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TERMS OF SERVICE
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OVERVIEW
This website is operated by Earn It All. Throughout the site, the terms “we”, “us” and “our” refer to Earn It All. Earn It All offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
HEALTH DISCLAIMER
This site offers information designed for educational purposes only. You should not rely on any information on this site as a substitute for professional medical advice, diagnosis, treatment, or as a substitute for, professional counseling care, advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, 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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card 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. Credit card information is always encrypted during transfer over networks.
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.
SECTION 3 - ACCURACY, 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.
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.
SECTION 4 - 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.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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 at our store. 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.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - 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.
SECTION 9 - 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.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
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, offers, product shipping charges, transit times and availability. 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).
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.
SECTION 12 - 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.
SECTION 13 - 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.
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 Earn It All, our directors, officers, employees, affiliates, agents, contractors, interns, 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Earn It All 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.
SECTION 15 - SEVERABILITY
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.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
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).
SECTION 17 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS) TERMS AND CONDITIONS
(a). When you opt-in to the service, we will send you an SMS message to confirm your signup. (b). Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. (d). If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. (e). We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** (f). As always, message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@LionsNotSheep.com.
If you have any questions regarding privacy, please read our privacy policy: https://earnyourbooze.com/policies/privacy-policy
SECTION 18 - 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.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Arizona.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.
SECTION 21 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS) TERMS AND CONDITIONS
(a). When you opt-in to the service, we will send you an SMS message to confirm your signup. (b). Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been
unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. (d). If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. (e). We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** (f). As always, message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to info@lionsnotsheep.com}.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Earn It All (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@earnitall.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Phoenix, Arizona before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Earn It All’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
If you have any questions regarding privacy, please read our privacy policy: https://earnyourbooze.com/policies/privacy-policy
SECTION 22 - ADA COMPLIANCE
Earn It All is endeavoring to design a website environment that is accessible to all visitors, including visitors with disabilities, but it is possible that some features of the website may not yet be fully accessible. In the event you have difficulty accessing any element of the website, please email info@earnitall.com.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@earnitall.com.
TERMS & CONDITIONS FOR SUBSCRIPTION PRODUCTS
TERMS AND CONDITIONS – SUBSCRIPTIONS
1.1. The definitions and rules of interpretation in this clause apply in this agreement.
Affiliate: in relation to a company, that company, any subsidiary or holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company.
Applicable Data Protection Laws: to the extent any Data Protection Law applies, the law of the United States which relates to the protection of personal data or the law of Arizona, which relates to the protection of personal data shall control actions taken on the www.earnitall.com site.
Authorized Users: those employees, agents and independent contractors of the Client who are Authorized by the Client to use the Services in accordance with the terms of this agreement.
Business Day: a day other than a Saturday, Sunday or public holiday in the United States when banks are open for business.
Brand: the brand under which the Services are provided to the Client, as is indicated at the top of the Order Form.
Confidential Information: any information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 12.
Client Data: any data inputted onto the Software by the Client, Authorized Users, or The Company on the Client’s behalf for the purpose of using the Services or facilitating the Client’s use of the Services.
Client Personal Data: has the meaning given to it in clause 5.1.
Data: any data, content or information which is provided to the Client through a Data Product.
Data Product: a service which is expressly marked on the Order Form as a Data Product.
Derived Data: analytics, models, and/or statistics created by the Client and/or its Authorized Users as the result of the any aggregation, analysis, manipulation or interpretation of the Data carried out by an Authorized User.
Effective Date: the date of this agreement.
Initial Term: the period between Start Date and End Date as is set out on the Order Form.
Merger Fee: revised Subscription Fees for the Services based on the increased benefit the Client may receive from the Services due to the enlarged size and nature of the Client’s business following a Transfer.
Order Form: the signed order form to which these Terms and Conditions are attached which describes the Services which will be provided by The Company.
Renewal Period: any additional one year period that the agreement is renewed for at the end of the Initial Term or any subsequent Renewal Period in accordance with clause 14.1.
Services: the subscription services provided by The Company to the Client under this agreement as is set out on the Order Form.
Software: any online software applications provided by The Company as part of the Services.
Subscription Fees: the subscription fees payable by the Client to The Company for the User Subscriptions, as is set out on the Order Form.
Term: the term of this agreement, being the Initial Term and plus any Renewal Periods.
Transfer: where the Client or an Affiliate of the Client merges with or acquires any interest, shares or otherwise obtains control of a third party or if any third party merges with or acquires such an interest in or control over the Client or an Affiliate of the Client.
User Subscriptions: the user subscriptions purchased by the Client in accordance with the Order Form which permit Authorized Users to access and use the Services in accordance with the terms of this agreement.
1.2. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.
1.3. A reference to a company shall include any company, corporation, limited liability partnership or other body corporate, wherever and however incorporated or established.
1.4. A reference to writing or written includes e-mail.
1.5. The Company shall refer to Earn It All, DBA and any subsidiaries.
2.1. Subject to the Client paying the Subscription Fees in accordance with clause 10.1 and the Client’s strict compliance with the terms and conditions of this agreement, The Company hereby grants to the Client a non-exclusive, non-transferable, limited right to permit the Authorized Users to use the Services during the Term in accordance with the terms of this agreement.
2.2. The Client shall ensure that: a. the maximum number of Authorized Users that it authorizes to access and use the Services shall not exceed the number of User Subscriptions it has purchased from time to time; b. it will not allow or suffer any User Subscription to be used by more than one individual Authorized User unless it has been reassigned in its entirety to another individual Authorized User, in which case the Client shall ensure that the previous Authorized User shall cease all use of the Services; c. it shall maintain a written, up to date list of current Authorized Users and provide such list to The Company within five (5) Business Days of The Company’s written request.
2.3. Except as may be required by any applicable law or permitted by any other clause of this agreement, the Client shall not and shall ensure that the Authorized Users shall not: a. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any item from the Services in any form or media or by any means, except that the Client may quote or cite up to 5% of the total word count of each Article in reports or presentations which are distributed or shared internally at the Client or to customers or clients of the Client who are either accredited investors or fund management professionals, provided that The Company and the relevant Brand are acknowledged as the copyright owner of the Article from which such quote or citation is derived; b. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the items included in this Subscription; c. access all or any part of the Services in order to build a product or service which competes with, is similar to or analogous to with the Services; d. sell, resell, license, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit or otherwise provide, grant access or make the Services available to any third party; e. download and store any Articles on a company/cloud network which can be accessed by anyone who is not an Authorized User; or f. use or create any software or programs to automatically download, access, scrape, ‘harvest’, parse or otherwise process Articles or Data.
2.4. The Client shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and in the event that the Client discovers any such unauthorized access or use the Client shall notify The Company immediately.
2.5. Any breach by the Client of this clause 2 shall be deemed to be a material breach of this agreement.
3.1. The Company shall, during the Term, provide the Services to the Client on and subject to the terms of this agreement.
3.2. The Company shall use commercially reasonable endeavors to make the Services available 24 hours a day, seven days a week, except for: a. any period of planned maintenance, the details of which will be notified to the Client in advance; and b. the duration of any unscheduled maintenance which is the result of an unexpected outage or error in the Services, in the event of which The Company shall complete such maintenance as soon as is reasonably practicable and possible to do so.
3.3 Items sent in the Services shall be mailed in the order the Fee for the Services is received according to standard Lions Not Sheep mailing policies.
4.1. Each of The Company and the Client shall take reasonable precautions in connection with the processing of personal data in the performance of each party’s obligations under this agreement.
4.2. Each party shall comply with their respective obligations under Applicable Data Protection Laws arising in connection with this agreement.
4.3. The Client consents to, (and shall procure all required consents, from the Authorized Users, its personnel, representatives and agents, in respect of) all actions taken by The Company in connection with the processing of personal data provided to The Company by or on behalf of the Client and/or the Authorized Users, provided that such processing is in compliance with the then-current version of The Company’s privacy policy. Without prejudice to clause 4.2, in the event of any inconsistency or conflict between the terms of The Company’s privacy policy and this agreement, the privacy policy will take precedence.
4.4. If the Client is established in a location outside of the United States, the parties shall enter into the DPA for Partners in respect of the transfers of personal data by The Company to the Client within the relevant Third Country.
4.5. The Client shall indemnify The Company on demand from any cost, charge, damages, expense or loss (including all interest, penalties and legal costs and all other professional costs and expenses) which The Company suffers as a result of the Client’s breach of (i) this clause 5; or (ii) any Applicable Data Protection Laws.
5.1. This clause 5 shall apply to any Services which are indicated on the Order Form as being a Data Product.
5.2. Subscriptions to Data Products shall be delivered exclusively online.
5.3. Each Authorized User of a Data Product is permitted to access, print, reproduce, display, download or store the Data to the extent reasonably necessary, which may include aggregation, analysis and interpretation of the Data.
5.4. Any Derived Data may be used and disclosed in reports and presentations of the Client provided that: a. The Company and the relevant Brand are acknowledged as the source of the original data upon which the Derived Data is based, and such reports and presentations are only distributed or shared internally or to customers or clients of the Client who are either accredited investors or fund management professionals; b. the Derived Data is only disclosed for the purpose of supporting the analysis or findings of such reports or presentations and the Client shall only disclose the Derived Data to the minimum extent required to achieve that purpose; c. the disclosure or dissemination of the Derived Data is not in itself the primary purpose of such reports or presentations; and d. any disclosure of the Derived Data does not occur on a systematic basis or as part of an automated process.
5.5. Authorized Users may input the Data onto the Client’s internal or proprietary industry specific data processing applications provided that by doing so the Data does not become available in unmodified form or readily extractible by any persons other than Authorized Users.
5.6. Authorized Users shall not disclose, disseminate, distribute or make available to anyone who is not an Authorized User any unmodified Data or Data which has been modified but remains identifiable or readily extractible to any other person in any way other than except as is permitted by clause 6.4 above.
6.1. The Client acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties and that where the Client or an Authorized User does so, they do so solely at their own risk. The Company makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, with any such third party. The Company does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
7.1. The Company shall perform the Services with reasonable skill and care.
7.2. The Company owes no obligations to the Client to the extent that: (i) the Client’s use of the Services is in breach of any law, the terms this agreement or contrary to The Company’s instructions, or (ii) where the Client or any third party modifies or alters the Services or any Article in any way except as is expressly approved by The Company in writing.
7.3. If the Services are not delivered in conformance with clause 7.1 then The Company shall use its reasonable commercial endeavors to promptly correct any such non-conformance. Such correction constitutes the Client’s sole and exclusive remedy for any breach of clause 8.1. Notwithstanding the foregoing: a. All Services, Data and Articles are provided on an ‘as is’ basis. b. The Company does not warrant that the Client’s use of the Services will be uninterrupted or error-free nor that the Services and/or the information obtained by the Client through the Services will meet the Client’s requirements or expectations, whether or not such requirements or expectations were made known to The Company on or prior to the Effective Date; c. The Company is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks; and d. the Client acknowledges that all Articles are essentially journalistic in their nature and may, in part, be based upon the personal opinions of the writer.
7.4. The Company warrants that it has and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under this agreement.
7.5. The Company warrants that the average contents of the Earn It All Academy subscription will exceed the monthly subscription fee in combines MSRP and that contents of the membership are fair recompense for the Fee, though contents may vary from course to course and Subscriber to Subscriber.
7.6. The Company may, at its discretion, offer additional perks, vouchers, or rewards with Subscription Packages, up to vouchers redeemable for cash or large discounts. The occasional inclusion of these items is a promotion and thank you to the Customer’s of The Company and can be distributed at the discretion of Earn It All and will not cause the average subscription to fall in suggested retail value below the price paid.
7.7. in the event that any additional perks, vouchers, or rewards are advertised by The Company it is warranted that they shall be included at least as frequently as advertised in mailed subscriptions, though there are no guarantees that any specific subscription will receive more than the standard variations on Services items.
8.1. The Client shall: a. promptly provide The Company with: i. all necessary co-operation in relation to this agreement; ii. all necessary access to such information and systems of the Client as may be reasonably required by The Company for the purpose of delivering or providing the Services, including but not limited to Client Data, Client Personal Data and any security access information necessary for the purpose of configuring the Services; b. comply with all applicable laws and regulations with respect to its activities under this agreement; c. ensure that the Authorized Users use the Services in accordance with the terms of this agreement and shall be responsible for any Authorized User’s breach of this agreement and any act or omission of an Authorized User which relates to the Services; d. be solely responsible for procuring and maintaining such network connections and telecommunications links as may be necessary to access the Services; and
9.1. The Client shall pay the Subscription Fees to The Company for the User Subscriptions within thirty (30) days following the date of the invoice.
9.2. If The Company has not received payment in accordance with the payment terms attached to the invoice and by the due date indicated then, without prejudice to any other rights and remedies of The Company: a. The Company may, without liability to the Client, suspend all or part of the Services until such time that any amounts owing to The Company are paid; and b. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of Barclays Bank Plc from time to time, commencing from and including the due date and continuing until fully paid, whether before or after judgment.
9.3. All amounts and fees stated or referred to in this agreement: a. shall be payable in pounds sterling unless otherwise stated on the Order Form or agreed in writing by The Company; b. are non-cancellable and non-refundable; and c. are exclusive of value added tax, which shall be added to The Company’s invoices at the appropriate rate.
9.4. The Company shall upon giving 30 days’ prior notice to the Client be entitled to increase (i) the Subscription Fees; and (ii) the fees payable in respect of any additional User Subscriptions which the Client is obliged to purchase pursuant to clause 3.2 or has chosen to purchase at the start of each Renewal Period and the Order Form shall be deemed to have been amended accordingly.
9.5. In the event that the Client or any Affiliate of the Client that has a right to access the Services is a party to a Transfer: a. this agreement shall remain in full force and effect; b. The Company may offer the Client a Merger Fee; and c. unless and until the Client pays the Merger Fee, the Client agrees that no person who was (or, after the Transfer, is) an employee, contractor or other personnel of the relevant third party prior to the Transfer shall access, use or benefit in any way from the Services or shall otherwise be deemed to be Authorized User(s) under this agreement.
10.1. The Client acknowledges and agrees that The Company and/or its licensors shall at all times retain full ownership of all intellectual property rights in the Articles, the Data and the Services. Except as expressly stated herein, this agreement does not grant the Client any rights or licenses to or in any copyright, database right, patents, trade secrets, trade names or trademarks or other intellectual property rights (whether registered or unregistered) that The Company owns, controls or has licensed from a third party.
11.1. Each party may be given access to Confidential Information relating to the other party in order to perform its obligations under this agreement. A party’s Confidential Information shall not be deemed to include information that: a. is or becomes publicly known other than through any act or omission of the receiving party; b. was in the other party’s lawful possession before the disclosure; c. is lawfully disclosed to the receiving party by a third party without restriction on disclosure; d. is independently developed by the receiving party, which independent development can be shown by written evidence; or e. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
11.2. Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
11.3. Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
11.4. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
11.5. This clause 11 shall survive termination of this agreement, however arising.
12.1. This clause 12 sets out the entire financial liability of The Company (including any liability of The Company for the acts or omissions of its employees, agents and sub-contractors) to the Client: a. arising under or in connection with this agreement; b. in respect of any use made by the Client of the Services or any part of them; and c. in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
12.2. Except as expressly and specifically provided in this agreement: a. the Client assumes sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use, including but not limited to any trading, investment or commercial decisions; b. The Company shall have no liability for any damage caused by errors or omissions in any information, instructions, advice, opinion, recommendation, guidance, forecast, judgment, publication, conclusion or any course of action (or inaction) of the Client or any client of Client or for any scripts provided to the Client The Company in connection with the Services, or any actions taken by the Client, made or taken in reliance of, or based on, any of the Services (including in any Data or Derived Data) at The Company’s direction or suggestion; c. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and d. the Services are provided to the Client on an “as is” basis in accordance with clause 7.3.a.
12.3. Nothing in this agreement excludes the liability of either party: a. for death or personal injury caused by that party’s negligence; or b. for fraud, fraudulent misrepresentation or willful misconduct.
12.4. Subject to clause 12.2 and clause 12.3: a. Neither party shall be liable to the other whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; b. Earn It All’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the greater of (i) the total Subscription Fees paid for the User Subscriptions during the 12 months immediately preceding the date on which the claim arose; and (ii) $500; and c. The Company shall not be liable to the Client in the event that the Client is in breach of any of its obligations under this agreement, including but not limited to those set out at clause 8.
12.5. The Company shall indemnify the Client against any damages, liabilities, costs and losses incurred as a direct result of any successful claim, action or proceeding brought by a third party that the Client’s use of the Services constitutes an infringement of that third party’s intellectual property rights.
13.1. The Services shall be provided for the Initial Term and, unless otherwise expressly agreed, shall automatically renew at the end of the Initial Period for a Renewal Period unless this agreement is terminated in accordance with clause 13.2 of this agreement.
13.2. Either party may terminate this agreement if: (a) that party gives at least 30 days written notice to the other party, such notice to take effect at the end of the Initial Term or any subsequent Renewal Period; (b) The Company no longer has the right to license or distribute a material party of the Services; (c) the other party commits a breach of any material term or condition of this agreement and does not cure such breach within 30 days’ written notice to do so; or (d) the other party’s assets are transferred to an assignee for the benefit of creditors, to a receiver or to a trustee in bankruptcy, a proceeding is commenced by or against the other party for relief under bankruptcy or similar laws and such proceeding is not dismissed within 60 days, or the other party is adjudged bankrupt.
13.3. Any termination does not relieve either Party of any liability incurred prior to such termination, or for Client’s payment for unaffected Services. Upon the termination of this agreement, or any Order Form; all Subscription Fees and any other sums owed by the Client at the date of termination shall automatically and immediately become due and payable.
13.4. Upon any expiration or other termination of an Order Form, all licenses granted under same immediately will terminate. All terms and conditions of the agreement will continue to apply to any Order Forms that have not been so terminated.
13.5. Except as is otherwise expressly stated in this agreement, the Client may not permanently retain any Data or Articles, including: (a) in any file or on any hard drive, server or other form of memory; or (b) in any printed form. The Client represents and warrants that upon any expiration or termination of this agreement or an Order Form, as applicable, the Client will immediately: (i) discontinue all use of Services, Articles, Data associated with any expired or terminated Order Forms; (ii) destroy any items relating to the Services, (including but not limited to Data, Software, Articles) and purge any Articles, Data from all electronic media; and (iii) upon request from The Company provide written certification to The Company that the Client has complied with this clause 13.5. The Company reserves the right to audit the Client’s databases and systems to ensure its compliance with this clause 13.5. In the event that The Company learns that the Client has not complied with the terms of this 13.5 then The Company may invoice the Client for a Renewal Period for each year that the Client is or has been in breach of this clause 13.5.
13.6. In the event that the Client terminates this agreement pursuant to clause 13.2 (b), (c) or (d) then The Company shall refund the Client a pro-rated amount in respect of any prepaid Subscription Fees.
14.1. Neither party be in breach of this agreement or shall owe any liability to the other if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of The Company or any other party), failure of a utility service or transport or telecommunications network, pandemic, epidemic, public health emergency, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub- contractors, provided that the other is notified of such an event and its expected duration. If the period of delay or non-performance continues for three months, the party not affected may terminate this agreement by giving 30 days’ written notice to the affected party.
15.1. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their Authorized representatives).
15.2. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
15.3. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
15.4. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
15.5. This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
15.6. Neither party shall, without the prior written consent of the other, assign, transfer, charge, or deal in any other manner with all or any of its rights or obligations under this agreement except that either party may, after having given prior written notice to the other party, assign or transfer any or all of its rights and obligations under this agreement to: a. an Affiliate for so long as the assignee remains an Affiliate; or b. to any person to whom it transfers the part of its business to which this agreement relates, provided that the assignee undertakes in writing to the non-assigning party to be bound by the assignor’s obligations under this agreement.
15.7. Nothing in this agreement is intended to or shall operate to create a partnership between the parties or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
15.8. This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
15.9. Any notice required to be given under this agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this agreement, or such other address as may have been notified by that party for such purposes or sent by email to the other email address as is set out on the Order Form.
15.10. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission.
15.11. In the event that there is any conflict between the terms of this agreement and any general terms and conditions set out on a The Company website, the terms of this agreement shall prevail.
15.12. All amounts due under this agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax which is required by law).
16.1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Arizona and each party irrevocably agrees that the courts of Arizona shall have exclusive jurisdiction to settle such dispute or claim. This agreement has been entered into on the date stated at the beginning of it.