIMER OF WARRANTY
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- 3C does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- The failure of 3C to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
LIMITS ON LIABILITY
- You expressly understand and agree that 3C shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 3C has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- Additionally, the total aggregate liability of 3C to Client shall not exceed the total amounts paid by Client to 3C under this Agreement.
DISPUTE RESOLUTION & APPLICABLE LAW
- Any unresolved controversies or claims arising shall be determined by binding arbitration under the commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be THE STATE OF MARYLAND. Any court having jurisdiction over the matter may enter a judgment upon the award of the arbitrator. The prevailing party in any action or proceeding hereunder shall be entitled to reasonable attorney fees, American Arbitration Association fees and costs.
- These Terms of Service shall be governed as to validity, interpretation, construction, effect and in all other respects by the laws and decisions of the State of Maryland. In the event of commencement of any legal action regarding any term or condition of this engagement such action by agreement is to be subject to the jurisdiction of the courts of the State of Maryland or its political subdivisions. If any provision of this letter is determined to be unenforceable, all other provisions shall remain in force.
- You understand that 3C uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, 3C, or any other 3C service.
- 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 without the express written permission by 3C.
- We may, but have no obligation to, remove Content and Accounts containing 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.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any 3C customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, 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 must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
Questions about the Terms of Service should be sent to support[at]thecommoncents[dot]com.